EPA - HQ - SFUND - 2013 - 0549

OMB Review Nove mber 2013 Page 1 of 16 

### RENEWAL OF INFORMATION COLLECTION REQUEST FOR THE **EPISODIC RELEASES OF OIL AND HAZARDOUS SUBSTANCES**EPA - HQ - SFUND - 2013 - 0549

OMB Review November 2013 Page 2 of 16 1. ID ENTIFICATION OF THE INFORMATION COLLECTION ................................ ....................... 3 1a. Title of the Information Collection ................................ ................................ ................................ .. 3 1b. Short Characterization/Abstract ................................ ................................ ................................ ....... 3 2. NEED FOR AND USE OF THE COLL ECTI ON ................................ ................................ .............. 4 2a. Need and Authority for the Collection ................................ ................................ ............................. 4 2b. Practical Utility

and Users of the Data ................................ ................................ ............................. 5 3. NON DUPLICATION, CONSUL TAT IONS, AND OTHER COLLECTION CRI TERIA .............. 5 3a. Non Duplication ................................ ................................ ................................ ............................... 5 3b. Public Notice Required Prior to I CR 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 SI C Codes ................................ ................................ ................................ ............ 8 4b. In formation Requested ................................ ................................ ................................ ..................... 8 i. Data items, including record keeping requirements ................................ ................................ ......... 8 ii. Respondent Activities ................................ ................................ ................................ ................... 9 5. THE INFORMATION COLLECTED

– AGENCY ACTIVITIES, COLLECTI ON METHODOLOGY, AND INFORMATION MANAGEMENT ................................ ...................... 10 5a. Agency

Activities ................................ ................................ ................................ ........................... 10 5b. Collection Methodology and Management ................................ ................................ .................... 10 5c. Small Entity

Flexibility ................................ ................................ ................................ .................. 10 5d. Collection Schedule ................................ ................................ ................................ ........................ 11 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 L ine Burden Hours and Cost Tables ................................ ................................ ................. 15 6f. Reasons for Change in Burden ................................ ................................ ................................ ....... 15 6g. Burden Statement ................................ ................................ ................................ ........................... 16EPA - HQ - SFUND - 2013 - 0549

OMB Review November 2013 Page 3 of 16 1. ID ENTIFICATION OF THE INFORMATION COLLECTION 1a. Title of the Information Collection Notification of Episodic Releases of Oil and Haz ardous Substances - EPA No. 1049.1 3 . 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 L iability 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 1 10, 117, and 302. This I CR renews the collection activity previousl y approved under OMB No. 2050 - 0046 and applies to the period April 1, 201 4 through March 31 , 201 7 . Estimates of the burden placed on industry and the government to comply with the release n otification 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 env ironment 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. (Th is 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 releas e 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 b y th is ICR (1049.1 3 ), 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 notificat ions 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 receive d 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 ICREPA - HQ - SFUND - 2013 - 0549

OMB Review November 2013 Page 4 of 16 estimated to be approximately 97,842 hours , at a cost of $3,320,485 . 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 an d 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. Th e specific information provided in the notification required under CERCLA section 103(a) is authorize d under CERCLA section 104(e). Section 104(e) authorizes the collection of release information, entry and inspection of the release site, and sampling acti vities 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 rel ease 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 satis fied. 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.

(1049.1 3 ), 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 20 10 , 23,325 in 20 11 , and 22,898 in 20 12 . Therefore, assumin g the years 2010, 2011, and 2012 are representative of the period covered by this ICR (1049.1 3 ), the NRC is estimated to receive, on average, 23,864 release notifications per annum during the period April 1, 201 4 through March 31, 201 7 . In the previous ICR (1049.1 2 ) the per annum estimate for the number of release notifications received by the NRC was 24,041

.EPA - HQ - SFUND - 2013 - 0549

OMB Review November 2013 Page 5 of 16 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 informatio n 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 cl eanup 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 i mproved emergency

response planning. In addition, release notification information, which is stored in the national Emergency Response Notification Sy stem (ERNS) data base, is used b y s tate 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 t o 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, s tatistics, and fact sheets through the Freedom of Information Act and the NRC ’ s website (http://www.nrc.uscg.mil/nrchp.html ). 3. NON DUPLICATION, CONSUL TAT IONS, AND OTHER COLLECTION CRI TERIA 3a. Non Duplication Th e 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 respon se authorities, helps to ensure a coordinated Federal response effort and that unnecessary delay s 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. E PA anal yz ed possible areas of overlap with other regulations, and concluded that there are limited areas of overlap with reporting requirements under other statute s and provisions. For example, there may be limited duplication with the reporting requirements specified in CERCLA section 103(a) and in certainEPA - HQ - SFUND - 2013 - 0549

