Supporting Statement A, CSB Accidental Release Reporting Form, 05-01-2023
Supporting Statement A for Paperwork Reduction Act (PRA) Submission
Justification
1. Explain the circumstances that make the collection of information necessary.
The CSB’s enabling legislation necessitates and authorizes this collection of information. See 42 U.S.C. § 7412(r)(2)(A)-(C); 42 U.S.C. § 7412(r)(6)(C)(i)-(iii); 42 U.S.C. § 7412(r)(6)(E); 42 U.S.C. § 7412(r)(6)(L)-(O). A federal court ordered the CSB to publish a final reporting rule by February 5, 2020. See Air Alliance of Houston, et al. v. U.S. Chemical Safety and Hazard Investigation Board, 365 F. Supp. 3d 118, (D. D.C. Feb. 4, 2019). A copy of the CSB enabling legislation is attached as Exhibit 2- 42 U.S.C. 7412(r)(6). The enabling legislation includes all of the provisions cited above, including and especially 42 U.S.C. 7412(r)(6)(C)(iii), which specifically authorizes/mandates the final rule and collection of information. The CSB published its final rule on February 21, 2020, at 85 FR 10074, which codified requirements for accidental release reporting in 40 CFR Part 1604. This submission is a revision of the information collection request previously approved in relation to the final rule.
2. Indicate how, by whom, and for what purpose the information is to be used.
The purpose of the information collection is for owners and operators of facilities to notify the CSB of an accidental release of a regulated substance or other extremely hazardous substance into the ambient air from a stationary source and to provide the CSB with basic information concerning the accidental release. The CSB will use the information to 1) conduct an initial assessment of CSB jurisdiction; 2) make a determination as to whether an investigation is mandatory for purposes of 42 U.S.C. § 7412(r)(6)(E); and 3) gather basic information regarding the nature of the accidental release to inform how to respond to any accidental release within its jurisdiction. If a party already has accurately reported an accidental release to the National Response Center (NRC), the party may fulfill the reporting requirement by providing the CSB via an email or a phone call with the NRC identification number.
3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g. permitting electronic submission of responses, and the basis for the decision for adopting this means of collection.
The proposed collection permits a reporting party to contact the CSB by telephone or by emailing either a screen-fillable PDF reporting form located at the CSB’s website (https://www.csb.gov/news/incident-report-rule-form-/) (Exhibit 3) or the same information based on the form. If a party has fully reported an accidental release to the NRC pursuant to 40 CFR 302.6 (which sets forth the notification requirements for releases of the substances identified by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (Pub. L. 96–510)), the reporting party may only be required to submit to the CSB via an email or phone call an NRC identification number.
4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in item 2 above.
The CSB has long sought to avoid duplicative reporting requirements by arguing that it had alternative methods for collecting the same information even in the absence of a rule. Specifically, the CSB has used internet search engines and media reporting services to identify accidental releases within its jurisdiction. Although the CSB deemed this method acceptable for many years, the CSB was under court order to issue its own specific reporting requirement by February 5, 2020.
In its ANPRM (74 FR 30259; June 25, 2009), the CSB asked for comments on the following question: “Should an initial report be made to the CSB or the National Response Center?” The CSB received a number of comments that suggested that reports be submitted to the NRC in order to avoid duplicative reporting.
In developing the final rule and information collection request, the CSB was able to determine that reports submitted to the NRC under 40 CFR 302.6 (although not labeled as such) could be reliably identified via a modified search algorithm. Accordingly, if an owner/operator knows that it has submitted a report to the NRC under 40 CFR 302.6, the owner/operator is not required to file a separate report with the CSB. Rather, the owner/operator is simply required to notify the CSB of the NRC identification number. The CSB would then use this number to ensure that its search algorithm is capturing all pertinent accidental releases reported to the NRC.
Other than reports submitted to the NRC under 40 CFR 302.6, the CSB requires owners and operators to report directly to the CSB, either via email or by phone (202-261-7600). Aside from the NRC, reports of similar information may be made pursuant to other laws following an accidental release resulting in a fatality or serious injury or substantial property damage. However, this information may not be available in sufficient time for the CSB to make a timely decision as to whether the incident falls under the CSB’s jurisdiction and meets the threshold criteria to send investigators to an accidental release site.
