[Federal Register Volume 77, Number 242 (Monday, December 17, 2012)]
[Pages 74659-74661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30359]



[EPA-HQ-OPA-2007-0584, FRL-9762-8]

Agency Information Collection Activities; Proposed Collection; 
Comment Request; Oil Pollution Prevention; Spill Prevention, Control, 
and Countermeasure (SPCC) Plans

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.


SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), this document announces that EPA is planning to 
submit a request to renew an existing approved Information Collection 
Request (ICR) to the Office of Management and Budget (OMB). This ICR, 
identified as Renewal EPA IRC 0328.16 and OMB Control No. 2050-0021, is 
scheduled to expire on June 30, 2013. 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 February 15, 2013.

ADDRESSES: Submit your comments, indentified by Docket ID No. EPA-HQ- 
OPA-2007-0584, to EPA, by one of the following methods:
    (1) http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    (2) Email: [email protected], Attention Docket ID No, EPA-HQ-OPA-
    (3) Fax: 202-566-9744, Attention Docket ID No. EPA-HQ-OPA-2007-0584
    (4) Mail: EPA Docket Center, (EPA/DC), Docket ID No. EPA-HQ-OPA-
2007-0584, Mail Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 
    (5) Hand Delivery: EPA Docket Center, (EPA/DC), EPA West, Room 
3334, 1301 Constitution Ave. NW., Washington, DC 20460. Attention 
Docket ID No. EPA-HQ-OPA-2007-0584. Such deliveries are only accepted 
during the Docket's normal hours of operation, and special arrangements 
should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OPA-
2007-0584. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: George W. Denning, Office of Emergency 
Management, Mail Code 5104A, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202) 
564-2404; fax number: (202) 564-2625; email address: 
[email protected].


How can I access the docket and/or submit comments?

    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-OPA-2007-0584, which is available for online viewing at 
www.regulations.gov, or in person viewing at the EPA Docket Center, 
EPA/DC, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, 
DC. The EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., 
Monday through Friday, excluding legal holidays. The telephone number 
for the Reading Room is (202) 566-1744, and the telephone number to 
make an appointment to view the docket is (202) 566-0276.
    Use www.regulations.gov to obtain a copy of the draft collection of 
information, submit or view public comments, access the index listing 
of the contents of the docket, and to access those documents in the 
public docket that are available electronically. Once in the system, 
select ``search,'' then key in the docket ID number identified in this 

 What information is EPA particularly interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically 
solicits comments and information to enable it to:
    (i) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the Agency, 

[[Page 74660]]

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. In particular, EPA is requesting comments from 
very small businesses (those that employ less than 25) on examples of 
specific additional efforts that EPA could make to reduce the paperwork 
burden for very small businesses affected by this collection.

What should I consider when I prepare my comments for EPA?

    You may find the following suggestions helpful for preparing your 
    1. Explain your views as clearly as possible and provide specific 
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified 
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

What information collection activity or ICR does this apply to?

