[Federal Register Volume 62, Number 34 (Thursday, February 20, 1997)]
[Notices]
[Pages 7769-7774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4122]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5691-4]
Request for Comments: Implementation of the Oil Pollution Act
Facility Response Plan Requirements; Agency Information Collection
Activities up for Renewal (OMB Control Number: 2050-0135)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this notice announces that EPA is planning to submit the
following continuing Information Collection Request (ICR) to the Office
of Management and Budget (OMB). Before submitting the ICR to OMB for
review and approval, EPA is soliciting comments on specific aspects of
the proposed information collection as described below.
DATES: Comments must be submitted on or before April 21, 1997.
ADDRESSES: Oil Program Center, 401 M Street SW (5203G), Washington, DC
20460. Materials relevant to this ICR may be inspected by visiting
Public Docket No. SPCC-5, located at 1235 Jefferson Davis Highway
(ground floor), Arlington, Virginia. The docket is available for
inspection between 9:00 a.m. and 4:00 p.m. Monday through Friday,
excluding Federal holidays. Appointments are necessary and can be made
by calling (703) 603-9232. A reasonable fee may be charged for copying
docket material.
FOR FURTHER INFORMATION CONTACT: Bobbie Lively-Diebold, (703) 356-8774.
Facsimile number: (703) 603-9116. Electronic address:
[[Page 7770]]
lively.barbara@epamail.epa.gov. Note that questions, but not comments,
will be accepted electronically.
SUPPLEMENTARY INFORMATION:
Affected Entities
The Oil Pollution Prevention regulation (40 CFR Part 112) applies
only to non-transportation-related fixed facilities that could
reasonably be expected to discharge oil into or upon the navigable
waters of the U.S. or adjoining shorelines, and that have: (1) a total
underground buried storage capacity of more than 42,000 gallons; or (2)
a total aboveground oil storage capacity of more than 1,320 gallons, or
an aboveground oil storage capacity of more than 660 gallons in a
single container. All such facilities are required to conduct an
initial screening to determine whether they are required to develop a
facility response plan in accordance with the regulation.
Only those facilities that could cause ``substantial harm'' to the
environment must prepare and submit a response plan. A facility is
screened as ``substantial harm'' if one or both of the following
criteria are met:
(1) The facility has a total oil storage capacity greater than or
equal to 42,000 gallons and transfers oil of any kind over water to or
from vessels; or
(2) The facility's total oil storage capacity is greater than or
equal to one million gallons, and any of the following is true:
The facility is located at a distance such that an oil
discharge from the facility could shut down a public drinking water
intake; or
The facility is located at a distance such that an oil
discharge from the facility could cause injury to fish and wildlife and
sensitive environments, as described in Appendices I, II, and III of
the Department of Commerce (DOC) Guidance for Facility and Vessel
Response Plans; or
At least one tank at the facility does not have adequate
secondary containment; or
The facility has had a reportable oil spill greater than
or equal to 10,000 gallons within the last five years.
In addition, the Regional Administrator (RA) has the authority to
require any facility subject to the Oil Pollution Prevention regulation
to prepare a response plan.
The specific private industry sectors subject to this action
include but are not limited to: (1) Petroleum Bulk Stations and
Terminals (SIC 517); (2) Oil and Gas Extraction (SIC 13); (3) Trucking
and Warehousing (SIC 42); (4) Electrical Utility (SIC 49); (5)
Commercial/Institutional Building (SIC 651); (6) Fuel Oil Dealers (SIC
598); and (7) Miscellaneous Manufacturing (SIC 20-39).
