[Federal Register Volume 63, Number 59 (Friday, March 27, 1998)]
[Notices]
[Pages 14919-14920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8053]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5987-7]
Agency Information Collection Activities: Submission for OMB
Review; Comment Request; Spill Prevention, Control and Countermeasure
Plans
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 document announces that the following Information
Collection Request (ICR) has been forwarded to the Office of Management
and Budget (OMB) for review and approval: Spill Prevention, Control and
Countermeasure Plans, OMB Control No. 2050-0021; expiring 5/31/98). The
ICR describes the nature of the information collection and its expected
burden and cost; where appropriate, it includes the actual data
collection instrument.
DATES: Comments must be submitted on or before April 27, 1998.
FOR FURTHER INFORMATION CONTACT: Contact Sandy Farmer at EPA by phone
at (202) 260-2740, by e-mail at farmer.sandy@epamail.epa.gov, or
download off the Internet at http://www.epa.gov/icr and refer to EPA
ICR No. 0328.07.
SUPPLEMENTARY INFORMATION:
Title: ``Spill Prevention, Control and Countermeasure Plans'' (OMB
Control No. 2050-0021; EPA ICR No. 328.07) expiring 5/31/98. This ICR
requests an extension of a currently approved collection.
Abstract: Under section 311 of the Clean Water Act, EPA's Oil
Pollution Prevention regulation (40 CFR part 112) requires facility
owners or operators to prepare and implement SPCC Plans and keep
certain records. Preparation of the SPCC Plan requires that a facility
owner or operator analyze how to prevent oil discharges, thereby
promoting appropriate facility design and operations. The information
in the SPCC Plan also promotes efficient response in the event of a
discharge. Finally, proper maintenance of the SPCC Plan promotes
important spill-reducing measures, facilitates leak detection, and
generally ensures that the facility deters discharges at its peak
capability. All of the SPCC Plan recordkeeping activities are
mandatory. The specific activities and reasons and uses for the
information collection are described below.
[[Page 14920]]
Recordkeeping Activities: Under section 112.3, a facility owner or
operator must prepare a written SPCC Plan, maintain it at or near the
facility, and have it certified by a Registered Professional Engineer
(PE). Under section 112.5 the SPCC Plan must be amended (i) whenever
there is a facility change that materially affects the potential to
discharge oil, and (ii) to include more effective prevention and
control technology identified in the owner or operator's triennial Plan
review. If amended, the Plan must also be certified by a PE. Under
section 112.4, in the event of certain oil discharges, facility owners
or operators must submit the SPCC Plan and other information to the EPA
Regional Administrator and the appropriate state water pollution
control agency within 60 days. Upon review, the Regional Administrator
may require amendment of the SPCC Plan. Again, the amended Plan must be
certified by a PE. Under section 112.3, the owner or operator must
maintain (and update) records of specific inspections as outlined under
section 112.7(e).
On December 2, 1997, at 62 FR 63812, EPA published proposed
revisions to the SPCC rule (40 CFR part 112). The proposed revisions
were designed to reduce the information collection burden of the SPCC
rule. The comment period for the proposal closed on February 2, 1998.
EPA is now reviewing the comments received. EPA will also review the
comments received pursuant to proposals to modify the SPCC rule in 1991
and 1993 (see 56 FR 54612, October 22, 1991; and 58 FR 8824, February
17, 1993) and craft a single final rule embodying the 1991, 1993, and
1997 proposals. The final rule should be published in 1999.
Purpose of Data Collection: Facility owners or operators are the
primary users of SPCC Plans and related data. EPA does not collect the
Plan or related records on a routine basis. Facilities that prepare,
implement, and maintain an SPCC Plan improve their ability to prevent
oil discharges, and mitigate the environmental damage caused by such
discharges. As facility owners or operators accumulate the data, they
necessarily analyze the facility's capability to prevent oil
discharges, facilitate safety awareness, and promote the use of
appropriate design and operational standards that reduce the likelihood
of an oil discharge. The Plan information can also help the facility
respond efficiently in the event of a discharge. Inspection records
help facility owners and operators to promote important operation and
maintenance, and demonstrate compliance with SPCC requirements.
EPA also uses the SPCC data in certain situations. EPA primarily
uses SPCC Plan data to verify that facilities comply with the
regulation and implement their Plan, including design and operation
specifications and inspection requirements. EPA reviews SPCC Plans; (1)
when facilities submit the Plans because of oil discharges, and (2) as
part of EPA's inspection program. State and local governments may also
use the data, which is not necessarily available elsewhere and can
greatly assist local emergency preparedness planning efforts.
An Agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a current
valid OMB control number. The OMB control numbers for EPA's regulations
are listed in 40 CFR part 9 and 48 CFR Chapter 15. The Federal Register
Notice required under 5 CFR 1320.8(d), soliciting comments on this
collection of information was published on December 18, 1997 (62 FR
66360); EPA received five comment letters.
Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 39.9
hours per newly regulated facility and 5.4 hours per already regulated
facility. Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements to
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.
Respondents/affected entities: Non-transportation facilities with
the potential to discharge oil to navigable waters.
Estimated number of respondents: 455,472.
Frequency of response: One-time plan, occasional records/reports.
Estimated total annual hour burden: 2.62 million hours.
Estimated total annualized cost burden: $79.3 million.
Send comments on the Agency's need for this information, the
accuracy of the provided burden estimates, and any suggested methods
for minimizing respondent burden, including through the use of
automated collection techniques to the following addresses. Please
refer to EPA ICR No. 328.07 and OMB Control No. 2050-0021 in any
correspondence.
Ms. Sandy Farmer, U.S. Environmental Protection Agency, OPPE Regulatory
Information Division (2137), 401 M St., SW., Washington, DC 20460;
and
Office of Information and Regulatory Affairs, Office of Management and
Budget, Attention: Desk Officer for EPA, 725--17th St., NW.,
Washington, DC 20503.
Dated: March 23, 1998.
Joseph Retzer,
Director, Regulatory Information Division.
[FR Doc. 98-8053 Filed 3-26-98; 8:45 am]
BILLING CODE 6560-50-P