EPA-HQ-SFUND-2010-0437

DRAFT for PUBLIC COMMENT July 2010 Page 1 of 19 

### RENEWAL OF INFORMATION CO LLECTION REQUEST FOR THE

EPISODIC RELEASES OF OIL AND HAZARDOUS SUBSTANCESEPA-HQ-SFUND-2010-0437

DRAFT for PUBLIC COMMENT July 2010 Page 2 of 19 1. IDENTIFICATION OF THE IN FORMATION 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, CONSULTATI ONS, 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 Opera tions 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 .............................................................................................. 18EPA-HQ-SFUND-2010-0437

DRAFT for PUBLIC COMMENT July 2010 Page 3 of 19 1. IDENTIFICATION OF THE INFORMATION COLLECTION

1a. Title of the Information Collection

Notification of Episodic Releases of O il 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 w ith the release notification requirements for hazardous substances and oil specified in section 103(a) of the Comprehensive Environmental Response, Compensation, a nd 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 part s 110, 117, and 302. This ICR renews the collection activity pr eviously approved under OMB N o. 2050-0046 and applies to the period February 1, 2011 through January 31, 201 4. Estimates of the burden placed on industry and the government to comply with the release not ification 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 imme diately notify the National Response Center (NRC) of a
hazardous substance release into the environmen t 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 comp liance 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 e xpected, but not required under the regulations.)

There are no recordkeeping require ments specified under CERCLA section 103(a), CWA section 311, or their implementing re gulations. The person in charge of the facility or vessel, however, may elect to ma intain a log detailing the time, date, and circumstances associated with the reported re lease. The purpose of maintaining a log of reported releases is to track corresponden ce with response author ities and to documentEPA-HQ-SFUND-2010-0437

DRAFT for PUBLIC COMMENT July 2010 Page 4 of 19 compliance with release no tification requirements under CERCLA and the CWA. Because it is assumed the respondent will main tain 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 notific ations) per annum. 1 Assuming 24

, 041 release notifications per annum, the total annual burden to responde nts 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 es timated 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 sectio n 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 rel ease quantity equals or exceed s the substance’s RQ. The specific information provided in the notific ation required under CERCLA section 103(a) is authorized under CERCLA section 104(e). S ection 104(e) authorizes the collection of release information, entry and inspection of th e release site, and samp ling activities at the release site for the purposes of “determining the need for response, or choosing or taking any response action under [CERCLA].” Th e release informati on collected is the
minimum information needed to determine if a Federal response act ion is required to control or mitigate any potential advers e effects associated with a release.

In addition to the CERCLA notificat ion 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 sta ndards, or causes a sludge or emulsion to be deposited beneath the surface of the water or upon adjo ining shorelines. The information required to be provided under CWA section 311 is au thorized 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 re lease notifications received by the NRC was 25

, 861

.EPA-HQ-SFUND-2010-0437

DRAFT for PUBLIC COMMENT July 2010 Page 5 of 19 for the collection of release information a nd entry, monitoring, inspection and sampling activities at the release site for the purpose of ensuring that the obj ectives 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 ha s a variety of different uses. Federal response authorities, such as EPA and Unite d 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 discha rge 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 prot ection of public health and welfare and the environment. Responses to hazardous substa nce and oil release no tifications by Federal authorities may take a variety of forms, including monitoring and overseeing cleanup activities conducted by the re sponsible party, evacuati ng 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 informa tion, which is stored in the national Emergency Response Notification System (ERNS) data base, is used by State and local government authorities, the regulated communit y, and the general public. State and local government authorities and the regulated co mmunity use release information to help inform local emergency response planning. The public use rel ease information to
become aware of the releases that have o ccurred 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, CONSULTATI ONS, AND OTHER COLLECTION
CRITERIA

3a. Non DuplicationEPA-HQ-SFUND-2010-0437

DRAFT for PUBLIC COMMENT July 2010 Page 6 of 19 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 c oordinated Federal response effort and that unnecessary delays in requesting assistance do no t occur. One call to the NRC fulfills the requirement to report releases of hazardous substances under CERC LA and several other regulatory programs, including the CWA, the Resource Conservation and Recovery Act, and the Hazardous Materials Transportation Ac t. When the NRC receives a notification, the NRC watch stander immediately notifies th e appropriate Federal OSC, who evaluates the circumstances surrounding the release a nd determines the need for a government response action. The Federal government ha s extensive resources, expertise, and authority under CERCLA to formulate response actions, ensuring a timely and coordinated field response with State, lo cal, and private organi zations, if needed.

