83_FR_12436 83 FR 12381 - Proposed Information Collection Request; Comment Request; Implementation of the Oil Pollution Act Facility Response Plan Requirements (Renewal)

83 FR 12381 - Proposed Information Collection Request; Comment Request; Implementation of the Oil Pollution Act Facility Response Plan Requirements (Renewal)

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 55 (March 21, 2018)

Page Range12381-12382
FR Document2018-05760

The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), ``Oil Pollution Act Facility Response Plans--40 CFR part 112.20'' (EPA ICR No. 1630.13, OMB Control No. 2050-0135) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA). Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a proposed extension of the ICR, which is currently approved through August 31, 2018. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

Federal Register, Volume 83 Issue 55 (Wednesday, March 21, 2018) 
[Federal Register Volume 83, Number 55 (Wednesday, March 21, 2018)]
[Notices]
[Pages 12381-12382]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05760]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OLEM-2018-0105; FRL-9975-67-OLEM]


Proposed Information Collection Request; Comment Request; 
Implementation of the Oil Pollution Act Facility Response Plan 
Requirements (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is planning to 
submit an information collection request (ICR), ``Oil Pollution Act 
Facility Response Plans--40 CFR part 112.20'' (EPA ICR No. 1630.13, OMB 
Control No. 2050-0135) to the Office of Management and Budget (OMB) for 
review and approval in accordance with the Paperwork Reduction Act 
(PRA). Before doing so, EPA is soliciting public comments on specific 
aspects of the proposed information collection as described below. This 
is a proposed extension of the ICR, which is currently approved through 
August 31, 2018. An Agency may not conduct or sponsor and a person is 
not required to respond to a collection of information unless it 
displays a currently valid OMB control number.

DATES: Comments must be submitted on or before May 21, 2018.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OLEM-
2018-0105 referencing the Docket ID numbers provided for each item in 
the text, online using www.regulations.gov (our preferred method), by 
email to swackhammer.j-troy@epa.gov, or by mail to: EPA Docket Center, 
Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania 
Ave. NW, Washington, DC 20460.
    The EPA's policy is that all comments received will be included in 
the public docket without change including any personal information 
provided, unless the comment includes profanity, threats, information 
claimed to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: J. Troy Swackhammer, Office of 
Emergency Management, Mail Code 5104A, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: 202-
564-1966; email address: swackhammer.j-troy@epa.gov.

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail 
the information that the EPA will be collecting are available in the 
public docket for this ICR. The docket can be viewed online at 
www.regulations.gov or in person at the EPA Docket Center, WJC West, 
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone 
number for the Docket Center is 202-566-1744. For additional 
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting 
comments and information to enable it 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. EPA 
will consider the comments received and amend the ICR as appropriate. 
The final ICR package will then be submitted to OMB for review and 
approval. At that time, EPA will issue another Federal Register notice 
to announce the submission of the ICR to OMB and the opportunity to 
submit additional comments to OMB.
    Abstract: The authority for EPA's facility response plan (FRP) 
requirements is derived from section 311(j)(5) of the Clean Water Act, 
as amended by the Oil Pollution Act of 1990. EPA's regulation is 
codified at 40 CFR 112.20 and 112.21 and related appendices. All FRP 
reporting and recordkeeping activities are mandatory. This information 
collection request renewal has substantively changed from the last ICR 
approval (August 21, 2015) due to a reduction in the plan holder 
universe as a result of facility closures and reductions in storage 
capacities, rendering these facilities no longer subject to FRP 
requirements. The purpose of an FRP is to help an owner or operator 
identify the necessary resources to respond to an oil spill in a timely 
manner. If implemented effectively, the FRP will reduce the impact and 
severity of oil spills and may prevent spills because of the

[[Page 12382]]

