Federal Register / Vol. 62, No. 34 / Thursday, February 20, 1997 / Notices 7769

Washington Street, Prairie du Sac, WI

53578

Public Scoping Meeting 2, Thursday

March 6, 1997, 7:00 p.m. to 10:00

p.m., Adams-Columbia Electric

Cooperative, 401 E. Lake Street,

Friendship, WI

Agency Scoping Meeting, Friday March

7, 1997, 8:30 a.m., Holiday Inn, 655

Frontage Road—Exit 87, Wisconsin

Dells, WI 53965

To help focus discussions, a

preliminary scoping document (Scoping

Document 1) outlining subject areas to

be addressed at the meeting will be

distributed by mail to the parties on the

FERC mailing list for each project.

Copies of Scoping Document 1 will also

be available at the scoping meetings.

Site Visits

Site visits will be held at the two projects; anyone with questions regarding the site visits should contact the

appropriate contact person below. All participants must furnish their own transportation. The date and time of the

site visits are as follows:

Date/Time Project/Dev. Contact

Monday March 3, 1997, 2:00 p.m. .................................... Prairie du Sac .................... Linda Hinseth, WPLCo, (608) 252–3341.

Tuesday March 4, 1997, 8:30 a.m. ................................... Prairie du Sac .................... Linda Hinseth, WPLCo, (608) 252–3341.

Wednesday March 5, 1997, 8:30 a.m. ............................. Castle Rock Development Dick Hilliker, WRPCo, (715) 422–3722.

Thursday March 6, 1997, 8:30 a.m. ................................. Petenwell Development ..... Dick Hilliker, WRPCo, (715) 422–3722.

The location of the site visits will be

as follows:

Project/Dev. Location

Prairie du Sac Wisconsin Power and Light

Co. Prairie du Sac Dam

Site Directions: From STH

78, turn east on Dam

Road, continue east to

project site.

Castle Rock ... Castle Rock Development

Dam Site Wisconsin River

Power Co. Directions:

From CTH Z, travel west

on Edgewood Dr. to dam

access road, continue west

to project site.

Petenwell ....... Petenwell Development Dam

Site Wisconsin River

Power Co. Directions:

From STH 21, travel north

on 18th Ave., to dam access road, continue north

to project site.

Objectives

At the scoping meetings, the staff will:

(1) summarize the environmental issues

tentatively identified for analysis in the

planned EA; (2) solicit from the meeting

participants all available information,

especially quantifiable data, on the

resources at issue; (3) encourage

statements from experts and the public

on issues that should be analyzed in the

EA, including viewpoints in opposition

to, or in support of, the staff’s

preliminary views; (4) determine the

relative depth of analysis for issues to be

addressed in the EA; and (5) identify

resource issues that are of lesser

importance, and, therefore, do not

require detailed analysis.

Procedures

The meetings will be recorded by a

stenographer and will become part of

the formal record of the Commission

proceeding on the projects under

consideration. Individuals presenting

statements at the meetings will be asked

to sign in before the meeting starts and

to clearly identify themselves for the

record. Speaking time for attendees at

the evening meetings will be

determined before the meeting, based on

the number of persons wishing to speak

and the approximate amount of time

available for the session. All speakers

will be provided at least 5 minutes to

present their views.

Individuals, organizations, and

agencies with environmental expertise

and concerns are encouraged to attend

the meetings and to assist the staff in

defining and clarifying the issues to be

addressed in the EA.

Persons choosing not to speak at the

meetings, but who have views on the

issues, may submit written statements

for inclusion in the public record at the

meeting. In addition, written scoping

comments may be field with the

Secretary, Federal Energy Regulatory

Commission, 888 First Street, N.E.,

Washington, DC 20426. All such filings

should conform with the requirements

outlined in detail in Scoping Document

1.

For further information, please

contact Frank Karwoski of (202) 219–

2782.

Linwood A. Watson, Jr.,

Acting Secretary.

