1 REVISION OF INFORMATION COLLECTION REQUEST ( ICR) FOR THE OIL POLLUTION PREVENTION REGULATION FOR CERTAIN FACILITIES TO PREPARE AND MAINTAIN AN OIL SPILL PREVENTION, CONTROL, AND COUNTERMEASURE ( SPCC) PLAN ( EPA No. 0328.12, OMB No. 2050 0021)

1. IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) Title of the Information Collection Revision of Information Collection Request ( ICR) for the Oil Pollution Prevention Regulation for Certain Facilities to Prepare and Maintain an Oil Spill Prevention, Control, and Countermeasure ( SPCC) Plan ( 40 CFR Part 112). EPA ICR No. 0328.12, OMB No. 2050 0021.

1( b) Short Characterization 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 nontransportation 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. Each SPCC Plan, while unique to the facility it covers, must include certain standard elements to ensure compliance with the regulations.

This ICR revision incorporates proposed changes to the SPCC rule at 40 CFR part 112 ( see 70 FR 73524). If the amendments are finalized, the U. S. Environmental Protection Agency ( EPA) estimates that approximately 479,000 facilities would incur paperwork related burden in the first year of this ICR. EPA estimates the total reporting and recordkeeping burden to these facilities would be approximately 1.9 million hours in each year of this ICR.

2. NEED FOR AND USE OF THE COLLECTION 2( a) Need/ Authority for the Collection Section 311( j)( 1)( C) of the Federal Water Pollution Prevention 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. 1 The President delegated the authority to regulate non transportation related 1 33 U. S. C. 1321( j)( 1)( C). 2 onshore facilities under § 311( j)( 1)( C) of the Act to EPA under Executive Order ( E. O.) 12777, § 2( b)( 1). 2 By this same Executive Order, the President delegated authority over transportationrelated onshore facilities, deepwater ports, and vessels to the U. S. Department of Transportation ( DOT) and authority over other offshore facilities, including associated pipelines, to the U. S. Department of the Interior ( DOI). A subsequent Memorandum of Understanding ( MOU), dated February 3, 1994, among EPA, DOT, and DOI, reallocated the responsibility for non transportation related offshore facilities that are landward of the coastline to EPA. An earlier MOU between the Secretary of Transportation and the EPA Administrator, dated November 24, 1971 ( 36 FR 24080), established the definitions of non transportation related facilities and transportation related facilities.

The Oil Pollution Prevention regulation, found at 40 CFR part 112, outlines requirements for both preventing and preparing for oil spills. The prevention part of this regulation at § 112.1 through § 112.15 is also known as the SPCC rule. It was originally promulgated on December 11, 1973, at 38 FR 34164, under the authority of § 311( j)( 1)( C) of the CWA. The regulation established spill prevention procedures, methods, and equipment requirements for non transportation related onshore and offshore facilities with aboveground oil storage capacity or completely buried underground oil storage capacity greater than certain thresholds and meeting other criteria ( see § 112.1). Regulated facilities are limited to those that, because of their location, could reasonably be expected to discharge oil in quantities that may be harmful into the navigable waters of the United States or adjoining shorelines.

On July 17, 2002, at 67 FR 47042, EPA published amendments to the SPCC rule. These amendments included new subparts outlining the requirements for different classes of oil, revised the applicability of the regulation, amended the requirements for completing SPCC Plans, and made other modifications. The final rule also contained a number of provisions designed to decrease the regulatory burden on facility owners and operators subject to the rule while preserving environmental protection. The rule was effective August 16, 2002, with compliance dates outlined in § § 112.3( a) and ( b). However, the original compliance dates were extended for eighteen months on April 7, 2003 ( 68 FR 18890). On August 11, 2004, EPA extended the compliance dates in § § 112.3( a) and ( b) by an additional eighteen months and amended the compliance deadline in § 112.3( c) ( 69 FR 48794). On February 17, 2006, EPA published an additional extension of the compliance dates in § § 112.3( a), ( b), and ( c), establishing October 31, 2007 as the new deadline for owners and operators to prepare, amend, and implement SPCC Plans ( 71 FR 8462).

On December 12, 2005, EPA proposed to further amend the SPCC Plan requirements to reduce the regulatory burden in six ways: ( 1) by providing streamlined options for facilities that meet a set of specified qualifying criteria; ( 2) by providing streamlined options for facilities that have qualified oil filled operational equipment ( OFE); ( 3) by exempting certain motive power containers; ( 4) by exempting airport mobile refuelers from the specifically sized secondary containment requirements for bulk storage containers; ( 5) by removing certain provisions related to animal fats and vegetable oils ( AFVO) facilities; and ( 6) by extending the compliance dates 2 56 FR 54757 ( October 22, 1991), superseding Executive Order 11735, 38 FR 21243. 3 for farms with an oil storage capacity of 10,000 gallons or less until EPA completes its research into whether there should be specific requirements to these farms ( see 70 FR 73524).

2( b) Practical Utility/ Users of the Data EPA does not collect SPCC Plans or related records from facilities on a routine basis. Preparation, implementation, and maintenance of the SPCC Plan by the facility owner or operator helps prevent oil discharges and mitigate the environmental damage caused by such discharges. Therefore, the primary user of the data is the facility owner or operator. For example:

C Accumulating the necessary data requires that the facility staff analyze the facility measures and procedures for preventing oil discharges, facilitating safety awareness, and promoting appropriate modifications to facility design and operations;

C Having the required information in a single document promotes efficient response in the event of a discharge;

C Implementing the Plan according to the specifications of 40 CFR part 112 requires meeting certain design and operational standards that reduce the likelihood of an oil discharge;

C Keeping inspection records promotes important maintenance, facilitates leak detection, and demonstrates compliance with the SPCC requirements; and C Reviewing the Plan periodically ensures the implementation of more effective spill prevention control technology as it becomes available and is demonstrated to be effective.

Although facility personnel are the primary users of the data, EPA uses the data in certain situations. EPA's primary use of the data contained in an SPCC Plan is to ensure that a facility is in full compliance with all elements of the SPCC rule, including design and operation specifications and inspection requirements. For example, EPA reviews SPCC Plans as part of EPA's inspection program. A Regional Administrator may require a facility owner or operator to amend an SPCC Plan if he/ she finds that the facility has not met the requirements of the regulation or if amendment of the Plan is necessary to prevent and contain discharges of oil.

State and local governments are also users of the data. The information provided in SPCC Plans ( e. g., facility configuration and potential risks) is not necessarily available elsewhere and assists local emergency preparedness planning efforts. The Plan must be compatible and coordinated with local emergency plans, including those developed under Title III of the Superfund Amendments and Reauthorization Act of 1986 ( Pub. L. 99 499). Coordination with state governments is facilitated by the provision in § 112.4( c) requiring that, after certain discharges, information on the discharge be sent to the relevant state agencies. The flexibility with respect to Plan formatting promotes greater coordination with state planning efforts by encouraging the use of plans prepared pursuant to state regulations. 4 3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3( a) Nonduplication For some facilities, certain requirements of the Oil Pollution Prevention regulation could be the same or substantially similar to regulations addressing underground storage tanks ( USTs). The SPCC rule addresses this overlap by exempting completely buried tanks subject to all of the technical requirements of EPA's UST program ( 40 CFR part 280) or a state program approved under 40 CFR part 281.

The regulation allows flexibility in Plan preparation and recordkeeping. The definition of " SPCC Plan" allows the use of alternative, appropriately cross referenced formats based on other state or other federal requirements. Greater flexibility is also provided for facility recordkeeping practices, as records required pursuant to the National Pollutant Discharge Elimination System ( NPDES) program and API Standards may satisfy certain SPCC recordkeeping requirements. Records kept under usual and customary business practices are also accepted for inspections, tests, and records.

3( b) Public Notice Required Prior to ICR Submission to OMB Pursuant to the Paperwork Reduction Act ( 44 U. S. C. 3501 et seq.), the Agency has notified the public through a Federal Register notice as part of the proposed rule ( see 70 FR 73524). As part of this process, EPA solicits public comment concerning the burden estimates for respondents. EPA specifically requests comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques. EPA will consider any comments when an ICR package is prepared to support the final rule.

3( c) Consultations In fall of 2004, EPA asked a contractor to contact up to nine affected facilities regarding EPA's SPCC ICR burden assumptions. The interviews provided insight into the reasonableness of EPA's estimates of the paperwork burden facilities incur when complying with the SPCC rule. The names, companies, and telephone numbers of these representatives are given below.

Peter Wolberg, Western Gas Resources, ( 303) 252 6105 Jerry Steckard, Hyperion Energy, ( 214) 750 3384 Joanne Lupa, Massachusetts Electric Co., ( 508) 482 1257 Kyle Mullens, Kaneb Pipe Line Partners, L. P., ( 972) 699 4062 Jim Baker, Colonial Group Inc., ( 912) 236 1331 Matt Yost, Martin Midstream Partners L. P., ( 903) 983 6200 Sally Rogers, Sinclair Oil Corp. Casper Refinery, ( 307) 265 2800 Block Andrews, Aquila, Inc., ( 816) 421 6600 Brad Bergman, Sun Ray Energy Co., ( 760) 254 3381 5 The nine facilities contacted were from the electric utility and petroleum industries and represented various facility sizes. Six of the nine contacts suggested the EPA hour and cost burden estimates to prepare and maintain an SPCC Plan used in the current ICR were reasonable. The other three contacts suggested the burden hour and cost estimates were low. More recently, several engineering firms were asked about the costs of preparing Plans and EPA updated these costs based on input from those companies ( see Section 6( a)).

3( d) Effects of Less Frequent Collection The SPCC rule requires the development and maintenance of SPCC Plans. In general, these Plans are not required to be submitted to EPA unless a facility is being inspected or if a Regional Administrator has other reasons to review a Plan. Section 112.4( a) requires that owners and operators submit only certain critical information regarding the discharge and corrective actions. In order to conduct proper follow up actions, as necessary, Agency personnel may request the Plan itself or access a copy of the entire SPCC Plan by visiting the facility. Because collection is not periodic, less frequent collection is not possible.

