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RENEWAL OF INFORMATION COLLECTION REQUEST FOR THE 

EPISODIC RELEASES OF OIL AND HAZARDOUS SUBSTANCES 
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1. IDENTIFICATION OF THE INFORMATION COLLECTION ........................... 3 

1a. Title of the Information Collection ..................................................................... 3 

1b. Short Characterization/Abstract .......................................................................... 3 

2. NEED FOR AND USE OF THE COLLECTION .................................................. 4 

2a. Need and Authority for the Collection ................................................................ 4 

2b. Practical Utility and Users of the Data ............................................................... 5 

3. NON DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION 

CRITERIA .............................................................................................................. 5 

3a. Non Duplication .................................................................................................. 5 

3b. Public Notice Required Prior to ICR Submission to OMB ................................ 7 

3c. Consultations....................................................................................................... 7 

3d. Effects of Less Frequent Collection .................................................................... 7 

3e. General Guidelines .............................................................................................. 8 

3f. Confidentiality .................................................................................................... 8 

3g. Sensitive Questions ............................................................................................. 8 

4. THE RESPONDENTS AND THE INFORMATION REQUESTED .................... 8 

4a. Respondents and SIC Codes ............................................................................... 8 

4b. Information Requested ........................................................................................ 8 

i. Data items, including record keeping requirements ........................................... 8 

ii. Respondent Activities ....................................................................................... 10 

5. THE INFORMATION COLLECTED – AGENCY ACTIVITIES, COLLECTION 

METHODOLOGY, AND INFORMATION MANAGEMENT .......................... 10 

5a. Agency Activities .............................................................................................. 10 

5b. Collection Methodology and Management ....................................................... 11 

5c. Small Entity Flexibility ..................................................................................... 11 

5d. Collection Schedule .......................................................................................... 11 

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION .............. 12 

6a. Estimating Respondent Burden......................................................................... 12 

6b. Estimating Respondent Costs ........................................................................... 13 

i. Estimating Labor Costs ..................................................................................... 13 

ii. Estimating Capital and Operations and Maintenance Costs ............................. 14 

6c. Estimating Agency Burden and Cost ................................................................ 15 

6d. Estimating the Respondent Universe and Total Burden and Cost .................... 16 

6e. Bottom Line Burden Hours and Cost Tables .................................................... 16 

6f. Reasons for Change in Burden ......................................................................... 17 

6g. Burden Statement .............................................................................................. 18 
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1. IDENTIFICATION OF THE INFORMATION COLLECTION 

1a. Title of the Information Collection 

Notification of Episodic Releases of Oil and Hazardous Substances - EPA No. 

1049.12. 

1b. Short Characterization/Abstract 

This information collection request (ICR) addresses the reporting and 

recordkeeping activities required to comply with the release notification requirements for 

hazardous substances and oil specified in section 103(a) of the Comprehensive 

Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as 

amended, and section 311 of the Clean Water Act (CWA), as amended. These reporting 

requirements are codified at 40 CFR parts 110, 117, and 302. This ICR renews the 

collection activity previously approved under OMB No. 2050-0046 and applies to the 

period February 1, 2011 through January 31, 2014. Estimates of the burden placed on 

industry and the government to comply with the release notification requirements are 

presented on an annual basis. 

CERCLA section 103(a) and CWA section 311 require the person in charge of a 

facility or vessel to immediately notify the National Response Center (NRC) of a 

hazardous substance release into the environment if the release quantity equals or exceeds 

the substance’s reportable quantity (RQ) level and an oil discharge into U.S. waters. The 

regulated community is expected to: 

• Gather necessary release data, such as the time, quantity, and source of the 

release; 

• Notify the facility manager of the release; 

• Consult with the environmental compliance expert regarding the release; 

• Report the release to the NRC; and 

• Keep a log of release data such as the time, date, and circumstances of the 

release. (This information is expected, but not required under the 

regulations.) 

There are no recordkeeping requirements specified under CERCLA section 

103(a), CWA section 311, or their implementing regulations. The person in charge of the 

facility or vessel, however, may elect to maintain a log detailing the time, date, and 

circumstances associated with the reported release. The purpose of maintaining a log of 

reported releases is to track correspondence with response authorities and to document 
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compliance with release notification requirements under CERCLA and the CWA. 

Because it is assumed the respondent will maintain a log of reported releases, burden and 

cost estimates associated with recordkeeping are included in the ICR. 

