[Federal Register: March 27, 1998 (Volume 63, Number 59)]
[Notices]               
[Page 14919-14920]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27mr98-70]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5987-7]

 
Agency Information Collection Activities: Submission for OMB 
Review; Comment Request; Spill Prevention, Control and Countermeasure 
Plans

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 that the following Information 
Collection Request (ICR) has been forwarded to the Office of Management 
and Budget (OMB) for review and approval: Spill Prevention, Control and 
Countermeasure Plans, OMB Control No. 2050-0021; expiring 5/31/98). The 
ICR describes the nature of the information collection and its expected 
burden and cost; where appropriate, it includes the actual data 
collection instrument.

DATES: Comments must be submitted on or before April 27, 1998.

FOR FURTHER INFORMATION CONTACT: Contact Sandy Farmer at EPA by phone 
at (202) 260-2740, by e-mail at farmer.sandy@epamail.epa.gov, or 
download off the Internet at http://www.epa.gov/icr and refer to EPA 
ICR No. 0328.07.

SUPPLEMENTARY INFORMATION:
    Title: ``Spill Prevention, Control and Countermeasure Plans'' (OMB 
Control No. 2050-0021; EPA ICR No. 328.07) expiring 5/31/98. This ICR 
requests an extension of a currently approved collection.
    Abstract: Under section 311 of the Clean Water Act, EPA's Oil 
Pollution Prevention regulation (40 CFR part 112) requires facility 
owners or operators to prepare and implement SPCC Plans and keep 
certain records. Preparation of the SPCC Plan requires that a facility 
owner or operator analyze how to prevent oil discharges, thereby 
promoting appropriate facility design and operations. The information 
in the SPCC Plan also promotes efficient response in the event of a 
discharge. Finally, proper maintenance of the SPCC Plan promotes 
important spill-reducing measures, facilitates leak detection, and 
generally ensures that the facility deters discharges at its peak 
capability. All of the SPCC Plan recordkeeping activities are 
mandatory. The specific activities and reasons and uses for the 
information collection are described below.

[[Page 14920]]

    Recordkeeping Activities: Under section 112.3, a facility owner or 
operator must prepare a written SPCC Plan, maintain it at or near the 
facility, and have it certified by a Registered Professional Engineer 
(PE). Under section 112.5 the SPCC Plan must be amended (i) whenever 
there is a facility change that materially affects the potential to 
discharge oil, and (ii) to include more effective prevention and 
control technology identified in the owner or operator's triennial Plan 
review. If amended, the Plan must also be certified by a PE. Under 
section 112.4, in the event of certain oil discharges, facility owners 
or operators must submit the SPCC Plan and other information to the EPA 
Regional Administrator and the appropriate state water pollution 
control agency within 60 days. Upon review, the Regional Administrator 
may require amendment of the SPCC Plan. Again, the amended Plan must be 
certified by a PE. Under section 112.3, the owner or operator must 
maintain (and update) records of specific inspections as outlined under 
section 112.7(e).
    On December 2, 1997, at 62 FR 63812, EPA published proposed 
revisions to the SPCC rule (40 CFR part 112). The proposed revisions 
were designed to reduce the information collection burden of the SPCC 
rule. The comment period for the proposal closed on February 2, 1998. 
EPA is now reviewing the comments received. EPA will also review the 
comments received pursuant to proposals to modify the SPCC rule in 1991 
and 1993 (see 56 FR 54612, October 22, 1991; and 58 FR 8824, February 
17, 1993) and craft a single final rule embodying the 1991, 1993, and 
1997 proposals. The final rule should be published in 1999.
    Purpose of Data Collection: Facility owners or operators are the 
primary users of SPCC Plans and related data. EPA does not collect the 
Plan or related records on a routine basis. Facilities that prepare, 
implement, and maintain an SPCC Plan improve their ability to prevent 
oil discharges, and mitigate the environmental damage caused by such 
discharges. As facility owners or operators accumulate the data, they 
necessarily analyze the facility's capability to prevent oil 
discharges, facilitate safety awareness, and promote the use of 
appropriate design and operational standards that reduce the likelihood 
of an oil discharge. The Plan information can also help the facility 
respond efficiently in the event of a discharge. Inspection records 
help facility owners and operators to promote important operation and 
maintenance, and demonstrate compliance with SPCC requirements.
    EPA also uses the SPCC data in certain situations. EPA primarily 
uses SPCC Plan data to verify that facilities comply with the 
regulation and implement their Plan, including design and operation 
specifications and inspection requirements. EPA reviews SPCC Plans; (1) 
when facilities submit the Plans because of oil discharges, and (2) as 
part of EPA's inspection program. State and local governments may also 
use the data, which is not necessarily available elsewhere and can 
greatly assist local emergency preparedness planning efforts.
    An Agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a current 
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 
Notice required under 5 CFR 1320.8(d), soliciting comments on this 
collection of information was published on December 18, 1997 (62 FR 
66360); EPA received five comment letters.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 39.9 
hours per newly regulated facility and 5.4 hours per already regulated 
facility. 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 to 
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: Non-transportation facilities with 
the potential to discharge oil to navigable waters.
    Estimated number of respondents: 455,472.
    Frequency of response: One-time plan, occasional records/reports.
    Estimated total annual hour burden: 2.62 million hours.
    Estimated total annualized cost burden: $79.3 million.
    Send comments on the Agency's need for this information, the 
accuracy of the provided burden estimates, and any suggested methods 
for minimizing respondent burden, including through the use of 
automated collection techniques to the following addresses. Please 
refer to EPA ICR No. 328.07 and OMB Control No. 2050-0021 in any 
correspondence.

Ms. Sandy Farmer, U.S. Environmental Protection Agency, OPPE Regulatory 
Information Division (2137), 401 M St., SW., Washington, DC 20460;
    and
Office of Information and Regulatory Affairs, Office of Management and 
Budget, Attention: Desk Officer for EPA, 725--17th St., NW., 
Washington, DC 20503.

    Dated: March 23, 1998.
Joseph Retzer,
Director, Regulatory Information Division.
[FR Doc. 98-8053 Filed 3-26-98; 8:45 am]
BILLING CODE 6560-50-P