The owner or operator of a facility is required to review and evaluate the facility Plan every five years. EPA's experience in administering the SPCC Program indicates that updating Plans to reflect currently available and proven technology and techniques for preventing and controlling oil discharges every five years is sufficient given the degree to which such technologies and techniques evolve over time.

3( e) General Guidelines The information collection activities discussed in this ICR comply with the general Paperwork Reduction Act guidelines at 5 CFR 1320.5( d)( 2).

3( f) Confidentiality The nature of the data being gathered as part of this ICR is not confidential.

3( g) Sensitive Questions The information gathering activities discussed in this ICR do not involve sensitive questions.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED 4( a) Respondents/ NAICS Codes The industries that are likely to be covered by the SPCC rule fall into many North American Industrial Classification System ( NAICS) categories, including those associated with petroleum and non petroleum oil production, processing ( refining), distribution, storage, and consumption. EPA's recent study of the universe of regulated facilities determined that the majority of regulated facilities fall mainly into the industry sectors listed in Exhibit 1. 6 EXHIBIT 1 Primary Industry Sectors and NAICS Codes Covered by the SPCC Rule Industry Category NAICS Code( s)

Oil and Gas Extraction 211 Farms 111, 112 Electric Utility Plants 2211 Petroleum Refining and Related Industries 324 Chemical Manufacturing 325 Food Manufacturing 311, 312 Metal Manufacturing 331, 332 Other Manufacturing 31 33 Real Estate Rental and Leasing 531 533 Retail Trade 441 446, 448, 451 454 Contract Construction 23 Wholesale Trade 42 Other Commercial 492, 541, 551, 561 562 Transportation 481 488 Arts Entertainment & Recreation 711 713 Other Services ( Except Public Administration) 811 813 Education 611 Petroleum Bulk Stations and Terminals 4247 Hospitals & Other Health Care 621 624 Accommodation and Food Services 721, 722 Fuel Oil Dealers 45431 Gasoline Stations 4471 Information Finance and Insurance 51, 52 Mining 212, 213 Warehousing and Storage 493 Pipelines 4861, 4869 Government 92 4( b) Information Requested ( i) Data Items, Including Recordkeeping Requirements The primary data collection activities required by the SPCC rule are the preparation and maintenance of the SPCC Plan along with preparing records of inspections and tests. In preparing a Plan, a facility owner or operator must follow the provisions outlined in the regulation and include a discussion of the measures taken to meet the SPCC requirements. For 7 more detailed requirements, please refer to the Oil Pollution Prevention regulation itself and to the proposed amendments published on December 12, 2005 ( 70 FR 73524). For the reader's reference, the SPCC rule contained in 40 CFR part 112 is provided as an appendix to this document. Key provisions are summarized below.

C Potential equipment failure. Where experience indicates a reasonable potential for equipment failure ( e. g., tank overflow, rupture, or leakage), the Plan must include a prediction of the direction, rate of flow, and total quantity of oil that could be discharged from the facility as a result of each major type of equipment failure ( 40 CFR 112.7( b)).

C Containment and/ or diversion. Appropriate containment and/ or diversion structures or equipment must be provided to prevent a discharge ( 40 CFR 112.7( c)). The use of required preventive measures depends on whether a particular facility is onshore or offshore. For onshore facilities, the owner or operator must use one of the following preventive systems: dikes, berms, or retaining walls sufficiently impervious to contain oil; curbing; culverting, gutters, or other drainage systems; weirs, booms, or other barriers; spill diversion ponds; retention ponds; or sorbent materials. Where installation of these structures or equipment is determined by the owner or operator to be impracticable, a facility owner or operator must explain why, provide a contingency plan following 40 CFR part 109 ( or a Facility Response Plan), conduct periodic integrity testing of the containers and periodic integrity and leak testing of valves and piping, and provide a written commitment of the manpower, equipment, and materials required to expeditiously control and remove any harmful quantity of oil discharged ( 40 CFR 112.7( d)). The owner or operator of an offshore facility is subject to slightly different requirements due to the facility's unique configuration.

EPA is proposing to provide owners and operators of facilities with certain types of oilfilled operational equipment the option of preparing an oil spill contingency plan and a written commitment of manpower, equipment, and materials in lieu of providing secondary containment for qualified oil filled operational equipment, without making an individual impracticability determination as required in § 112.7( d). EPA is proposing to eliminate the current requirement for an individual impracticability determination for oilfilled operational equipment at a facility that has had no discharges as described in § 112.1( b) from any oil filled operational equipment during the ten years prior to the Plan certification date or, since becoming subject to the SPCC requirements if the facility has been in operation for less than ten years.

C Detailed requirements. In addition to the minimum prevention standards contained in 40 CFR 112.7( c), the Plan must include a discussion of the facility's conformance with more detailed and specific requirements concerning environmental equivalence determinations, facility diagrams, and discharge reporting information and procedures ( § 112.7( a)); personnel, training, and discharge prevention procedures ( § 112.7( f)); security ( § 112.7( g)); facility tank car and tank truck loading/ unloading rack ( excluding offshore facilities) ( § 112.7( h)); brittle fracture issues related to certain field constructed aboveground containers ( § 112.7( i)); and other applicable requirements ( § 112.7( j)). 8   Specific recordkeeping requirements. Every facility owner or operator must conduct inspections and tests required by 40 CFR part 112 in accordance with written procedures in the Plan and keep a record of the inspections and tests, signed by the appropriate supervisor or inspector, with the SPCC Plan for a period of three years. Records of inspections and tests kept under usual and customary business practices will suffice.

C Specific reporting requirements. If a facility owner or operator must submit its SPCC Plan to the Regional Administrator as the result of an oil discharge in accordance with § 112.4, the following information must be provided:

( 1) Name of the facility; ( 2) Name of the owner or operator; ( 3) Location of the facility; ( 4) Maximum storage or handling capacity of the facility and its normal daily throughput; ( 5) The corrective action or countermeasures taken, including an adequate description of equipment repairs and/ or replacements; ( 6) Description of the facility including maps, flow diagrams, and topographic maps; ( 7) Cause( s) of the spill, including a failure analysis of the system or subsystem in which the failure occurred; ( 8) Additional preventive measures taken or contemplated to minimize the possibility of recurrence; and ( 9) Such other information as the Regional Administrator may reasonably require pertinent to the Plan or to the spill event.

In addition, a facility owner or operator must update his or her Plan as necessary, following a modification in the facility's design or operations that materially affects its potential for a discharge and following its five year review.

( ii) Respondent Activities The Oil Pollution Prevention regulation requires an owner or operator to conduct the following compliance activities:

C Prepare an SPCC Plan ( 40 CFR 112.3( b) and 112.7);

C Maintain the SPCC Plan and keep records ( 40 CFR 112.3 and 112.7( e));

C Revise the SPCC Plan following a material modification of the facility ( 40 CFR 112.5( a)); and C Conduct a review of the SPCC Plan ( 40 CFR 112.5( b)).

Each of these compliance activities is summarized in more detail below: 9 Prepare an SPCC Plan The owner or operator of a new facility must prepare and implement an SPCC Plan in accordance with the guidelines set forth in 40 CFR part 112 before beginning operations. The actual preparation of the Plan involves several separate tasks, the majority of which are conducted by the facility's technical personnel. These tasks include:

C Field investigations, which are conducted by technical personnel to fully understand the design of the facility and to accurately predict the areas or equipment most likely to discharge oil ( this involves predicting the flow paths of spilled oil);

C A regulatory review conducted by management personnel, such that the technical and clerical personnel in charge of actually preparing the Plan are fully aware of all requirements in 40 CFR part 112;

C A review of existing procedures conducted by technical personnel to determine the effectiveness of the current spill prevention and control practices employed by the facility;

C Preparation of the Plan, which involves both technical and clerical time, as well as a final review by facility management personnel prior to completion; and C Certification by a licensed Professional Engineer ( PE), which must be conducted for each new Plan. Technical amendments to a Plan must also be re certified by a PE.

EPA is proposing to provide streamlined requirements for facilities that meet a set of specified qualifying criteria. Owners and operators of qualified facilities would have the option to self certify that their SPCC Plan complies with 40 CFR part 112, in lieu of having a Professional Engineer ( PE) review and certify their Plan. EPA is proposing that an SPCC regulated facility must meet the following criteria to qualify for this reduced burden option: ( 1) total facility oil storage capacity of 10,000 gallons or less; and ( 2) no reportable discharge of oil during the ten years prior to self certification or since becoming subject to SPCC requirements if the facility has been in operation for less than ten years. Owners and operators of qualified facilities choosing this option may not deviate from any requirement of the SPCC rule under § 112.7( a)( 2) and may not make impracticability determinations as described under § 112.7( d), although flexibility for the security requirements and container integrity testing would be available.

Maintain the SPCC Plan and keep records Section 112.3 requires the owner or operator to maintain a copy of the SPCC Plan at the facility, if the facility is normally attended for at least four hours per day or, if not, at the nearest field office. The Plan must be available to the Regional Administrator for review during normal working hours ( 40 CFR 112.3( e)). In addition, as described in section 4( b)( i) of this document, a facility owner or operator is required to maintain ( and update) Plan specific records as outlined under § 112.7( e). Plan maintenance and recordkeeping activities are estimated to involve 10 almost entirely technical personnel time, although a small amount of clerical personnel time may also be required for these activities.

Submit information in the event of certain discharges of oil In the event of certain discharges of oil into navigable waters, a facility owner or operator must submit information described in § 112.4( a) to the Regional Administrator within 60 days. A discharge of oil occurring within any 12 month period that triggers the § 112.4 reporting requirements is:

( 1) A single discharge as described in § 112.1( b) of more than 1,000 U. S. gallons into or upon navigable waters; or ( 2) Two or more discharges as described in § 112.1( b), each of which is over 42 U. S. gallons, into or upon navigable waters.

Submission of information after a discharge of oil is estimated to involve both technical personnel time for collecting the required information, as well as time for review by management personnel before the information is submitted. Section 112.4( c) also requires that the facility owner or operator submit a copy of this information to the state agency in charge of oil pollution control activities for the area in which the facility is located. The Regional Administrator may require the owner or operator of the facility to amend the SPCC Plan to prevent and contain discharges from the facility. Such amendments, if uncontested by the facility owner or operator, must become part of the Plan thirty days after the Regional Administrator responds to the facility owner or operator concerning the proposed amendments. The amended Plan must then be certified by a PE prior to implementation. As required by § 112.4( e), amendments to the Plan must be implemented as soon as possible, but no later than six months after the amendments become part of the Plan. Section 112.4( f) allows a facility owner or operator to appeal a decision made by the Regional Administrator requiring a Plan amendment.