For example, facilities that are subject to EPA’s Risk Management Program (RMP) rule must report periodically on any accidental release of listed hazardous substances. While EPA shares such information with the CSB, it does not include all accidental releases within the investigatory jurisdiction of the CSB. For example, reports under RMP are made only when the release exceeds a threshold limit. Moreover, RMP-required reports are submitted to EPA within 6 months of the incident, long after CSB must make a deployment decision.
5. If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.
The CSB anticipates only a minimal impact on small businesses or other small entities. In addition, the CSB’s rule provides a simplified method of reporting to CSB when a report has already been made to the NRC under CERCLA. The owner/operator may revise and/or update information reported to the NRC or CSB by sending a notification with revisions to the CSB within 30 days following the submission of the accidental release report.
The CSB refrained from referring violations for enforcement for one year following the effective date of the rule. The CSB contacted the owner/operator within the first year following the effective date of the rule to notify them of the requirement to report. This policy allowed adequate time for compliance education, especially for smaller firms.
Similarly, accidents involving small facilities with few employees require special consideration. In some cases, the owner/operator may not be able to report an accidental release within eight hours, especially if ongoing response activities require attention. The CSB works with owners and operators to accommodate exceptional circumstances.
The CSB published guidance on its website in August 2022.
6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.
Consequences—not conducting:
If the collection were not conducted, the CSB might not learn of certain accidental releases and/or would not be able to collect important information on releases that is important in enabling the CSB to make a deployment decision.
Consequences—less frequent collection:
The collection does not occur on a scheduled basis. Rather, an owner or operator of a stationary source is required to report an accidental release only if it experiences a release of a regulated substance or other extremely hazardous substance into the ambient air from a stationary source under its ownership or control, and the accidental release results in a death, serious injury, or substantial property damages.
Legal obstacles/burden:
There are certain challenges to reducing burden, but the CSB would not describe these challenges as a legal obstacle. However, there is a limit to what the CSB can do to reduce burden based on its specific statutory responsibility.
The CSB is aware of a number of state and federal reporting requirements that may come into play when there is a catastrophic event within the CSB’s jurisdiction. There is some overlap between these requirements, and the CSB has provided flexibility in reducing direct reporting to the Board in that instance. However, for other federal and state reporting requirements, even though similar, there are certain areas that differ. These differences in statutory authority and responsibility necessitate that the CSB, in most instances of overlap, obtain information from reporting parties, even if this results in some potential duplication.
Technical obstacle:
The CSB has not identified any specific technical obstacle to reducing burden. The CSB is using information technology and electronic communication to reduce burden to the extent possible. For example, the CSB uses media reporting and internet search engines to learn of accidental releases that may be within its jurisdiction. If the CSB does not promptly receive a report from the owner/operator, the CSB will contact the owner to make sure the owner/operator is aware of the requirement and to assist in compliance.
7. Explain any special circumstances that require the collection to be conducted in a manner:
requiring respondents to report information to the agency more often than quarterly;
Potential respondents (owner/operators) are required to report within 8 hours of an accidental release, and only when an accidental release causing death, serious injuries, or substantial property damage occurs. Many potential respondents will likely never need to submit a report. A respondent would only need to report more than quarterly if there was more than one accident.
requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;
Potential respondents (owner/operators) are required to report within 8 hours of an accidental release only if an accidental release causing death, serious injuries, or substantial property damage occurs. Many potential respondents will likely never need to submit a report.
requiring respondents to submit more than an original and two copies of any document;
Not applicable. The CSB will not require an original and two copies to be submitted.
requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records, for more than three years;
Not applicable. The collection does not include a recordkeeping component.
in connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study; and
Not applicable. The collection is not part of a statistical survey.
requiring the use of a statistical data classification that has not been reviewed and approved by OMB.
Not applicable. The collection does not require the use of a statistical data classification.
8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB.
Exhibit 4 is a copy of the 60-day notice as required by 5 CFR 1320.8(d), which was published on March 2, 2023 (88 FR 13086). Please see Exhibit 4.
Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments.
The CSB did not receive any comments.
Specifically address comments received on cost and hour burden.
The CSB did not receive any comments.
Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.
The CSB previously consulted with the NRC on the CSB’s rule to solicit feedback on most of the above topics.
Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years - even if the collection of information activity is the same as in prior periods. There may be circumstances that mitigate against consultation in a specific situation. These circumstances should be explained.
The CSB has not specifically reached out outside of the notice in the Federal Register. However, the CSB understands that, prior to its next renewal, the agency is required to consult with fewer than 10 potential respondents on the aspects of the information collection.
9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.
Not applicable. The CSB will not provide any payment or gift to respondents. The reporting parties are under a legal duty to provide an accidental release report. Remuneration for complying with a mandatory requirement is not permissible.
10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.
The CSB included language in the rule that specifically addresses information disclosure issues.
Accidental release records collected by the CSB under this rule may be obtained by making a request in accordance with 40 CFR 1601, the CSB’s procedures for the disclosure of records under the Freedom of Information Act. The CSB will process and if appropriate, disclose such records, in accordance with 40 CFR part 1601 and relevant federal information disclosure laws.
This subsection was included in the Accidental Release Reporting Final Rule (Exhibit 1) to confirm that the procedure for seeking records obtained pursuant to the rule is governed by the Freedom of Information Act, 5 U.S.C. 552 (the FOIA), the CSB’s procedural regulations for disclosure of records under the FOIA, 40 CFR part 1601, and any other pertinent federal disclosure laws. The CSB has updated its form to include a disclosure statement (Exhibit 4).
11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.
The collection does not seek information typically considered to be related to personal privacy, such as “sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private.”
12. Provide estimates of the hour burden of the collection of information. The statement should:
a. Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated.
The CSB previously estimated submission of 200 reports per year. After an evaluation of the data collected over the last three years, the CSB is reducing the estimate to 100 reports per year. However, the total number submitted to CSB is not necessarily predictable because of the episodic nature of accidents. Moreover, “accidental releases,” as defined by CSB regulations, that result in a fatality, serious injury, or substantial property damage further narrows the potential amount of accidents.
Most respondents will only submit a response if an accidental release within the scope of the regulations occurs during a given year. For the vast majority of potential respondents, the frequency of responses will likely be “none” in a given year.
The CSB is incorporating the analysis located in the Accidental Release Reporting Final Rule on calculation of time to complete. See Exhibit 1.
When it originally calculated the average time to respond, the CSB consulted with the NRC. The CSB included in its calculation both the average time it takes to make an NRC report and the approximate time it takes to relay the information required per the Accidental Release Reporting Final Rule. The time to relay an NRC number is significantly shorter than the time it takes to make a direct report to the CSB.
Based on internal data, the CSB on average receives 58 reports using the OMB approved form or the equivalent. The CSB receives approximately 30 reports from respondents where they only provide the NRC number. For purposes of an anticipated burden calculation (the CSB has seen a rise in reporting), the CSB will use 65 direct reports to the CSB and 35 reports with NRC information. When the burden is divided into providing an NRC number (without the burden to provide NRC the original information) and the average time it takes to provide CSB the information, the burden would be reduced.
The annual burden for receiving NRC reports is 1.2 hours.
The annual burden for receiving direct reports to the CSB is 16.3 hours.
b. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates.
CSB did not conduct a special survey.
Consultation with a sample (fewer than 10) of potential respondents is desirable.
CSB did not consult with a sample of potential respondents. However, CSB did speak with NRC leadership in order to gain insight into the time burden on a party to submit a report by telephone. The NRC receives approximately 30,000 reports by phone each year.
The CSB examined standard internal NRC forms used to guide its operators in receiving information and taking reports on accidents. The reports were similar to reports that the CSB may receive. However, the NRC’s data requests were more extensive than anything contemplated in the CSB’s proposed rule. Although the NRC did not have official statistics to share, the NRC informed the CSB that the average time it took for a caller to provide a report by phone was approximately 8 minutes.
If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden and explain the reasons for the variance.