During the three-year period covered by this ICR (1049.12), it is estimated that 

the NRC will receive 24,041 release notifications (i.e., hazardous substance release and 

oil discharge notifications) per annum.1

 Assuming 24,041 release notifications per 

annum, the total annual burden to respondents is estimated to be approximately 98,568

hours, at a cost of $3,121,796 . The total annual burden to the government associated with 

24,041 release notifications is estimated to be approximately 24,041 hours, at a cost 

of $1,110,887 . 

2. NEED FOR AND USE OF THE COLLECTION 

2a. Need and Authority for the Collection 

The reporting activity required under 40 CFR parts 110, 117, and 302 is 

authorized under CERCLA sections 103(a) and 104(e), and CWA sections 311 and 308. 

The regulations implementing CERCLA section 103(a) (40 CFR part 302) require the 

person in charge of a facility or vessel to immediately notify the NRC of a hazardous 

substance release if the release quantity equals or exceeds the substance’s RQ. The 

specific information provided in the notification required under CERCLA section 103(a) 

is authorized under CERCLA section 104(e). Section 104(e) authorizes the collection of 

release information, entry and inspection of the release site, and sampling activities at the 

release site for the purposes of “determining the need for response, or choosing or taking 

any response action under [CERCLA].” The release information collected is the 

minimum information needed to determine if a Federal response action is required to 

control or mitigate any potential adverse effects associated with a release. 

In addition to the CERCLA notification requirements, the regulations 

implementing CWA section 311 (40 CFR part 110) require immediate notification to the 

NRC of any release of oil into U.S. navigable waters that causes a sheen, violates 

applicable water quality standards, or causes a sludge or emulsion to be deposited 

beneath the surface of the water or upon adjoining shorelines. The information required 

to be provided under CWA section 311 is authorized by CWA section 308, which allows 

 1

 The estimate for the number of release notifications received by the NRC per annum is based on 

the number of notifications received by the NRC in the years 2007, 2008, and 2009. The source of the 

number of NRC release notifications is, NRC Statistics - Incident Types, and can be found at: 

http://www.nrc.uscg.mil/stats.html. For the purposes of this ICR (1049.12), the following incident types 

are included in the totals for release notifications: fixed, unknown sheen, vessel, storage tank, railroad, 

aircraft, and unknown. The NRC received 25,166 release notifications in 2007, 24,530 in 2008, and 

22,428 in 2009. Therefore, assuming the years 2007, 2008, and 2009 are representative of the period 

covered by this ICR (1049.12), the NRC is estimated to receive, on average, 24,041 release notifications 

per annum during the period February 1, 2011 through January 31, 2014. In the previous ICR (1049.11) 

the per annum estimate for the number of release notifications received by the NRC was 25,861 . 
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for the collection of release information and entry, monitoring, inspection and sampling 

activities at the release site for the purpose of ensuring that the objectives of the CWA are 

satisfied. The Federal government needs to be notified of releases of oil in order to 

determine if a response action is necessary to mitigate or prevent damage to public health 

or welfare or the environment. 

2b. Practical Utility and Users of the Data 

The hazardous substance and oil release information collected pursuant to 

CERCLA section 103(a) and CWA section 311 has a variety of different uses. Federal 

response authorities, such as EPA and United States Coast Guard On-Scene Coordinators 

(OSCs), use the information to evaluate the environmental and human health risks 

attributable to a reported release and to determine if a Federal response action is 

necessary to mitigate or prevent any adverse effects associated with the release. Any 

reportable hazardous substance release or discharge of oil into the environment warrants 

a timely evaluation of its source, emission rate, chemical form, media affected, and 

quantity released to ensure the proper protection of public health and welfare and the 

environment. Responses to hazardous substance and oil release notifications by Federal 

authorities may take a variety of forms, including monitoring and overseeing cleanup 

activities conducted by the responsible party, evacuating surrounding populations, and 

directing the actual cleanup operation. 

The hazardous substance and oil release information collected under CERCLA 

section 103 and CWA section 311 also is used by EPA program offices and other Federal 

agencies to evaluate the potential need for additional regulations, new permitting 

requirements for specific substances or sources, or improved emergency response 

planning. 

In addition, release notification information, which is stored in the national 

Emergency Response Notification System (ERNS) data base, is used by State and local 

government authorities, the regulated community, and the general public. State and local 

government authorities and the regulated community use release information to help 

inform local emergency response planning. The public use release information to 

become aware of the releases that have occurred in their communities and throughout the 

nation and to learn of actions, if any, that are being taken to protect public health and 

welfare and the environment. The public has access to release information, statistics, and 

fact sheets through the Freedom of Information Act and the NRC’s website 

(http://www.nrc.uscg.mil/nrchp.html). 

