83 FR 33932 - Proposed Information Collection Request; Comment Request; Emergency Planning and Release Notification Requirements (EPCRA Sections 302, 303, and 304); (EPA ICR No. 1395.10, OMB Control No. 2050-0092)

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 138 (July 18, 2018)

The Environmental Protection Agency is planning to submit an information collection request (ICR), ``Emergency Planning and Release Notification Requirements (EPCRA sections 302, 303, and 304).'' (EPA ICR No. 1395.10, OMB Control No. 2050-0092) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. 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 December 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, Number 138 (Wednesday, July 18, 2018)]
[Notices]
[Pages 33932-33933]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15338]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-SFUND-2005-0008; FRL-9980-75-OLEM]


Proposed Information Collection Request; Comment Request; 
Emergency Planning and Release Notification Requirements (EPCRA 
Sections 302, 303, and 304); (EPA ICR No. 1395.10, OMB Control No. 
2050-0092)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency is planning to submit an 
information collection request (ICR), ``Emergency Planning and Release 
Notification Requirements (EPCRA sections 302, 303, and 304).'' (EPA 
ICR No. 1395.10, OMB Control No. 2050-0092) to the Office of Management 
and Budget (OMB) for review and approval in accordance with the 
Paperwork Reduction Act. 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 December 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 September 17, 2018.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-
SFUND-2005-0008, to (1) EPA online using www.regulations.gov (our 
preferred method), by email to [email protected] or by mail to: 
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 
1200 Pennsylvania Ave. NW, Washington, DC 20460, and (2) OMB via email 
to [email protected]. Address comments to OMB Desk Officer 
for EPA.
    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

[[Page 33933]]

information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Wendy Hoffman, Office of Emergency 
Management, Mail Code 5104A, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 
564-8794; email address: [email protected].

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 the emergency planning and emergency 
release notification requirements is Sections 302, 303, and 304 of the 
Emergency Planning and Community Right-to-Know Act (EPCRA) 1986 (42 
U.S.C. 11002, 11003, and 11004). EPCRA established broad emergency 
planning and facility reporting requirements. Section 302 requires 
facilities to notify their state emergency response commission (SERC) 
and the local emergency planning committee (LEPC) that the facility is 
subject to emergency planning. This activity was completed soon after 
the law was passed. Only new facilities that may become subject to 
these requirements must notify the SERC and the LEPC. Currently covered 
facilities are required to notify the LEPC of any changes that occur at 
the facility which would be relevant to emergency planning. Section 303 
requires the LEPC to prepare local emergency response plans for their 
planning district using the information provided by facilities under 
Section 302. LEPC may request any information from facilities necessary 
to develop emergency response plans. Emergency response plans were 
developed within a few months after the law was passed. LEPCs are 
required to review and update the plan at least annually or more 
frequently as changes occur in the community. Section 304 requires 
facilities to report to SERCs and LEPCs releases in excess of the 
reportable quantities listed for each extremely hazardous substance 
(EHS). This ICR also covers the notification and the written follow-up 
required under Section 304. The implementing regulations are codified 
in 40 CFR part 355.
    Form Numbers: None.
    Respondents/Affected Entities: Entities potentially affected by 
this action are those which have a threshold planning quantity of an 
extremely hazardous substance (EHS) listed in 40 CFR part 355, Appendix 
A and those which have a release of any of the EHSs above a reportable 
quantity. Entities more likely to be affected by this action may 
include chemical manufacturers, retailers, petroleum refineries, 
utilities, etc.
    Respondent's Obligation To Respond: Mandatory under EPCRA Sections 
302, 303 and 304.
    Estimated Number of Respondents: 108,556.
    Frequency of Response: EPCRA Section 302 reporting is a one-time 
notification unless there are changes to the reported information; 
EPCRA Section 304 notification is only when a release occurs from a 
facility.
    Total Estimated Burden: 259,456 hours (per year). Burden is defined 
at 5 CFR 1320.03(b).
    Total Estimated Cost: $10.85 million (per year), including $68,867 
annual operations and maintenance costs. There are no capital costs 
associated with this ICR.
    Changes in Estimates: The number of facilities subject to Section 
302 is 95,000, which is the same as in the previous ICR. There is an 
increase of 4,500 hours in the total estimated respondent burden 
compared with the ICR currently approved by OMB. This increase is due 
to an adjustment to the estimate, which corrected for a math error in 
the previous ICR renewal.

    Dated: June 28, 2018.
Gilberto Irizarry,
Acting Director, Office of Emergency Management.
[FR Doc. 2018-15338 Filed 7-17-18; 8:45 am]
 BILLING CODE 6560-50-P