The time burden of respondents should not vary widely because of differences in activity, size, or complexity. Any owner/operator who must file a report is subject to the same requirements and burden.1
When the burden separates the respondent’s burden reporting to the NRC, there is a variation of reporting the NRC number of 2 minutes versus 15 minutes to report information directly to the CSB.
Generally, estimates should not include burden hours for customary and usual business practices.
The CSB did not include costs related to customary and usual business practices in its burden estimate.
c. If the request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens in Item 13.
A response is not required because the CSB is seeking approval for one form only.
d. Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included in Item 13.
The CSB estimated an annualized cost of $13.08 for any firm required to submit an accidental release report.
As noted above, the CSB first determined an estimated time burden associated with submitting an accidental release report of 15 minutes. The CSB then estimated an hourly labor cost to translate the time requirement into a cost figure.
In order to determine an appropriate hourly rate, the CSB identified six relevant occupation codes, the annual mean wage, and the meanly hour wage for each, based on the Bureau of Labor Statistics’ May 2022 National Occupational Employment and Wage Estimates, United States. The CSB next combined the average hourly rate for each of the six classifications and divided that total by six. This calculation produced an average hourly rate of $40.25. This information is summarized in Table 1 below.
CSB then multiplied the average hourly wage ($40.25) by the total time requirement (0.25 hour) and multiplied by the benefit factor (1.3) to arrive at an estimated annualized reporting cost per business of $13.08.
When the NRC burden is separated out, the method of calculation remains the same but there is a different cost. The estimated annualized reporting cost per business would be $1.74 ($40.25 x 1.3 x 0.033 = $1.74) if only reporting the NRC number.
Table 1- Occupational Classifications and Wages
Occupational Code |
Occupation Title |
Mean Annual Wage |
Mean Hourly |
|
|
|
|
13-10412 |
Compliance Officer |
$76,980 |
$37.01 |
17-20813 |
Environmental Engineers |
$101,670 |
$48.88 |
17-21124 |
Industrial Engineers5 |
$98,560 |
$47.39 |
17-21116 |
Health and Safety Engineers7 |
$103,570 |
$49.79 |
17-30258 |
Environmental Engineering Technicians |
$58,020 |
$27.90 |
17-30269 |
Industrial Engineering Technicians |
$63,470 |
$30.52 |
|
|
|
|
|
Composite Average Hourly |
|
$40.25 |
13. Provide an estimate of the total annual cost burden to respondents or record keepers resulting from the collection of information. (Do not include the cost of any hour burden shown in Items 12 and 14.)
The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life) and (b) a total operation and maintenance component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred.
Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.
The information collection will not require capital or start-up costs. The questions do not apply.
If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance.
The CSB does not anticipate that costs will vary depending on the respondent because the costs for each reporting party are the same.
The cost of purchasing or contracting out information collection services should be a part of this cost burden estimate.
The CSB does not anticipate that any such cost would be incurred.
In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.
Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.
The CSB estimate does not include purchases of equipment or services, or portions thereof, in any of the four listed categories. The CSB does not believe that any purchase of equipment or services is necessary.
14. Provide estimates of annualized cost to the Federal Government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies may also aggregate cost estimates from paragraphs 12, 13, and 14 in a single table.
The CSB’s initial cost estimate for this collection was approximately $242,000. The CSB has been in the process of formalizing the program with additional hires and resources. After further evaluation, the approximate annual cost is $143,378 with a one-time cost of $60,000. Specific costs are detailed in the table below.