3. NON DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION 

CRITERIA 

3a. Non Duplication 
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The information required to be provided in the telephone call to the NRC is the 

minimum information necessary to evaluate a hazardous substance release or discharge 

of oil. Direct notification to the NRC, as opposed to notification to multiple Federal 

response authorities, helps to ensure a coordinated Federal response effort and that 

unnecessary delays in requesting assistance do not occur. One call to the NRC fulfills the 

requirement to report releases of hazardous substances under CERCLA and several other 

regulatory programs, including the CWA, the Resource Conservation and Recovery Act, 

and the Hazardous Materials Transportation Act. When the NRC receives a notification, 

the NRC watch stander immediately notifies the appropriate Federal OSC, who evaluates 

the circumstances surrounding the release and determines the need for a government 

response action. The Federal government has extensive resources, expertise, and 

authority under CERCLA to formulate response actions, ensuring a timely and 

coordinated field response with State, local, and private organizations, if needed. 

EPA analyzed possible areas of overlap with other regulations, and concluded that 

there are limited areas of overlap with reporting requirements under other statutes and 

provisions. For example, there may be limited duplication with the reporting 

requirements specified in CERCLA section 103(a) and in certain permitting regulations. 

Permitting regulations often require reports if the permit level is exceeded. Thus, if a 

release of a hazardous substance exceeds its permit level and the substance’s RQ, the 

release must be reported to both, the applicable Federal or State permitting authority, and 

NRC. However, the purpose and timing of the two reports often differ. Violations of 

permit regulations are reported to EPA Regional permitting offices or to State permitting 

authorities in order to maintain proper permit enforcement records or to evaluate ambient 

conditions over time. In contrast, Federal officials use release information provided to the 

NRC to evaluate the release situation and determine if a government response is 

necessary. Thus, the notification in monthly monitoring reports that a permit is exceeded 

is not timely for response purposes. 

In addition to a possible overlap between CERCLA reporting and certain 

permitting regulations, there may be some overlap with respect to the reporting 

requirements specified in section 304 of the Emergency Planning and Community Rightto-Know Act (EPCRA), which requires immediate reporting of releases of CERCLA 

hazardous substances equal to or above an RQ to State and local response officials. 

Reporting to the NRC as well as to the appropriate State Emergency Response 

Commission (SERC) and Local Emergency Planning Committee (LEPC), as required 

under EPCRA section 304, is appropriate; however, because it ensures that the Federal 

government is alerted to releases that may require a Federal field response. Although the 

SERCs and LEPCs are notified of the releases under EPCRA section 304, some SERCs 

and LEPCs may not possess the resources necessary for a proper response action. 

Notification to the NRC allows for a timely response in the event of an emergency. 

Furthermore, reporting to the NRC, SERC, and LEPC provides for a coordinated effort 

among Federal, State, and local response officials, which helps ensure that an efficient 

response action is taken. When Congress enacted EPCRA section 304, it was aware that 

releases of hazardous substances were already reported to the NRC; Congress determined 
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that it was necessary and appropriate for such potentially hazardous releases to be 

reported immediately to all potentially affected government jurisdictions. The 

requirements under EPCRA, however, are separate from those under CERCLA, and are 

outside the scope of this ICR (1049.12). The statutory requirements under CERCLA and 

EPCRA are clear and distinct; the Federal response system, as well as the State and local 

response systems, must be immediately alerted to potentially dangerous releases of 

hazardous substances that may pose a threat to public health or welfare or the 

environment. 

3b. Public Notice Required Prior to ICR Submission to OMB 

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), EPA 

requested comment from the public through the Federal Register notice on the renewal of 

this ICR (1049.12). The Docket ID No. for the notice is EPA-HQ-SFUND-2010-0437, 

and can be accessed at www.regulations.gov. There were no comments received. 

3c. Consultations 

EPA consulted with a number of Federal and State government agencies in the 

development of the information collection activities described in this ICR (1049.12). 

Workgroups were used to develop all RQ adjustment regulations as well as the oil 

discharge regulation. These Workgroups consisted of representatives from various EPA 

program offices, the ten EPA Regions, and the NRC. Participation of these parties in the 

Workgroups was sufficient to address and resolve all outstanding issues. The comments 

received on the proposed rules were addressed in the relevant Response to Comments 

Documents and in the preambles to the respective final rules. 

In addition to Workgroup activities, EPA sponsored many workshops and training 

sessions throughout the country for industry and Federal, State, and local government 

response officials on the release notification requirements under CERCLA and the CWA. 

