Terms of the
previous clearance remain in effect. OMB is withholding approval at
this time. Prior to publication of the final rule, the agency
should provide a summary of any comments related to the information
collection and their response, including any changes made to the
ICR as a result of comments. In addition, the agency must enter the
correct burden estimates. This action has no effect on any current
approvals.
Inventory as of this Action
Requested
Previously Approved
12/31/2009
12/31/2009
06/30/2010
446,145
0
446,145
2,191,068
0
2,191,068
35,752,645
0
35,752,645
The Oil Pollution Prevention
regulation at 40 CFR part 112 requires and establishes procedures
for the preparation and implementation of Spill Prevention,
Control, and Countermeasure (SPCC) Plans. SPCC Plans help minimize
the potential for oil discharges by non-transportation-related
onshore and offshore facilities into or upon the navigable waters
of the United States or adjoining shorelines or from affecting
certain natural resources. Owners and operators of regulated
facilities must prepare SPCC Plans in accordance with good
engineering practices and have them approved by a person with the
authority to commit the resources necessary to implement the SPCC
Plan. SPCC Plans address the following three areas: (1) operating
procedures that prevent oil spills; (2) control measures installed
to prevent a spill from reaching navigable waters or adjoining
shorelines; and (3) countermeasures to contain, clean up, and
mitigate the effects of an oil discharge that could reach navigable
waters. EPA is proposing to amend the SPCC Plan requirements to
reduce the regulatory burden in eleven ways: (1) exempt hot-mix
asphalt; (2) exempt pesticide application equipment and related mix
containers used at farms; (3) exempt heating oil containers at a
single-family residence; (4) amend the definition of "facility" to
clarify the flexibility associated with defining a facility's
boundaries; (5) amend the facility diagram requirement to provide
additional flexibility for all facilities; (6) define
"loading/unloading rack" to clarify the equipment subject to the
provisions for facility tank car and tank truck loading/unloading
racks; (7) provide streamlined requirements for a subset of
qualified facilities; (8) amend the security requirements for all
facilities; (9) amend the integrity testing requirements to allow a
greater amount of flexibility in the use of industry standards at
all facilities; (10) amend the integrity testing requirements for
containers that store animal fats or vegetable oils and meet
certain criteria; and (11) streamline a number of requirements at
oil production facilities. EPA is also providing clarification to
this proposed rule on additional issues raised by the regulated
community, including the consideration of man-made structures in
determining how to comply with the SPCC rule requirements; the
applicability of the rule to underground emergency diesel generator
tanks at nuclear power stations, and the applicability of the rule
to wind turbines that are used to produce electricity. Differences
in burden and costs from the previous ICR are attributed to both
adjustments and program changes. Adjustments capture updates to the
number of affected facilities, wages, and unit costs in the absence
of the proposed amendments. Program changes reflect the proposed
revisions to the SPCC rule, which affect both per-facility costs
and the number of affected facilities. The Agency estimates that as
a result of the proposed amendments to clarify and streamline
certain SPCC requirements, the reporting and recordkeeping burden
would decrease by 1.4 million hours. In total, the burden hours
presented in this ICR would increase relative to the current OMB
inventory. The new burden estimate shows a net annualized increase
of approximately 2.9 million hours. An estimated increase in total
burden hours of 4.3 million is primarily attributed to two major
factors: a larger number of facilities expected to incur
paperwork-related costs and the revisions made to the estimates for
burden hours used in the analysis. The Agency estimates that the
proposed amendments will reduce capital and O&M costs by
approximately $43 million. The net effect on annualized capital and
O&M costs to regulated facilities is estimated at $119 million,
mainly due to a larger number of facilities expected to incur
paperwork-related costs and the revisions made to the estimates of
the per-facility capital and O&M costs.
The Agency estimates that as a
result of the proposed amendments to clarify and streamline certain
SPCC requirements, the reporting and recordkeeping burden would
decrease by 1.4 million hours. In total, the burden hours presented
in this ICR would increase relative to the current OMB inventory.
The new burden estimate shows a net annualized increase of
approximately 2.9 million hours. An estimated increase in total
burden hours of 4.3 million is primarily attributed to two major
factors: a larger number of facilities expected to incur
paperwork-related costs and the revisions made to the estimates for
burden hours used in the analysis. The Agency estimates that the
proposed amendments will reduce capital and O&M costs by
approximately $43 million. The net effect on annualized capital and
O&M costs to regulated facilities is estimated at $119 million,
mainly due to a larger number of facilities expected to incur
paperwork-related costs and the revisions made to the estimates of
the per-facility capital and O&M costs.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
0328ss14.doc
Spill Prevention, Control and Countermeasure (SPCC) Plans - State, Local or Tribal Governments