identification of risks at the facility. Although the owner or operator 
is the primary data user, EPA also uses the data in certain situations 
to ensure that facilities comply with the regulation and to help 
allocate response resources. State and local governments may use the 
data, which are not generally available elsewhere and can greatly 
assist local emergency preparedness planning efforts. The EPA reviews 
all submitted FRPs and must approve FRPs 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 planned for adequate resources and procedures to 
respond to a spill. (See 40 CFR 112.20(f)(3) for further information 
about the criteria for significant and substantial harm.) None of the 
information collected under the FRP rule is believed to be 
confidential. One of the criteria necessary for information to be 
classified as confidential (40 CFR 2.208) is that a business must show 
that it has previously taken reasonable measures to protect the 
confidentiality of the information and that it intends to continue to 
take such measures. The EPA has provided no assurances of 
confidentiality to facility owners or operators when they file their 
FRPs.
    Form Numbers: None.
    Respondents/Affected Entities: Entities potentially affected by 
this action are the owner or operator of a facility that is required to 
have a Spill Prevention, Control, and Countermeasure (SPCC) plan under 
the Oil Pollution Prevention regulation (40 CFR part 112) and that 
could cause substantial harm to the environment, and must prepare and 
submit an FRP to EPA. The applicability criteria for a substantial harm 
facility are: (1) The facility transfers oil over water to or from a 
vessel and has a total storage capacity of greater than or equal to 
42,000 gallons; or (2) the facility's total oil storage capacity is 
greater than or equal to one million gallons and one or more of the 
following harm factors are met: Insufficient secondary containment for 
aboveground storage tanks at the facility; a discharge of oil could 
impact fish and wildlife and sensitive environments; a discharge of oil 
could shut down a drinking water intake; the facility has experienced a 
reportable oil discharge of 10,000 gallons or more in last 5 years; or 
other factors considered by the Regional Administrator. (See 40 CFR 
112.20(b)(1) and (f) for further information about the criteria for 
substantial harm.)
    Respondent's Obligation to Respond: Mandatory under section 
311(j)(5) of the Clean Water Act, as amended by the Oil Pollution Act 
of 1990.
    Estimated Number of Respondents: 22,274 (total).
    Frequency of Response: Less than once per year.
    Total Estimated Burden: 378,828 hours (per year). Burden is defined 
at 5 CFR 1320.03(b)
    Total Estimated Cost (With Overhead): $16,019,855 (per year), 
includes $3,355 annualized capital or operation & maintenance costs.
    Changes in Estimates: The EPA estimates that there is a reduction 
in the hours of total estimated respondent burden (approximate 
reduction of 84,591 hours) compared with the ICR currently approved by 
OMB. This estimate is based on EPA's current inventory of facilities 
that have submitted and are maintaining an FRP as per 40 CFR part 112. 
The EPA has not amended the FRP regulation since the last ICR renewal 
that would affect the per-facility burden. The EPA will consider the 
comments received and amend the ICR as appropriate.

