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)

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 [email protected], 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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