Title
Implementation of the Oil Pollution Act Facility Response Plan
Requirements, OMB Control Number: 2050-0135. EPA Control Number:
1630.03. Expiration Date: July 31, 1997.
Abstract
The authority for EPA's response plan requirements is derived from
Section 311 of the Clean Water Act as amended by the Oil Pollution Act
of 1990 (OPA). EPA's regulation, which is codified at 40 CFR 112.20,
requires that owners and operators of facilities that could cause
``substantial harm'' to the environment by discharging oil into
navigable water bodies or adjoining shorelines prepare plans for
responding, to the maximum extent practicable, to a worst case
discharge of oil, to a substantial threat of such a discharge, and, as
appropriate, to discharges smaller than worst case discharges.
Each facility response plan is submitted to EPA. The Agency, in
turn, reviews and approves plans from facilities identified as having
the potential to cause ``significant and substantial harm'' to the
environment from oil discharges. Other low-risk, regulated facilities
that are not required to prepare facility response plans are required
to document their determination that they do not meet the ``substantial
harm'' criteria.
Facility response plans enhance EPA's ability to protect navigable
waters and sensitive environments when oil discharges occur and reduce
the cost of spills to the regulated community and society. Response
plans reduce such costs by ensuring that discharges are controlled and
cleaned up swiftly and efficiently. Facilities that are prepared to
respond to incidents are more likely to contain the spread of a spill
before it reaches navigable waters and to mitigate the effects of a
spill on the environment. In an emergency, On-Scene Coordinators, local
emergency response officials such as fire chiefs, and outside oil spill
response contractors may consult a facility's response plan.
None of the information to be gathered for this collection is
believed to be confidential. The specific activities and reasons for
the information collection are described below.
Initial Screening and Certification
Only those facilities regulated under the Oil Pollution Prevention
regulation that could cause ``substantial harm'' to the environment
must prepare and submit response plans. Owners or operators of all
facilities subject to the Oil Pollution Prevention regulation must
familiarize themselves with the rule to determine whether their
facility meets the ``substantial harm'' criteria. Under Sec. 112.20(e),
facilities that do not meet the ``substantial harm'' criteria must
document this determination by completing the ``Certification of
Substantial Harm Determination Form,'' provided in Appendix C of the
regulation.
Response Plan Development
Under Sec. 112.20(a), facilities that meet the ``substantial harm''
criteria must prepare and submit to EPA a response plan. Preparation of
a response plan involves several tasks conducted by the facility's
technical staff and/or hired contractors. Facility personnel must use
background information such as the location, quantities, and types of
material stored and a geographic description of the site (maps,
schematic diagrams, latitude and longitude) available from the
facility's Spill Prevention, Control, and Countermeasure Plan required
by 40 CFR Part 112). The response plan also must include a discussion
of detection and notification procedures at the facility as well as a
list of response equipment. A facility must designate a qualified
individual to serve as the facility response coordinator who will have
full authority to implement and terminate response actions. Roles and
responsibilities of other members of the response team (both company
responders and outside parties) also must be clearly established. A
facility may wish to enter into an arrangement with an outside response
contractor. If so, that response contractor's role must be clearly
defined.
To develop a response plan, the facility performs a hazard
analysis, which involves identifying potential hazards based on
facility background information, determines the vulnerability of the
surrounding area given the hazard, and assesses the risk of a release.
The results of the hazard analysis are used to develop spill scenarios.
For one scenario, the facility calculates the volume of a worst case
discharge and develops an effective response to such a discharge. All
aspects of an effective response must be included in the response plan,
including containment, countermeasure, and mitigation procedures for
different types of incidents, and the provision for proper cleanup and
disposal of contaminated material.
[[Page 7771]]
Response Plan Maintenance
Under Sec. 112.20(g), facilities must periodically review their
response plans to ensure consistency with the National Oil and
Hazardous Substances Pollution Contingency Plan (NCP) and Area
Contingency Plans (ACPs). Consequently, owners or operators who have
prepared response plans must review relevant portions of the NCP and
the applicable ACPs annually and update their facility response plan as
appropriate.