    Dated: February 26, 2018.
Reggie Cheatham,
Director, Office of Emergency Management.
[FR Doc. 2018-05760 Filed 3-20-18; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Notices 12381 Energy Regulatory Commission, 888 ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: First Street NE, Washington, DC 20426, AGENCY Supporting documents which explain in in accordance with Rules 211 and 214 detail the information that the EPA will of the Commission’s Rules of Practice [EPA–HQ–OLEM–2018–0105; FRL–9975– be collecting are available in the public and Procedure (18 CFR 385.211 and 67–OLEM] docket for this ICR. The docket can be 385.214). Anyone filing a motion to viewed online at www.regulations.gov intervene or protest must serve a copy Proposed Information Collection or in person at the EPA Docket Center, of that document on the Applicant. Request; Comment Request; WJC West, Room 3334, 1301 Implementation of the Oil Pollution Act Constitution Ave. NW, Washington, DC. Notice is hereby given that the Facility Response Plan Requirements The telephone number for the Docket deadline for filing protests with regard (Renewal) Center is 202–566–1744. For additional to the applicant’s request for blanket information about EPA’s public docket, authorization, under 18 CFR part 34, of AGENCY: Environmental Protection visit http://www.epa.gov/dockets. future issuances of securities and Agency (EPA). Pursuant to section 3506(c)(2)(A) of assumptions of liability, is April 4, ACTION: Notice. the PRA, EPA is soliciting comments 2018. and information to enable it to: (i) SUMMARY: The Environmental Protection Evaluate whether the proposed The Commission encourages Agency (EPA) is planning to submit an electronic submission of protests and collection of information is necessary information collection request (ICR), for the proper performance of the interventions in lieu of paper, using the ‘‘Oil Pollution Act Facility Response functions of the Agency, including FERC Online links at http:// Plans—40 CFR part 112.20’’ (EPA ICR whether the information will have www.ferc.gov. To facilitate electronic No. 1630.13, OMB Control No. 2050– practical utility; (ii) evaluate the service, persons with internet access 0135) to the Office of Management and accuracy of the Agency’s estimate of the who will eFile a document and/or be Budget (OMB) for review and approval burden of the proposed collection of listed as a contact for an intervenor in accordance with the Paperwork information, including the validity of must create and validate an Reduction Act (PRA). Before doing so, the methodology and assumptions used; eRegistration account using the EPA is soliciting public comments on (iii) enhance the quality, utility, and eRegistration link. Select the eFiling specific aspects of the proposed clarity of the information to be link to log on and submit the information collection as described collected; and (iv) minimize the burden intervention or protests. below. This is a proposed extension of of the collection of information on those Persons unable to file electronically the ICR, which is currently approved who are to respond, including through should submit an original and 5 copies through August 31, 2018. An Agency the use of appropriate automated may not conduct or sponsor and a electronic, mechanical, or other of the intervention or protest to the person is not required to respond to a technological collection techniques or Federal Energy Regulatory Commission, collection of information unless it other forms of information technology, 888 First Street NE, Washington, DC e.g., permitting electronic submission of displays a currently valid OMB control 20426. number. responses. EPA will consider the The filings in the above-referenced DATES: Comments must be submitted on comments received and amend the ICR proceeding are accessible in the or before May 21, 2018. as appropriate. The final ICR package Commission’s eLibrary system by will then be submitted to OMB for ADDRESSES: Submit your comments, clicking on the appropriate link in the review and approval. At that time, EPA referencing Docket ID No. EPA–HQ– above list. They are also available for will issue another Federal Register OLEM–2018–0105 referencing the electronic review in the Commission’s notice to announce the submission of Docket ID numbers provided for each Public Reference Room in Washington, the ICR to OMB and the opportunity to item in the text, online using DC. There is an eSubscription link on submit additional comments to OMB. www.regulations.gov (our preferred Abstract: The authority for EPA’s the website that enables subscribers to method), by email to swackhammer.j- facility response plan (FRP) receive email notification when a troy@epa.gov, or by mail to: EPA Docket requirements is derived from section document is added to a subscribed Center, Environmental Protection 311(j)(5) of the Clean Water Act, as docket(s). For assistance with any FERC Agency, Mail Code 28221T, 1200 amended by the Oil Pollution Act of Online service, please email Pennsylvania Ave. NW, Washington, DC 1990. EPA’s regulation is codified at 40 FERCOnlineSupport@ferc.gov. or call 20460. CFR 112.20 and 112.21 and related (866) 208–3676 (toll free). For TTY, call The EPA’s policy is that all comments appendices. All FRP reporting and (202) 502–8659. received will be included in the public recordkeeping activities are mandatory. docket without change including any This information collection request Dated: March 15, 2018. personal information provided, unless renewal has substantively changed from Nathaniel J. Davis, Sr., the comment includes profanity, threats, the last ICR approval (August 21, 2015) Deputy Secretary. information claimed to be Confidential due to a reduction in the plan holder [FR Doc. 2018–05676 Filed 3–20–18; 8:45 am] Business Information (CBI) or other universe as a result of facility closures BILLING CODE 6717–01–P information whose disclosure is and reductions in storage capacities, restricted by statute. rendering these facilities no longer FOR FURTHER INFORMATION CONTACT: J. sradovich on DSK3GMQ082PROD with NOTICES subject to FRP requirements. The Troy Swackhammer, Office of purpose of an FRP is to help an owner Emergency Management, Mail Code or operator identify the necessary 5104A, Environmental Protection resources to respond to an oil spill in a Agency, 1200 Pennsylvania Ave. NW, timely manner. If implemented Washington, DC 20460; telephone effectively, the FRP will reduce the number: 202–564–1966; email address: impact and severity of oil spills and swackhammer.j-troy@epa.gov. may prevent spills because of the VerDate Sep<11>2014 18:34 Mar 20, 2018 Jkt 244001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\21MRN1.SGM 21MRN1