OMB Review November 2013 Page 6 of 16 permitting regulations. Permitting regulations often require reports if the permit level is exceeded. Thus, if a release of a hazardous substance exceeds its permit level and the substance ’ s RQ, the release must be reported to both , the applicable Federal or s tate permitting authority , and NRC. However, the purpose and timing of the two reports often differ. Violations of permit regulatio ns are reported to EPA Regional permitting offices or to s tate 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 gove rnment 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 o f CERCLA hazardous substances equal to or above an RQ to s tate and local response officials. Reporting to the NRC as well as to the appropriate State Emergency Response Commission (SERC) and L ocal 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, s tate, 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 n ecessary

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. 1 3 ). The statutory requirements under CERCLA and EPCRA are clear and distinct; the Federal response sy stem, as well as the s tate and local response s ys tems, must be immediately alerted to potentially

dangerous releases of hazardous substances th at may

pose a threat to public health or welfare or the environment.EPA - HQ - SFUND - 2013 - 0549

OMB Review November 2013 Page 7 of 16 3b. Public Notice Required Prior to I CR 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 (1049.1 3 ). The Docket ID No. for the notice is EPA - HQ - SFUND - 20 1 3 - 0 549 , and can be accessed at www.regulations.gov . There were no comments received. 3c. Consultations EPA c onsulted with a number of Federal and s tate government agencies in the development of the information collection activities described in this ICR (1049.1 3 ). Workgroups were used to develop all RQ adjustment regulations as well as the oil discharge regulati on. 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 th e 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, s tate, 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 s tate 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 und er 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 , an d ty pe 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 requirement s evaluated in this I CR (1049.1 3 ) 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 an y proprietary, trade secret, or other confidential information. 3g. Sensitive Questions The regulations implementing CERCLA section 103(a) and CWA section 311 do not require theEPA - HQ - SFUND - 2013 - 0549

OMB Review November 2013 Page 8 of 16 submission of any

sensitive business information. In addition, the information collection requested under these regulations is in compliance with the Privacy Act of 1974 and OMB Circular A - 108. 4. THE RESPONDENTS AND THE INFORMATION REQUESTED 4a. Respondents and SI C Codes This section is not applicable. The use and re lease 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 facilit y is affected disproportionatel y b y the information collection burden. 4b. In formation 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 th e environment. The information provided i n the telephone call to the NRC serves to notify government authorities of the release and provides them with a description of the circumst ances surrounding the release. The following information is requested from all callers:

• The name and location of th e individual reporting the release, the name and ty pe of organization (e.g., general public, industrial facility , or Federal, s tate, 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 typ e of materi al 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 b y the release (e.g ., air, land, water, or ground water);

• The cause of the incident (e.g., transportation accident, operational error, natural phenomenon , terrorist related 2 ), and a brief description of the release scenario denoting any 2 “ Terrorist related” is added to the list of possible cause of the incident to align with the National Response Framework (NRF). The added possible cause will not impact the burden calculation for this Information Collection Request.EPA - HQ - SFUND - 2013 - 0549

OMB Review November 2013 Page 9 of 16 unusual circumstances associated with the release;

• In formation on damages that occurred as a result of the release, including the number of injuries, number of deaths, and any property damage;

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

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

• Any

additional comments or information regarding the release. As mentioned previously, there are no recordkeeping requirements specified under CERCLA section 103(a), CWA section 311, or their implementing regulations. The person in charge of the facility or vessel, however, may

elect to maintain a log detailing the time, date, and circumstances associated with the reported release. The purpose of maintaining a log of reported releases is to tra ck 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 I CR (1049.1 3 ). 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 fo llowing 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 b y tele phone 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 1994 3 . 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.

3 This verification was not repeated for this ICR. It is assumed to remain the same.EPA - HQ - SFUND - 2013 - 0549

OMB Review November 2013 Page 10 of 16 5. THE INFORMATION COLLECTED

– AGENCY ACTIVITIES, COLLECTI ON ME THODOLOGY, AND INFORMATION MANAGEMENT 5a. Agency

Activities Every hazardous substance and oil release reported by the regulated community to the NRC must be evaluated b y Federal authorities. The appropriate Federal On - Scene Coordinator (OSC) is notified of a release b y a telephone call from the NRC. The NRC convey s 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 ty pe of substance released. The telephone call from the NRC to the OSC must occur within 15 minutes of the original release notification. The OSC is responsible for evaluating the circumstances surrounding the release to determine whether government monitoring and/or a Federal response action may be necessary . 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 s tate, and an y 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, anal yz e, 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, s tate and local response officials, and the public, ERNS provides for eas y 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 recordk eeping 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 n eeded 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 threatEPA - HQ - SFUND - 2013 - 0549

