Federal Register: March 28, 2001 (Volume 66, Number 60)
DOCID: FR Doc 01-7637
ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
FRL ID: [FRL-6959-9]
ACTION: Agency information collection activities:
DOCUMENT ACTION: Notice.
Continuous Release Reporting Regulations (CRRR) under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA); Request for Comment on Renewal Information Collection
DATES: Comments must be submitted on or before May 29, 2001.
In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit the following continuing Information Collection Request (ICR) to the Office of Management and Budget (OMB): Continuous Release Reporting Regulations (CRRR) under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (EPA ICR No. 1445.05, OMB No. 20500086). This is a request to renew an existing ICR that is currently approved. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the collection.
Proposed collection; comment request,
I. Does This Notice Apply to Me?
You may be affected by this notice if you are the person in charge
of a facility that releases hazardous substances into the environment
as specified in section 103(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended.
According to section 103(a) of CERCLA, if the facility you are in
charge of releases an amount of hazardous substance that equals or
exceeds its reportable quantity (RQ) and the release is not Federally
permitted, you are required to notify the National Response Center
(NRC) of the release immediately. However, according to section
103(f)(2) of CERCLA, if the release at the facility you are in charge
of is ``continuous,'' and ``stable in quantity and rate,'' you may be
exempted from the peroccurrence notification requirements of section
103(a) of CERCLA. To determine if the facility you are in charge of is
affected by this action, you should carefully examine the applicability
provisions in the Continuing Release Reporting Regulations (CRRR) (40 CFR 302.8).
II. How Can I Get Additional Information or Copies of This Document or Other Support Documents?
A. By Phone, Fax, or Internet
If you have any questions or need additional information about this
notice or the information collection request (ICR) referenced, please contact Lynn Beasley, (703) 6039086. Facsimile
number: (703) 6039104. Electronic address: email@example.com. B. In Person
The official record for this notice, including the public version, and the referenced ICR have been established under docket control number 102RQCR2 (including comments and data submitted electronically, as described below). A public version of this record, including printed, paper versions of any electronic comments, which does not include any information claimed as Confidential Business Information (CBI), and the referenced ICR are available for inspection in the U.S. Environmental Protection Agency Superfund Docket Office, Crystal Gateway I, First Floor, 1235 Jefferson Davis Highway, Arlington, VA. The Superfund Docket is open from 9 AM to 4 PM, Monday through Friday, excluding legal holidays. The telephone number of the Superfund Docket is (703) 6039232.
C. By Internet
The referenced draft ICR and draft Paperwork Reduction Act
Submission Form (OMB83I) are available on the Internet at the
following addresses: http://www.epa.gov/superfund/resources/rq/
icr01d1.pdf, and http://www.epa/gov/superfund/resources/rq/omb83cd1.pdf
or see the ``Renewal Information Collection Requests (ICRs)'' page for
Reportable Quantities at: http://www.epa.gov/superfund/resources/rq/ icr.htm.
III. How Can I Respond to This Notice?
A. How and to Whom Do I Submit the Comments?
You may submit comments through the mail, in person, or electronically. Be sure to identify the docket control number 102RQCR2 on any correspondence.
1. By mail. Submit written comments to: Docket Coordinator, Superfund Docket Office, Mail Code 5201G, U.S. Environmental Protection Agency Headquarters, Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
2. In person or by courier. Deliver written comments to: U.S. Environmental Protection Agency Superfund Docket Office, Crystal Gateway I, First Floor, 1235 Jefferson Davis Highway, Arlington, VA. Telephone: (703) 6039232.
3. Electronically. Submit your comments and/or data electronically
by email to: firstname.lastname@example.org. Please note that you should not
submit any information electronically that you consider to be CBI.
Electronic comments must be submitted as an ASCII file avoiding the use
of special characters and any form of encryption. Comment and data will
also be accepted on standard computer disks in WordPerfect 6/7/8 or
ASCII file format. All comments and data in electronic form must be
identified by the docket control number 102RQCR2. Electronic comments
on this notice may also be filed online at many Federal Depository Libraries.
B. How Should I Handle CBI Information That I Want to Submit to EPA?
You may claim information that you submit in response to this notice as CBI by marking any part or all of that information as CBI. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. A copy of the comment that does not contain CBI must also be submitted for inclusion in the public record. Information not marked confidential will be included in the public docket by EPA without prior notice. If you have any questions about CBI or the procedures for claiming CBI, please consult with Lynn Beasley, (703) 6039086. Facsimile number: (703) 6039104. Electronic address: email@example.com. C. What Information is EPA Particularly Interested in?
Pursuant to section 3506(c)(2)(a) of the Paperwork Reduction Act (PRA), EPA specifically solicits comments and information to enable it to:
1. Evaluate whether the proposed collections of information are necessary for the proper performance of the functions of EPA, including whether the information will have practical utility.
2. Evaluate the accuracy of EPA's estimates of the burdens of the proposed collections of information.
3. Enhance the quality, utility, and clarity of the information to be collected.
4. Minimize the burden of the collections of information on those who are to respond, including through the use of appropriate automated or electronic collection technologies or other forms of information technology, e.g., permitting electronic submission of responses. D. What Should I Consider When I Prepare My Comments for EPA?