12382 Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Notices identification of risks at the facility. Clean Water Act, as amended by the Oil To subscribe to the MSTRS listserv, Although the owner or operator is the Pollution Act of 1990. send an email to mccubbin.courtney@ primary data user, EPA also uses the Estimated Number of Respondents: epa.gov. data in certain situations to ensure that 22,274 (total). DATES: Tuesday, May 22, 2018 from 9:00 facilities comply with the regulation Frequency of Response: Less than a.m. to 4:30 p.m. Registration begins at and to help allocate response resources. once per year. 8:30 a.m. State and local governments may use Total Estimated Burden: 378,828 ADDRESSES: The meeting is currently the data, which are not generally hours (per year). Burden is defined at 5 scheduled to be held at DoubleTree by available elsewhere and can greatly CFR 1320.03(b) Hilton in Crystal City, 300 Army Navy assist local emergency preparedness Total Estimated Cost (With Drive, Arlington, VA 22202. However, planning efforts. The EPA reviews all Overhead): $16,019,855 (per year), this date and location are subject to submitted FRPs and must approve FRPs includes $3,355 annualized capital or for those facilities whose discharges change and interested parties should operation & maintenance costs. may cause significant and substantial monitor the Subcommittee website Changes in Estimates: The EPA harm to the environment in order to (above) for the latest logistical estimates that there is a reduction in the ensure that facilities believed to pose information. hours of total estimated respondent the highest risk have planned for burden (approximate reduction of FOR FURTHER INFORMATION CONTACT: adequate resources and procedures to 84,591 hours) compared with the ICR Courtney McCubbin, Designated Federal respond to a spill. (See 40 CFR currently approved by OMB. This Officer, Transportation and Climate 112.20(f)(3) for further information estimate is based on EPA’s current Division, Mailcode 6406A, U.S. EPA, about the criteria for significant and inventory of facilities that have 1200 Pennsylvania Ave. NW, substantial harm.) None of the submitted and are maintaining an FRP Washington, DC 20460; Ph: 202–564– information collected under the FRP as per 40 CFR part 112. The EPA has not 2436; email: mccubbin.courtney@ rule is believed to be confidential. One amended the FRP regulation since the epa.gov. Background on the work of the of the criteria necessary for information last ICR renewal that would affect the Subcommittee is available at: https:// to be classified as confidential (40 CFR per-facility burden. The EPA will www.epa.gov/caaac/mobile-sources- 2.208) is that a business must show that consider the comments received and technical-review-subcommittee-mstrs- it has previously taken reasonable amend the ICR as appropriate. caaac Individuals or organizations measures to protect the confidentiality wishing to provide comments to the Dated: February 26, 2018. of the information and that it intends to Subcommittee should submit them to continue to take such measures. The Reggie Cheatham, Ms. McCubbin at the address above by EPA has provided no assurances of Director, Office of Emergency Management. May 8, 2018. The Subcommittee expects confidentiality to facility owners or [FR Doc. 2018–05760 Filed 3–20–18; 8:45 am] that public statements presented at its operators when they file their FRPs. BILLING CODE 6560–50–P meetings will not be repetitive of Form Numbers: None. previously submitted oral or written Respondents/Affected Entities: statements. Entities potentially affected by this ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: During the action are the owner or operator of a AGENCY facility that is required to have a Spill meeting, the Subcommittee may also [FRL–9975–73–OAR] hear progress reports from some of its Prevention, Control, and Countermeasure (SPCC) plan under the workgroups as well as updates and Meeting of the Mobile Sources announcements on activities of general Oil Pollution Prevention regulation (40 Technical Review Subcommittee CFR part 112) and that could cause interest to attendees. substantial harm to the environment, AGENCY: Environmental Protection For Individuals with Disabilities: For and must prepare and submit an FRP to Agency (EPA). information on access or services for EPA. The applicability criteria for a individuals with disabilities, please ACTION: Notice of meeting. substantial harm facility are: (1) The contact Ms. McCubbin (see above). To facility transfers oil over water to or SUMMARY: Pursuant to the Federal request accommodation of a disability, from a vessel and has a total storage Advisory Committee Act, Public Law please contact Ms. McCubbin, capacity of greater than or equal to 92–463, notice is hereby given that the preferably at least 10 days prior to the 42,000 gallons; or (2) the facility’s total Mobile Sources Technical Review meeting, to give EPA as much time as oil storage capacity is greater than or Subcommittee (MSTRS) will meet on possible to process your request. equal to one million gallons and one or May 22, 2018. The MSTRS is a Dated: March 13, 2018. more of the following harm factors are subcommittee under the Clean Air Act Christopher Grundler, met: Insufficient secondary containment Advisory Committee. This is an open Director, Office of Transportation and Air for aboveground storage tanks at the meeting. The meeting will include Quality, Office of Air and Radiation. facility; a discharge of oil could impact discussion of current topics and [FR Doc. 2018–05753 Filed 3–20–18; 8:45 am] fish and wildlife and sensitive presentations about activities being BILLING CODE 6560–50–P environments; a discharge of oil could conducted by EPA’s Office of shut down a drinking water intake; the Transportation and Air Quality. The facility has experienced a reportable oil preliminary agenda for the meeting and ENVIRONMENTAL PROTECTION any notices about change in venue will sradovich on DSK3GMQ082PROD with NOTICES discharge of 10,000 gallons or more in AGENCY last 5 years; or other factors considered be posted on the Subcommittee’s website: http://www2.epa.gov/caaac/ [EPA–HQ–OPP–2017–0222; FRL–9974–61] by the Regional Administrator. (See 40 CFR 112.20(b)(1) and (f) for further mobile-sources-technical-review- Labat-Anderson Incorporated; Transfer information about the criteria for subcommittee-mstrs-caaac. MSTRS of Data substantial harm.) listserv subscribers will receive Respondent’s Obligation to Respond: notification when the agenda is AGENCY: Environmental Protection Mandatory under section 311(j)(5) of the available on the Subcommittee website. Agency (EPA). VerDate Sep<11>2014 18:34 Mar 20, 2018 Jkt 244001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\21MRN1.SGM 21MRN1


Document Created: 2018-03-21 00:45:47
Document Modified: 2018-03-21 00:45:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesComments must be submitted on or before May 21, 2018.
ContactJ. Troy Swackhammer, Office of Emergency Management, Mail Code 5104A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: 202-
FR Citation83 FR 12381 
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