[FR Doc. 97–4125 Filed 2–19–97; 8:45 am]

BILLING CODE 6717–01–M

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5691–4]

Request for Comments:

Implementation of the Oil Pollution Act

Facility Response Plan Requirements;

Agency Information Collection

Activities up for Renewal (OMB Control

Number: 2050–0135)

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: In compliance with the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.), this notice announces that

EPA is planning to submit the following

continuing Information Collection

Request (ICR) to the Office of

Management and Budget (OMB). Before

submitting the ICR to OMB for review

and approval, EPA is soliciting

comments on specific aspects of the

proposed information collection as

described below.

DATES: Comments must be submitted on

or before April 21, 1997.

ADDRESSES: Oil Program Center, 401 M

Street SW (5203G), Washington, DC

20460. Materials relevant to this ICR

may be inspected by visiting Public

Docket No. SPCC–5, located at 1235

Jefferson Davis Highway (ground floor),

Arlington, Virginia. The docket is

available for inspection between 9:00

a.m. and 4:00 p.m. Monday through

Friday, excluding Federal holidays.

Appointments are necessary and can be

made by calling (703) 603–9232. A

reasonable fee may be charged for

copying docket material.

FOR FURTHER INFORMATION CONTACT:

Bobbie Lively-Diebold, (703) 356–8774.

Facsimile number: (703) 603–9116.

Electronic address:
7770 Federal Register / Vol. 62, No. 34 / Thursday, February 20, 1997 / Notices

lively.barbara@epamail.epa.gov. Note

that questions, but not comments, will

be accepted electronically.

SUPPLEMENTARY INFORMATION:

Affected Entities

The Oil Pollution Prevention

regulation (40 CFR Part 112) applies

only to non-transportation-related fixed

facilities that could reasonably be

expected to discharge oil into or upon

the navigable waters of the U.S. or

adjoining shorelines, and that have: (1)

a total underground buried storage

capacity of more than 42,000 gallons; or

(2) a total aboveground oil storage

capacity of more than 1,320 gallons, or

an aboveground oil storage capacity of

more than 660 gallons in a single

container. All such facilities are

required to conduct an initial screening

to determine whether they are required

to develop a facility response plan in

accordance with the regulation.

Only those facilities that could cause

‘‘substantial harm’’ to the environment

must prepare and submit a response

plan. A facility is screened as

‘‘substantial harm’’ if one or both of the

following criteria are met:

(1) The facility has a total oil storage

capacity greater than or equal to 42,000

gallons and transfers oil of any kind

over water to or from vessels; or

(2) The facility’s total oil storage

capacity is greater than or equal to one

million gallons, and any of the

following is true:

• The facility is located at a distance

such that an oil discharge from the

facility could shut down a public

drinking water intake; or

• The facility is located at a distance

such that an oil discharge from the

facility could cause injury to fish and

wildlife and sensitive environments, as

described in Appendices I, II, and III of

the Department of Commerce (DOC)

Guidance for Facility and Vessel

Response Plans; or

• At least one tank at the facility

does not have adequate secondary

containment; or

• The facility has had a reportable

oil spill greater than or equal to 10,000

gallons within the last five years.

In addition, the Regional

Administrator (RA) has the authority to

require any facility subject to the Oil

Pollution Prevention regulation to

prepare a response plan.

The specific private industry sectors

subject to this action include but are not

limited to: (1) Petroleum Bulk Stations

and Terminals (SIC 517); (2) Oil and Gas

Extraction (SIC 13); (3) Trucking and

Warehousing (SIC 42); (4) Electrical

Utility (SIC 49); (5) Commercial/

Institutional Building (SIC 651); (6) Fuel

Oil Dealers (SIC 598); and (7)

Miscellaneous Manufacturing (SIC 20–

39).

Title

Implementation of the Oil Pollution

Act Facility Response Plan

Requirements, OMB Control Number:

2050–0135. EPA Control Number:

1630.03. Expiration Date: July 31, 1997.

Abstract

The authority for EPA’s response plan

requirements is derived from Section

311 of the Clean Water Act as amended

by the Oil Pollution Act of 1990 (OPA).