OMB Review November 2013 Page 11 of 16 posed by a release and determine if a Federal response is necessary . 5d. Collection Schedule In formation is not collected at any specified frequency ; rather, it is collected when reporta ble 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 , v iolates applicable water quality standards, or causes a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines. 6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION 6a. Estimating Respondent Burden Under CERCLA section 103 (a) and CWA section 311, the person in charge of a facility or vessel that experiences a reportable release is expected to perform the following activities: (1) gather necessary release data, such as the time, date, quantity , and source of the release; (2) notify the facility

manager of the release; (3) consult with the environmental compliance expert regarding the release; (4) report the release b y 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 wil l 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, 20 14 through March 31, 201 7 . Exhibit 1 presents a summary of the unit burden hours associated with reporting a t ypical release to the NRC. The burden associated with the first collection activity in Exhibit 1, “ Initial Telephone Call to the NRC, ” includes th e 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 ty pical 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 re spondent ’ 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 I CR (1049.1 3 ), as in the previous ICR ( 1049. 1 2 ), EPA assumes 2 burden hours for the initial telephone notification. This burden - hour estimate was con firmed through telephone conversations with facilities that reported releases to the NRC. Facilities generall y agreed that the time required to evaluate a release will vary , depending on the nature of the release. Most of theEPA - HQ - SFUND - 2013 - 0549

OMB Review November 2013 Page 12 of 16 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 man y 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 (1049.1 3 ), as in the previous I CR (1049. 1 2 ), 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 e nvironmental medium affected and the substance released. **Recordkeeping** Although neither CERCLA nor the CWA requires that records of releases be kept, EPA assumes that a facility will keep a log of any

calls mad e 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 conve rsations with Federal officials, and a description of the outcome of the incident, inclu ding 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 I CR (1049.1 3 ), as in the previous ICR (1049. 1 2 ), EPA assumes 2.1 burden hours per release for recordkeepin g. **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 I CR (1049.1 3 ). 6b. Estimating Respondent Costs i. Estimating Labor Costs The estimated cost to a respondent for evaluating a release and calling the NR C 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 hourl y wage rates for the appropriate categories of labor. The hourly wage rates used for industry in this I CR are from June 2013 and were obtained from the Bureau of Labor Statistics. 4 For purposes of this anal ys is, EPA estimates an average hourly respondent labor cost of $59.22 for managerial staff, $24.43 for technical staff, and $25.14 for clerical staff. These rates reflect employer cost for employee compensation in the United States as of June 2013 and

4 Bureau of Labor Statistics’ n ew s release dated September 11, 2013 , entitled, “Employer Costs for Employee Com pensation

– June 2013 ” listed hourly compensation (wages and salaries plus fringe benefits) rates for civilian managerial, technical, and clerical workers. Therefore the wage r ates used in this ICR (1049.1 3 ) include salaries, fringe benefits, overhead costs and general and administrative costs as of June 2013. The wage rates that were from the March 2013 news release were used for the Draft Supporting Statement and was available for public review and comment.EPA - HQ - SFUND - 2013 - 0549

OMB Review November 2013 Page 13 of 16 include both employer costs for legally required benefits (e.g., social security , worker’s compensation, and unemploy ment insurance), other important fringe benefit categories (e.g., insurance, paid leave, retirement and savings), and overhead and general and administrative costs. ii. Estimating Capital and Operations and Maintenance Costs Capital costs usually

include any

produced ph ys ical 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 I CR. EPA does not anticipate that respondents will incur O&M costs in carryi ng out the information collection requirements of the proposed rule. Costs associated with the burden hours presented in secti on 6(a) of this I CR (1049.1 3 ) are shown in Exhibit 2.

**Managerial ($/hr)**  **Technical**

**($/hr) Clerical** 

**($/hr) $59.22**  **$24.43 $25.14**  **Initial Telephone Notification to the NRC**  1 1 0 $0.00 $0.00 $83.65 **Recordkeeping** 0.1 1 1 $0.00 $0.00 $55.49 **Total 1.1**  **2 1**  **$0.00 $0.00**  **$139.14 Burden Hours**  **Exhibit 2 Unit Cost for Reporting a Typical Release to the NRC**  **Unit Capital/Start**  **Up Cost Unit O&M** 

**Cost Total Unit** 

**Cost/ Reportable**  **Release Collection Activity** 

For a typical release, EPA has estimated that it costs the respondent $139.14 to report the release to the NRC and record the rele ase 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 rel ease; (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 b y this ICR (1049.1 3 ), EPA has assumed that the Federal government average hourl y labor cos t is $46.21 . 5

