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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.............................................................................................. 7

3f. Confidentiality .................................................................................................... 7

3g. Sensitive Questions............................................................................................. 7

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......................................................................................... 9

5. THE INFORMATION COLLECTED – AGENCY ACTIVITIES, COLLECTION 

METHODOLOGY, AND INFORMATION MANAGEMENT............................ 9

5a. Agency Activities................................................................................................ 9

5b. Collection Methodology and Management....................................................... 10

5c. Small Entity Flexibility..................................................................................... 10

5d. Collection Schedule .......................................................................................... 10

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION.............. 11

6a. Estimating Respondent Burden......................................................................... 11

6b. Estimating Respondent Costs ........................................................................... 12

i. Estimating Labor Costs..................................................................................... 12

ii. Estimating Capital and Operations and Maintenance Costs............................. 13

6c. Estimating Agency Burden and Cost................................................................ 13

6d. Estimating the Respondent Universe and Total Burden and Cost.................... 14

6e. Bottom Line Burden Hours and Cost Tables.................................................... 15

6f. Reasons for Change in Burden ......................................................................... 15

6g. Burden Statement.............................................................................................. 16
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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. 1049.13.

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 April 1, 2014 through March 

31, 2017. 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 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 (1049.13), it is estimated that the NRC will 

receive 23,864 release notifications (i.e., hazardous substance release and oil discharge notifications) per 

annum.1 Assuming 23,864 release notifications per annum, the total annual burden to respondents is 

 

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 2010, 2011, and 2012. 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
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estimated to be approximately 97,842 hours, at a cost of $3,319,936 . The total annual burden to the 

government associated with 23,864 release notifications is estimated to be approximately 23,864 hours, at 

a cost of $1,102,708 .

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 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.

 

(1049.13), 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 25,368 release notifications in 2010, 

23,325 in 2011, and 

22,898 in 2012. Therefore, assuming the years 2010, 2011, and 2012 are representative of the period covered by this ICR 

(1049.13), the NRC is estimated to receive, on average, 23,864 release notifications per annum during the period April 1, 2014

through March 31, 2017. In the previous ICR (1049.12) the per annum estimate for the number of release notifications received 

by the NRC was 24,041 .
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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 for 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

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 
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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 Right-to-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 

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 (1049.13). 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.
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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 is requesting comment 

from the public through the Federal Register notice on the renewal of this ICR (1049.13). The Docket ID 

No. for the notice is EPA-HQ-SFUND-2013-0549, and can be accessed at www.regulations.gov. 

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 (1049.13). 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 (1049.13) represent EPA’s efforts 

to ensure that the NRC is notified immediately of those 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 
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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:

• 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;
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• 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 (1049.13).

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 

 

2This verification was not repeated for this ICR. It is assumed to remain the same.
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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.

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

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.
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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 23,864 release notifications per annum from April 1, 2014 through March 31, 2017.

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 1 1 0 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. Therefore, in this ICR (1049.13), as in the previous ICR (1049.12), 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 (1049.13), as in the previous ICR (1049.12), 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.
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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 (1049.13), as in the previous ICR 

(1049.12), 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 (1049.13).

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., 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 March 2013 and were obtained from the Bureau of Labor Statistics.3For 

purposes of this analysis, EPA estimates an average hourly respondent labor cost of $58.59 for 

managerial staff, $25.15 for technical staff, and $24.37 for clerical staff.

These rates reflect employer cost for employee compensation in the United States as of March 2013 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.

 

3 Bureau of Labor Statistics’ news release dated June 12, 2013, entitled, “Employer Costs for Employee Compensation 

– March 2013” 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 (1049.13) include salaries, fringe benefits, overhead costs and 

general and administrative costs as of March 2013.
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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 (1049.13) are shown in 

Exhibit 2.

Managerial 

($/hr)

Technical 

($/hr)

Clerical 

($/hr)

$58.59 $25.15 $24.37

Initial Telephone Notification to 

the NRC 1 1 0 $0.00 $0.00 $83.74 

Recordkeeping 0.1 1 1 $0.00 $0.00 $55.38 

Total 1.1 2 1 $0.00 $0.00 $139.12 

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 $139.12 to 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 (1049.13), 

EPA has assumed that the Federal government average hourly labor cost is $46.21 .

4

 

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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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 23,864 1 $0.00 $0.00 $46.21 23,864 $1,102,708 

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 ).

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 (1049.13).

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

ERNS data from 2010, 2011, and 2012 were used to estimate the number of releases that will be reported 

to the NRC during the period of April 1, 2014 through March 31, 2017. 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 (1049.13) 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.
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Collection Activity

Number of 

Reportable 

Releases/Year

Unit Burden 

Hours

Unit Cost/ 

Reportable 

Release Burden Hours Annual Cost

Telephone Notification 23,864 2 $83.74 47,728 $1,998,371 

Recordkeeping 23,864 2.1 $55.38 50,114 $1,321,564 

Total 4.1 $139.12 97,842 $3,319,936 

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 covered in this ICR (1049.13). Exhibit 5 

summarizes the bottom-line burdens and costs incurred by both respondents and government. The bottomline burden to respondents is approximately 97,842 hours per year, at a cost of $3,319,936 . The bottom line 

burden to the government is approximately 23,864 hours per year, at a cost of $1,102,708 .

Economic Sector Burden Hours Cost

Industry (Respondent) 97,842 $3,319,936 

Government 23,864 $1,102,708 

Total 121,706 $4,422,644 

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 (1049.12), unit burden hours for industry and the government have not 

changed in this ICR (1049.13). However, total annual burden hours for industry and government have 

decreased in this ICR (1049.13) because the projected number of release notifications per annum in this 

ICR (1049.13) is less than the projected number of release notifications per annum in the previous ICR 

(1049.12). The previous ICR (1049.12) projected 24,041 releases would be reported to the NRC annually;

while this renewal ICR (1049.13) projects 23,864 releases will be reported to the NRC annually. 

Comparing this ICR (1049.13) to the previous ICR (1049.12) total annual burden hours for industry

decreases by 8,188 hours and for EPA by 1,997 hours.

This ICR (1049.13) 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 increased cost burden for industry. The previous ICR (1049.12) estimated the costburden to industry as $3,161,016 , this renewal estimates the cost-burden to industry will be $3,319,936 or

$158,920 greater than the previous estimate. The estimated government unit cost remained the same

however, the cost burden for government is projected to decrease, from $1,116,368 to $1,102,708 a 

decrease of $13,660 . 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 71,592 77,583 -5,991

Annual Industry (Respondent) Burden 

Hours 97,842 106,030 -8,188

Annual Government Burden Hours 23,864 25,861 -1,997

Annual Industry (Respondent) Costs $3,319,936 $3,161,016 $158,920

Annual Government Costs $1,102,708 $1,116,368 -$13,660

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-SFUND2013-0549, 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 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-2013-0549) and the OMB 

control number (2050-0046) in any correspondence.