EPA’s regulation, which is codified at

40 CFR 112.20, requires that owners and

operators of facilities that could cause

‘‘substantial harm’’ to the environment

by discharging oil into navigable water

bodies or adjoining shorelines prepare

plans for responding, to the maximum

extent practicable, to a worst case

discharge of oil, to a substantial threat

of such a discharge, and, as appropriate,

to discharges smaller than worst case

discharges.

Each facility response plan is

submitted to EPA. The Agency, in turn,

reviews and approves plans from

facilities identified as having the

potential to cause ‘‘significant and

substantial harm’’ to the environment

from oil discharges. Other low-risk,

regulated facilities that are not required

to prepare facility response plans are

required to document their

determination that they do not meet the

‘‘substantial harm’’ criteria.

Facility response plans enhance

EPA’s ability to protect navigable waters

and sensitive environments when oil

discharges occur and reduce the cost of

spills to the regulated community and

society. Response plans reduce such

costs by ensuring that discharges are

controlled and cleaned up swiftly and

efficiently. Facilities that are prepared

to respond to incidents are more likely

to contain the spread of a spill before it

reaches navigable waters and to mitigate

the effects of a spill on the environment.

In an emergency, On-Scene

Coordinators, local emergency response

officials such as fire chiefs, and outside

oil spill response contractors may

consult a facility’s response plan.

None of the information to be

gathered for this collection is believed

to be confidential. The specific activities

and reasons for the information

collection are described below.

Initial Screening and Certification

Only those facilities regulated under

the Oil Pollution Prevention regulation

that could cause ‘‘substantial harm’’ to

the environment must prepare and

submit response plans. Owners or

operators of all facilities subject to the

Oil Pollution Prevention regulation

must familiarize themselves with the

rule to determine whether their facility

meets the ‘‘substantial harm’’ criteria.

Under § 112.20(e), facilities that do not

meet the ‘‘substantial harm’’ criteria

must document this determination by

completing the ‘‘Certification of

Substantial Harm Determination Form,’’

provided in Appendix C of the

regulation.

Response Plan Development

Under § 112.20(a), facilities that meet

the ‘‘substantial harm’’ criteria must

prepare and submit to EPA a response

plan. Preparation of a response plan

involves several tasks conducted by the

facility’s technical staff and/or hired

contractors. Facility personnel must use

background information such as the

location, quantities, and types of

material stored and a geographic

description of the site (maps, schematic

diagrams, latitude and longitude)

available from the facility’s Spill

Prevention, Control, and

Countermeasure Plan required by 40

CFR Part 112). The response plan also

must include a discussion of detection

and notification procedures at the

facility as well as a list of response

equipment. A facility must designate a

qualified individual to serve as the

facility response coordinator who will

have full authority to implement and

terminate response actions. Roles and

responsibilities of other members of the

response team (both company

responders and outside parties) also

must be clearly established. A facility

may wish to enter into an arrangement

with an outside response contractor. If

so, that response contractor’s role must

be clearly defined.

To develop a response plan, the

facility performs a hazard analysis,

which involves identifying potential

hazards based on facility background

information, determines the

vulnerability of the surrounding area

given the hazard, and assesses the risk

of a release. The results of the hazard

analysis are used to develop spill

scenarios. For one scenario, the facility

calculates the volume of a worst case

discharge and develops an effective

response to such a discharge. All

aspects of an effective response must be

included in the response plan,

including containment, countermeasure,

and mitigation procedures for different

types of incidents, and the provision for

proper cleanup and disposal of

contaminated material.
Federal Register / Vol. 62, No. 34 / Thursday, February 20, 1997 / Notices 7771

Response Plan Maintenance

Under § 112.20(g), facilities must

periodically review their response plans

to ensure consistency with the National

Oil and Hazardous Substances Pollution

Contingency Plan (NCP) and Area

Contingency Plans (ACPs).