5 This hourly wage estimate was calculated by summing the basic hourly wage rate for a GS - 12 step 1 government em ployee in 20 10 ( $28.88 ) and the hourly monetary value of the representative employee ’ s fringe benefits (assumed to be the basic hourly wage rate multiplied by 60 percent).EPA - HQ - SFUND - 2013 - 0549

OMB Review November 2013 Page 14 of 16 **Collection Activity Num** **ber 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 respo ndent, (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 b y the release. In a small percentage of cases, the owner/operator will be unable to respond to the release or cleanup activities will a

ppear 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 thoroughl y 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 (1049.1 3 ). 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, 20 1 4 through March 31, 201 7 . The exhibits in this section show projected annual release reports, burden hours, and costs. The total cost and total burden estimates presented in this I CR (1049.1 3 ) 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 repor ted 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.EPA - HQ - SFUND - 2013 - 0549

OMB Review November 2013 Page 15 of 16 **Collection Activity Num** **ber of Reportable**  **Releases/Year Unit Burden** 

**Hours Unit Cost/** 

**Reportable Release**  **Burden Hours Annual Cost**  Telephone Notification 23,864 2 $83.65 47,728 $1,996,224 Recordkeeping 23,864 2.1 $55.49 50,114 $1,324,261 **Total 4.1**  **$139.14 97,842**  **$3,320,485 Exhibit 4**  **Estimated Annual Burden Hours and Costs Incurred by Industry (Respondents)**

6e. Bottom L ine Burden Hour s and Cost Tables Exhibits 3 and 4 present the annual burden hours and costs incurred b y the government and respondents, respectivel y, for all information collection requirements covered in this ICR (1049.1 3 ). Exhibit 5 summarizes the bottom - line burdens and costs incurred by both respondents and government. The bottom line burden to respondents is approximately 97,842 hours per year, at a cost of $3,320,485 . The bottom line burden to the government is app roximately 23,864 hours per year, at a cost of $1,102,708 .

**Econom ic Sector**  **Burden Hours Cost**  Industry (Respondent) 97,842 $3,320,485 Government 23,864 $1,102,708 **Total 121,706**  **$4,423,192 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 I CR (1049.1 2 ), unit burden hours for industry and the government have not changed in this I CR (1049.1 3 ). However, total annual burden hours for industry and government have d ecreased in this I CR (1049.1 3 ) because the projected number of release notifications per annum in this ICR (1049.1 3 ) is less than the projected number of release notifications per annum in the previous ICR (1049.1 2 ). The previous ICR (1049.1 2 ) projected 24,041 releases would be reported to the NRC annually ; while this renewal ICR (1049.1 3 ) projects 23,864 releases will be reported to the NRC annually . C omparing this I CR (1049.1 3 ) to the previous ICR (1 049.1 2 ) total annual burden hours for industry decreases by 726 hours and for EPA by 177 hours. T his I CR (1049. 1 3 ) projects a decrease in the number of release s reported to the NRC annually ; h owever, there are increases to 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. 1 2 ) estimated the cost burden to industry

as $3,121,796 , this renewal estimates the cost - burden to industry will be $3,320,485 or $198,689 greater than the previous estimate. The estimated government unit cost remained the same however, the cost burden for government is projected to decrease , from $1,110,887 to $1,102,708 a de crease of $8,179 . The decrease is due to a projected decrease in the number of reportab le releases .EPA - HQ - SFUND - 2013 - 0549

OMB Review November 2013 Page 16 of 16 **This ICR Previous ICR**  **Difference** Number of Releases Projected to be Reported to NRC Over Three-Year Period 71,592 72,123 -531 Annual Industry (Respondent) Burden Hours 97,842 98,568 -726 Annual Government Burden Hours 23,864 24,041 -177 Annual Industry (Respondent) Costs $3,320,485 $3,121,796 $198,689 Annual Government Costs $1,102,708 $1,110,887 -$8,179 **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 f or 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 s ys tems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing way s to compl y with any previously

applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complet e and review the collection of information; and transmit or other wise 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. T o comment on the Agency ’s need for this information, the accuracy of the provided burden estimates, and an y suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this I CR under Docket ID No. EPA - HQ - SFUND 20 1 3 - 0 5 4 9 , 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 holiday s. 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.g ov to obtain a cop y 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 electronicall y. Once in the s ys tem, s elect “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 - 20 1 3 - 0 5 4 9 ) and the OMB control number (2050 - 0046) in any correspondence.