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

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
2710rtc02.docx	Supplementary Document	Uploaded 2024-03-29	Repair queued
2710ss02.docx	Supporting Statement A	Uploaded 2024-03-29	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
252910	Facilities		Modified

ICR Details

OMB Control No: 2050-0228	ICR Reference No: 202403-2050-002
Status: Historical Inactive	Previous ICR Reference No: 202204-2050-001
Agency/Subagency: EPA/OLEM	Agency Tracking No: 2710.02
Title: Clean Water Act Hazardous Substance Worst Case Discharge Planning Regulations (Final Rule)
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OIRA Conclusion Action: Withdrawn	Conclusion Date: 03/05/2025
Retrieve Notice of Action (NOA)	Date Received in OIRA: 04/01/2024
Terms of Clearance: This ICR was withdrawn as requested by EPA on 3/5/25

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: The final action to which this information collection applies specifies that those onshore non-transportation-related facilities (hereafter, facilities or facility) that could reasonably be expected to cause substantial harm to the environment, based on their location, are required to prepare facility response plans (FRPs) for worst case discharges for CWA hazardous substances to navigable waters and submit them to the EPA. The final applicability criteria include meeting or exceeding the CWA hazardous substance threshold quantity based on 1,000 times the CWA hazardous substance reportable quantity (RQ) and being within one-half mile of navigable waters or a conveyance to navigable water, and on meeting one of the following substantial harm criteria: ability to cause injury to fish, wildlife, or sensitive environments; ability to adversely impact public water systems; ability to cause injury to public receptors; and reportable discharge history. Once a facility determines that it is subject to the action, the owner or operator must prepare and submit to EPA a plan for responding, to the maximum extent practicable, to a worst-case discharge, and to a substantial threat of such a discharge of a CWA hazardous substance to navigable water, based on CWA section 311(j)(5). If a facility meets the threshold quantity and distance to navigable water criteria, but not the substantial harm criteria, the facility owner or operator must still submit to EPA a Substantial Harm Certification Form.

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Authorizing Statute(s): US Code: 33 USC 1321(j)5) Name of Law: Clean Water Act
   US Code: 33 USC 1361(a) 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-AH17	Final or interim final rulemaking	89 FR 21924	03/28/2024

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? Yes

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

table that charts list of burden

IC Title	Form No.	Form Name
Facilities

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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, therefore there is no change in burden.

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Annual Cost to Federal Government: $2,816,144

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: 04/01/2024

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