Consequently, owners or operators who

have prepared response plans must

review relevant portions of the NCP and

the applicable ACPs annually and

update their facility response plan as

appropriate.

Regulated facilities also are required

to perform periodic drills and exercises

in order to test the effectiveness of their

response plan. Under § 112.20(h)(8),

facility response plans must include

information about facility selfinspection, drills/exercises, and

response training, including

descriptions of training and drill/

exercise programs and documentation of

tank inspections, equipment

inspections, response training meetings,

response training sessions, and drills/

exercises. Consequently, facility

response plans may be revised based on

evaluations of the facility drills and

exercises.

In addition, under § 112.20(d)(1), the

owner or operator of a facility

determined to have the potential to

cause ‘‘significant and substantial

harm’’ to the environment must

resubmit revised portions of their

response plan after each material

change. Material changes include

changes in the amount or location of oil

storage, changes in spill prevention

equipment and capabilities, and other

changes that affect the potential for a

discharge to cause ‘‘significant and

substantial harm’’ to the environment.

Recordkeeping

Facilities subject to the Oil Pollution

Prevention regulation, which determine

that the response planning requirements

under 40 CFR 112.20 do not apply to

their facility, must certify and maintain

a record of this determination. Facilities

that are subject to the response planning

requirements at 40 CFR 112.20 are

required to maintain the response plan

at the facility. The determination of

applicability and the preparation of a

response plan are one-time activities.

Facilities with response plans also are

required to maintain updates to the plan

to reflect material changes to the facility

and to log activities such as discharge

prevention meetings, response training,

and drills and exercises.

Purpose of Data Collection

The primary user of the facility

response plan will be the facility.

Facility-specific response plans will

help facility owners and operators

develop a response organization or

identify the necessary resources to

adequately respond to an oil spill in a

timely manner. Successful plans will be

scenario-based and developed by the

preparation of risk analyses of the areas

in question; identification of several

scenarios that require different levels of

response; development of strategies to

respond to each scenario; and

identification and provision of resources

necessary to respond to each scenario. If

implemented effectively, the plans will

reduce the impact and severity of oil

spills and may prevent spills due to the

identification of risks at the facility.

EPA reviews and approves response

plans for those facilities whose

discharges may cause ‘‘significant and

substantial harm’’ to the environment in

order to ensure that facilities believed to

pose the highest risk have adequate

resources and procedures in place to

respond to a spill. EPA conducts two

type of reviews for response plans

submitted by ‘‘significant and

substantial harm’’ facilities. First, EPA

performs initial reviews of response

plans submitted by ‘‘significant and

substantial harm’’ facilities that are:

newly-constructed (i.e., come into

existence after the effective date of the

regulation); existing facilities that

become subject to the response plan

requirements as the result of a change in

operations (after the effective date of the

regulation); and facilities newlydesignated by the Regional

Administrator as ‘‘significant and

substantial harm.’’ Second, EPA is

required to periodically review the

response plans of ‘‘significant and

substantial harm’’ facilities that already

have submitted a response plan to the

Agency, provided that the period

between plan reviews does not exceed

five years. The Agency will require

amendments to any response plan that

does not meet the requirements.

EPA also will use the facility-specific

information provided in the response

plans to continue to update ACPs as

required by the OPA. Certain plan

information, such as provisions for

adequate response capability to respond

to a worst case discharge, will help EPA

and other government agencies to better

understand the distribution and

capacity of the response contractor

industry and more appropriately

allocate government resources to

complement existing private-sector

capacity.

Regional, State and local response

authorities also will benefit from

information contained in facility

response plans. Area Committees,

which are established under OPA

section 4202(a), may make use of the

facility response plans in the

preparation and update of ACPs. Local

Emergency Planning Committees

(LEPCs) under the direction of the State

Emergency Planning Committee (SERC)

also can use facility-specific information

to help develop local contingency plans

required under SARA Title III

Community Right-to-Know provisions.