Revise the SPCC Plan following modification of the facility Section 112.5( a) requires the facility owner or operator to amend his Plan in accordance with § 112.7 whenever there is a change in the facility's design, construction, operation, and maintenance that materially affects the facility's potential to discharge oil into navigable waters. Such facility changes may include the addition of a new or rebuilt container; a change in the service of a container; any physical changes or improvements to the facility; or, the construction of a new well and associated piping. The activities to amend the SPCC Plan as a result of these facility changes are estimated to involve mostly facility technical personnel time, as well as some clerical time. The amended Plan must also be certified by a PE prior to implementation. Such amendments to the SPCC Plan must be implemented as soon as possible, but not later than six months after the change occurs.

Review the SPCC Plan An owner or operator of an SPCC regulated facility is required to review and evaluate his/ her Plan at least once every five years. This review is estimated to involve mostly technical personnel time to review spill prevention and control procedures being implemented under the 11 current Plan, as well as a regulatory review involving management personnel time. Clerical personnel time is also involved to complete necessary paperwork. An owner or operator is required to amend his SPCC Plan within six months of the review to include more effective prevention and control technology if: ( 1) such technology will significantly reduce the likelihood of a discharge as described in § 112.1( b) from the facility; and ( 2) such technology has been field proven at the time of the review. Any technical amendments to the Plan must also be certified by a PE prior to implementation. Review cost estimates are generated in this ICR for an existing facility only, since a new facility that becomes operational after the beginning of the ICR approval period would not be required to conduct its review until after the three year period covered by this ICR expires.

5. INFORMATION COLLECTED  AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 5( a) Agency Activities In the event that an SPCC regulated facility discharges more than 1,000 gallons of oil into or upon the navigable waters of the United States in a single discharge as described in § 112.1( b), or discharges more than 42 U. S. gallons of oil in each of two discharges as described in § 112.1( b) within any 12 month period, EPA is required to review the information submitted to it by the facility under 40 CFR 112.4( a), including the necessity to:

C Review facility characteristics;

C Review the cause of the discharge;

C Require any necessary amendments to the Plan to prevent and contain discharges from the facility; and C Adjudicate any appeal of a final decision requiring an amendment.

In addition, while not required by the SPCC rule, EPA also conducts routine inspection, enforcement, and outreach activities as part of administering this program. Inspections may occur either after a discharge as part of the review of the submitted spill notification report or on a periodic basis.

5( b) Collection Methodology and Management The Oil Pollution Prevention regulation allows Plans to be tailored to the unique characteristics of the facility. Due to the wide range of types and sizes of facilities subject to the regulation, EPA does not prescribe any specific information management technique or technology in preparing and maintaining SPCC Plans or records. The regulation allows flexibility in Plan preparation and recordkeeping by defining " SPCC Plan" in a way that allows the use of additional, appropriately cross referenced formats. Greater flexibility is also provided for facility recordkeeping practices, as records kept under normal business practices, such as those required pursuant to the NPDES program and API Standards, may satisfy certain SPCC recordkeeping requirements.

EPA remains amenable to the development and use of more flexible and user friendly means of writing and maintaining SPCC Plans, such as electronic programs, provided the Plans continue 12 to provide the required information and meet the administrative requirements listed in the SPCC rule. Whatever medium is used, the Plan must also be readily accessible to response personnel in an emergency. For example, a Plan might be electronically produced, but computers can fail and may not be operable during an emergency. For an electronic Plan, therefore, a backup copy must be readily available in another medium. " Accessibility" also includes a requirement that the Plan be written in English so that it will be readily understood.

EPA maintains the information submitted by facilities following certain oil discharges to the regional offices to support ongoing program activities such as targeting inspections as well as to support response operations during spills. However, EPA does not collect SPCC Plans or related records from facilities on a routine basis.

5( c) Small Entity Flexibility In 2002, EPA promulgated revisions to the SPCC rule that provided benefits for small entities in several ways. First, EPA no longer regulates a facility having a single container with an aboveground storage capacity greater than 660 gallons, but aggregate aboveground capacity of 1,320 gallons or less of oil. Second, EPA no longer regulates, under part 112, a completely buried container that is subject to all of the technical requirements of 40 CFR part 280 or a state program approved under 40 CFR part 281. Third, the 2002 rule includes a de minimis container size of less than 55 gallons. As a result, containers less than 55 gallons are no longer included in a facility's aboveground total storage or use capacity calculation and no longer need to be discussed in the SPCC Plan. Fourth, EPA no longer regulates wastewater treatment facilities or parts thereof ( except at oil production, oil recovery, and oil recycling facilities) used exclusively for wastewater treatment and not used to meet any other requirement of part 112. Fifth, the definition of " SPCC Plan" was modified to allow the use of additional, appropriately crossreferenced formats that would encourage all regulated facilities, including smaller facilities, to take advantage of similar planning efforts conducted pursuant to state or other federal standards. The revisions, targeted towards reducing the recordkeeping burden to facilities, also decreased the burden to smaller facilities.

EPA is proposing to further reduce the burden of the SPCC regulation, with expected benefits for small entities. For example, proposed revisions to the SPCC rule would 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 would no longer need a licensed PE to certify their Plans. The proposed revisions to the SPCC rule also would 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 would no longer be regulated, while other facilities with oil storage in addition to motive power containers may incur lower compliance costs. The proposed rule would also allow airport refueler trucks to fall under a facility's general containment requirements rather than require sized secondary containment. Under the proposal, SPCC requirements would be suspended for farms with an oil storage capacity of 10,000 gallons or less . In addition, the proposed rule would remove certain provisions related to animal fat and vegetable oils facilities because these provisions do not apply. 13 5( d) Collection Schedule The SPCC rule does not require a specific collection schedule. However, a facility owner or operator must prepare, amend, and implement its SPCC Plan according to the compliance deadlines in § § 112.3( a), ( b), and ( c). As amended on February 17, 2006 ( 71 FR 8462), the SPCC rule requires an owner or operator of a regulated onshore or offshore facility that: ( 1) was in operation on or before August 16, 2002, and could reasonably be expected to have a discharge as described in 40 CFR 112.1( b), maintain his or her Plan, but amend it, if necessary to ensure compliance, by October 31, 2007, and implement the amended Plan by October 31, 2007; ( 2) becomes operational after August 16, 2002, through October 31, 2007, and could be expected to have a discharge as described in 40 CFR 112.1( b), must prepare and implement a Plan by October 31, 2007; and ( 3) becomes operational after October 31, 2007, and could reasonably be expected to have a discharge as described in 40 CFR 112.1( b), must prepare and implement a Plan before it begins operations. A regulated onshore or offshore mobile facility owner or operator must amend his or her Plan, if necessary, and implement such amendments by October 31, 2007.

The owner or operator must review the SPCC Plan once every five years. A periodic review is necessary to ensure that SPCC Plans reflect currently available and proven technology and techniques for preventing and controlling oil discharges.

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION 6( a) Burden and Cost Methodology and Assumptions Facility Characteristics For the purpose of this analysis, EPA divided regulated facilities into four size categories based on aggregate oil storage capacity ( see Exhibit 2). These size categories help to ( 1) account for differences in the potential compliance costs experienced by facilities of different sizes and ( 2) determine the number of facilities affected by each of the proposed changes in the rule based on facility= s storage capacity.

EXHIBIT 2 SPCC Regulated Facility Size Categories Size Category Aggregate Capacity I 1,320 to 10,000 gallons II 10,001 to 42,000 gallons III 42,001 to 1 million gallons IV greater than 1 million gallons For the purposes of this ICR, facilities are also grouped into two categories: production facilities ( facilities whose operations primarily involve oil production) and storage facilities ( all other industry groups). This categorization of facilities reflects differences in the estimated burden of compliance activities depending on the nature of the facility's operations. 14 In addition, facilities are divided into existing and new facilities, to reflect the differences in compliance activities between these two groups. Existing facilities include facilities that initiated operations prior to initiation of this ICR. All facilities in operation at the start of this ICR period are assumed to have prepared their SPCC Plans. Consequently, existing facilities are assumed to have incurred all costs associated with initially preparing and implementing their SPCC Plans, but some are expected to incur costs to perform a technical five year review, revise their SPCC Plan, submit information in the event of certain oil discharges, and maintain the Plan and keep records. New facilities include those facilities that will initiate operations during the ICR period. For the purpose of this analysis, new facilities become existing facilities after the first year of operation.

Lastly, Category I facilities are divided into those that may take advantage of EPA's proposed streamlined option for qualified facilities and those that may not. For this analysis, EPA assumed that 50 percent of Category I facilities with the aggregate storage capacity less than or equal to 10,000 gallons would be qualified facilities ( see Section 5 ( c) for the description of the proposed changes to the rule). The other 50 percent of Category I facilities and all facilities of Category II through IV are non qualified.

Estimating Burden of SPCC Plan Per facility burden hour estimates are based primarily on analyses by staff at ABB Environmental Services, who were experienced in preparing SPCC Plans. These estimates were developed for production and storage facilities of various sizes, and for clerical, technical/ engineering, and management hours. The burden included new Plan preparation ( site work, regulatory review, review of existing procedures, formulating new procedures, preparing the Plan, and PE review); Plan modification ( site work, regulatory review, review of existing procedures, formulating new or changed procedures or recommendations, preparing the amendment, and PE review); formal review ( site work, regulatory review, review of existing procedures, preparing the review report, and PE review); submittal of information after a discharge; and recordkeeping requirements ( maintaining the Plan, records of inspections, and records of equipment maintenance).

EPA reviewed these estimates with EPA regional personnel involved with the SPCC program, and on several occasions EPA has solicited public comment concerning the burden estimates. No commenter has provided more complete data on the annual burden for required information collection activities for typical facilities. EPA has also consulted with contacts from facilities affected by SPCC requirements ( see Section 3( c) of this document), as well as with engineering firms that prepare SPCC Plans, and determined that its burden hour estimates are reasonable.