Docket ID No: EPA-HQ-OPA-2007-0584

    Affected entities: Entities potentially affected by this action are 
the owners or operators of facilities that are required to have a Spill 
Prevention, Control, and Countermeasure (SPCC) Plan under the Oil 
Pollution Prevention regulation (40 CFR Part 112). The applicability, 
definitions, and general requirements for all facilities and all types 
of oil are located in part 112.1 of the regulations and apply to any 
owner or operator of a non-transportation-related onshore or offshore 
facility engaged in drilling, producing, gathering, storing, 
processing, refining, transferring, distributing, using or consuming 
oil and oil products, which due to its location, could reasonably be 
expected to discharge oil into navigable waters or adjoining shorelines 
in quantities that may be harmful. (See 40 CFR 112.1(a) through (d) for 
further information about the applicability of the oil pollution 
prevention regulations.)
    The private industry sectors subject to this action include, but 
are not limited, to: (1) Oil and Gas Extraction (NAICS 211); (2) Farms 
(NAICS 111, 112); (3) Electric Utility Plants (NAICS 2211); (4) 
Petroleum Refining and Related Industries (NAICS 324); (5) Chemical 
Manufacturing (NAICS 331, 332); (9) Other Manufacturing (NAICS 31-33); 
(10) Real Estate Rental and Leasing (NAICS 531, 533); (11) Retail Trade 
(NAICS 441-446, 448,451-454); (12) Contract Construction (NAICS 23); 
(13) Wholesale Trade (NAICS 42); (14) Other Commercial (NAICS 492, 541, 
551, 561-562); (15) Transportation (NAICS 481-488); (16) Arts, 
Entertainment, and Recreation (NAICS 711-713); (17) Other Services 
(Except Public Administration) (NAICS 811-813); (18) Education (NAICS 
611); (19) Petroleum Bulk Stations and Terminals (NAICS 4247); (19) 
Fuel Oil Dealers (NAICS 45431); (20) Hospitals & Other Health Care 
(NAICS 621-624); (21) Accommodation and Food Services (NAICS 721,722); 
(22) Fuel Oil Dealers (NAICS 45431); (23) Gasoline Stations (NAICS 
4471); (24) Information Finance and Insurance (NAICS 51, 52); (25) 
Mining (NAICS 212, 213); (26) Warehousing and Storage (NAICS 493); (27) 
Pipelines (NAICS 4861, 48691); (28) Government (NAICS 92); (29) 
Military Installations (NAICS 928110); and (30) Religious Organizations 
(NAICS 813110).
    Title: Spill Prevention, Control, and Countermeasure (SPCC) Plans.
    ICR number: EPA ICR Number 0328.16; OMB Control Number 2050-0021.
    ICR status: This ICR is currently scheduled to expire on June 30, 
2013. 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 in title 40 of the CFR, after appearing in the Federal 
Register when approved, are listed in 40 CFR Part 9, are displayed 
either by publication in the Federal Register or by other appropriate 
means, such as on the related collection instrument or form, if 
applicable. The display of OMB control numbers in certain EPA 
regulations is consolidated in 40 CFR Part 9.
    Abstract: The authority for EPA's oil pollution prevention 
requirements is derived from section 311(j)(1)(C) of the Clean Water 
Act, as amended by the Oil Pollution Act of 1990. EPA's regulation is 
codified at 40 CFR 112. An SPCC Plan will help an owner or operator 
identify the necessary procedures, equipment and resources to respond 
to prevent an oil spill and to respond to an oil spill in a timely 
manner. If implemented effectively, the SPCC Plan is expected to 
prevent oil spills and reduce the impact and severity of oil spills. 
Although the owner or operator is the primary data user, EPA may also 
require the owner or operator to submit data to the Agency in certain 
situations to ensure facilities comply with the SPCC regulation and to 
help allocate response resources. State and local governments may use 
the data, which are not generally available elsewhere and can assist 
local emergency preparedness planning efforts. EPA does not require an 
owner or operator to submit SPCC Plans, but may request the SPCC Plan 
during a facility inspection or an oil spill incident for review. The 
SPCC regulation requires the owner or operator maintain a complete copy 
of the Plan at the facility if the facility is normally attended at 
least fours hours per day or at the nearest field office if the 
facility is not so attended. The rule also requires that the Plan be 
available to the Regional Administrator for on-site review during 
normal working hours (40 CFR Part 112.3(e)).
    SPCC Plan Preparation. Under section 112.3(a) or (b), the owner or 
operator or onshore or offshore facility subject to this section must 
prepare in writing and implement an SPCC Plan in accordance with 
section 112.7 and any other applicable sections in the regulation. Part 
112.7 requires that the Plan be prepared in accordance with good 
engineering practices. The section also requires the Plan have the full 
approval of management at a level of authority to commit the necessary 
resources to fully implement the Plan. Specific provisions in this 
section, among others, require the owner or operator to predict the 
direction, rate of flow and total quantity of oil which could be 
discharged from the facility as result of each type of major equipment 
failure (Sec.  112.7(b)); provide for appropriate containment and/or 
diversionary structures or equipment to prevent a discharge (Sec.  
112.7(c)); provide for PE certification or a qualified facility 
certification (Sec.  112.7(d)); and conduct inspections