Once information contained in the

response plans is made available, local

and Regional response authorities will

better understand the potential hazards

and response capabilities in their area,

thus reducing risk to the community.

Burden Statement

Burden means the total time, effort, or

financial resources expended by persons

to generate, maintain, retain, or disclose

or provide the information to or for a

Federal agency. This includes the time

needed to review instructions; develop,

acquire, install, and utilize technology

and systems to collect, validate, and

verify information, process and

maintain information, and disclose and

provide information; adjust methods to

comply with any new requirements and

instructions; 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.

This notice provides the Agency’s

estimated burden to facilities to perform

the required actions under 40 CFR

112.20. The burden to regulated

facilities is estimated in terms of the

time (hours) spent by facility and other

personnel to review the rule, conduct an

initial screening to determine if plan

preparation is required and, if

necessary, prepare and maintain facility

response plans. The Agency developed

the burden hours estimates for facilities

based on consultations with facility

engineers familiar with Oil Pollution

Prevention compliance and with EPA

Regional staff involved directly with the

implementation of the program. The

burden hours calculated for each action

are taken from the current ICR and EPA

anticipates using these burden hour

estimates in the ICR renewal. The

Agency is soliciting public comment on

these burden estimates.

In calculating the burden on all

facilities subject to the response plan

requirements, EPA uses a model-facility

approach to characterize the diverse

nature of regulated facilities. For

purposes of this ICR, facilities are

categorized according to size and type of

facility operations. EPA’s size categories

are based on the oil storage capacity
7772 Federal Register / Vol. 62, No. 34 / Thursday, February 20, 1997 / Notices

categories provided in the Agency’s

‘‘Spill Prevention, Control, and

Countermeasure Facilities Study’’

(January 1991), which are defined as

follows: (1) Small facility—total

aboveground storage capacity greater

than 1,320 gallons (or 660 gallons in a

single tank) but less than or equal to

42,000 gallons; (2) Medium facility—

total aboveground or underground

storage capacities greater than 42,000

gallons but less than or equal to one

million gallons; and (3) Large facility—

total storage capacity greater than one

million gallons. The current ICR also

classifies facilities into three additional

categories based on how oil is used at

the facility: consumption of oil as a raw

material or end-use product (storage/

consumption); marketing and

distribution of oil as a wholesale or

retail good (storage/distribution); or

pumping oil from the ground as part of

exploration or production activities

(production).

Exhibit 1 provides EPA’s estimate of

burden hours for facilities to read the

regulation, make a determination of

whether the response planning

requirements apply to their facility, and

complete the certification form as

necessary. This is a one time event for

a facility regulated by the Oil Pollution

Prevention regulation.

EXHIBIT 1—BURDEN HOURS TO READ RULE, MAKE DETERMINATION, AND COMPLETE CERTIFICATION

Size category of facility

Hours required

Management Technical Clerical Total

Small ............................................................................................................. 0.25 0 0 0.25

Medium ......................................................................................................... 1 0 0.5 1.5

Large ............................................................................................................. 2 4 0.5 6.5

Most regulated facilities already have

made this one-time determination. The

burden hour estimates include facility

personnel in the following labor

categories: management, technical, and

clerical.

Exhibits 2 and 3 provide the Agency’s

estimate of the burden hours required to

prepare a response plan for medium and

large facilities, respectively. Given the

screening criteria for ‘‘substantial

harm,’’ the number of small facilities

expected to be required to prepare a

facility response plan is assumed to be

negligible. Preparation of a response

plan is a one-time event for a facility

that meets the ‘‘substantial harm’’

screening criteria. The burden described

in Exhibits 2 and 3 would apply to

facilities who have not previously

submitted response plans because they

are new or recently identified by the RA

as being ‘‘substantial harm’’ or

‘‘significant and substantial harm’’

facilities. The burden hour estimates

include facility personnel and

consultants in the following labor

categories: Management, technical,

clerical, foreman, and labor.