Estimating Facility Labor Costs To determine the per facility costs for typical new and existing respondents in each facility size category, unit time estimates for management, technical, and clerical personnel were multiplied by the hourly wage rate for each labor category and were then added to capital and Operating and Maintenance ( O& M) costs. 15 The labor wage rates for private industry were derived from the September 2005 U. S. Department of Labor's Employment Cost Indexes and Levels. 3 The 2005 wage rates include wages and salaries; benefit costs, including paid leave, supplemental pay, insurance, retirement and savings, legally required benefits, severance pay, and supplemental unemployment benefits. These wage rates reflect private industry averages, which were estimated by the Bureau of Labor Statistics ( BLS) based on a survey of 35,600 occupations within 8,200 establishments in the private sector. These wage rates reflect industry averages, which may underestimate the actual wages received by some SPCC regulated facility personnel but overestimate the actual wage rate received by other facility personnel. EPA further adjusted these rates to reflect associated overhead costs. 4 The estimated wage rates used in the analysis are:

  Management: $ 55.73/ hour;   Technical: $ 47.91/ hour; and   Clerical: $ 25.31/ hour.

Overhead rates can be calculated using various formulas. To see how overall costs might change under different overhead loading rate assumptions, EPA calculated alternative overhead rates based on recommendations in Estimating Costs for the Economic Benefits of RCRA Noncompliance ( September 1997). This document suggests that labor overhead and profit can be estimated at 50 to 100 percent of the base salary and fringe benefit costs. EPA estimated that raising the overhead rate to 50 percent would increase the wages listed above by 28 percent. If a 100 percent overhead rate were used, these wages would increase by 71 percent. The 50 percent and 100 percent alternatives may be high because the rates include profit as well as overhead. The appropriate overhead loading rate is highly dependent on not only the industry in question, but also individual businesses. The alternative rates are explored in the discussion of total respondent costs in Section 6( e) of this document.

Estimating Burden of Oil Spill Contingency Plan For this ICR, EPA developed a unit cost estimate for preparing an oil spill contingency plan, to evaluate the potential impacts of proposed revisions to the SPCC rule. EPA assumed that the activities associated with preparing a contingency plan are similar to those required by a Facility Response Plan ( FRP). Therefore, the hour and cost burden estimates associated with preparing a contingency plan are based on burden estimates developed for an FRP. 5 EPA assumed that the following elements would be included in the oil spill contingency plan preparation:

$ Emergency Response;

$ Hazard Evaluation;

3 United States Department of Labor, Bureau of Labor Statistics, Employer Costs for Employee Compensation, December 2005.

4 Overhead costs were computed separately from BLS data and were assumed to be an additional 17 percent of the total wage rate, which is composed of direct wages and salaries and employee benefits, as reported by BLS.

5 For details, see A Regulatory Impact Analysis of Revisions to the Oil Pollution Prevention Regulation ( 40 CFR 112) to Implement the Facility Response Planning Requirements of the Oil Pollution Act of 1990". 16 $ Discussion of Spill Scenarios;

$ Discharge Detection;

$ Plan Implementation.

Since an FRP is more complex than an oil spill contingency plan, the FRP cost estimates were adjusted downward to estimate the burden for the contingency plan. The cost associated with each of these elements was assumed to be half the FRP cost ( except for discharge detection, which was assumed to be the same). The cost estimates were inflated to 2005 dollars using the Bureau of Labor Statistics= Producer Production Index. The typical annual cost of preparing an oil spill contingency plan is estimated at $ 818.

EPA assumed that the fraction of managerial, technical, and clerical time of the total labor burden associated with a contingency plan is the same as that for preparing a new SPCC Plan. Exhibit 3 presents the hour and cost burden estimated for a typical oil spill contingency plan.

EXHIBIT 3 Estimated Cost of Preparing a Typical Contingency Plan Burden Annual ( hours) Activity Management ($ 55.73/ hr) Technical ($ 47.91/ hr) Clerical ($ 25.31/ hr) Total Annual Cost Prepare a Contingency Plan 2.5 12.2 3.7 18.4 $ 818 Estimating Capital Costs EPA estimates that facilities would incur small capital costs in complying with the SPCC requirements to maintain the Plan and keep records ( 40 CFR 112.3 and 112.7( e)) and to submit required information in the event of certain discharges of oil ( 40 CFR 112.4). EPA estimates that to maintain files, new facilities would purchase file cabinets at a cost of $ 200. In the event of certain discharges, the owner or operator is required to submit information to the Regional Administrator and the state agency in charge of oil pollution control activities for the area in which it is located. Consequently, the owner or operator would incur costs for photocopying and postage. For costing purposes, EPA assumes that facilities would submit no more than 10 pages for a small facility; 20 pages for a medium facility; and 40 pages for a large facility. Assuming the cost of photocopying to be $ 0.11 per page, photocopying costs are estimated to be $ 2.20 for a small facility; $ 4.40 for a medium facility; and $ 8.80 for a large facility, respectively. EPA estimates that the cost to submit the information through the Post Office is approximately $ 12.00, based on the cost to mail a two pound package to two different recipients. Because only 0.15 percent of facilities are expected to incur oil discharges that trigger an information submission, the annual capital costs to a typical facility are negligible. A facility is not expected to incur any other capital related costs to respond to this information collection request. 17 Estimating Operating and Maintenance ( O& M) Costs Some facilities are expected to incur O& M costs associated with retaining a PE to certify their SPCC Plans, along with any subsequent technical amendments that are made to the Plan. In certifying the Plan, the engineer attests to have examined the facility and that the Plan has been prepared in accordance with good engineering practices that satisfy the SPCC requirements found in 40 CFR part 112. Furthermore, whenever an owner or operator amends its SPCC Plan, a PE must certify any technical amendment.

Not all facilities are expected to contract with a PE to have their Plan certified. Some facilities have in house PEs that can perform this task. EPA assumed that the cost to a facility to retain an outside PE to certify the SPCC Plan varies by the size of the facility. EPA assumed that Category I and Category II facilities do not have an in house PE who can certify a facility's Plan and that these facilities would retain an outside PE. EPA assumed that 50 percent of the Category III facilities and 25 percent of the Category IV facilities would retain an outside PE to certify their SPCC Plans. The greater use of outside PEs by the smaller facilities ( Category I and II) results in a higher average cost for Plan preparation activities at these facilities compared to Category III facilities and a similar cost compared to Category IV facilities. EPA plans to re evaluate these assumptions before finalizing the rule.

EPA revised the cost estimate developed for the 2002 final rule for obtaining PE certification of a new SPCC Plan and technical changes to an existing Plan. 6 Exhibit 4 summarizes the expected cost facilities of different sizes to retain a PE and to have a PE certify a new Plan, as well as any subsequent amendments.

EXHIBIT 4 Cost to Facilities to Retain an Outside PE for Certification7 Size Category New Plan Amendments I and II $ 2,000 $ 750 III $ 2,550 $ 1,030 IV $ 3,110 $ 1,310 6( b) Burden and Cost per Facility This section discusses the potential paperwork related burden and costs to both existing and new facilities under the proposed amendments to the SPCC rule. For existing facilities, this section details unit cost estimates for the following categories: five year review  § 112.5( b); information submission in the event of certain oil discharges  § 112.4( c); Plan modification  § 112.5( a); technical amendments  § 112.5( c); Plan amendment  § 112.4( d); and recordkeeping. For newly regulated facilities, this section describes the following unit cost categories: SPCC 6 The revised estimates are based on findings from discussions with several engineering firms.

7 The cost to facilities to retain an outside PE for certification were adjusted and rounded to the nearest $ 10 in this ICR for inflationary changes using the Producer's Price Index for August 2005, found in the annual Economic Report of the President. 18 Plan preparation  § 112.3( a); oil spill contingency plan preparation; information submission in the event of certain oil discharges  § 112.4( c); Plan modification  § 112.5( a); technical amendments  § 112.5( c); Plan amendment  § 112.4( d); and recordkeeping. In Exhibits 5 through 8 and 12 through 15, the activity called " Revise the SPCC Plan" includes all changes to the Plan, whether in response to § 112.5( a) or ( c) or § 112.4( d). Revisions resulting from the five year review are captured under " Review the SPCC Plan".

EPA assumes that owners or operators of all facilities will comply with rule deadlines. Plan preparation costs affect new facilities that become subject to the SPCC rule. New facilities include those facilities that will initiate operations during the ICR period. Owners or operators of new facilities are assumed to incur the total cost of preparing a Plan in Year 1. In addition to preparing or reviewing SPCC Plans, owners or operators of all new and existing facilities will incur costs to prepare and maintain records.

EPA assumes that the formal five year review of SPCC Plans will affect one fifth of all existing facilities annually. In other words, owners or operators of one fifth of all existing facilities will undergo their formal five year review of their Plans in each year of the ICR period. The total cost incurred by existing facilities for this review is greater if, following the review, the facility owner or operator must amend his or her Plan. EPA estimates that three percent of existing facilities will require a Plan amendment as a result of the five year review.

Owners or operators of some new and existing facilities will submit information as a result of discharging oil and others will need to revise their Plan during the ICR period. Based on spill data obtained from the Emergency Response Notification System database, EPA estimates that owners or operators of approximately 0.15 percent of all facilities will incur costs each year due to reporting requirements related to certain oil discharges ( see § 112.4( a)). In addition, EPA currently assumes that 10 percent of all facilities, whether new or existing and regardless of size, will revise their Plan each year to address § 112.5( a) or ( c) or § 112.4( d). EPA plans to reevaluate this assumption for the final rule, given that EPA would expect different types of facilities to revise their SPCC Plans at different times and for different reasons.

