83 FR 42889 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Oil Pollution Act Facility Response Plan Requirements (Renewal)

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 165 (August 24, 2018)

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Oil Pollution Act Facility Response Plans (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. This is a proposed extension of the ICR, which is currently approved through August 31, 2018. Public comments were previously requested via the Federal Register on March 21, 2018 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. 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 165 (Friday, August 24, 2018)]
[Notices]
[Pages 42889-42890]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18340]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OLEM-2018-0105; FRL-9982-63-OEI]


Information Collection Request Submitted to OMB for Review and 
Approval; Comment Request; 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) has submitted an 
information collection request (ICR), Oil Pollution Act Facility 
Response Plans (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. This is a proposed 
extension of the ICR, which is currently approved through August 31, 
2018. Public comments were previously requested via the Federal 
Register on March 21, 2018 during a 60-day comment period. This notice 
allows for an additional 30 days for public comments. A fuller 
description of the ICR is given below, including its estimated burden 
and cost to the public. 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: Additional comments may be submitted on or before September 24, 
2018.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OLEM-
2018-0105 to (1) EPA online using www.regulations.gov (our preferred 
method) 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 
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Troy Swackhammer, Office of Land and 
Emergency Management, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW, Washington, DC 20460; telephone number: 202-564-
1966; 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.
    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. 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 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. None of the 
information collected under the FRP rule is believed to be 
confidential. The EPA has provided no assurances of confidentiality to 
facility owners or operators when they file their FRPs.
    Form Numbers: None.

[[Page 42890]]

    Respondents/affected entities: 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.
    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: 382,682 hours (per year). Burden is defined 
at 5 CFR 1320.03(b).
    Total estimated costs: $16,205,238 (per year), which includes 
$3,355 annualized capital or operation & maintenance costs.
    Changes in Estimates: There is a decrease of 73,061 hours in the 
total estimated respondent burden 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. EPA has not amended the FRP regulation since the last ICR 
renewal that would affect the per-facility burden.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2018-18340 Filed 8-23-18; 8:45 am]
 BILLING CODE 6560-50-P