[[Page 74661]]

and tests and maintain records (Sec.  112.7(e)).
    Plan Certification. Under section 112.3(d), a SPCC Plan must, 
except as provided by 40 CFR Part 112.6 Qualified Facilities Plan 
Requirements, be reviewed and certified by a licensed Professional 
Engineer (PE) for it to be effective to satisfy the requirements. Under 
section 112.6, the owner or operator of a qualified facility may self 
certify the Plan if the facility meets the eligibility criteria in 
section 112.3(g).
    SPCC Plan Maintenance. Under section 112.5, the owner or operator 
must complete a review and evaluation of the SPCC Plan at least once 
every five years from the date the facility becomes subject to part 
112, or if the facility was in operation on or before August 16, 2002, 
five years from the date the last review. As a result of this review 
and evaluation, the owner or operator must amend the Plan within six 
months of the review to include more effective prevention and control 
technology if the technology has been field-proven at the time of the 
review and will significantly reduce the likelihood of a discharge of 
    Recordkeeping. Under section 112.7(e), an owner or operator must 
conduct inspections, tests, and maintain records. The inspections and 
tests must be conducted in accordance with written procedures the 
facility or the certifying engineer developed for the facility. The 
written procedures and a record of the inspections and tests must be 
signed by the appropriate supervisor or inspector and kept with the 
SPCC Plan for a period of three years. Records of inspections and tests 
may be kept under usual and customary business practices.
    Number of Regulated Facilities. At the time OMB approved the 
current ICR (June 15, 2010), EPA estimated that there were 
approximately 640,000 SPCC regulated facilities in 2010. The largest 
sectors in 2010 were oil and gas production with 215,000 affected 
facilities and farms with 149,000 affected facilities. As part of the 
regulatory impact analysis for the 2008 and 2009 SPCC amendments, EPA 
analyzed the growth rates for each industrial sector covered by the 
regulations. For this ICR, EPA applied those growth rates for the next 
ICR period. For some sectors, the growth rate for the number of 
facilities was negative: for example, the farm sector experienced a 
reduction in affected facilities. For other sectors such as oil and gas 
production sector, the growth rate for the number of affected 
facilities increased. For the growth rates for all sectors, EPA 
estimates there would be approximately 657,000 SPCC regulated 
facilities in 2014 up from 640,000 in 2010; approximately 670,000 SPCC 
regulated facilities in 2015; and approximately 683,000 facilities in 
    Burden Statement: The average annual reporting and recordkeeping 
burden for this collection of information on a newly regulated facility 
for which a SPCC Plan is required (i.e., first-year costs for plan 
development) is estimated to be approximately 58 hours per year. The 
average annual reporting and recordkeeping burden on a regulated 
facility for which the owner or operator is maintaining an SPCC Plan is 
estimated at approximately 11 hours per year. 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 which have subsequently 
changed; 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 supporting statement provides a detailed explanation of the 
Agency's estimate, which is only briefly summarized here:
    Estimated total number of potential respondents: 663,000.
    Frequency of response: Less than once per year.
    Estimated total annual burden hours: 8,700,000 hours.
    Estimated total annual costs: $987,000,000, which includes 
$183,000,000 annualized capital and operation and maintenance (O&M) 

Are there changes in the estimates from the last approval?

    EPA estimates no substantive change in the total estimated 
respondent burden compared with that identified in the ICR currently 
approved by OMB. This conclusion is based on EPA's current estimate of 
facilities that have written and are maintaining an SPCC Plan in 
compliance with 40 CFR Part 112. EPA amended the SPCC regulation to 
exempt milk and milk product containers since the last ICR renewal that 
results in a small reduction in the number regulated facilities and 
savings in terms of total labor hours and total cost burden. The agency 
also extended the compliance date for farms, but that regulatory action 
does not affect the number of facilities, labor hours and cost burden.

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. At that time, 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 the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: December 11, 2012.
Dana S. Tulis,
Acting Director, Office of Emergency Management.
[FR Doc. 2012-30359 Filed 12-14-12; 8:45 am]