Exhibits 5 through 8 summarize the average costs for facilities of different sizes, accounting for the probability that certain facilities will incur those costs ( e. g., five year reviews affect one fifth of existing facilities) and for the estimated overlap between federal and state requirements. The state overlap assumptions are described in the economic analysis for the 2002 final rule. 8 Each state has its own regulations regarding the storage, handling, and containment of oil. In some cases, the effort required by these state regulations may be the same as what is required by SPCC. Overall, in 2002 EPA found that 5.9 percent of facilities are in states with complete overlap; about 5.6 percent of facilities in states with substantial overlap; and about 5.7 percent of facilities in states with partial overlap. To develop the burden estimates, EPA multiplied the hours burden by both the percentage of facilities in each overlap category and the degree of overlap ( i. e., 100 percent for complete overlap, 75 percent for substantial overlap, and 50 percent for partial overlap). As part of the economic analysis for the current SPCC proposed rulemaking, EPA studied the overlap of state regulations to determine whether to adjust the 8 U. S. Environmental Protection Agency, " Economic Analysis For The Final Revisions To The Oil Pollution Prevention Regulation ( 40 CFR part 112)," May 2002. 19 estimate to account more accurately for recent changes in state requirements and/ or refine the previously generated estimates. As a result of this review, EPA concluded that there was noncompelling evidence to adjust the current overlap estimate between the SPCC proposed rule and state regulations.

Total Annual Burden per Average Respondent Once the individual burden hours estimates are determined for each compliance activity undertaken by the average facility in each size category, the total annual burden estimate is obtained by summing the unit estimates for all compliance activities. The annual burden for an average facility differs for each size category based on the assumed differences in the complexity of the facility and its operations. The estimated annual burden hours for an average respondent in each size category for existing and new facilities are presented in Exhibits 5, 6, 7, and 8. Because of the proposed amendments to the SPCC rule, paperwork related burden would be different for qualified and non qualified facilities.

Total Annual Cost per Average Respondent In estimating the per respondent costs for both existing and new facilities in each size category, EPA calculates the unit cost for each compliance activity performed by the average respondent facility. These average per facility costs are shown in the right hand column of Exhibits 5, 6, 7, and 8. To estimate the cost for each compliance activity performed by the average respondent facility in each size category under the proposed rule, unit time estimates for management, technical, and clerical personnel were multiplied by the hourly wage rate for each labor category and were then added to capital and O& M costs. For the average existing facility, following are the estimated total annual costs for all information collection activities required by the regulation:

  Category I ( qualified): $ 152 per facility;   Category I and II ( non qualified): $ 225 per facility;   Category III: $ 209 per facility; and   Category IV: $ 351 per facility.

For the average new facility, following are the estimated total annual costs for all information collection activities required by the regulation:

  Category I ( qualified): $ 1,990 per facility;   Categories I and II ( non qualified): $ 3,870 per facility;   Category III: $ 3,480 per facility; and   Category IV: $ 3,630 per facility.

Estimated annual costs for new facilities are higher than those for existing facilities because of the greater expenses associated with preparing a new SPCC Plan and oil spill contingency plan. 20 EXHIBIT 5 Annual Burden and Unit Costs for All Required Information Collection Activities Average Category I Facility ( Qualified)

Annual Burden Hours1 Activity Management ($ 55.73/ hr) Technical ($ 47.91/ hr) Clerical ($ 25.31/ hr) Total Burden Hours Capital/ Startup Costs O& M Costs Annual Cost2 Existing Facilities Review the SPCC Plan 0.2 0.6 0.1 0.9 $ 0 $ 0 $ 43 Submit Information in the Event of Certain Discharges of Oil 3 0.0 0.0 0.0 0.0 $ 0 $ 0 $ 0 Revise the SPCC Plan 0.0 0.4 0.1 0.5 $ 0 $ 0 $ 22 Maintain the SPCC Plan and Keep Records 0.0 1.6 0.5 2.0 $ 0 $ 0 $ 88 TOTAL 0.2 2.6 0.7 3.5 $ 0 $ 0 $ 152 New Facilities Prepare an SPCC Plan 5.4 22.6 3.6 31.7 $ 0 $ 0 $ 1,477 Prepare a Contingency Plan 1.0 4.9 1.5 7.4 $ 0 $ 0 $ 330 Submit Information in the Event of Certain Discharges of Oil 3 0.0 0.0 0.0 0.0 $ 0 $ 0 $ 0 Revise the SPCC Plan 0.0 0.4 0.1 0.5 $ 0 $ 0 $ 22 Maintain the SPCC Plan and Keep Records 0.0 1.6 0.5 2.0 $ 76 $ 0 $ 164 TOTAL 6.4 29.5 5.7 41.6 $ 76 $ 0 $ 1,990 1 Unit burdens are weighted averages, rounded to the nearest tenth of an hour, based on the distribution of storage and production facilities and the number of facilities estimated to perform each activity during the one year period. The numbers in this exhibit may not add precisely due to rounding.

2 Annual costs are rounded to the nearest dollar.

3 The unit burden for a facility that needs to submit information because of a discharge is estimated to be one hour of management labor and one hour of technical labor, resulting in a total unit cost of $ 104. Because only 0.15 percent of all facilities are expected to meet the discharge criteria and submit information, the average unit burden is less than 0.1 hours, and is therefore indicated here as 0. However, the actual unit burden and cost estimates are used in later calculations. 21 EXHIBIT 6 Annual Burden and Unit Costs for All Required Information Collection Activities Average Category I ( Non Qualified) and Category II Facility Annual Burden Hours1 Activity Management ($ 55.73/ hr) Technical ($ 47.91/ hr) Clerical ($ 25.31/ hr) Total Burden Hours Capital/ Startup Costs O& M Costs Annual Cost2 Existing Facilities Review the SPCC Plan 0.2 0.6 0.1 0.9 $ 0 $ 5 $ 47 Submit Information in the Event of Certain Discharges of Oil 3 0.0 0.0 0.0 0.0 $ 0 $ 0 $ 0 Revise the SPCC Plan 0.0 0.4 0.1 0.5 $ 0 $ 68 $ 90 Maintain the SPCC Plan and Keep Records 0.0 1.6 0.5 2.0 $ 0 $ 0 $ 88 TOTAL 0.2 2.6 0.7 3.5 $ 0 $ 72 $ 225 New Facilities Prepare an SPCC Plan 5.4 22.6 3.6 31.7 $ 0 $ 1,809 $ 3,286 Prepare a Contingency Plan 1.0 4.9 1.5 7.4 $ 0 $ 0 $ 330 Submit Information in the Event of Certain Discharges of Oil 3 0.0 0.0 0.0 0.0 $ 0 $ 0 $ 0 Revise the SPCC Plan 0.0 0.4 0.1 0.5 $ 0 $ 68 $ 90 Maintain the SPCC Plan and Keep Records 0.0 1.6 0.5 2.0 $ 76 $ 0 $ 164 TOTAL 6.4 29.5 5.7 41.6 $ 76 $ 1,880 $ 3,870 1 Unit burdens are weighted averages, rounded to the nearest tenth of an hour, based on the distribution of storage and production facilities and the number of facilities estimated to perform each activity during the one year period. The numbers in this exhibit may not add precisely due to rounding.

2 Annual costs are rounded to the nearest dollar.

3 The unit burden for a facility that needs to submit information because of a discharge is estimated to be one hour of management labor and one hour of technical labor, resulting in a total unit cost of $ 104. Because only 0.15 percent of all facilities are expected to meet the discharge criteria and submit information, the average unit burden is less than 0.1 hours, and is therefore indicated here as 0. However, the actual unit burden and cost estimates are used in later calculations. 22 EXHIBIT 7 Annual Burden and Unit Costs for All Required Information Collection Activities Average Category III Facility Annual Burden Hours1 Activity Management ($ 55.73/ hr) Technical ($ 47.91/ hr) Clerical ($ 25.31/ hr) Total Burden Hours Capital/ Startup Costs O& M Costs Annual Cost2 Existing Facilities Review the SPCC Plan 0.2 1.0 0.2 1.4 $ 0 $ 3 $ 68 Submit Information in the Event of Certain Discharges of Oil 3 0.0 0.0 0.0 0.0 $ 0 $ 0 $ 0 Revise the SPCC Plan 0.0 0.3 0.1 0.4 $ 0 $ 39 $ 57 Maintain the SPCC Plan and Keep Records 0.0 1.5 0.4 1.9 $ 0 $ 0 $ 84 TOTAL 0.2 2.9 0.7 3.8 $ 0 $ 42 $ 209 New Facilities Prepare an SPCC Plan 4.5 33.3 4.5 42.4 $ 0 $ 966 $ 2,932 Prepare a Contingency Plan 1.0 4.9 1.5 7.4 $ 0 $ 0 $ 330 Submit Information in the Event of Certain Discharges of Oil 3 0.0 0.0 0.0 0.0 $ 0 $ 0 $ 0 Revise the SPCC Plan 0.0 0.3 0.1 0.4 $ 0 $ 39 $ 57 Maintain the SPCC Plan and Keep Records 0.0 1.5 0.4 1.9 $ 76 $ 0 $ 160 TOTAL 5.6 40.2 6.5 52.2 $ 76 $ 1,000 $ 3,480 1 Unit burdens are weighted averages, rounded to the nearest tenth of an hour, based on the distribution of storage and production facilities and the number of facilities estimated to perform each activity during the one year period. The numbers in this exhibit may not add precisely due to rounding.

2 Annual costs are rounded to the nearest dollar.

3 The unit burden for a facility that needs to submit information because of a discharge is estimated to be one hour of management labor and one hour of technical labor, resulting in a total unit cost of $ 104. Because only 0.15 percent of all facilities are expected to meet the discharge criteria and submit information, the average unit burden is less than 0.1 hours, and is therefore indicated here as 0. However, the actual unit burden and cost estimates are used in later calculations. 23 EXHIBIT 8 Annual Burden and Unit Costs for All Required Information Collection Activities Average Category IV Facility Annual Burden Hours1 Activity Management ($ 55.73/ hr) Technical ($ 47.91/ hr) Clerical ($ 25.31/ hr) Total Burden Hours Capital/ Startup Costs O& M Costs Annual Cost2 Existing Facilities Review the SPCC Plan 0.2 1.6 0.2 2.1 $ 0 $ 2 $ 97 Submit Information in the Event of Certain Discharges of Oil 3 0.0 0.0 0.0 0.0 $ 0 $ 0 $ 0 Revise the SPCC Plan 0.0 0.3 0.1 0.4 $ 0 $ 22 $ 38 Maintain the SPCC Plan and Keep Records 0.0 4.3 0.3 4.7 $ 0 $ 0 $ 216 TOTAL 0.2 6.3 0.6 7.1 $ 0 $ 24 $ 351 New Facilities Prepare an SPCC Plan 4.0 50.6 5.3 59.9 $ 0 $ 517 $ 3,298 Prepare a Contingency Plan 0.0 0.0 0.0 0.0 $ 0 $ 0 $ 0 Submit Information in the Event of Certain Discharges of Oil 3 0.0 0.0 0.0 0.0 $ 0 $ 0 $ 0 Revise the SPCC Plan 0.0 0.3 0.1 0.4 $ 0 $ 22 $ 38 Maintain the SPCC Plan and Keep Records 0.0 4.3 0.3 4.7 $ 76 $ 0 $ 292 TOTAL 4.0 55.2 5.7 64.9 $ 76 $ 539 $ 3,630 1 Unit burdens are weighted averages, rounded to the nearest tenth of an hour, based on the distribution of storage and production facilities and the number of facilities estimated to perform each activity during the one year period. The numbers in this exhibit may not add precisely due to rounding.