EPA analyzed possible areas of overlap with other regulations, and concluded that there are limited areas of overlap with re porting 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 pe rmitting regulations. Permitting regulations often require reports if the permit level is exceeded. Thus, if a
release of a hazardous substa nce 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 Regi onal permitting offices or to State permitting authorities in order to maintain proper perm it enforcement records or to evaluate ambient conditions over time. In contrast, Federal offi cials use release information provided to the
NRC to evaluate the release situation a nd determine if a government response is necessary. Thus, the notifica tion in monthly monitoring report s that a permit is exceeded is not timely for response purposes.

In addition to a possible overlap be tween 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 imme diate 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 th e appropriate State Emergency Response Commission (SERC) and Local Emergency Planning Committee (LEPC), as required under EPCRA section 304, is appropriate; how ever, 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 rel eases under EPCRA section 304, some SERCs and LEPCs may not possess the resources ne cessary 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 offici als, which helps ensure that an efficient response action is taken. When Congress en acted EPCRA section 304, it was aware that
releases of hazardous substances were alrea dy reported to the NRC; Congress determinedEPA-HQ-SFUND-2010-0437

DRAFT for PUBLIC COMMENT July 2010 Page 7 of 19 that it was necessary and appropriate for su ch potentially hazardous releases to be reported immediately to all potentially a ffected government jurisdictions. The requirements under EPCRA, however, are sepa rate from those under CERCLA, and are outside the scope of this ICR (1049.12). The statutory re quirements under CERCLA and EPCRA are clear and distinct; th e Federal response system, as well as the State and local response systems, must be immediately aler ted to potentially dangerous releases of hazardous substances that may pose a threat to public health or welfare or the
environment.

3b. Public Notice Required Prio r 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 N o. 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 Federa l 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 ad justment regulations as well as the oil discharge regulation. These Workgroups consis ted of representatives from various EPA program offices, the ten EPA Regi ons, and the NRC. Participa tion of these parties in the Workgroups was sufficient to address and reso lve all outstand ing issues. The comments received on the proposed rules were addresse d in the relevant Response to Comments Documents and in the preambles to the respective final rules.

In addition to Workgroup activities, EP A sponsored many workshops and training sessions throughout the country for industry a nd Federal, State, and local government response officials on the rele ase notification requirements under CERCLA and the CWA. The workshops were held to educate the re gulated community as well as those Federal and State agencies required to implement th e regulations. In addition, the workshops provided an opportunity for the public to ask questions about, and comment on, the implementation of the reporting regu lations under CERCLA and the CWA.

3d. Effects of Less Frequent Collection

The information required under the regul ations implementing CERCLA section 103(a) and CWA section 311 is not collected at any specified frequency; rather, it is collected when reportable re leases 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 re gulatory requirements evaluated in this ICR (1049.12) represent EPA’s efforts to ensure that the NRC is notified immediately of thoseEPA-HQ-SFUND-2010-0437

DRAFT for PUBLIC COMMENT July 2010 Page 8 of 19 hazardous substance and oil releases for which a Federal response action may be necessary to protect publ ic 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 c oncerning 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 proprieta ry, 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 request ed 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. EP A expects a number of different industrial categories to report h azardous substance and oil releas es pursuant to the requirements specified in CERCLA section 103(a) and CW A section 311. No one industry sector or group of sectors or size of f acility 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 prom pt notification of hazardous substance and oil releases for which a timely res ponse may be necessary to prot ect public health or welfare or the environment. The information provide d 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:EPA-HQ-SFUND-2010-0437