EPA invites you to provide your views on the various options EPA
proposes, new approaches EPA hasn't considered, the potential impacts
of the various options (including possible unintended consequences),
and any data or information that you would like EPA to consider during
the development of the final action. You may find the following suggestions helpful for preparing your comments:
IV. To What Information Collection Activity or ICR Does This Notice Apply?
EPA is seeking comments on the following ICR:
Title: Continuous Release Reporting Regulations (CRRR) under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA).
ICR numbers: EPA ICR No. 1445.05, OMB No. 20500086.
ICR status: The expiration date for this ICR was extended and is currently scheduled to expire on March 31, 2001. 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 information collections appear on the collection instruments or instructions, in the Federal Register notices for related rulemakings and ICR notices, and, if the collection is contained in a regulation, in a table of OMB approval numbers in 40 CFR part 9.
Abstract: Section 103(a) of CERCLA, as amended, requires the person
in charge of a facility to immediately notify the NRC of a hazardous
substance release into the environment if the amount of the release
equals or exceeds the substance's RQ. The RQ of every hazardous substance can be found in
Table 302.4 of 40 CFR 302.4. Section 103(f)(2) of CERCLA provides facilities relief from this peroccurrence notification requirement if the hazardous substance release at or above the RQ is continuous and stable in quantity and rate. Under the CRRR, to report such a release as a continuous release you must make an initial telephone call to the NRC, an initial written report to the EPA Region, and, if the source and chemical composition of the continuous release does not change and the level of the continuous release does not significantly increase, a followup written report to the EPA Region one year after submission of the initial written report. If the source or chemical composition of the previously reported continuous release changes, notifying the NRC and EPA Region of a change in the source or composition of the release is required. Further, a significant increase in the level of the previously reported continuous release must be reported immediately to the NRC according to section 103(a) of CERCLA. Finally, any change in information submitted in support of a continuous release notification must be reported to the EPA Region.
The reporting of a hazardous substance release that is equal to or above the substance's RQ allows the Federal government to determine whether a Federal response action is required to control or mitigate any potential adverse effects to public health or welfare or the environment.
The continuous release of hazardous substance information collected under CERCLA section 103(f)(2) is also available to EPA program offices and other Federal agencies who use the information to evaluate the potential need for additional regulations, new permitting requirements for specific substances or sources, or improved emergency response planning. State and local government authorities and facilities subject to the CRRR use release information for purposes of local emergency response planning. Members of the public, who have access to release information through the Freedom of Information Act, may request release information for purposes of maintaining an awareness of what types of releases are occurring in different localities and what actions, if any, are being taken to protect public health and welfare and the environment.
V. What are EPA's Burden and Cost Estimates for This ICR?
Under the PRA, ``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. For this collection, it includes the time needed to review instructions; develop, acquire, install, and use 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.
The ICR provides a detailed explanation of this estimate, which is only briefly summarized in this notice. The annual public burden for this collection of information is estimated to average 92 hours per affected facility. The following is a summary of the estimates taken from the ICR:
Respondents/affected entities: Entities potentially affected by this action are facilities that manufacture, process, or otherwise use certain specified hazardous substances.
Estimated total number of facilities that will have to report continuous hazardous substance releases per year: 2,712.
Frequency of response: After reporting the continuous release to the NRC and EPA Region initially, only an annual report to the EPA Region is necessary unless there is a change in the source of the continuous release, a change in the chemical composition of the continuous release, or a significant increase in the level of the continuous release. In these cases the person in charge of the facility has to notify the NRC and the appropriate EPA Regional Office of the change in the continuous release.
Estimated total annual burden hours (averaged over 3 years): 249,451 hours.
Estimated total annual burden costs (averaged over 3 years): $11,277,827.
VI. Are There Changes in the Estimates from the Last Approval?
In the renewal ICR, EPA will review the current burden and cost statement and adjust it accordingly. EPA does expect the burden and cost statement in the renewal ICR to be greater than the burden and cost statement in the current ICR. This increase may be due to an historical growth rate of about 7.5 percent per year in the number of reporting facilities; however, EPA continues to consider data that may reflect a greater growth rate than the 7.5 percent assumption in the background document. Specifically, EPA is considering data from the National Response Center's data base that shows a significant increase in reporting in fiscal year 2000 (10/01/9909/30/00). A summary table is available from the docket for this Information Collection Request or on the internet at the following address: http://www.epa.gov/superfund/ resources/rq/nrc01data.pdf.
VII. What is the Next Step in the Process for This ICR?
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 pursuant to 5 CFR 1320.12. EPA will issue another
Federal Register notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce
the submission of the ICR to OMB and the opportunity to submit
additional comments to OMB. If you have any questions about this ICR or
the approval process, please contact Lynn Beasley, (703) 6039086. Facsimile number: (703) 6039104. Electronic address:
Dated: March 20, 2001.
Elaine F. Davies,
Acting Director, Office of Emergency and Remedial Response. [FR Doc. 017637 Filed 32701; 8:45 am] BILLING CODE 656050P
FOR FURTHER INFORMATION CONTACT
Lynn Beasley, (703) 603-9086. Facsimile number: (703) 6039104. Electronic address:
firstname.lastname@example.org. Comments should not be submitted to this contact person.