[Federal Register Volume 62, Number 149 (Monday, August 4, 1997)]
[Notices]
[Pages 41962-41964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20473]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5868-7]
Agency Information Collection Activities: Proposed Collection;
Comment Request; Application for Preauthorization of a CERCLA Response
Action and the Claim for CERCLA Response
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): ``Application for Preauthorization of a
[[Page 41963]]
CERCLA Response Action'' and the ``Claim for CERCLA Response Action'';
EPA ICR No. 1304; OMB Control No. 2050-0106; expiring on January 31,
1998. 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 October 1, 1997.
ADDRESSES: Copies of ICR are available by mail, or electronically via
request to e-mail address below.
Seth Bruckner, Attorney/Advisor, U.S. Environmental Protection Agency,
Office of Emergency and Remedial Response, 401 M Street, SW (5204G),
Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Seth Bruckner, Attorney/Advisor;
Phone: (703) 603-8766; Fax: (703) 603-9100; E-MAIL:
[email protected]
SUPPLEMENTARY INFORMATION: Affected entities: Entities potentially
affected by this action are those which are eligible to submit a claim
pursuant to sections 111(a)(2) or 122(b)(1) of CERCLA.
Title: ``Application for Preauthorization of a CERCLA Response
Action'' and the ``Claim for CERCLA Response Action'' (OMB Control No.
2050-0106; EPA ICR No. 1304.) expiring 1/31/98.
Abstract: This statement supports the request for renewal of the
information collection requirements contained in EPA's final rule
``Response Claims Procedures for the Hazardous Substance Superfund''
(40 CFR part 307), hereinafter referred to as the RCP. The RCP was
promulgated on January 21, 1993, and the ICR for this rule needs to be
renewed. The information collection requirements under the RCP will
provide the information necessary to fulfill the statutory requirements
of section 112 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (CERCLA).
Under section 111 (a) (2) of CERCLA, claimants are authorized to be
reimbursed from the Hazardous Substance Superfund (the Fund) for
necessary response costs incurred as a result of carrying out the
National Oil and Hazardous Substances Pollution Contingency Plan (NCP,
40 CFR part 300). In addition, section 122(b)(1) of CERCLA provides the
President (EPA, by delegation under Executive Order (E.O.) 12580) with
the discretionary authority to enter into agreements with potentially
responsible parties (PRPs), whereby the PRPs will perform a
preauthorized phase of a response action in return for reimbursement of
an agreed-on portion of response costs from the Fund (i.e., a ``mixed-
funding'' agreement).
Section 112(b)(1) of CERCLA authorizes EPA (as delegated by E.O.
12580) to prescribe the appropriate forms and procedures for filing
response claims against the Fund, including a provision requiring the
claimant to make a sworn verification of the claim to the best of his/
her knowledge. EPA has promulgated the RCP pursuant to the section 112
authority.
Under the RCP and pursuant to sections 111(a)(2) and 122(b)(1) of
CERCLA, individuals, private entities, and potentially responsible
parties (PRPs) (including States and political subdivisions) are
eligible to submit claims against the Fund for reimbursement of
response costs. As specified by section 111(a)(2) of CERCLA and section
300.700(d) of the NCP, all proposed response actions must be approved
in advance by EPA through the preauthorization process in order for a
subsequent claim to be awarded. Applicants may obtain preauthorization
from EPA for proposed response actions by completing and submitting the
``Application for Preauthorization of a CERCLA Response Action'' (EPA
Form 2075-3). EPA will review and evaluate completed applications and
will respond in writing to applicants within approximately 45 days of
receipt of a completed application. Once the Agency's review has been
completed, EPA will develop a Preauthorization Decision Document (PDD).
The PDD will establish a record of the Agency's decision regarding
preauthorization and will contain the terms and conditions that must be
satisfied for the applicant to be reimbursed from the Fund.
After an applicant has obtained preauthorization from EPA and has
completed the preauthorized response action (or a preauthorized phase
of a response action), he/she may submit a claim for reimbursement of
the resultant response costs. In order to file a claim, the claimant
must complete and submit to EPA the ``Claim for CERCLA Response
Action'' (EPA Form 2075-41. EPA will review and evaluate the
information contained on the completed claim form and will make a
determination on whether to award or deny the claim, in whole or in
part.
The application for preauthorization and the claim form may be
obtained from any of the EPA Regional Offices. Completed applications
for preauthorization and claim forms will be submitted to the
appropriate EPA Regional Office for review. The EPA Regional Office
will review and evaluate the application for preauthorization and the
claim form in coordination with the Hazardous Site Control Division,
the Office of the General Counsel, the Office of Enforcement and
Compliance Assurance, and other offices, as necessary. Both forms will
be evaluated according to the criteria set forth in the RCP. The
information contained on the application and the claim form will be
retained in the EPA Regional Office for three years after the
completion of a project and will be available (if not deemed
confidential), upon request, to the public through the public docket in
accordance with the Freedom of Information Act.
An agency may not conduct or sponsor, and a person is not required
to, a collection of information unless it displays a currently valid
OMB control number. The OMB control numbers for EPA's regulations are
listed in 40 CFR part 9 and 48 CFR Chapter 15.
EPA would like to solicit 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
whoa re 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.
Burden Statement: Based on its previous experience with the RCP,
EPA estimates that five preauthorization requests will be submitted
annually with an average of 258 workhours per request. With regard to
claims applications, it is estimated that 12 will be submitted annually
with an average of 42 work hours per claim. Once claims are awarded,
claimants will have to maintain records for 10 years. Records
maintenance will be performed by 10 claimants annually with an average
of 15 hours per activity. The total annual cost for respondents will be
$107,650.
The bottom line burden hours for completing the preauthorization
application, the claim form, and maintaining necessary records is an
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average of 317 hours. The total annual average burden for all
respondents is 1,968 hours. The total annual average cost for all
respondents is $107,650. The bottom line burden hours for EPA to review
a preauthorization application and a claim is 240 hours. The total
annual average burden for EPA is 3,520 hours. The total annual average
cost for EPA is $90,182.
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 purpose 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;
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.
Dated: July 29, 1992.
Steven D. Luftig,
Director, Office of Emergency and Remedial Response.
[FR Doc. 97-20473 Filed 8-1-97; 8:45 am]
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