2018 Clean Water Act Hazardous Substance Survey (New)

ICR 201805-2050-001

OMB: 2050-0220

Federal Form Document

Forms and Documents
Document
Name
Status
Supporting Statement B
2018-06-22
Supporting Statement A
2018-06-22
Supplementary Document
2018-04-03
ICR Details
2050-0220 201805-2050-001
Active 201804-2050-001
EPA/OLEM 2566.02
2018 Clean Water Act Hazardous Substance Survey (New)
New collection (Request for a new OMB Control Number)   No
Regular
Approved with change 06/22/2018
Retrieve Notice of Action (NOA) 05/07/2018
The agency is reminded to display a valid OMB control number and burden statement on the collection instrument.
  Inventory as of this Action Requested Previously Approved
06/30/2021 36 Months From Approved
490 0 0
42,630 0 0
899,150 0 0

The Clean Water Act (CWA) directs the President to issue regulations ‘‘establishing procedures, methods, and equipment and other requirements for equipment to prevent discharges of oil and hazardous substances from . . .onshore facilities and offshore facilities, and to contain such discharges’’ (33 U.S.C. 1321(j)(1)(C)). In 1978, EPA designated a list of hazardous substances under the authority of CWA section 311(b)(2)(A). This list is found at 40 CFR part 116. EPA concurrently proposed requirements to prevent the discharge of designated hazardous substances from facilities subject to permitting requirements under the National Pollutant Discharge Elimination System (NPDES) of the CWA (43 FR 39276); the proposed regulations were never finalized. On July, 21, 2015, several parties filed a lawsuit against EPA for unreasonable delay/failure to perform a nondiscretionary duty to establish regulations for hazardous substances under CWA section 311(j)(1)(C). According to a settlement agreement reached in that case and filed with the United States District Court, Southern District of New York, on February 16, 2016, EPA is to sign a proposed regulatory action no later than June 16, 2018. EPA is developing a regulatory proposal regarding the prevention of CWA hazardous substance discharges. EPA does not directly receive reports on specific types and amounts of hazardous substances stored and used at facilities across the country. Much of that information is collected under the Emergency Planning and Community Right-to-Know Act (42 U.S. Code Chapter 116; EPCRA) which requires Tier II facilities to report the maximum and average daily amounts of hazardous chemicals onsite during the preceding year to their respective state, Tribal, or territorial authority. Therefore, the Agency has developed a short voluntary survey to be sent to states, tribes and territories of the United States requesting information on the number and type of EPCRA Tier II facilities reporting CWA hazardous substances onsite, as well as information about historical discharges of CWA hazardous substances, ecological and human health impacts of those discharges, and existing state and tribal regulatory programs that serve to prevent discharges of hazardous substances. This information will assist EPA in estimating the universe of facilities nationwide potentially subject to discharge prevention regulations for hazardous substances designated at 40 CFR part 116. EPA anticipates this information will inform the rulemaking process, assisting in the identification of potentially affected entities, evaluation of potential regulatory approaches, and estimating economic impacts.

None
None

Not associated with rulemaking

  82 FR 44178 09/21/2017
83 FR 15378 04/10/2018
No

1
IC Title Form No. Form Name
Hazardous Substance Handling and Storage Procedures and Associated Cost Survey

  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 490 0 0 490 0 0
Annual Time Burden (Hours) 42,630 0 0 42,630 0 0
Annual Cost Burden (Dollars) 899,150 0 0 899,150 0 0
Yes
Miscellaneous Actions
No
This is a new ICR for a one-time, voluntary survey supporting the development of a proposed rulemaking regarding the prevention of CWA hazardous substance discharges.

$18,354
Yes Part B of Supporting Statement
    No
    No
No
No
No
Uncollected
Stacey Yonce 202 564-2288 [email protected]

  No

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.
05/07/2018


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