Staff Compensation & Benefits |
Grade/Step |
Annual Pay |
Hourly Rate |
Estimated Hours |
Benefits at 30% |
Annualized Cost Including benefits[2] |
Internal Reference only |
Pathways Chemical Engineer (approx) |
GS 9-5 |
$70,270 |
$33.78 |
260 |
1.3 |
$11,419 |
|
Pathways Chemical Engineer (approx) |
GS 9-5 |
$70,270 |
$33.78 |
260 |
1.3 |
$11,419 |
|
Pathways Chemical Engineer (approx) |
GS 9-5 |
$70,270 |
$33.78 |
260 |
1.3 |
$11,419 |
|
Senior Chemical Incident Investigator |
GS 15-10 |
$183,500 |
$88.22 |
260 |
1.3 |
$29,819 |
|
|
|
|
|
|
|
|
|
Overtime, Call Back etc. (approx) |
GS 9-5 |
$70,270 |
$50.68 |
104 |
1.3 |
$6,851 |
|
Overtime, Call Back etc. (approx) |
GS 9-5 |
$70,270 |
$50.68 |
104 |
1.3 |
$6,851 |
|
Overtime, Call Back etc. (approx) |
GS 9-5 |
$70,270 |
$50.68 |
104 |
1.3 |
$6,851 |
|
Legal |
GS 15-9 |
$183,500 |
$88.22 |
40 |
1.3 |
$4,588 |
|
Legal |
GS 13-5 |
$123,653 |
$59.45 |
40 |
1.3 |
$3,091 |
|
Financial |
GS 14-6 |
$154,428 |
$74.24 |
40 |
1.3 |
$3,861 |
|
Public Affairs |
GS 14-5 |
$146,121 |
$70.25 |
10 |
1.3 |
$913 |
|
IT |
GS 15-2 |
$160,889 |
$77.35 |
40 |
1.3 |
$4,022 |
|
FOIA |
GS 13-5 |
$123,653 |
$59.45 |
100 |
1.3 |
$7,728 |
|
Records |
GS 13 |
$112,015 |
$53.85 |
50 |
1.3 |
$3,500 |
|
Subtotal Compensation and Benefits |
|
|
|
|
|
$112,333 |
|
|
|
|
|
|
|
|
|
Support Services |
|
|
|
|
|
Contract Costs |
|
NRC |
|
|
|
|
|
$24,062 |
|
Web Support |
|
|
|
|
|
$5,000 |
|
Subtotal Support Services |
|
|
|
|
|
$29,062 |
|
|
|
|
|
|
|
|
|
Equipment |
Cost |
Annualized Use |
|
|
|
Total |
|
Computer and Phone (3) |
$ 9,000 |
0.175 |
|
|
|
$1,575 |
|
Computer and Phone |
$ 3,000 |
0.125 |
|
|
|
$375 |
|
Phone Services (3) |
$ 150 |
0.175 |
|
|
|
$26 |
|
Phone Services |
$ 50 |
0.125 |
|
|
|
$6 |
|
Subtotal Equipment |
|
|
|
|
|
$1,983 |
|
|
|
|
|
|
|
|
|
Video |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
ANNUALIZED TOTAL COST |
|
|
|
|
|
$143,378 |
|
The CSB also utilizes internet search engines and media reporting services to identify accidental releases within its investigatory jurisdiction. The CSB will use these tools, as needed, to remind an owner/operator of the need to report an accidental release if one is not filed in a timely manner.
15. Explain the reasons for any program changes or adjustments.
The reduction of 100 hours is based on reviewing the data collected. Additionally, the individual annualized cost for respondents increased because of updated salary adjustments but the total annualized cost was reduced due to the reduction of the anticipated number of responses. Additionally, the total annualized cost was reduced due to a reevaluation of the resources and staffing needs.
16. For collections of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.
Not applicable. The collection is not for the purpose of collecting information for publication. The agency, however, continues to proactively disclose basic incident information on a quarterly basis on its website at https://www.csb.gov/news/incident-report-rule-form-/.
17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.
It is not applicable because the CSB is not seeking such approval from OMB.
18. Explain each exception to the certification statement identified in Item 19, "Certification for Paperwork Reduction Act Submissions."
The CSB is not seeking any exceptions for its certification.
1 If an owner/operator has already filed a report with the NRC under CERCLA, the time burden for reporting to the CSB will be shortened because an email or phone call notification is all that is required. However, this variance is not due to a difference in activity, size, or complexity. Rather, the lighter burden is based on having previously reported similar facts under a different law.
5 Excludes Health and Safety Engineers, Except Mining Safety Engineers and Inspectors.
7 Except Mining Safety Engineers and Inspectors.
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| File Modified | 0000-00-00 |
| File Created | 0000-00-00 |