Oil Pollution Prevention; Spill Prevention, Control, and Countermeasure Rule Requirements - Amendments (Final Rule)

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
0328ss15.doc	Supporting Statement A	Uploaded 2009-11-23	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
45730	Spill Prevention, Control and Countermeasure (SPCC) Plans - State, Local or Tribal Governments		Modified
23785	Spill Prevention, Control and Countermeasure (SPCC) Plans - Private Sector Entities		Modified

ICR Details

OMB Control No: 2050-0021	ICR Reference No: 200911-2050-002
Status: Historical Active	Previous ICR Reference No: 200610-2050-002
Agency/Subagency: EPA/OLEM	Agency Tracking No: 0328.15
Title: Oil Pollution Prevention; Spill Prevention, Control, and Countermeasure Rule Requirements - Amendments (Final Rule)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 06/15/2010
	Date Received in OIRA: 11/23/2009
Terms of Clearance: When this ICR is renewed, EPA should review the respondent burden, universe, response number, labor rates, and capital costs and ensure these estimates have been updated.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2013	36 Months From Approved	06/30/2010
Responses	652,049	0	446,145
Time Burden (Hours)	8,041,358	0	2,191,068
Cost Burden (Dollars)	161,008,709	0	35,752,645

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Abstract: The 2009 amendments will reduce the burden of the SPCC regulation, with expected benefits for small entities. Specifically, the rule amendments include: exempting hot-mix asphalt; exempting pesticide application equipment and related mix containers; exempting residential heating oil containers; amending the definition of "facility"; amending the facility diagram requirement; defining "loading/unloading rack"; providing streamlined requirements for a subset of Tier 1 qualified facilities; amending general secondary containment requirement; exempting non-transportation-related tank trucks from sized secondary containment requirements; amending security requirements; amending integrity testing requirements; amending requirements for animal fats or vegetable oil containers; streamlining several requirements for onshore oil production facilities; and exempting underground oil storage tanks at nuclear power generation facilities. 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 2009 SPCC amendments. Program changes reflect the 2009 revisions to the SPCC rule, which affect both per-facility costs and the number of affected facilities. In total, the burden hours presented in this ICR have increased relative to the current OMB inventory. The new burden estimate shows a net annualized increase of approximately 5.8 million hours. As a result of the final amendments, the reporting and recordkeeping burden would decrease by 1.3 million hours. The final amendments would reduce capital and O&M costs by approximately $7.5 million. The net effect on annualized capital and O&M costs to regulated facilities is estimated at $125 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.

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Authorizing Statute(s): US Code: 33 USC 1321(j)(1)(C) Sec 311(j)(1)(C) Name of Law: Clean Water Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2050-AG16	Final or interim final rulemaking	74 FR 58783	11/13/2009

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

table that charts list of burden

IC Title	Form No.	Form Name
Spill Prevention, Control and Countermeasure (SPCC) Plans - State, Local or Tribal Governments
Spill Prevention, Control and Countermeasure (SPCC) Plans - Private Sector Entities

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ICR Summary of Burden

table that charts list of burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	652,049	446,145	0	148,347	57,557	0
Annual Time Burden (Hours)	8,041,358	2,191,068	0	-1,274,327	7,124,617	0
Annual Cost Burden (Dollars)	161,008,709	35,752,645	0	-11,181,829	136,437,893	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: 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 final amendments. Program changes reflect the final revisions to the SPCC rule, which affect both per-facility costs and the number of affected facilities.

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Annual Cost to Federal Government: $591,000

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 11/23/2009

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