The workshops were held to educate the regulated community as well as those Federal 

and State agencies required to implement the regulations. In addition, the workshops 

provided an opportunity for the public to ask questions about, and comment on, the 

implementation of the reporting regulations under CERCLA and the CWA. 

3d. Effects of Less Frequent Collection 

The information required under the regulations implementing CERCLA section 

103(a) and CWA section 311 is not collected at any specified frequency; rather, it is 

collected when reportable releases occur. The information collected under the 

regulations, such as the source, quantity, and type of material released and the 

environmental medium affected, is critical to evaluating the threat posed by the release 

and the need for a response action. The regulatory requirements evaluated in this ICR 

(1049.12) represent EPA’s efforts to ensure that the NRC is notified immediately of those 
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hazardous substance and oil releases for which a Federal response action may be 

necessary to protect public health and welfare and the environment. 

3e. General Guidelines 

The regulations implementing CERCLA section 103(a) and CWA section 311 

adhere fully to OMB’s general guidelines concerning the collection of information and 

the control of paperwork burdens on the public. 

3f. Confidentiality 

The regulations implementing CERCLA section 103(a) and CWA section 311 do 

not require the submittal of any proprietary, trade secret, or other confidential 

information. 

3g. Sensitive Questions 

The regulations implementing CERCLA section 103(a) and CWA section 311 do 

not require the submission of any sensitive business information. In addition, the 

information collection requested under these regulations is in compliance with the 

Privacy Act of 1974 and OMB Circular A-108. 

4. THE RESPONDENTS AND THE INFORMATION REQUESTED 

4a. Respondents and SIC Codes 

This section is not applicable. The use and release of hazardous substances and 

oil are pervasive throughout industry. EPA expects a number of different industrial 

categories to report hazardous substance and oil releases pursuant to the requirements 

specified in CERCLA section 103(a) and CWA section 311. No one industry sector or 

group of sectors or size of facility is affected disproportionately by the information 

collection burden. 

4b. Information Requested 

i. Data items, including record keeping requirements 

Notification under CERCLA section 103(a) and CWA section 311 is intended to 

ensure that Federal authorities receive prompt notification of hazardous substance and oil 

releases for which a timely response may be necessary to protect public health or welfare 

or the environment. The information provided in the telephone call to the NRC serves to 

notify government authorities of the release and provides them with a description of the 

circumstances surrounding the release. The following information is requested from all 

callers: 
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• The name and location of the individual reporting the release, the name 

and type of organization (e.g., general public, industrial facility, or 

Federal, State, or local government) with which the individual reporting 

the release is affiliated, and the telephone number of the person reporting 

the release; 

• The name and location of the releaser, the type of organization responsible 

for the release, and the telephone number of the releaser; 

• The location of the release; 

• The date and time of the release; 

• The name and type of material involved in the release, and the quantity of 

the substance released; 

• The source of the release, the vehicle identification or carrier number, if 

applicable, and a brief description of the source; 

• The environmental medium affected by the release (e.g., air, land, water, 

or ground water); 

• The cause of the incident (e.g., transportation accident, operational error, 

natural phenomenon), and a brief description of the release scenario 

denoting any unusual circumstances associated with the release; 

• Information on damages that occurred as a result of the release, including 

the number of injuries, number of deaths, and any property damage; 

• A description of the response actions taken at the release site, if any; 

• The name(s) and type of organization(s) that the caller has already 

notified; and 

• Any additional comments or information regarding the release. 

As mentioned previously, there are no recordkeeping requirements specified 

under CERCLA section 103(a), CWA section 311, or their implementing regulations. 

The person in charge of the facility or vessel, however, may elect to maintain a log 

detailing the time, date, and circumstances associated with the reported release. The 

purpose of maintaining a log of reported releases is to track correspondence with 

response authorities and to document compliance with release notification requirements 

under CERCLA and the CWA. Because the respondent will in all likelihood maintain a 

reported release log, burden and cost estimates associated with recordkeeping are 

included in this ICR (1049.12). 
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ii.Respondent Activities 

To comply with the notification requirements specified in the regulations 

implementing CERCLA section 103(a) and CWA section 311, the regulated community 

is expected to perform the following activities: 

• Gather necessary release data, such as the time, quantity, and source of the 

release; 

• Notify the facility manager of the release; 

• Consult with the environmental compliance expert regarding the release; 

• Report the release by telephone to the NRC; and 

• Keep a log of release data such as the time, date, and circumstances of the 

release. (This information is expected but not required under the 

regulations.) 