Regulated facilities also are required to perform periodic drills
and exercises in order to test the effectiveness of their response
plan. Under Sec. 112.20(h)(8), facility response plans must include
information about facility self-inspection, drills/exercises, and
response training, including descriptions of training and drill/
exercise programs and documentation of tank inspections, equipment
inspections, response training meetings, response training sessions,
and drills/exercises. Consequently, facility response plans may be
revised based on evaluations of the facility drills and exercises.
In addition, under Sec. 112.20(d)(1), the owner or operator of a
facility determined to have the potential to cause ``significant and
substantial harm'' to the environment must resubmit revised portions of
their response plan after each material change. Material changes
include changes in the amount or location of oil storage, changes in
spill prevention equipment and capabilities, and other changes that
affect the potential for a discharge to cause ``significant and
substantial harm'' to the environment.
Recordkeeping
Facilities subject to the Oil Pollution Prevention regulation,
which determine that the response planning requirements under 40 CFR
112.20 do not apply to their facility, must certify and maintain a
record of this determination. Facilities that are subject to the
response planning requirements at 40 CFR 112.20 are required to
maintain the response plan at the facility. The determination of
applicability and the preparation of a response plan are one-time
activities. Facilities with response plans also are required to
maintain updates to the plan to reflect material changes to the
facility and to log activities such as discharge prevention meetings,
response training, and drills and exercises.
Purpose of Data Collection
The primary user of the facility response plan will be the
facility. Facility-specific response plans will help facility owners
and operators develop a response organization or identify the necessary
resources to adequately respond to an oil spill in a timely manner.
Successful plans will be scenario-based and developed by the
preparation of risk analyses of the areas in question; identification
of several scenarios that require different levels of response;
development of strategies to respond to each scenario; and
identification and provision of resources necessary to respond to each
scenario. If implemented effectively, the plans will reduce the impact
and severity of oil spills and may prevent spills due to the
identification of risks at the facility.
EPA reviews and approves response plans for those facilities whose
discharges may cause ``significant and substantial harm'' to the
environment in order to ensure that facilities believed to pose the
highest risk have adequate resources and procedures in place to respond
to a spill. EPA conducts two type of reviews for response plans
submitted by ``significant and substantial harm'' facilities. First,
EPA performs initial reviews of response plans submitted by
``significant and substantial harm'' facilities that are: newly-
constructed (i.e., come into existence after the effective date of the
regulation); existing facilities that become subject to the response
plan requirements as the result of a change in operations (after the
effective date of the regulation); and facilities newly-designated by
the Regional Administrator as ``significant and substantial harm.''
Second, EPA is required to periodically review the response plans of
``significant and substantial harm'' facilities that already have
submitted a response plan to the Agency, provided that the period
between plan reviews does not exceed five years. The Agency will
require amendments to any response plan that does not meet the
requirements.
EPA also will use the facility-specific information provided in the
response plans to continue to update ACPs as required by the OPA.
Certain plan information, such as provisions for adequate response
capability to respond to a worst case discharge, will help EPA and
other government agencies to better understand the distribution and
capacity of the response contractor industry and more appropriately
allocate government resources to complement existing private-sector
capacity.
Regional, State and local response authorities also will benefit
from information contained in facility response plans. Area Committees,
which are established under OPA section 4202(a), may make use of the
facility response plans in the preparation and update of ACPs. Local
Emergency Planning Committees (LEPCs) under the direction of the State
Emergency Planning Committee (SERC) also can use facility-specific
information to help develop local contingency plans required under SARA
Title III Community Right-to-Know provisions. Once information
contained in the response plans is made available, local and Regional
response authorities will better understand the potential hazards and
response capabilities in their area, thus reducing risk to the
community.
Burden Statement
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide the information to or for a Federal agency. This includes the
time needed to review instructions; develop, acquire, install, and
utilize technology and systems to collect, validate, and verify
information, process and maintain information, and disclose and provide
information; adjust methods to comply with any new requirements and
instructions; train personnel to be able to respond to a collection of
information; search data sources; complete and review the collection of
information; and transmit or otherwise disclose the information.