2 Annual costs are rounded to the nearest dollar.

3 The unit burden for a facility that needs to submit information because of a discharge is estimated to be one hour of management labor and one hour of technical labor, resulting in a total unit cost of $ 104. Because only 0.15 percent of all facilities are expected to meet the discharge criteria and submit information, the average unit burden is less than 0.1 hours, and is therefore indicated here as 0. However, the actual unit burden and cost estimates are used in later calculations. 24 6( c) Estimating Agency Burden and Costs EPA incurs costs associated with the evaluation of information submitted in accordance with § 112.4 as well as consideration of appeals. This section summarizes the estimated burden and cost of these activities to EPA. Burden estimates are based on input from EPA regional staff involved directly with the implementation of 40 CFR part 112. Exhibit 9 shows the total burden and labor cost to EPA. EPA assumed that 0.15 percent of regulated facilities would submit information to EPA for review.

EPA labor costs are based on the 2006 General Schedule ( GS) pay schedule. EPA estimates an average hourly labor cost ( labor plus overhead) of $ 58.23 for managerial staff ( GS 13, Step 5), and $ 40.86 for technical staff ( GS 11, Step 5). To derive hourly estimates, EPA divided annual compensation estimates by 2,080, which represents the number of hours in the federal work year. EPA then multiplied hourly rates by the standard government overhead factor of 1.6. Unit costs were calculated as unit time estimates multiplied by the hourly labor rates for EPA personnel.

EXHIBIT 9 Estimated Annual Burden and Cost to EPA Burden Hours Activity Managerial ($ 55.73) Technical ($ 47.91) Clerical Total Total Cost Plans Evaluation 720 7,196 0 7,915 $ 335,918 Review of Comments 360 360 0 720 $ 35,652 Consideration of Appeals 576 0 0 576 $ 33,522 Total 1,650 7,550 0 9,210 $ 405,000 Note: Totals are rounded to three significant figures.

6( d) Estimating the Respondent Universe This section describes the universe of facilities subject to current and proposed SPCC regulations. Estimating the number of regulated entities is not straightforward. The SPCC rule does not include a notification requirement and, with certain exceptions, owners and operators do not submit their SPCC Plans to EPA.

Previously Developed Estimates In 1991, EPA published the " Spill Prevention, Control, and Countermeasures Facilities Study," which summarized information on small, medium, and large facilities in 16 industry sectors that store oil aboveground and underground. For each of these sectors, EPA collected and evaluated data from ten states on medium and large facilities. Information on small facilities came from New York. In the end, the 1991 study estimated the number of facilities based on extrapolation of data from four state databases ( Illinois, California, Maryland, and New York) to the nation. 25 In 1995, EPA conducted a survey of approximately 30,000 facilities in the industries covered by the 1991 study. The 1995 survey yielded detailed information about the oil storage characteristics of the surveyed facilities, and was designed to allow statistical extrapolation to a broader universe. EPA compared the results of the 1995 survey to the 1991 facility study and to a 1989 American Petroleum Institute report and calculated a 1996 Adjusted National Estimate, which has been the basis of EPA's approximation of the number of facilities regulated by the SPCC Program. 9 Current Estimation Methodology EPA has updated its estimates of the number of facilities regulated by the SPCC rule, based on recent federal, state, and proprietary data on facilities that store or handle oil. The estimates of the SPCC universe were developed for 31 industry sectors, including ( but not limited to) those listed in Exhibit 1. For sectors without reliable national level data, the basic estimation procedure involves extrapolating from eight state databases using information from the U. S. Census Bureau. 10 Estimates based on state level data For many industry sectors affected by the SPCC rule, the basic estimation methodology used to update the regulated universe is similar to that used in the 1991 facilities study. The approach uses eight primary state databases ( Florida, Kansas, Maryland, Minnesota, New York, Oklahoma, Virginia, and Wisconsin) to determine the number of SPCC regulated facilities in the state for each industry sector.

The information in state databases was matched with the Dun & Bradstreet ( D& B) Market Spectrum database to assign industry sectors. 11 To extrapolate the estimates to the entire country, these values are multiplied by a facility ratio. This ratio is computed by dividing the total number of facilities in the industry sector by the total number of facilities in the eight states. Specifically, the total number of SPCC regulated facilities in the eight states is calculated and multiplied by the facility ratios ( i. e., the total number of U. S. facilities in each industry sector divided by the total number of facilities in these states). 12 9 Analysis of the Number of Facilities Regulated by EPA's SPCC Program http:// www. epa. gov/ oilspill/ pdfs/ pap_ tpop. pdf.

10 Oil storage data are not available for all states.

11 The following facilities and tanks were not considered in the estimation: facilities with less than 1,320 gallons of storage, tanks with less than 55 gallons of storage, completely buried underground tanks, tanks subject to EPA UST requirements, inactive tanks, and tanks that did not store oil substances. Not all the facilities in the state databases were matched with D& B because of resource constraints. The matched facilities were assumed to be representative of the SPCC regulated facilities. The percentage industry distribution of the matched facilities was applied to all regulated facilities in the databases.

12 When information was available from multiple states for an industry sector, the 1991 facilities study extrapolated from each of the states separately and used the mid point as the " best estimate." The current approach is equivalent to using the average ratio for all states for which data are available, rather than the average of the absolute numbers of facilities in a specific industry sector as was done in the 1991 study. The chosen approach may provide a more reliable " best estimate" because the extrapolation would be based on a larger number of facilities combining data from more than one state. This approach also assumes that if there are no observations for an industry sector in the database, then there are no regulated facilities in that industry sector in the state ( rather than assuming that the state database does not cover that industry sector). 26 Estimates based on national level data Because of the availability of federal and proprietary data, a different estimation approach is used for the following industry sectors: petroleum bulk stations and terminals; fuel oil dealers; pipelines; petroleum refinery and related industries; oil and gas production; farms; electric utilities; and manufacturing facilities handling or storing animal fats and vegetable oils.

The 2002 Economic Census is used to estimate the number of regulated facilities for the petroleum bulk stations and terminals, fuel oil dealers, pipelines, and petroleum refinery and related industries. As in previous analyses, all facilities in these industries are assumed to be regulated under the SPCC rule.

The number of oil production facilities is based on oil well data obtained from PetroDataSource, Inc. This source maintains data on commercial wells based on federal and state data including tax records and geological surveys. All active oil wells located inland and offshore were included in the estimation. To calculate the total number of oil production facilities, the methodology uses an assumption of four wells per facility. 13 In addition to the oil production facilities, gas production facilities are included in the estimate for the SPCC universe. Some gas wells have tanks for storing condensate oil that is generated as a result of the gas production process. This analysis assumes that all gas wells that store condensate oil exceed 1,320 gallons of oil storage capacity. Among the states with the largest percentage of gas wells, Texas, Oklahoma, and Louisiana have condensate oil storage at gas wells. The estimates for the number of SPCC regulated gas production facilities were calculated based on these assumptions for the percentage of wells that store condensate oil and the number of gas wells per facility ( using the total number of gas wells from the PetroDataSource database).

The number of farms is calculated based on Census of Agriculture data on production expenses related to petroleum related purchases from 2002 and 1997 and on diesel storage data from 1982. In the 2002 Census of Agriculture, expenditure data are available only in aggregate for all fuels. To arrive at the expenditure on diesel ( gasoline) in 2002, the total expenditure on fuels in 2002 is multiplied against the ratio of diesel ( gasoline) expenditure to total expenditure from the 1997 data. This methodology assumes that the percentage of diesel ( gasoline) expenditure remained the same from 1997 through 2002. Finally, the total quantity of diesel ( gasoline) purchased in 2002 is calculated by dividing the expenditure on diesel ( gasoline) by diesel ( gasoline) prices. Using 1982 data on fuel storage and expenditures on farms, the ratio of diesel ( gasoline) storage with respect to the annual quantity of diesel ( gasoline) purchased is calculated. On average approximately one fifth of the annual quantity of diesel purchased and about one fourth of the annual quantity of gasoline purchased is found to be stored on farms. Since no data are available on the type of storage   aboveground or underground   it is assumed that the entire storage is aboveground. The expenditure ranges are converted to 13 The assumption is based on expert opinions from Richard Franklin, a Federal On Scene Coordinator for EPA Region 6 ( 02/ 14/ 2005, personal communication), and Mark England, Texas Railroad Commission ( 05/ 20/ 2005, personal communication). 27 capacity ranges and assigned to a percentage of farms that are regulated within the capacity ranges.

The number of SPCC regulated electric utility plants is calculated as a combination of the number of substations and the number of power plants in the United States. All electricity generation facilities and substations are assumed to contain enough oil to be subject to SPCC requirements. The number of electric utility plants is estimated based on data reported by the Energy Information Administration ( EIA). The number of substations is estimated based on the number of substations listed by each major utility reporting to the Federal Energy Regulatory Commission ( FERC). 14 A national estimate is extrapolated from these data using the ratio of the megawatt hours sold by utilities to the estimated total retail megawatt hours of electricity sold nationwide according to the EIA.

