Agency Information Collection Activities: Submission for OMB Review; Comment Request; Risk Management Program Requirements and Petitions To Modify the List of Regulated Substances Under Section 112(r) of the Clean Air Act (CAA)

[Federal Register Volume 64, Number 106 (Thursday, June 3, 1999)]
[Notices]
[Pages 29863-29865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14065]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6354-1]


Agency Information Collection Activities: Submission for OMB 
Review; Comment Request; Risk Management Program Requirements and 
Petitions To Modify the List of Regulated Substances Under Section 
112(r) of the Clean Air Act (CAA)

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

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that the following Information Collection Request (ICR) has been 
forwarded to the Office of Management and Budget (OMB) for review and 
approval: Risk Management Program Requirements and Petitions to Modify 
the List of Regulated Substances under section 112(r) of the Clean Air 
Act (CAA). This ICR describes the nature of the information collection 
and its expected burden and cost; where appropriate, it includes the 
actual data collection instrument. This ICR combines and renews two 
previously approved ICRs, Registration and Documentation of Risk 
Management Plans under section 112(r) of the CAA, ICR No. 1656.03 
(expires July 31, 1999, OMB Control No. 2050-0144) and Petitions to 
modify the list of regulated substances under section 112 (r) of the 
CAA, ICR No. 1606.02 (expired April 30, 1999, OMB Control No. 2050-
0127; OMB granted an extension for this ICR to 7/99).
    On February 22, 1999, OMB approved an ICR submitted for amendments 
to RMP regulations to allow for the submission of claims for 
confidential business information, ICR No. 1656.05, OMB Control No. 
2050-0144. In a separate Federal Register document, EPA is proposing to 
modify the rule listing regulated substances and threshold quantities 
of the RMP issued under section 112(r) of the CAA.

DATES: Comments must be submitted on or before July 6, 1999.

FOR FURTHER INFORMATION CONTACT: Sandy Farmer at EPA by phone at (202) 
260-2740, by email at farmer.sandy@epamail.epa.gov, or download a copy 
of the ICR off the Internet at http://www.epa.gov/icr and refer to EPA 
ICR No.1656.06

SUPPLEMENTARY INFORMATION: Title: Risk Management Program Requirements 
and Petitions to Modify the List of Regulated Substances under section 
112(r) of the Clean Air Act (CAA); EPA ICR No. 1656.06. This is a 
request for extension of a currently approved collection.
    Abstract: The 1990 CAA Amendments added section 112(r) to provide 
for the prevention and mitigation of accidental releases. Section 
112(r) mandates that EPA promulgate a list of ``regulated substances,'' 
with threshold quantities and establish procedures for the addition and 
deletion of substances from the list of ``regulated substances''. 
Processes at stationary sources that contain a threshold quantity of a 
regulated substance are subject to accidental release prevention 
regulations promulgated under CAA section 112(r)(7). These two rules 
are codified as 40 CFR part 68. Part 68 requires that sources with more 
than a threshold quantity of a regulated substance in a process develop 
and implement a risk management program and submit a risk management 
plan to EPA by June 21, 1999.
    This information collection request addresses the following 
information requirements: (1) Documenting sources' risk management 
programs and submitting a source risk management plan (RMP) under CAA 
section 112(r)(7); and (2) Collecting and submitting information to 
support petitions to modify the list of regulated substances under CAA 
section 112(r)(3).
    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. The OMB control numbers for EPA's 
regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15. The 
Federal Register document required under 5 CFR 1320.8(d), soliciting 
comments on this collection of information was published on March 3, 
1999 (64 FR 10293). EPA did not receive any comments.
    Burden Statement: This combined ICR covers the period from August 
1, 1999, through July 31, 2002. The compliance schedule for the Part 68 
requirements, established by rule on June 20, 1996, requires the 
implementation of source risk management programs and the submission of 
RMPs by June 21, 1999, for sources meeting the rule's applicability 
criteria. As a result, the burden to facilities for initial rule 
compliance, including rule familiarization and program implementation, 
is assumed to have taken place prior to the period covered by this ICR; 
these costs were accounted for in ICR 1656.03. Therefore, in this ICR, 
EPA has accounted for only ongoing program implementation costs (as 
well as rule familiarization and program implementation costs for new 
facilities that become subject to these regulations after June 1999).
    The public reporting burden will depend on the regulatory program 
tier into which sources are categorized. In this ICR, the public 
reporting burden for rule familiarization is estimated to range between 
12 to 35 hours per source. The public reporting burden to prepare and 
submit a new RMP is estimated to take 6.0 hours for retailers to 10.0 
hours for non-chemical manufacturers. RMP revisions are estimated to 
require 3 hours for wholesalers to 8.6 hours for chemical 
manufacturers. The public record keeping burden to maintain on-site 
documentation is estimated to range from 2.8 hours for retailers to 279 
hours for chemical manufacturers. The public reporting burden for CBI 
claims is estimated to be 9.5 hours for certain chemical manufacturing 
sources. The public reporting burden for individuals filing petitions 
to amend the list of regulated substances is estimated to be 138 hours. 
The total annual public reporting burden to become familiar with the 
rule, complete and submit (or revise) the risk management plan, 
maintain on-site documentation, substantiate claims for confidential 
business information, and prepare and submit petitions to amend the 
list of regulated substances is estimated to be about 463,000 hours 
over three years, or an annual burden of 154,000 hours. The burden 
estimated for 20 states that may be implementing Part 68 program, is 
56,000 hours or an annual burden of 19,000 hours. Therefore, the total 
burden for all sources and states is estimated to be 519,000 hours for 
three years, or an annual burden of 173,000.
    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; 
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: Chemical manufacturers, Petroleum 
refineries, Non-chemical manufacturers, Federal facilities, State and 
local entities, Farms, Retailers, etc.
    Estimated Number of Respondents: 69,800.
    Frequency of Response: For the period covered by this ICR, new 
sources and sources required to submit revisions to their Risk 
Management Plan (RMP) as stated in 40 CFR 68.190.
    Estimated Total Annual Hour Burden: Sources: 154,000 hours; States/
Local implementing agency 19,000 hours (estimated 20 states may be 
seeking delegation).
    Estimated Total Annualized Capital, Operating/ Maintenance Cost 
Burden: $8,800.
    Send comments on the Agency's need for this information, the 
accuracy of the provided burden estimates, and any suggested methods 
for minimizing

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respondent burden, including through the use of automated collection 
techniques to the following addresses. Please refer to EPA ICR No. 
1656.06 and OMB Control No. 2050-0144 in any correspondence.

Ms. Sandy Farmer, U.S. Environmental Protection Agency, Office of 
Policy, Regulatory Information Division (2137), 401 M Street, SW, 
Washington, DC 20460;

        and

Office of Information and Regulatory Affairs, Office of Management and 
Budget, Attention: Desk Officer for EPA, 725 17th Street, NW, 
Washington, DC 20503.

    Dated: May 27, 1999.
Richard T. Westlund,
Acting Director, Regulatory Information Division.
[FR Doc. 99-14065 Filed 6-2-99; 8:45 am]
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