These five general steps have been verified through conversations with 

environmental compliance experts at facilities that reported releases of hazardous 

substances to the NRC during 1992, 1993, and 19942

. Each environmental compliance 

manager at these facilities was asked about the internal activities that are likely to occur 

between the time a release of a hazardous substance is discovered and the time a call is 

made to the NRC. The burden hours associated with reporting a release were in part 

based upon these findings. 

5. THE INFORMATION COLLECTED – AGENCY ACTIVITIES, COLLECTION 

METHODOLOGY, AND INFORMATION MANAGEMENT 

5a. Agency Activities 

Every hazardous substance and oil release reported by the regulated community to 

the NRC must be evaluated by Federal authorities. The appropriate Federal On-Scene 

Coordinator (OSC) is notified of a release by a telephone call from the NRC. The NRC 

conveys all the relevant information regarding the release to the OSC, including whether 

the release is to air, soil, water, etc., the source of the release, and the type of substance 

released. The telephone call from the NRC to the OSC must occur within 15 minutes of 

the original release notification. The OSC is responsible for evaluating the circumstances 

surrounding the release to determine whether government monitoring and/or a Federal 

response action may be necessary. 

 2

This verification was not repeated for this ICR. It is assumed to remain the same. 
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NRC personnel are also responsible for entering release information into the NRC 

data base. The release data are stored in the NRC data base, ERNS, a national data base 

that stores release information by facility. The data can be accessed through the NRC 

web site: http://www.nrc.uscg.mil/foia.html. The primary activity of the Federal 

government under the regulations implementing CERCLA section 103(a) and CWA 

section 311 is processing and recording the reported release information, and responding 

to releases that may pose a significant hazard to public health or welfare or the 

environment. 

5b. Collection Methodology and Management 

For purposes of reporting releases under the regulations implementing CERCLA 

section 103(a) and CWA section 311, a person in charge of a facility or vessel that 

experiences a reportable release must telephone the NRC. The NRC notifies the 

appropriate EPA Region or United States Coast Guard Office, the affected State, and any 

other Federal agency that may be able to lend support to a potential response action. 

To manage the hazardous substance and oil release information submitted in 

accordance with CERCLA section 103(a) and CWA section 311, EPA uses the ERNS 

data base. When a hazardous substance or oil release is reported to the NRC, it is 

immediately entered into the NRC data base. The ERNS data base allows EPA to 

document, analyze, and maintain data gathered under the CERCLA and CWA 

notification process. 

For Federal response authorities, the ERNS data base reduces the cost and time 

associated with processing and documenting release reports. For other EPA program 

offices, State and local response officials, and the public, ERNS provides for easy access 

to release data. 

5c. Small Entity Flexibility 

The notification requirements apply equally to all facilities or vessels, regardless 

of size, that have reportable releases of CERCLA hazardous substances or oil. The 

regulations do not impose any general information collection or recordkeeping 

requirements on small businesses. EPA believes that the notification requirements 

specified under these regulations represent the minimum level of information necessary 

for Federal response officials to determine if a government response action is needed to 

prevent or mitigate any damage to public health or welfare or the environment. The 

regulatory requirements are satisfied by a toll-free telephone call to the NRC. A 

reduction in these reporting requirements for small businesses is not possible without 

jeopardizing the Federal government’s ability to evaluate the threat posed by a release 

and determine if a Federal response is necessary. 

5d. Collection Schedule 
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Information is not collected at any specified frequency; rather, it is collected when 

reportable releases occur. Under CERCLA section 103(a), a release of a hazardous 

substance is reportable when it equals or exceeds its RQ. Pursuant to CWA section 311, 

a discharge of oil into navigable waters is reportable whenever the discharge causes a 

sheen, violates applicable water quality standards, or causes a sludge or emulsion to be 

deposited beneath the surface of the water or upon adjoining shorelines. 

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION 

6a. Estimating Respondent Burden 

Under CERCLA section 103(a) and CWA section 311, the person in charge of a 

facility or vessel that experiences a reportable release is expected to perform the 

following activities: (1) gather necessary release data, such as the time, date, quantity, 

and source of the release; (2) notify the facility manager of the release; (3) consult with 

the environmental compliance expert regarding the release; (4) report the release by 

telephone to the NRC; and (5) keep a log of release data such as time, date, and 

circumstance of the release. (A respondent is not required to keep a log of release data 

under the episodic release notification regulation; however EPA assumes respondents 

will keep a log of release data.) Cost and burden estimates associated with completing 

these activities assume that respondents will telephone the NRC with 24,041 release 

notifications per annum from February 1, 2011 through January 31, 2014. 