Facilities handling or storing non petroleum oil are also subject to SPCC regulations. Nonpetroleum oil includes animal fats and oils and greases, or fish and marine mammal oils; and, oils of vegetable origin, including oils from seeds, nuts, fruits, and kernels. To estimate the number of facilities that could produce or store animal fat and vegetable oil ( AFVO), the following types of industries are considered: ( 1) industries that use AFVO as a primary input, ( 2) industries that use AFVO in moderate amounts, and ( 3) industries that use AFVO as a minor component of their input. It is assumed that all the facilities in the AFVO production industry are subject to SPCC regulations. Several facilities in this category were contacted and claimed that AFVO is their primary product and they store enough oil to be subject to SPCC. Based on conversations with several facilities, it is assumed that 20 percent to 90 percent of facilities in the industries involved in vegetable oil processing and refining, animal carcass rendering, and food products store enough oil to be subject to the SPCC rule. Industries such as pesticide, paint and coating, printing ink, and soap and other detergent manufacturing use vegetable oil as an alternative to their conventional inputs. To account for facilities that use AFVO as a small component of their input, it is assumed that 1 percent to 10 percent of facilities in these industries store enough oil to be subject to SPCC. This methodology yields estimates of the number of facilities that may be regulated based only on their storage of AFVO. Some of these facilities are probably regulated because they also store petroleum oils.

Industry Growth Rates To project the number of existing and new facilities regulated under the SPCC rule over the ICR period, industry specific growth rates were calculated using the change in the number of establishments reported in the 1997 and 2002 Economic Censuses for each industry sector. Data on the number of establishments were obtained and organized by NAICS industry codes, and then linked to the regulated industries. EPA's previous approach was to apply a uniform one percent growth rate across all sectors, which did not account for significant variations ( including negative growth rates) among the sectors.

In this analysis, these rates are held constant over the three year analytical period, which may or may not adequately represent the trends for individual sectors. Industry groups with a 14 Major regulated utilities must file FERC Form No. 1, on which utilities report information on their substations and electrical equipment. " Major" is defined as having ( 1) one million megawatt hours or more; ( 2) 100 megawatt hours of annual sales for resale; ( 3) 500 megawatt hours of annual power exchange delivered; or ( 4) 500 megawatt hours of annual wheeling for others ( deliveries plus losses). 28 positive growth rate comprise the new facilities that will be subject to SPCC regulations as they start their business.

In total, EPA estimates that 474,000 facilities would be regulated under the proposed SPCC rule. Oil production facilities ( 36 percent), electric utilities ( 11 percent), and gas production facilities ( 9 percent) account for most of the SPCC regulated facilities.

Facilities Affected by the Proposed Revisions in the Rule ° Qualified Facilities: EPA does have empirical data on the number of facilities that would meet the criteria and choose to avail themselves of the ` qualified facility' option. For the purposes of this ICR, EPA assumed that 50 percent of facilities with an oil storage capacity of 10,000 gallons or less would meet ` qualified facility' status and obtain regulatory relief under the proposed rule.

° Facilities with Oil Filled Operational Equipment: The proposed amendments affecting facilities with oil filled operational equipment address such items as hydraulic systems, lubricating systems ( e. g., those for pumps, compressors and other rotating equipment, including pumpjack lubrication systems), gear boxes, machining coolant systems, heat transfer systems, transformers, circuit breakers, electrical switches, and other systems containing oil to enable the operation of the devices. EPA proposed an alternative for owners and operators of facilities with qualified oil filled operational equipment, allowing them to prepare an oil spill contingency plan and a written commitment of manpower, equipment and material, without having to determine that secondary containment is impracticable. Due to data and time limitations, EPA focused its analysis on the electric utility sector. Consequently, the analysis likely underestimates the number of facilities that would take advantage of the proposed action for facilities with qualified oil filled operational equipment.

° Farms, Airport Mobile Refuelers, AFVO Facilities: EPA proposes to extend the compliance dates for farms with oil storage capacity of 10,000 gallons or less while the Agency considers whether this sector warrants differentiated requirements under the SPCC rule. Therefore, farms with an oil storage capacity of 10,000 gallons or less would only incur burden of reading and understanding the proposed rule to be able to take advantage of the proposed extension. EPA has not yet quantified the burden associated with reading the rule and interpreting the proposed revisions, but plans to do so in time for the final rule. The Agency did not change its paperwork burden estimates associated with amendments to requirements for certain motive power containers, airport mobile refuelers, and facilities that handle, store, or transport animal fats and vegetable oils.

Exhibit 10 presents the estimated number of existing and new SPCC regulated facilities that are expected to incur paperwork related burden associated with the proposed amendments to the SPCC rule. 29 EXHIBIT 10 Number of Existing and New Facilities ( First Year)

Facility Type Category I and II Category III Category IV Total Storage 252,435 46,055 3,142 301,632 Existing Production 140,526 31,160 305 171,992 Total 393,000 77,200 3,450 474,000 Storage 4,162 857 37 5,055 New Production 0 0 0 0 Total 4,160 857 37 5,050 Total 397,000 78,100 3,480 479,000 Note: Totals are rounded to three significant figures.

6( e) Estimated Total Annual Burden for All Respondents The total hour burden is estimated as the average burden hours required of facility personnel to complete the recordkeeping and reporting requirements multiplied by the number of affected facilities. Similarly, the total cost burden for all respondents is estimated by multiplying the number of facilities in each size category by the unit burden hour estimate for each compliance activity. The total annual burden hours and costs for all respondents in each category are presented in Exhibits 12, 13, 14, and 15 for each facility size. The total annual burden is presented separately for qualified and non qualified facilities under the proposed amendments. The annual average total burden is estimated at 1.9 million hours; the annual average total cost is estimated at $ 117 million.

Alternative Estimates EPA also calculated alternative cost estimates based on higher overhead rates for labor costs, which are presented in Exhibit 11. The primary estimates are based on a 17 percent overhead rate and the alternatives are calculated assuming a 50 percent overhead rate and a 100 percent overhead rate. The discussion of facility labor costs in section 6( a) describes how the overhead rates affect wage rates. Under the primary assumption, the estimated total annualized burden of the information collection is $ 117 million. Under the alternative assumptions, the estimated total burden ranges from $ 140 to $ 177 million. 30 EXHIBIT 11 Alternative Total Cost Measures ( millions of dollars)

Labor Capital O& M Total Assumption Burden 17% Overhead $ 84.6 $ 0.5 $ 31.6 $ 117 50% Overhead $ 108.2 $ 0.5 $ 31.6 $ 140 100% Overhead $ 144.6 $ 0.5 $ 31.6 $ 177 31 EXHIBIT 12 Annual Average Total Burden and Costs Category I Facilities ( Qualified)

Annual Burden Hours Activity Management ($ 55.73/ hr) Technical ($ 47.91/ hr) Clerical ($ 25.31/ hr) Total Burden Hours Capital/

Startup Costs O& M Costs Annual Cost Existing Facilities Review the SPCC Plan 17,924 53,638 9,768 81,330 $ 0 $ 0 $ 3,815,928 Submit Information in the Event of Certain Discharges of Oil 134 134 0 269 $ 2,180 $ 0 $ 16,101 Revise the SPCC Plan 0 36,472 8,105 44,577 $ 0 $ 0 $ 1,952,552 Maintain the SPCC Plan and Keep Records 0 143,011 40,525 183,535 $ 0 $ 0 $ 7,877,414 TOTAL 18,100 233,000 58,400 310,000 $ 2,180 $ 0 $ 13,700,000 New Facilities Prepare an SPCC Plan 7,913 32,970 5,275 46,158 $ 0 $ 0 $ 2,154,116 Prepare a Contingency Plan 1,482 7,180 2,175 10,837 $ 0 $ 0 $ 481,627 Submit Information in the Event of Certain Discharges of Oil 2 2 0 4 $ 35 $ 0 $ 262 Revise the SPCC Plan 0 593 132 725 $ 0 $ 0 $ 31,771 Maintain the SPCC Plan and Keep Records 0 2,327 659 2,986 $ 127,042 $ 0 $ 255,220 TOTAL 9,400 43,100 8,240 60,700 $ 127,000 $ 0 $ 2,920,000 Note: Totals have been rounded to three significant figures. 32 EXHIBIT 13 Annual Average Total Burden and Costs Category I ( Non Qualified) and Category II Facilities Annual Burden Hours Activity Management ($ 55.73/ hr) Technical ($ 47.91/ hr) Clerical ($ 25.31/ hr) Total Burden Hours Capital/

Startup Costs O& M Costs Annual Cost Existing Facilities Review the SPCC Plan 60,868 182,154 33,173 276,195 $ 0 $ 1,369,529 $ 14,328,307 Submit Information in the Event of Certain Discharges of Oil 456 456 0 912 $ 7,405 $ 0 $ 54,679 Revise the SPCC Plan 0 123,859 27,524 151,383 $ 0 $ 20,643,101 $ 27,273,909 Maintain the SPCC Plan and Keep Records 0 485,660 137,621 623,280 $ 0 $ 0 $ 26,751,459 TOTAL 61,300 792,000 198,000 1,050,000 $ 7,400 $ 22,000,000 $ 68,400,000 New Facilities Prepare an SPCC Plan 15,496 64,567 10,331 90,393 $ 0 $ 5,165,342 $ 9,383,821 Prepare a Contingency Plan 2,901 14,061 4,259 21,222 $ 0 $ 0 $ 943,187 Submit Information in the Event of Certain Discharges of Oil 4 4 0 9 $ 69 $ 0 $ 513 Revise the SPCC Plan 0 1,162 258 1,420 $ 0 $ 193,700 $ 255,919 Maintain the SPCC Plan and Keep Records 0 4,557 1,291 5,848 $ 248,790 $ 0 $ 499,807 TOTAL 18,400 84,400 16,100 119,000 $ 249,000 $ 5,360,000 $ 11,100,000 Note: Totals have been rounded to three significant figures. 33 EXHIBIT 14 Annual Average Total Burden and Costs Category III Facilities Annual Burden Hours Activity Management ($ 55.73/ hr) Technical ($ 47.91/ hr) Clerical ($ 25.31/ hr) Total Burden Hours Capital/