DRAFT for PUBLIC COMMENT July 2010 Page 9 of 19 • The name and location of the indivi dual reporting the release, the name and type of organization (e.g., gene ral 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 tele phone number of the releaser;

• The location of the release;

• The date and time of the release;

• The name and type of material involve d in the release, and the quantity of the substance released;

• The source of the release, the vehicl e identification or carrier number, if applicable, and a brief de scription 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., tran sportation accident, operational error, natural phenomenon), and a brief desc ription 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 re sponse actions taken at th e release site, if any;

• The name(s) and type of organiza tion(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 31 1, 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 a ssociated with the reported release. The purpose of maintaining a log of reported releases is to track correspondence with response authorities and to document complia nce with release notif ication requirements
under CERCLA and the CWA. Because the re spondent will in all likelihood maintain a reported release log, burden and cost estimat es associated with recordkeeping are included in this ICR (1049.12).EPA-HQ-SFUND-2010-0437

DRAFT for PUBLIC COMMENT July 2010 Page 10 of 19 ii. Respondent Activities

To comply with the notification requir ements specified in the regulations implementing CERCLA section 103(a) and CW A section 311, the re gulated 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 comp liance expert regarding the release;

• Report the release by te lephone 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 facilitie s that reported rel eases of hazardous substances to the NRC during 1992, 1993, and 1994 2 . 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 associat ed 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 author ities. 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 regardi ng the release to the OSC, including whether the release is to air, soil, water, etc., the s ource 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 not ification. The OSC is responsible for evaluating the circumstances surrounding the release to determine whethe r 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.EPA-HQ-SFUND-2010-0437

DRAFT for PUBLIC COMMENT July 2010 Page 11 of 19 NRC personnel are also responsible for en tering 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 implem enting CERCLA section 103(a) and CWA section 311 is processing and recording the reported release info rmation, and responding to releases that may pose a significant h azard to public health or welfare or the
environment.

5b. Collection Methodology and Management

For purposes of reporting releases unde r the regulations implementing CERCLA section 103(a) and CWA section 311, a person in charge of a facil ity or vessel that experiences a reportable re lease must telephone the N RC. The NRC notifies the appropriate EPA Region or Unite d States Coast Guard Office, the affected State, and any other Federal agency that ma y be able to lend support to a potential resp onse action.

To manage the hazardous substance and oil release information submitted in accordance with CERCLA section 103(a) a nd CWA section 311, EPA uses the ERNS
data base. When a hazardous substance or o il 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 in formation collection or recordkeeping requirements on small businesses. EPA belie ves that the notifi cation 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 hea lth or welfare or the environment. The regulatory requirements are sa tisfied by a toll-free tele phone 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 ScheduleEPA-HQ-SFUND-2010-0437

DRAFT for PUBLIC COMMENT July 2010 Page 12 of 19 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 ex ceeds 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 sta ndards, or causes a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines.

6. ESTIMATING THE BURDEN A ND COST OF THE COLLECTION

6a. Estimating Respondent Burden

Under CERCLA section 103(a) and CWA s ection 311, the person in charge of a facility or vessel that expe riences 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 facili ty manager of the rele ase; (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 no tification regulatio n; however EPA assumes respondents will keep a log of release data.) Cost a nd burden estimates associated with completing these activities assume that respond ents 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 un it burden hours associated with reporting a typical release to the NRC. The burden asso ciated 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 f acility manager of the releas e, and consulting with an environmental compliance expert regarding th e release. EPA has estimated that the respondent’s burden hours for re porting 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 th at the regulations implementing CERCLA section 103(a) and CWA section 311 may impose, EPA has assumed that the respondent’s initial te lephone notification to the N RC regarding a release requires approximately 1 hour of technical personnel time and 1 hour of managerial time.EPA-HQ-SFUND-2010-0437

