[Federal Register Volume 62, Number 34 (Thursday, February 20, 1997)]
[Notices]
[Pages 7769-7774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4122]


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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.

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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:

[[Page 7770]]

<a href="/cdn-cgi/l/email-protection#34585d4251584d1a565546565546557451445559555d581a5144551a535b42"><span class="__cf_email__" data-cfemail="cca0a5baa9a0b5e2aeadbeaeadbead8ca9bcada1ada5a0e2a9bcade2aba3ba">[email protected]</span></a>. 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:
    <bullet>  The facility is located at a distance such that an oil 
discharge from the facility could shut down a public drinking water 
intake; or
    <bullet>  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
    <bullet>  At least one tank at the facility does not have adequate 
secondary containment; or
    <bullet>  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 Sec. 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 Sec. 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.

[[Page 7771]]

Response Plan Maintenance

    Under Sec. 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 Sec. 112.20(h)(8), facility response plans must include 
information about facility self-inspection, 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 Sec. 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 newly-designated 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

[[Page 7772]]

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              
----------------------------------------------------------------------------------------------------------------
                                                                          Hours required                        
           Size category of facility            ----------------------------------------------------------------
                                                   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         
                                                            --------------------------------------------------------------------------------------------
                                                                                Facility                       Facility                       Facility  
                                                                   Rule         response          Rule         response          Rule         response  
                                                             familiarization      plan      familiarization      plan      familiarization      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......................................                                                                                             
(1) 165.25 hours                                                                                                                                        
(1) 180.75 hours                                                                                                                                        
(1) 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.                                                                                               


[[Page 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         Facility  response         Rule         Facility  response
                                    familiarization           plan          familiarization           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...........                                                                                
(1) 341 hours                                                                                                   
(1) 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/        Storage/                        Storage/        Storage/   
                                    consumption    distribution     Production      consumption    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.

[[Page 7774]]

    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 ``newly-regulated 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


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