Clean Water Act Hazardous Substance Worst Case Discharge Planning Regulations (Proposed Rule)

Forms and Documents

Document Name	Status
2710ss01.docx Supporting Statement A	2022-04-15

IC Document Collections

IC ID	Document Title	Status
252910	Facilities	New

ICR Details

OMB Control No:	ICR Reference No: 202204-2050-001
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: EPA/OLEM	Agency Tracking No: 2710.01
Title: Clean Water Act Hazardous Substance Worst Case Discharge Planning Regulations (Proposed Rule)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 04/15/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	1,684	0
Time Burden (Hours)	330,738	0
Cost Burden (Dollars)	15,188,371	0

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Abstract: Section 311(j)(5) of the Clean Water Act (CWA) directs the President to issue regulations which require an owner or operator of a tank vessel or facility . . . to prepare and submit to the President a plan for responding, to the maximum extent practicable, to a worst case discharge, and to a substantial threat of such a discharge, of oil or a hazardous substance. (33 USC 1321). The term hazardous substance is defined in CWA section 311(a)(14), and CWA hazardous substances and their associated reportable quantities (RQs) are designated in 40 CFR parts 116 and 117.

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Authorizing Statute(s): US Code: 33 USC 1321 Name of Law: CWA
   US Code: 33 USC 2701 Name of Law: OPA
   EO: EO 12777 Name/Subject of EO: Implementation of section 311 of OPA
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2050-AH17	Proposed rulemaking	87 FR 17890	03/28/2022

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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: 1

IC Title	Form No.	Form Name
Facilities

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ICR Summary of Burden

	Total Request	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	1,684	0	0	1,684	0	0
Annual Time Burden (Hours)	330,738	0	0	330,738	0	0
Annual Cost Burden (Dollars)	15,188,371	0	0	15,188,371	0	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: No

Burden Reduction Due to:

Short Statement: This is a new information collection request.

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Annual Cost to Federal Government: $1,520,201

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

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? No

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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: 04/15/2022

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