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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
2050-0021
ICR Reference No:
200610-2050-002
Status:
Historical Active
Previous ICR Reference No:
200602-2050-001
Agency/Subagency:
EPA/OLEM
Agency Tracking No:
0328.13
Title:
Spill Prevention, Control and Countermeasure (SPCC) Plans (Final Rule)
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved with change
Conclusion Date:
12/18/2006
Retrieve Notice of Action (NOA)
Date Received in OIRA:
10/31/2006
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
12/31/2009
06/30/2009
06/30/2009
Responses
446,145
0
623,288
Time Burden (Hours)
2,191,068
0
2,385,701
Cost Burden (Dollars)
35,752,645
0
51,759,000
Abstract:
The Oil Pollution Prevention regulation at 40 CFR part 112 requires and establishes procedures for the preparation and implementation of Spill Prevention, Control, and Countermeasure (SPCC) Plans. SPCC Plans help minimize the potential for oil discharges by non-transportation-related onshore and offshore facilities into or upon the navigable waters of the United States or adjoining shorelines or from affecting certain natural resources. Owners and operators of regulated facilities must prepare SPCC Plans in accordance with good engineering practices and have them approved by a person with the authority to commit the resources necessary to implement the SPCC Plan. SPCC Plans address the following three areas: (1) operating procedures that prevent oil spills; (2) control measures installed to prevent a spill from reaching navigable waters or adjoining shorelines; and (3) countermeasures to contain, clean up, and mitigate the effects of an oil discharge that could reach navigable waters. Section 311(j)(1)(C) of the Federal Water Pollution Control Act, or Clean Water Act (CWA), authorizes the President to issue regulations establishing procedures, methods, equipment, and other requirements to prevent discharges of oil from vessels and facilities and to contain such discharges. The President delegated the authority to regulate non-transportation-related onshore facilities under §311(j)(1)(C) of the Act to EPA under Executive Order (E.O.) 12777, §2(b)(1). The 2006 rule amendments will further reduce the burden of the SPCC regulation, with expected benefits for small entities. Specifically, the rule amendments will reduce the regulatory burden on qualified facilities and facilities with qualified oil-filled operational equipment. Qualified facilities with 10,000 gallons or less of aggregate aboveground storage no longer need a licensed PE to certify their Plans. The amendments also allow greater use of contingency plans without requiring an impracticability determination for facilities with qualified oil-filled operational equipment. Facilities that store oil solely in motive power containers are no longer regulated, while other facilities with oil storage in addition to motive power containers may incur lower compliance costs. The rule also allows mobile refuelers to fall under the rules general containment requirement, which does not require specifically sized secondary containment. Under these amendments, the SPCC rule compliance date will be extended for farms until the effective date of a rule addressing whether to provide differentiated requirements for farms. Differences in burden and costs from the previous ICR are attributed to both adjustments and program changes. Adjustments capture updates to the number of affected facilities, wages, and unit costs in the absence of the 2006 SPCC amendments. Program changes reflect the 2006 revisions to the SPCC rule, which affect both per-facility costs and the number of affected facilities. In total, the burden hours presented in this ICR have decreased relative to the current OMB inventory. The new burden estimate shows an annualized decrease of approximately 195,000 hours due to a smaller number of facilities expected to incur paperwork-related costs. The annualized capital and O&M costs are estimated to decrease with the rule by $16.0 million, mainly due to the revisions made to the estimate of the per-facility costs and the number of new SPCC-regulated facilities.
Authorizing Statute(s):
US Code:
33 USC 1321(j)(1)(C) Sec 311(j)(1)(C)
Name of Law: Clean Water Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
2050-AG23
Final or interim final rulemaking
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
2
IC Title
Form No.
Form Name
Spill Prevention, Control and Countermeasure (SPCC) Plans - Private Sector Entities
Spill Prevention, Control and Countermeasure (SPCC) Plans - State, Local or Tribal Governments
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
446,145
623,288
0
-177,143
0
0
Annual Time Burden (Hours)
2,191,068
2,385,701
0
-504,261
309,628
0
Annual Cost Burden (Dollars)
35,752,645
51,759,000
0
-36,023,355
20,017,000
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:
Yes
Burden Reduction Due to:
Changing Regulations
Short Statement:
In total, the burden hours presented in this ICR have decreased relative to the current OMB inventory by 195,000 hours and $16.0 million. This decrease is attributed to both adjustments and program changes. Adjustments capture updates to the number of affected facilities, wages, and unit costs in the absence of the 2006 SPCC amendments. Program changes reflect the 2006 revisions to the SPCC rule, which affect both per-facility costs and the number of affected facilities.
Annual Cost to Federal Government:
$377,000
Does this IC contain surveys, censuses, or employ statistical methods?
No
Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002?
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
Uncollected
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
Uncollected
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
Uncollected
Is this ICR related to the Pandemic Response?
Uncollected
Agency Contact:
Hugo Fleischman 202 564-1968 fleischman.hugo@epa.gov
Common Form ICR:
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:
(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:
10/31/2006
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