Exhibit 1 presents a summary of the unit burden hours associated with reporting a 

typical release to the NRC. The burden associated with the first collection activity in 

Exhibit 1, “Initial Telephone Call to the NRC,” includes the burden of gathering of data 

on the release, notifying the facility manager of the release, and consulting with an 

environmental compliance expert regarding the release. EPA has estimated that the 

respondent’s burden hours for reporting a typical release is 4.1 hours. 

Collection Activity

Total Burden 

Hours

Managerial Technical Clerical

Initial Telephone Call to the NRC 110 2

Recordkeeping 0.1 1 1 2.1

Total 1.1 2 1 4.1

Burden Hours

Exhibit 1

Unit Burden Hours for Reporting a Typical Release to the NRC

Initial Telephone Notification 

In estimating the burden to industry that the regulations implementing CERCLA 

section 103(a) and CWA section 311 may impose, EPA has assumed that the 

respondent’s initial telephone notification to the NRC regarding a release requires 

approximately 1 hour of technical personnel time and 1 hour of managerial time. 
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Therefore, in this ICR (1049.12), as in the previous ICR (1049.11), EPA assumes 2

burden hours for the initial telephone notification. This burden-hour estimate was 

confirmed through telephone conversations with facilities that reported releases to the 

NRC. Facilities generally agreed that the time required to evaluate a release will vary, 

depending on the nature of the release. Most of the facilities stated that the evaluation 

was relatively straightforward, requiring well under one hour. One facility stated that 

evaluating a release and determining if the release should be reported to the NRC could 

require as many as four hours of a single technical expert’s time. Other facilities 

responded that it would probably take 15 minutes to 1⁄2 hour of managerial time to 

determine whether a call to the NRC was required. In general, most facilities agreed that, 

on average, two to three person-hours was a reasonable estimate for the time required to 

determine the need to report the release to the NRC. Therefore, in this ICR (1049.12), as 

in the previous ICR (1049.11), the assumption is made that the burden of the telephone 

call for each reportable release is 2 hours (composed of 1 hour of management’s 

time and 1 hour of technician’s time), regardless of the environmental medium affected 

and the substance released. 

Recordkeeping 

Although neither CERCLA nor the CWA requires that records of releases be kept, 

EPA assumes that a facility will keep a log of any calls made to government 

organizations. Such a log will be useful for managers in establishing that the notification 

requirements of CERCLA section 103(a) and CWA section 311 have been met. The log 

may include a description of the incident and its cause; the NRC/ERNS report number, a 

brief account of any conversations with Federal officials, and a description of the 

outcome of the incident, including any cleanup action taken. The burden associated with 

internal recordkeeping is estimated at 1 technical hour and 1 clerical hour per 

release. Further, a ratio of 0.1 managerial hour to each hour of clerical time is also 

assumed. Therefore, in this ICR (1049.12), as in the previous ICR (1049.11), EPA 

assumes 2.1 burden hours per release for recordkeeping. 

Response Actions 

Under section 103(a) of CERCLA and section 311 of CWA facilities and vessels 

responsible for a release are required to take appropriate action to clean up the release. 

However, because there is no paperwork burden associated with these response actions, 

the capital and labor costs associated with response actions are not within the scope of 

this ICR (1049.12). 

6b. Estimating Respondent Costs 

i. Estimating Labor Costs 

The estimated cost to a respondent for evaluating a release and calling the NRC 

regarding the release are a function of the time expended by respondent personnel (i.e., 
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the burden estimates presented in section 6(a)), and the hourly wage rates for the 

appropriate categories of labor. The hourly wage rates used for industry in this ICR are 

from December 2009 and were obtained from the Bureau of Labor Statistics.3

 For 

purposes of this analysis, EPA estimates an average hourly respondent labor cost of 

$54.53 for managerial staff, $23.06 for technical staff, and $23.75 for clerical staff. 

These rates reflect employer cost for employee compensation in the United States 

as of December 2009 and include both employer costs for legally required benefits (e.g., 

social security, worker’s compensation, and unemployment insurance), other important 

fringe benefit categories (e.g., insurance, paid leave, retirement and savings), and 

overhead and general and administrative costs. 

ii.Estimating Capital and Operations and Maintenance Costs 

Capital costs usually include any produced physical good needed to provide the 

needed information, such as machinery, computers, and other equipment. EPA does not 

anticipate that respondents will incur capital costs in carrying out the information 

collection requirements of this regulation. 