Exhibit 4 provides the Agency’s

estimate of the burden hours required to

maintain a response plan (i.e.,

subsequent year burdens following

initial year plan preparation burden) for

medium and large facilities. The

estimates in Exhibit 4 apply to existing

facilites with response plans. The

burden hour estimates include facility

personnel and consultants in the

following labor categories: Management,

technical, clerical, foreman, and labor.

EXHIBIT 2—ESTIMATED FIRST-YEAR BURDEN HOURS FOR FACILITIES REQUIRED TO PREPARE FACILITY RESPONSE PLANS:

MEDIUM FACILITIES

Model Facility Category

Storage/Consumption Storage/Distribution Production

Rule

familiarization

Facility

response

plan

Rule

familiarization

Facility

response

plan

Rule

familiarization

Facility

response

plan

Facility Personnel Burden (Hours)

Management ......................................................... 3.0 16.75 6.0 20.25 3.0 15.75

Technical ............................................................... 6.0 34.5 3.0 39.5 6.0 33.5

Clerical .................................................................. 1.0 7.0 1.0 7.0 1.0 6.0

Foreman ................................................................ 0.0 10.0 0.0 10.0 0.0 10.0

Labor ..................................................................... 0.0 16.0 0.0 16.0 0.0 16.0

Contractor Personnel Burden (Hours)

Management ......................................................... N/A 13.5 N/A 14.5 N/A 7.5

Technical ............................................................... N/A 48.0 N/A 53.0 N/A 40.0

Clerical .................................................................. N/A 9.5 N/A 10.5 N/A 6.5

Unit Burden Subtotal (Hours) ............................... 10 155.25 10 170.75 10 135.25

Total Unit Burden ........................................... 165.25 hours 180.75 hours 145.25 hours

N/A—Not Applicable.

Recordkeeping—The regulation does not include significant recordkeeping requirements. However, it can be assumed that the clerical labor indicated in this exhibit involves recordkeeping-related activities.
Federal Register / Vol. 62, No. 34 / Thursday, February 20, 1997 / Notices 7773

EXHIBIT 3—ESTIMATED FIRST-YEAR BURDEN HOURS FOR FACILITIES REQUIRED TO PREPARE FACILITY RESPONSE PLANS:

LARGE FACILITIES

Model facility category

Storage/Consumption Storage/Distribution

Rule

familiarization

Facility

response

plan

Rule

familiarization

Facility

response

plan

Facility Personnel Burden (Hours)

Management ..................................................................... 4.0 30.5 4.0 35.5

Technical .......................................................................... 8.0 54.25 8.0 63.25

Clerical .............................................................................. 1.0 12.0 1.0 12.0

Foreman ........................................................................... 0.0 22.0 0.0 22.0

Labor ................................................................................. 0.0 64.0 0.0 64.0

Contractor Personnel Burden (Hours)

Management ..................................................................... N/A 23.25 N/A 25.25

Technical .......................................................................... N/A 102.0 N/A 128.0

Clerical .............................................................................. N/A 20.0 N/A 21.0

Unit Burden Subtotal (Hours) ........................................... 13.0 328.0 13.0 371.0

Total Unit Burden ...................................................... 341 hours 384 hours

N/A—Not Applicable.

Recordkeeping—The regulation does not include significant recordkeeping requirements. However, it can be assumed that the clerical labor indicated in this exhibit involves recordkeeping-related activities.

EXHIBIT 4—ESTIMATED BURDEN HOURS FOR MAINTAINING FACILITY RESPONSE PLANS

Medium facilities Large facilities

Storage/

consumption

Storage/

distribution Production Storage/consumption

Storage/ distribution

Facility Personnel Burden (Hours)

Management ......................................................................... 7.5 7.5 7.5 9.0 9.0

Technical ............................................................................... 18.5 19.5 18.5 21.0 22.0

Clerical .................................................................................. 2.0 2.0 2.0 2.0 2.0

Foreman ................................................................................ 10.0 10.0 10.0 22.0 22.0

Labor ..................................................................................... 16.0 16.0 16.0 64.0 64.0

Contractor Personnel Burden (Hours)

Management ......................................................................... 0.0 0.0 0.0 6.0 8.0

Technical ............................................................................... 0.0 0.0 0.0 24.0 36.0

Clerical .................................................................................. 0.0 0.0 0.0 6.0 8.0

Total Unit Burden (Hours) ............................................. 54.0 55.0 54.0 154.0 171.0

N/A—Not Applicable.

