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OMB Control No: 2050-0135	ICR Reference No: 202204-2050-002
Status: Active	Previous ICR Reference No: 201808-2050-002
Agency/Subagency: EPA/OLEM	Agency Tracking No: 1630.14
Title: Oil Pollution Act Facility Response Plans (Renewal)
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 05/18/2023
	Date Received in OIRA: 07/21/2022
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for three years.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2026	36 Months From Approved	05/31/2023
Responses	3,771	0	3,733
Time Burden (Hours)	385,786	0	383,809
Cost Burden (Dollars)	25,954	0	3,365

Abstract: The authority for EPAs facility response plan (FRP) requirements is derived from section 311(j)(5) of the Clean Water Act, as amended by the Oil Pollution Act of 1990. EPAs regulation is codified at 40 CFR 112.20 and 112.21 and related appendices. The purpose of an FRP is to help an owner or operator identify the necessary resources to respond to an oil discharge in a timely manner. If implemented effectively, the FRP will reduce the impact and severity of oil discharges and may prevent discharges because of the identification of risks at the facility. Although the owner or operator is the primary data user, EPA also uses the data in certain situations to ensure that facilities comply with the regulation and to help allocate response resources. State and local governments may use the data, which are not generally available elsewhere, and can greatly assist local emergency preparedness planning efforts. The EPA reviews all submitted FRPs and must approve FRPs for those facilities whose discharges may cause significant and substantial harm to the environment to ensure that facilities believed to pose the highest risk have planned for adequate resources and procedures to respond to oil discharges (See 40 CFR 112.20(f)(3) for further information about the criteria for significant and substantial harm.). No information collected under the FRP rule is expected to be confidential. One of the criteria necessary for information to be classified as proprietary business information (40 CFR 2.208) is that a business must show that it has previously taken reasonable measures to protect the confidentiality of the information and that it intends to continue to take such measures. EPA provides no assurances of confidentiality to facility owners or operators when they file their FRPs.

Authorizing Statute(s): US Code: 33 USC Chapter 40 - Oil Pollution Name of Law: Oil Pollution Act

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 65529	11/10/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 40526	07/07/2022
Did the Agency receive public comments on this ICR? No

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Adjustment in Estimate
Annual Number of Responses	3,771	3,733	38
Annual Time Burden (Hours)	385,786	383,809	1,977
Annual Cost Burden (Dollars)	25,954	3,365	22,589

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: No

Burden Reduction Due to:

Short Statement: Total estimated costs reflect updated labor rates, consultations with existing plan holders and plan writers, and EPA's current inventory of facilities that have submitted and are maintaining an FRP. No comments were received during the 60-day comment period to inform the burden estimates. The burden estimate showed an annualized increase of 1,975 hours over the prior inventory due to the projected increase in the facility universe for the ICR renewal period. The capital cost increase reflects printing and travel costs based on the ICR consultations.

Annual Cost to Federal Government: $4,801,466

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

Agency Contact: J-Troy Swackhammer 202 564-1966 Swackhammer.J-Troy@epa.gov

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