Operation and Maintenance (O&M) costs are those costs associated with 

paperwork requirements incurred continually over the life of the ICR. EPA does not 

anticipate that respondents will incur O&M costs in carrying out the information 

collection requirements of the proposed rule. 

Costs associated with the burden hours presented in section 6(a) of this ICR 

(1049.12) are shown in Exhibit 2. 

Managerial 

($/hr)

Technical 

($/hr)

Clerical 

($/hr)

$54.53 $23.06 $23.75

Initial Telephone Notification to 

the NRC 1 1 0 $0.00 $0.00 $77.59 

Recordkeeping 0.1 1 1 $0.00 $0.00 $52.26 

Total 1.1 2 1 $0.00 $0.00 $129.85 

Burden Hours

Exhibit 2

Unit Cost for Reporting a Typical Release to the NRC

Unit 

Capital/Start 

Up Cost

Unit O&M 

Cost

Total Unit 

Cost/ 

Reportable 

Collection Activity Release

For a typical release, EPA has estimated that it costs the respondent $129.85 to 

 3

 Bureau of Labor Statistics’ news release dated, March 10, 2010, entitled, “Employer Costs for 

Employee Compensation - December 2009” listed hourly compensation (wages and salaries plus fringe 

benefits) rates for civilian managerial, technical, and clerical workers. Therefore the wage rates used in this 

ICR (1049.12) include salaries, fringe benefits, overhead costs and general and administrative costs as of 

December 2009. 
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report the release to the NRC and record the release data in the respondent’s log. 

6c. Estimating Agency Burden and Cost 

Federal government authorities are expected to perform the following activities 

under the episodic release notification regulation: (1) process respondent telephone 

notifications of a release; (2) monitor cleanup activities; and (3) conduct field response 

actions. EPA estimates that only the first Federal government activity listed above, 

“process telephone notifications,” will involve the processing of submitted paperwork. 

Estimated unit burden hours and costs and total annual burden hours and costs for the 

“process telephone notifications” activity are presented in Exhibit 3. For the period 

covered by this ICR (1049.12), EPA has assumed that the Federal government average 

hourly labor cost is $46.21 .

4

Collection Activity

Number of 

Reportable 

Releases/Year

Unit 

Burden 

Hours

Unit 

Capital/Start 

Up Cost

Unit 

O&M 

Cost

Total Unit 

Cost/ 

Reportable 

Release

Total Annual 

Burden 

Hours

Total Annual 

Cost

Processing Telephone 

Notification 24,041 1 $0.00 $0.00 $46.21 24,041 $1,110,887 

Exhibit 3

Agency Burden Hours and Costs for Processing a Telephone Notification

Processing Telephone Notification

The total burden of processing a telephone notification of a release consists of the 

time the NRC uses to (1) communicate with the respondent, (2) record and enter the 

information provided in the telephone call into the NRC data base, and (3) contact the 

predesignated EPA or Coast Guard OSC or other parties by telephone. EPA has 

estimated that one hour is needed to complete all the activities associated with processing 

an initial telephone notification. Therefore, the unit cost associated with processing an 

initial telephone call is $46.21 ( 1 hour x $46.21 per hour = $46.21 ). 

 4

 This hourly wage estimate was calculated by summing the basic hourly wage rate for a GS-12 

step 1 government employee in 2010 ( $28.88 ) and the hourly monetary value of the representative 

employee’s fringe benefits (assumed to be the basic hourly wage rate multiplied by 60 percent). 
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Response Activities

For some percentage of releases, the information provided in the telephone 

notification will prompt EPA to monitor cleanup activities. Monitoring a cleanup will 

allow EPA to directly assess and evaluate the circumstances surrounding the release, and 

the population and environment potentially affected by the release. In a small percentage 

of cases, the owner/operator will be unable to respond to the release or cleanup activities 

will appear unsatisfactory, requiring EPA to conduct its own field response actions to 

ensure that all potential hazards have been addressed and that the release has been 

thoroughly cleaned up. However, as these actions are not directly related to the 

processing of submitted paperwork, the costs and burden hours associated with these 

actions are not covered under this ICR (1049.12). 

6d. Estimating the Respondent Universe and Total Burden and Cost 

ERNS data from 2007, 2008, and 2009 were used to estimate the number of 

releases that will be reported to the NRC during the period of February 1, 2011 through 

January 31, 2014. The exhibits in this section show projected annual release reports, 

burden hours, and costs. 