Recordkeeping—The regulation does not include significant recordkeeping requirements. However, it can be assumed that the clerical labor indicated in this exhibit involves recordkeeping-related activities.

In estimating the total burden of the

information collection on the regulated

community in the renewal ICR, EPA

will calculate the per facility (unit)

burden for each model facility category

by multiplying the estimated burden

hours by the wage rates established for

each labor category. EPA then will

multiply the unit burden estimates for

each model facility category by the total

number of affected facilities in that

category. The total burden of the

information collection on the regulated

community will be the sum of the total

burden estimates for each model facility

category for screening and certification,

response plan development, and

response plan maintenance activities.

Screening and certification and the

development of response plans are

expected only for new facilities or

facilities identified by the RA as being

either a ‘‘substantial harm’’ or

‘‘significant and substantial harm’’

facility. The bulk of facilities required to

prepare plans in accordance with 40

CFR 112.20 will be faced only with

response plan maintenance activities for

the three-year approval period for this

ICR renewal.

The hourly rates used in the current

ICR, adjusted to 1993 dollars using the

Employment Cost Index (ECI), are:

$53.49 for management, $36.66 for

technical, and $16.72 for clerical labor.

The hourly rates for foremen and

laborers are based on average wage rates

in the construction industry. The rates,

which include direct salary and fringe

benefits (calculated at 40 percent of

direct salary) but do not include any

overhead costs are: $30.82 for foreman

and $20.55 for laborer. The consultant

hourly rates, in 1993 dollars, are:

$105.06 for management, $72.00

technical, and $32.85 for clerical labor.

In the renewal ICR, EPA will update the

labor wage rates for the different labor

categories to reflect the Federal

government’s most current wage rate

figures.
7774 Federal Register / Vol. 62, No. 34 / Thursday, February 20, 1997 / Notices

EPA also will estimate the number of

new facilities subject to the Oil

Pollution Prevention regulation that

must determine whether the response

planning requirements apply to their

facilities. Similarly, the Agency will

estimate the number of new facilities

subject to the requirements that must

prepare a response plan. EPA will use

these estimates and information on the

number of existing facilities that already

have submitted response plans to

calculate the total burden to the

regulated community for maintaining

response plans.

EPA anticipates in the renewal ICR

that the total burden attributable to the

regulation at 40 CFR 112.20 will

decrease in part because the Agency

believes the current ICR overestimated

the number of facilities subject to the

response planning requirements at the

time the regulation was first

promulgated. EPA will adjust the ICR

estimates to reflect more accurate

information obtained by the Agency

during the implementation of the

response plan requirements.

The Agency anticipates that the

burden on the regulated community for

the three-year period 1997–2000 will be

less than the burden for the three-year

period 1994–1997, because the majority

of facilities subject to the Oil Pollution

Prevention regulation currently

maintain either a certification form or a

response plan. As a result, only those

facilities previously not subject to the

regulation (i.e., facilities that are new,

that implement a change in design, such

as an increase in oil storage capacity, or

that are identified by the RA as a

‘‘substantial harm’’ facility) will be

required to either complete the

certification form or develop a response

plan in the upcoming three-year ICR

approval period. For such ‘‘newlyregulated facilities,’’ the burden

attributable to 40 CFR 112.20 may also

be lessened because the number of

states that require response plans

similar to that required under the OPA

has increased and because some new

facilities may submit a response plan

prepared in the Integrated Contingency

Plan format. EPA currently is analyzing

state requirements to determine the

degree of overlap with the response

planning requirements under the Oil

Pollution Prevention regulation.