This notice provides the Agency's estimated burden to facilities to
perform the required actions under 40 CFR 112.20. The burden to
regulated facilities is estimated in terms of the time (hours) spent by
facility and other personnel to review the rule, conduct an initial
screening to determine if plan preparation is required and, if
necessary, prepare and maintain facility response plans. The Agency
developed the burden hours estimates for facilities based on
consultations with facility engineers familiar with Oil Pollution
Prevention compliance and with EPA Regional staff involved directly
with the implementation of the program. The burden hours calculated for
each action are taken from the current ICR and EPA anticipates using
these burden hour estimates in the ICR renewal. The Agency is
soliciting public comment on these burden estimates.
In calculating the burden on all facilities subject to the response
plan requirements, EPA uses a model-facility approach to characterize
the diverse nature of regulated facilities. For purposes of this ICR,
facilities are categorized according to size and type of facility
operations. EPA's size categories are based on the oil storage capacity
[[Page 7772]]
categories provided in the Agency's ``Spill Prevention, Control, and
Countermeasure Facilities Study'' (January 1991), which are defined as
follows: (1) Small facility--total aboveground storage capacity greater
than 1,320 gallons (or 660 gallons in a single tank) but less than or
equal to 42,000 gallons; (2) Medium facility--total aboveground or
underground storage capacities greater than 42,000 gallons but less
than or equal to one million gallons; and (3) Large facility--total
storage capacity greater than one million gallons. The current ICR also
classifies facilities into three additional categories based on how oil
is used at the facility: consumption of oil as a raw material or end-
use product (storage/consumption); marketing and distribution of oil as
a wholesale or retail good (storage/distribution); or pumping oil from
the ground as part of exploration or production activities
(production).
Exhibit 1 provides EPA's estimate of burden hours for facilities to
read the regulation, make a determination of whether the response
planning requirements apply to their facility, and complete the
certification form as necessary. This is a one time event for a
facility regulated by the Oil Pollution Prevention regulation.
Exhibit 1--Burden Hours To Read Rule, Make Determination, and Complete Certification
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Hours required
Size category of facility ----------------------------------------------------------------
Management Technical Clerical Total
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Small.......................................... 0.25 0 0 0.25
Medium......................................... 1 0 0.5 1.5
Large.......................................... 2 4 0.5 6.5
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Most regulated facilities already have made this one-time
determination. The burden hour estimates include facility personnel in
the following labor categories: management, technical, and clerical.
Exhibits 2 and 3 provide the Agency's estimate of the burden hours
required to prepare a response plan for medium and large facilities,
respectively. Given the screening criteria for ``substantial harm,''
the number of small facilities expected to be required to prepare a
facility response plan is assumed to be negligible. Preparation of a
response plan is a one-time event for a facility that meets the
``substantial harm'' screening criteria. The burden described in
Exhibits 2 and 3 would apply to facilities who have not previously
submitted response plans because they are new or recently identified by
the RA as being ``substantial harm'' or ``significant and substantial
harm'' facilities. The burden hour estimates include facility personnel
and consultants in the following labor categories: Management,
technical, clerical, foreman, and labor.
Exhibit 4 provides the Agency's estimate of the burden hours
required to maintain a response plan (i.e., subsequent year burdens
following initial year plan preparation burden) for medium and large
facilities. The estimates in Exhibit 4 apply to existing facilites with
response plans. The burden hour estimates include facility personnel
and consultants in the following labor categories: Management,
technical, clerical, foreman, and labor.
