Agency Information Collection Activities: Proposed Collection; 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-6306-6]

Agency Information Collection Activities: Proposed Collection;

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.

-----------------------------------------------------------------------

SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501

et seq.), this notice announces that EPA is planning to submit the

following proposed Information Collection Request (ICR) to the Office

of Management and Budget (OMB). 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 7/31/99, 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 (expires 4/30/99, OMB Control No. 2050-0127). On February

22, 1999, OMB approved an ICR submitted for amendments to RMP

regulations, ICR No. 1656.05, (expires 7/31/99, OMB Control No. 2050-

0144). This combined ICR is now titled: Risk Management Program

Requirements and Petitions to modify the list of regulated substances

under section 112(r) of the Clean Air Act, ICR No. 1656.06. Before

submitting the ICR to OMB for review and approval, EPA is soliciting

comments on specific aspects of the proposed information collection as

described below.

DATES: Comments must be submitted on or before May 3, 1999.

ADDRESSES: Chemical Emergency Preparedness and Prevention Office,

Mailcode 5104, U.S. EPA, 401 M Street SW, Washington DC 20460.

Interested persons may obtain a copy of the ICR without charge by

contacting the person in FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Sicy Jacob, 202-260-7249, fax no. 202-

260-0927, or e-mail: Jacob.S[email protected].

SUPPLEMENTARY INFORMATION:

Affected entities: Entities potentially affected by this action are

those stationary sources that have more than a threshold quantity of a

regulated substance in a process. Entities more likely to be affected

by this action may include chemical and non-chemical manufacturers,

petroleum refineries, utilities, federal sources, etc.

Title: Registration and Documentation of Risk Management Plans

under section 112(r) of the CAA, ICR No. 1656.03 (expires 7/31/99, 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 (expires 4/

30/99, OMB Control No. 2050-0127)

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 by June 21, 1999 to a location specified by EPA. This information

collection request (ICR) combines and renews two previously approved

ICRs, OMB No. 2050-0144 approved through July 31, 1999 (EPA ICR No.

1656.03) and OMB No. 2050-0127 approved through April 30, 1999 (EPA ICR

No. 1606.02).

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 EPA would like to solicit comments to:

(i) Evaluate whether the proposed collection of information is

necessary for the proper performance of the functions of the agency,

including whether the information will have practical utility;

(ii) Evaluate the accuracy of the agency's estimate of the burden

of the proposed collection of information, including the validity of

the methodology and assumptions used;

(iii) Enhance the quality, utility, and clarity of the information

to be collected; and

(iv) Minimize the burden of the collection of information on those

who are to respond, including through the use of appropriate automated

electronic, mechanical, or other technological collection techniques or

other forms of information technology, e.g., permitting electronic

submission of responses.

Burden Statement: The public reporting burden will depend on the

regulatory program tier into which sources are categorized. In this

ICR, EPA estimates that only certain entities will be newly subject to

the RMP during the three years covered by this ICR. For these newly

affected sources, 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.

For those sources that are already covered by RMP and have submitted

their RMP will only have burden for on-site documentation and/or

revisions to their RMP. For these sources, the public reporting burden

for 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

[[Page 10294]]

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 460,000 hours over three years, or an annual burden of 150,000

hours.

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.

Dated: February 25, 1999.

James L. Makris,

Director, Chemical Emergency Preparedness and Prevention Office.

[FR Doc. 99-5239 Filed 3-2-99; 8:45 am]

BILLING CODE 6560-50-P