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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:
200710-2050-003
Status:
Historical Inactive
Previous ICR Reference No:
200610-2050-002
Agency/Subagency:
EPA/OLEM
Agency Tracking No:
0328.14
Title:
Revisions to the Spill Prevention, Control and Countermeasure (SPCC) Plans Rule (Proposed Rule)
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Comment filed on proposed rule and continue
Conclusion Date:
02/14/2008
Retrieve Notice of Action (NOA)
Date Received in OIRA:
10/30/2007
Terms of Clearance:
Terms of the previous clearance remain in effect. OMB is withholding approval at this time. Prior to publication of the final rule, the agency should provide a summary of any comments related to the information collection and their response, including any changes made to the ICR as a result of comments. In addition, the agency must enter the correct burden estimates. This action has no effect on any current approvals.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
12/31/2009
12/31/2009
06/30/2010
Responses
446,145
0
446,145
Time Burden (Hours)
2,191,068
0
2,191,068
Cost Burden (Dollars)
35,752,645
0
35,752,645
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. EPA is proposing to amend the SPCC Plan requirements to reduce the regulatory burden in eleven ways: (1) exempt hot-mix asphalt; (2) exempt pesticide application equipment and related mix containers used at farms; (3) exempt heating oil containers at a single-family residence; (4) amend the definition of "facility" to clarify the flexibility associated with defining a facility's boundaries; (5) amend the facility diagram requirement to provide additional flexibility for all facilities; (6) define "loading/unloading rack" to clarify the equipment subject to the provisions for facility tank car and tank truck loading/unloading racks; (7) provide streamlined requirements for a subset of qualified facilities; (8) amend the security requirements for all facilities; (9) amend the integrity testing requirements to allow a greater amount of flexibility in the use of industry standards at all facilities; (10) amend the integrity testing requirements for containers that store animal fats or vegetable oils and meet certain criteria; and (11) streamline a number of requirements at oil production facilities. EPA is also providing clarification to this proposed rule on additional issues raised by the regulated community, including the consideration of man-made structures in determining how to comply with the SPCC rule requirements; the applicability of the rule to underground emergency diesel generator tanks at nuclear power stations, and the applicability of the rule to wind turbines that are used to produce electricity. 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 proposed amendments. Program changes reflect the proposed revisions to the SPCC rule, which affect both per-facility costs and the number of affected facilities. The Agency estimates that as a result of the proposed amendments to clarify and streamline certain SPCC requirements, the reporting and recordkeeping burden would decrease by 1.4 million hours. In total, the burden hours presented in this ICR would increase relative to the current OMB inventory. The new burden estimate shows a net annualized increase of approximately 2.9 million hours. An estimated increase in total burden hours of 4.3 million is primarily attributed to two major factors: a larger number of facilities expected to incur paperwork-related costs and the revisions made to the estimates for burden hours used in the analysis. The Agency estimates that the proposed amendments will reduce capital and O&M costs by approximately $43 million. The net effect on annualized capital and O&M costs to regulated facilities is estimated at $119 million, mainly due to a larger number of facilities expected to incur paperwork-related costs and the revisions made to the estimates of the per-facility capital and O&M costs.
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-AG16
Proposed rulemaking
72 FR 58378
10/15/2007
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
Burden increases because of Program Change due to Agency Discretion:
No
Burden Increase Due to:
Burden decreases because of Program Change due to Agency Discretion:
Yes
Burden Reduction Due to:
Changing Regulations
Short Statement:
The Agency estimates that as a result of the proposed amendments to clarify and streamline certain SPCC requirements, the reporting and recordkeeping burden would decrease by 1.4 million hours. In total, the burden hours presented in this ICR would increase relative to the current OMB inventory. The new burden estimate shows a net annualized increase of approximately 2.9 million hours. An estimated increase in total burden hours of 4.3 million is primarily attributed to two major factors: a larger number of facilities expected to incur paperwork-related costs and the revisions made to the estimates for burden hours used in the analysis. The Agency estimates that the proposed amendments will reduce capital and O&M costs by approximately $43 million. The net effect on annualized capital and O&M costs to regulated facilities is estimated at $119 million, mainly due to a larger number of facilities expected to incur paperwork-related costs and the revisions made to the estimates of the per-facility capital and O&M costs.
Annual Cost to Federal Government:
$537,000
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:
10/30/2007
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