Exhibit 2--Estimated First-Year Burden Hours for Facilities Required to Prepare Facility Response Plans: Medium Facilities
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Model Facility Category
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Storage/Consumption Storage/Distribution Production
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Facility Facility Facility
Rule response Rule response Rule response
familiarization plan familiarization plan familiarization plan
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Facility Personnel Burden (Hours)
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Management................................................. 3.0 16.75 6.0 20.25 3.0 15.75
Technical.................................................. 6.0 34.5 3.0 39.5 6.0 33.5
Clerical................................................... 1.0 7.0 1.0 7.0 1.0 6.0
Foreman.................................................... 0.0 10.0 0.0 10.0 0.0 10.0
Labor...................................................... 0.0 16.0 0.0 16.0 0.0 16.0
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Contractor Personnel Burden (Hours)
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Management................................................. N/A 13.5 N/A 14.5 N/A 7.5
Technical.................................................. N/A 48.0 N/A 53.0 N/A 40.0
Clerical................................................... N/A 9.5 N/A 10.5 N/A 6.5
Unit Burden Subtotal (Hours)............................... 10 155.25 10 170.75 10 135.25
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Total Unit Burden......................................
(1) 165.25 hours
(1) 180.75 hours
(1) 145.25 hours
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N/A--Not Applicable.
Recordkeeping--The regulation does not include significant recordkeeping requirements. However, it can be assumed that the clerical labor indicated in
this exhibit involves recordkeeping-related activities.
[[Page 7773]]
Exhibit 3--Estimated First-Year Burden Hours for Facilities Required To Prepare Facility Response Plans: Large
Facilities
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Model facility category
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Storage/Consumption Storage/Distribution
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Rule Facility response Rule Facility response
familiarization plan familiarization plan
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Facility Personnel Burden (Hours)
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Management...................... 4.0 30.5 4.0 35.5
Technical....................... 8.0 54.25 8.0 63.25
Clerical........................ 1.0 12.0 1.0 12.0
Foreman......................... 0.0 22.0 0.0 22.0
Labor........................... 0.0 64.0 0.0 64.0
Contractor Personnel Burden (Hours)
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Management...................... N/A 23.25 N/A 25.25
Technical....................... N/A 102.0 N/A 128.0
Clerical........................ N/A 20.0 N/A 21.0
Unit Burden Subtotal (Hours).... 13.0 328.0 13.0 371.0
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Total Unit Burden...........
(1) 341 hours
(1) 384 hours
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N/A--Not Applicable.
Recordkeeping--The regulation does not include significant recordkeeping requirements. However, it can be
assumed that the clerical labor indicated in this exhibit involves recordkeeping-related activities.
Exhibit 4--Estimated Burden Hours for Maintaining Facility Response Plans
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Medium facilities Large facilities
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Storage/ Storage/ Storage/ Storage/
consumption distribution Production consumption distribution
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Facility Personnel Burden (Hours)
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Management...................... 7.5 7.5 7.5 9.0 9.0
Technical....................... 18.5 19.5 18.5 21.0 22.0
Clerical........................ 2.0 2.0 2.0 2.0 2.0
Foreman......................... 10.0 10.0 10.0 22.0 22.0
Labor........................... 16.0 16.0 16.0 64.0 64.0
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Contractor Personnel Burden (Hours)
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Management...................... 0.0 0.0 0.0 6.0 8.0
Technical....................... 0.0 0.0 0.0 24.0 36.0
Clerical........................ 0.0 0.0 0.0 6.0 8.0
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Total Unit Burden (Hours)... 54.0 55.0 54.0 154.0 171.0
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N/A--Not Applicable.
Recordkeeping--The regulation does not include significant recordkeeping requirements. However, it can be
assumed that the clerical labor indicated in this exhibit involves recordkeeping-related activities.
In estimating the total burden of the information collection on the
regulated community in the renewal ICR, EPA will calculate the per
facility (unit) burden for each model facility category by multiplying
the estimated burden hours by the wage rates established for each labor
category. EPA then will multiply the unit burden estimates for each
model facility category by the total number of affected facilities in
that category. The total burden of the information collection on the
regulated community will be the sum of the total burden estimates for
each model facility category for screening and certification, response
plan development, and response plan maintenance activities. Screening
and certification and the development of response plans are expected
only for new facilities or facilities identified by the RA as being
either a ``substantial harm'' or ``significant and substantial harm''
facility. The bulk of facilities required to prepare plans in
accordance with 40 CFR 112.20 will be faced only with response plan
maintenance activities for the three-year approval period for this ICR
renewal.