Startup Costs O& M Costs Annual Cost Existing Facilities Review the SPCC Plan 15,416 77,674 15,878 108,969 $ 0 $ 238,177 $ 5,220,599 Submit Information in the Event of Certain Discharges of Oil 116 116 0 231 $ 2,166 $ 0 $ 14,139 Revise the SPCC Plan 0 26,281 5,840 32,121 $ 0 $ 3,007,716 $ 4,414,678 Maintain the SPCC Plan and Keep Records 0 119,409 29,201 148,610 $ 0 $ 0 $ 6,460,056 TOTAL 15,500 223,000 50,900 290,000 $ 2,170 $ 3,250,000 $ 16,100,000 New Facilities Prepare an SPCC Plan 4,068 29,832 4,068 37,968 $ 0 $ 864,443 $ 2,623,372 Prepare a Contingency Plan 909 4,406 1,335 6,650 $ 0 $ 0 $ 295,544 Submit Information in the Event of Certain Discharges of Oil 1 1 0 3 $ 25 $ 0 $ 164 Revise the SPCC Plan 0 305 68 373 $ 0 $ 34,917 $ 51,250 Maintain the SPCC Plan and Keep Records 0 1,386 339 1,725 $ 77,957 $ 0 $ 152,953 TOTAL 4,980 35,900 5,810 46,700 $ 78,000 $ 899,000 $ 3,120,000 Note: Totals have been rounded to three significant figures. 34 EXHIBIT 15 Annual Average Total Burden and Costs Category IV Facilities Annual Burden Hours Activity Management ($ 55.73/ hr) Technical ($ 47.91/ hr) Clerical ($ 25.31/ hr) Total Burden Hours Capital/

Startup Costs O& M Costs Annual Cost Existing Facilities Review the SPCC Plan 684 5,622 704 7,010 $ 0 $ 6,717 $ 332,005 Submit Information in the Event of Certain Discharges of Oil 5 5 0 10 $ 96 $ 0 $ 627 Revise the SPCC Plan 0 1,024 228 1,251 $ 0 $ 74,510 $ 129,319 Maintain the SPCC Plan and Keep Records 0 14,803 1,138 15,941 $ 0 $ 0 $ 738,044 TOTAL 689 21,500 2,070 24,200 $ 96 $ 81,300 $ 1,200,000 New Facilities Prepare an SPCC Plan 152 1,924 203 2,279 $ 0 $ 19,688 $ 125,483 Prepare a Contingency Plan Submit Information in the Event of Certain Discharges of Oil 0 0 0 0 $ 1 $ 0 $ 7 Revise the SPCC Plan 0 11 3 14 $ 0 $ 829 $ 1,439 Maintain the SPCC Plan and Keep Records 0 165 13 177 $ 3,315 $ 0 $ 11,529 TOTAL 152 2,100 218 2,470 $ 3,320 $ 20,500 $ 138,000 Note: Totals have been rounded to three significant figures. 35 6( f) Bottom Line Burden and Cost Tables The total estimated burden hours and costs incurred by all respondent facilities ( new and existing) are summarized in Exhibit 16. The exhibit shows the burden and cost components for each year of this ICR, along with total and annualized costs.

EXHIBIT 16 Estimated Total Burden and Costs for Facilities Total Cost ( millions) Year Total Burden ( million hours) Labor Capital O& M Total First 1.89 $ 84.00 $ 0.40 $ 31.40 $ 116.00 Second 1.90 $ 84.50 $ 0.41 $ 31.61 $ 117.00 Third 1.92 $ 85.10 $ 0.43 $ 31.85 $ 117.00 TOTAL 5.71 $ 254.00 $ 1.23 $ 94.90 $ 350.00 ANNUALIZED 1.90 $ 84.60 $ 0.47 $ 31.60 $ 117.00 Note: Values are rounded to three significant figures and may not sum to the total.

6( g) Reasons for the Change in Burden Differences in burden and costs from the previous ICR are attributed solely to the proposed amendments to the SPCC rule, which affect both the number of affected facilities and per facility costs. Adjustments to estimates associated with updating information ( e. g., number of affected facilities, burden estimates, or labor rates) are not applicable to this ICR.

Changes in the paperwork burden attributed to proposed revisions to the SPCC rule include the following three elements:

$ Extending the compliance dates for farms with an oil storage capacity under of 10,000 gallons or less reduces the number of affected respondents. Owners and operators of farms with oil storage capacity of 10,000 gallons or less would only incur burden of reading and understanding the proposed rule to determine whether they are qualified to take advantage of the proposed extension. EPA estimates that a total of 145,000 farms would be affected by this extension.

$ Qualified facilities would reduce their paperwork related burden as a result of the proposed revisions to the rule that allows owners and operators of facilities to self certify their SPCC Plans in lieu of certification by a PE. Therefore, qualified facilities are expected to save the cost of PE certification. EPA estimates that approximately 90,000 facilities with an aggregate oil storage capacity of 10,000 gallons or less would take advantage of this proposed amendment to the rule.

$ Facilities with qualified oil filled operational equipment could prepare an oil spill contingency plan with a written commitment of resources rather than provide secondary containment. New facilities with qualified oil filled operational equipment would choose 36 to take advantage of this option to save the difference between the cost of secondary containment and the cost of preparing a contingency plan. This regulatory change introduces an additional paperwork burden but lowers the overall compliance cost associated with the SPCC rule since preparing a contingency plan with a written commitment of manpower, equipment and materials is less costly than providing secondary containment. EPA estimates that approximately 2,120 facilities with qualified oil filled operational equipment would take advantage of this proposed change.

Exhibit 17 presents program changes attributed to the proposed amendments to the SPCC rule. 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 481,000 hours due to a smaller number of facilities expected to comply with the proposed rule and changes in perfacility costs. The annualized capital and O& M costs are estimated to decrease with the proposed rule by $ 19.7 million.

EXHIBIT 17 Estimated Annualized Burden and Costs Comparison Annualized Burden Hours Annualized Capital and O& M Costs ( Thousands)

Current OMB Inventory Burden 2,386,000 $ 51,800 Change in Burden ( 481,000) ($ 19,700)

Proposed SPCC Rule Collection Burden 1,900,000 $ 32,100 6( h) Burden Statement The annual public reporting and recordkeeping burden for this collection of information for newly regulated facilities is estimated to range from 41.6 to 64.9 hours per facility, with an average burden of approximately 45.3 hours per response. The net annual public reporting and recordkeeping burden for facilities already regulated by the rule is estimated to range from 3.5 to 7.1 hours, with an average burden of approximately 3.5 hours.

Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket 37 ID Number [ EPA HQ OPA 2005 0001], which is available for online viewing at www. regulations. gov, or in person viewing at the Superfund Docket in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Avenue, NW, Washington, D. C. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1744, and the telephone number for the Superfund Docket is ( 202) 566 0276. An electronic version of the public docket is available at www. regulations. gov. This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. When in the system, select " search," then key in the Docket ID Number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D. C. 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA HQ OPA 2005 0001 and OMB Control Number 2050 0021 in any correspondence. 38 APPENDIX From the Federal Water Pollution Control Act ( i. e., Clean Water Act):

Sec. 311( i) National Response System

( 1) In General  Consistent with the National Contingency Plan required by subsection ( c)( 2) of this section, as soon as practicable after the effective date of this section, and from time to time thereafter, the President shall issue regulations consistent with maritime safety and with marine and navigation laws ( A) establishing methods and procedures for removal of discharged oil and hazardous substances, ( B) establishing criteria for the development and implementation of local and regional oil and hazardous substance removal contingency plans, ( C) establishing procedures, methods, and equipment and other requirements for equipment to prevent discharges of oil and hazardous substances from vessels and from onshore facilities and offshore facilities, and to contain such discharges, and ( D) governing the inspection of vessels carrying cargoes of oil and hazardous substances and the inspection of such cargoes in order to reduce the likelihood of discharges of oil from vessels in violation of this section.


[Federal Register Volume 76, Number 161 (Friday, August 19, 2011)]
[Notices]
[Pages 52053-52054]
[FR Doc No: 2011-20616]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Notice of Applications for Modification of Special Permit

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of Applications for Modification of Special Permits.

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SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations (49 CFR part 107,
subpart

B), notice is hereby given that the Office of Hazardous Materials
Safety has received the applications described herein. This notice is
abbreviated to expedite docketing and public notice. Because the
sections affected, modes of transportation, and the nature of
application have been shown in earlier Federal Register publications,
they are not repeated here. Requests for modification of special
permits (e.g. to provide for additional hazardous materials, packaging
design changes, additional mode of transportation, etc.) are described
in footnotes to the application number. Application numbers with the
suffix ``M'' denote a modification request. These applications have
been separated from the new application for special permits to
facilitate processing.

DATES: Comments must be received on or before September 6, 2011.
    Address Comments To: Record Center, Pipeline and Hazardous
Materials Safety Administration, U.S. Department of Transportation,
Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Copies of the applications are
available for inspection in the Records Center, East Building, PHH-30,
1200 New Jersey Avenue, SE., Washington, DC or at http://www.regulations.gov.
    This notice of receipt of applications for modification of special
permit is published in accordance with Part 107 of the Federal
hazardous materials transportation law (49 U.S.C. 5117(b); 49 CFR
1.53(b)).

    Issued in Washington, DC, on August 08, 2011.
Donald Burger,
Chief, General Approvals and Permits.

                                          Modification Special Permits
----------------------------------------------------------------------------------------------------------------
                                                                     Regulation(s)      Nature of special permit
    Application No.        Docket No.           Applicant              affected                 thereof
----------------------------------------------------------------------------------------------------------------
10597-M                 ................  Thermo King            49 CFR                To modify the special
                                           Corporation            177.834(1)(2)(i).     permit to authorize a
                                           Minneapolis, MN.                             new series of heaters
                                                                                containing Class 3
                                                                                liquids and/or Division
                                                                                2.1 gases.
13601-M                 ................  DS Containers, Inc.    49 CFR 173.306(b)(1)  To modify the special
                                           Batavia, IL.                                 permit to authorize an
                                                                                alternative pressure
                                                                                relief device.
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[FR Doc. 2011-20616 Filed 8-18-11; 8:45 am]
BILLING CODE 4909-60-P