As part of the Agency’s efforts to

reduce the overall paperwork burden on

regulated facilities, EPA would like to

solicit comments on how the Agency

could best reduce the total paperwork

burden hours for this rule while

maintaining an effective level of

environmental protection. EPA also

would like to solicit public comments

to: (i) evaluate whether the proposed

collection of information is necessary

for the proper performance of the

functions of the Agency, including

whether the information will have

practical utility; (ii) evaluate the

accuracy of the Agency’s estimate of the

burden of the proposed collection of

information, including the validity of

the methodology and assumptions used;

(iii) enhance the quality, utility, and

clarity of the information to be

collected; and (iv) minimize the burden

of the collection of information on those

who are to respond, including through

the use of appropriate automated

electronic, mechanical, or other

technological collection techniques, or

other forms of information technology,

e.g., permitting electronic submission of

responses.

No person is 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 displayed at 40

CFR Part 9. Send comments regarding

these matters, or any other aspects of the

information collection, including

suggestions for reducing the burden, to

the address listed above under

ADDRESSES near the top of this Notice.

Dated: February 13, 1997.

Stephen D. Luftig,

Director, Office of Emergency and Remedial

Response.

[FR Doc. 97–4122 Filed 2–19–97; 8:45 am]

BILLING CODE 6560–50–P

[FRL–5690–8]

Agency Information Collection

Activities Under OMB Review;

Standards of Performance for New

Stationary Sources; Automobile and

Light Duty Truck Surface Coating

Operations

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: In compliance with the

Paperwork Reduction Act (44 U.S.C.

3507(a)(1)(D), this notice announces that

the Information Collection Request (ICR)

for Standards of Performance for New

Stationary Sources—Automobile and

Light Duty Truck Surface Coating

Operations—Subpart MM) described

below has been forwarded to the Office

of Management and Budget (OMB) for

review and approval. The ICR describes

the nature of the information collection

and its expected burden and cost; where

appropriate, it includes the actual data

collection instrument.

DATES: Comments must be submitted on

or before March 24, 1997.

FOR FURTHER INFORMATION OR A COPY

CALL: Sandy Farmer at EPA, (202) 260–

2740, and refer to EPA ICR No. 1064.08.

SUPPLEMENTARY INFORMATION:

Title: Standards of Performance for

Automobile and Light Duty Truck

Surface Coating Operations (Subpart

MM) OMB Control No. 2060–0034; EPA

ICR No. 1064.08). This is a request for

reinstatement, with change, or a

previously approved collection for

which approval has expired.

Abstract: The Administrator has

judged that VOC emissions from

automobile and light duty truck surface

coating operations cause or contribute to

air pollution that may reasonably be

anticipated to endanger public health or

welfare. Owners/operators of

automobile and light duty truck surface

coating operations must notify EPA of

construction, modification, startups,

shut downs, date and results of initial

performance test. Monitoring

requirements specific to automobile and

light duty truck surface coating

operations consist of monitoring both

VOC emissions and incineration

temperatures.

In order to ensure compliance with

the standards promulgated to protect

public health, adequate reporting and

recordkeeping is necessary. In the

absence of such information

enforcement personnel would be unable

to determine whether the standards are

being met on a continuous basis, as

required by the Clean Air Act.

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. The Federal Register Notice

required under 5 CFR 1320.8(d),

soliciting comments on this collection

of information was published on

September 29, 1995.

Response to Comments: The

American Automobile Manufacturers

Association (AAMA) and the

Association of International Automobile

Manufacturers (AIAM) jointly filed

comments in response to Information

Collection Request (ICR) for Standards

of Performance for New Stationary

Sources—Automobile and Light Duty

Truck Surface Coating Operations—

Subpart MM). The ICR describes the

nature of the information collection and

its expected burden and cost; where

appropriate, it includes the actual data

collection instrument.

A meeting was held on Wednesday,

January 8, 1997 at 2:00 p.m. to discuss