DRAFT for PUBLIC COMMENT July 2010 Page 13 of 19 Therefore, in this ICR (1049.12), as in the previous ICR (1049.11), EPA assumes 2

burden hours for the initial telephon e notification. This bur den-hour estimate was confirmed through telephone conversations with facilities that repor ted releases to the NRC. Facilities generally agreed that the tim e required to evaluate a release will vary, depending on the nature of the re lease. Most of the faciliti es stated that the evaluation was relatively straightforward, requiring well under one hour. One facility stated that evaluating a release and determ ining if the release should be reported to the NRC could require as many as four hours of a single te chnical expert’s time. Other facilities responded that it would proba bly 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 th e release to the NRC. Theref ore, 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 require s 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 Fede ral officials, and a description of the outcome of the incident, including any clea nup 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 (10 49.12), 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 sect ion 311 of CWA fac ilities and vessels responsible for a release are re quired to take appropriate actio n to clean up the release. However, because there is no paperwork burden associated with these response actions, the capital and labor costs associated with re sponse 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 th e time expended by respondent personnel (i.e.,EPA-HQ-SFUND-2010-0437

DRAFT for PUBLIC COMMENT July 2010 Page 14 of 19 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 fr om the Bureau of Labor Statistics. 3 For purposes of this analysis, EP A 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 empl oyee 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, a nd unemployment insurance), other important fringe benefit categories (e.g., insurance, paid leave, retirement and savings), and overhead and general and ad ministrative costs.

ii. Estimating Capital and Opera tions and Maintenance Costs

Capital costs usually include any produ ced physical good needed to provide the needed information, such as machinery, com puters, 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) cost s 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 pr esented 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

Release Collection Activity

For a typical release, EPA has estim ated that it costs the respondent $129

. 85 to

3 Bureau of Labor Statistics’ news release date d, 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 cler ical 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.EPA-HQ-SFUND-2010-0437

DRAFT for PUBLIC COMMENT July 2010 Page 15 of 19 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 expect ed to perform the following activities under the episodic rel ease notification regul ation: (1) process respondent telephone
notifications of a rel ease; (2) monitor clea nup activities; and (3) conduct field response actions. EPA estimates that only the fi rst 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 hour s and costs for the “process telephone notifications” activity ar e presented in Exhibit 3. For the period covered by this ICR (1049.12), EPA has assu med 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 processi ng 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).EPA-HQ-SFUND-2010-0437

DRAFT for PUBLIC COMMENT July 2010 Page 16 of 19 Response Activities

For some percentage of releases, th e 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 releas e 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 ac tions are not directly related to the processing of submitted paperwork, the cost s 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 report ed to the NRC during the peri od of February 1, 2011 through January 31, 2014. The exhibits in this secti on 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 a ssociated 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 releas es reported to the NRC in a year multiplied by the unit cost of reporting a release. Exhi bit 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, fo r all information collection requirementsEPA-HQ-SFUND-2010-0437

DRAFT for PUBLIC COMMENT July 2010 Page 17 of 19 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 Bu rden 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 notificatio ns 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 ar e increases the unit costs to responders for managerial, technical and clerical labor categories. The result is an overall decr eased cost burden for industry. The previous ICR (1049.11) es timated 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.EPA-HQ-SFUND-2010-0437

DRAFT for PUBLIC COMMENT July 2010 Page 18 of 19 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 recordk eeping 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 Fe deral agency. This includes the time needed to review instructions; deve lop, acquire, install, and util ize technology and systems for the purposes of collecting, validating, a nd verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applic able instructions a nd requirements; train personnel to be able to res pond to a collection of informa tion; search data sources; complete and review the collection of informa tion; 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 sugge sted methods for minimizing respondent burden, including the use of automated coll ection techniques, EP A 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 Supe rfund Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Consti tution 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 tele phone 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 pub lic docket is available at www.regulations.gov . Use www.regulations.gov to obtain a copy of the draft co llection 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 theEPA-HQ-SFUND-2010-0437

DRAFT for PUBLIC COMMENT July 2010 Page 19 of 19 system, select “search,” then key in the doc ket ID number identified above. Also, you
can send comments to the Office of Informa tion and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk
Office for EPA. Please include the EP A Docket ID No. (EPA-HQ-SFUND-2010-0437 ) and OMB control number (2050-0046) in any correspondence.