2018 Clean Water Act Hazardous Substance Survey (New)

Forms and Documents

Document Name	Status
2566ss01PartB_June_20_2018.docx Supporting Statement B	2018-06-22
2566ss01PartA_June_20_2018.docx Supporting Statement A	2018-06-22
2566 Response to Comments.docx Supplementary Document	2018-04-03

IC Document Collections

IC ID	Document Title	Status
230917	Hazardous Substance Handling and Storage Procedures and Associated Cost Survey Other-Email Request to ECR	Modified

ICR Details

OMB Control No: 2050-0220	ICR Reference No: 201805-2050-001
Status: Active	Previous ICR Reference No: 201804-2050-001
Agency/Subagency: EPA/OLEM	Agency Tracking No: 2566.02
Title: 2018 Clean Water Act Hazardous Substance Survey (New)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 06/22/2018
	Date Received in OIRA: 05/07/2018
Terms of Clearance: 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
Expiration Date	06/30/2021	36 Months From Approved
Responses	490	0	0
Time Burden (Hours)	42,630	0	0
Cost Burden (Dollars)	899,150	0	0

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Abstract: 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.

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Authorizing Statute(s): None

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	82 FR 44178	09/21/2017
30-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 15378	04/10/2018
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

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

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ICR Summary 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	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

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

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: 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.

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Annual Cost to Federal Government: $18,354

Does this IC contain surveys, censuses, or employ statistical methods? Yes Part B of Supporting Statement

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

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: 05/07/2018

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