The total cost and total burden estimates presented in this ICR (1049.12) are the 

aggregate annual costs and burden hours associated with reporting all hazardous 

substances and oil releases pursuant to CERCLA section 103(a) and CWA section 311. 

Annual respondent burden hours are equal to the number of releases reported to 

the NRC in a year multiplied by the unit burden hours associated with reporting a release. 

Annual cost is equal to the number of releases reported to the NRC in a year multiplied 

by the unit cost of reporting a release. Exhibit 4 presents the annual total annual burden 

hour and cost estimates for respondents. 

Collection Activity

Number of 

Reportable 

Releases/Year

Unit Burden 

Hours

Unit Cost/ 

Reportable 

Release Burden Hours Annual Cost

Telephone Notification 24,041 2 $77.59 48,082 $1,865,341 

Recordkeeping 24,041 2.1 $52.26 50,486 $1,256,455 

Total 4.1 $129.85 98,568 $3,121,796 

Exhibit 4

Estimated Annual Burden Hours and Costs Incurred by Industry (Respondents)

6e. Bottom Line Burden Hours and Cost Tables 

Exhibits 3 and 4 present the annual burden hours and costs incurred by the 

government and respondents, respectively, for all information collection requirements 
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covered in this ICR (1049.12). Exhibit 5 summarizes the bottom-line burdens and costs 

incurred by both respondents and government. The bottom-line burden to respondents is 

approximately 98,568 hours per year, at a cost of $3,121,796 . The bottom line burden to 

the government is approximately 24,041 hours per year, at a cost of $1,110,887 . 

Economic Sector Burden Hours Cost

Industry (Respondent) 98,568 $3,121,796 

Government 24,041 $1,110,887 

Total 122,609 $4,232,683 

Exhibit 5

Estimated Annual Burden Hours and Costs for Information

Collection Under CERCLA Section 103(a) and CWA Section 311

6f. Reasons for Change in Burden 

Compared to the previous ICR (1049.11), unit burden hours for industry and the 

government have not changed in this ICR (1049.12). However, total annual burden hours 

for industry and government have decreased in this ICR (1049.12) because the projected 

number of release notifications per annum in this ICR (1049.12) is less than the projected 

number of release notifications per annum in the previous ICR (1049.11). The previous 

ICR (1049.11) projected 25,861 releases would be reported to the NRC annually; while 

this renewal ICR (1049.12) projects 24,041 releases will be reported to the NRC 

annually. Comparing this ICR (1049.12) to the previous ICR (1049.11) total annual 

burden hours for industry decreases by 7,462 hours and for EPA by 1,820 hours. 

This ICR (1049.12) projects a decrease in the number of releases reported to the 

NRC annually; however, there are increases the unit costs to responders for managerial, 

technical and clerical labor categories. The result is an overall decreased cost burden for 

industry. The previous ICR (1049.11) estimated the cost-burden to industry 

as $3,161,016 , this renewal estimates the cost-burden to industry will be $3,121,796 or 

$39,220 less than the previous estimate. The estimated government unit cost increased 

however, the cost burden for government is projected to decrease, from $1,116,368 to 

$1,110,887 a decrease of $5,481 . The decrease is due to a projected decrease in the 

number of reportable releases. 
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This ICR Previous ICR Difference

Number of Releases Projected to be 

Reported to NRC Over Three-Year 

Period 72,123 77,583 -5,460

Annual Industry (Respondent) Burden 

Hours 98,568 106,030 -7,462

Annual Government Burden Hours 24,041 25,861 -1,820

Annual Industry (Respondent) Costs $3,121,796 $3,161,016 -$39,220

Annual Government Costs $1,110,887 $1,116,368 -$5,481

Exhibit 6

Summary of Total Burden Hour and Annual Cost Change

Between This ICR and the Previous ICR

6g. Burden Statement 

The annual public reporting and recordkeeping burden for this collection of 

information is estimated to average approximately 4.1 hours per response, which 

includes 2 hours of reporting and 2.1 hours per response. 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 ID No. EPA-HQ-SFUND-2010-0437, which is 

available for public viewing at the Superfund Docket in the EPA Docket Center 

(EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW, Washington, DC. The 

EPA/DC Public Reading Room is open from 8 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. Use 

www.regulations.gov to obtain a copy of the draft collection of information, submit or 

view public comments, access the index listing of the contents of the docket, and to 

access those documents in the public docket that are available electronically. Once in the 
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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, DC 20503, Attention: Desk 

Office for EPA. Please include the EPA Docket ID No. (EPA-HQ-SFUND-2010-0437)

and OMB control number (2050-0046) in any correspondence.