The hourly rates used in the current ICR, adjusted to 1993 dollars
using the Employment Cost Index (ECI), are: $53.49 for management,
$36.66 for technical, and $16.72 for clerical labor. The hourly rates
for foremen and laborers are based on average wage rates in the
construction industry. The rates, which include direct salary and
fringe benefits (calculated at 40 percent of direct salary) but do not
include any overhead costs are: $30.82 for foreman and $20.55 for
laborer. The consultant hourly rates, in 1993 dollars, are: $105.06 for
management, $72.00 technical, and $32.85 for clerical labor. In the
renewal ICR, EPA will update the labor wage rates for the different
labor categories to reflect the Federal government's most current wage
rate figures.
[[Page 7774]]
EPA also will estimate the number of new facilities subject to the
Oil Pollution Prevention regulation that must determine whether the
response planning requirements apply to their facilities. Similarly,
the Agency will estimate the number of new facilities subject to the
requirements that must prepare a response plan. EPA will use these
estimates and information on the number of existing facilities that
already have submitted response plans to calculate the total burden to
the regulated community for maintaining response plans.
EPA anticipates in the renewal ICR that the total burden
attributable to the regulation at 40 CFR 112.20 will decrease in part
because the Agency believes the current ICR overestimated the number of
facilities subject to the response planning requirements at the time
the regulation was first promulgated. EPA will adjust the ICR estimates
to reflect more accurate information obtained by the Agency during the
implementation of the response plan requirements.
The Agency anticipates that the burden on the regulated community
for the three-year period 1997-2000 will be less than the burden for
the three-year period 1994-1997, because the majority of facilities
subject to the Oil Pollution Prevention regulation currently maintain
either a certification form or a response plan. As a result, only those
facilities previously not subject to the regulation (i.e., facilities
that are new, that implement a change in design, such as an increase in
oil storage capacity, or that are identified by the RA as a
``substantial harm'' facility) will be required to either complete the
certification form or develop a response plan in the upcoming three-
year ICR approval period. For such ``newly-regulated facilities,'' the
burden attributable to 40 CFR 112.20 may also be lessened because the
number of states that require response plans similar to that required
under the OPA has increased and because some new facilities may submit
a response plan prepared in the Integrated Contingency Plan format. EPA
currently is analyzing state requirements to determine the degree of
overlap with the response planning requirements under the Oil Pollution
Prevention regulation.
As part of the Agency's efforts to reduce the overall paperwork
burden on regulated facilities, EPA would like to solicit comments on
how the Agency could best reduce the total paperwork burden hours for
this rule while maintaining an effective level of environmental
protection. EPA also would like to solicit public comments to: (i)
evaluate whether the proposed collection of information is necessary
for the proper performance of the functions of the Agency, including
whether the information will have practical utility; (ii) evaluate the
accuracy of the Agency's estimate of the burden of the proposed
collection of information, including the validity of the methodology
and assumptions used; (iii) enhance the quality, utility, and clarity
of the information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques, or other forms of
information technology, e.g., permitting electronic submission of
responses.
No person is required to respond to a collection of information
unless it displays a currently valid OMB control number. The OMB
control numbers for EPA's regulations are displayed at 40 CFR Part 9.
Send comments regarding these matters, or any other aspects of the
information collection, including suggestions for reducing the burden,
to the address listed above under ADDRESSES near the top of this
Notice.
Dated: February 13, 1997.
Stephen D. Luftig,
Director, Office of Emergency and Remedial Response.
[FR Doc. 97-4122 Filed 2-19-97; 8:45 am]
BILLING CODE 6560-50-P
