EPA - HQ - SFUND - 2010 - 04 37

July 2010 Page 1 of 18 

### RENEWAL OF INFORMATION COLLECTION REQUEST FOR THE EPISODIC RELEASES OF OIL AND HAZARDOUS SUBSTANCESEPA - HQ - SFUND - 2010 - 04 37

July 2010 Page 2 of 18 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 ................................ ................................ ................................ .... 8 3g. Sensitive Questions ................................ ................................ ............................. 8 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 ................................ ....................... 11 5c. Small Entity

Flexibility ................................ ................................ ..................... 11 5d. Collection Schedule ................................ ................................ .......................... 11 6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION .............. 12 6a. Estimating Respondent Burde n ................................ ................................ ......... 12 6b. Estimating Respondent Costs ................................ ................................ ........... 13 i. Estimating Labor Costs ................................ ................................ ..................... 13 ii. Estimating Capital and Operations and Maintenance Costs ............................. 14 6c. Estimating Agency Burden and Cost ................................ ................................ 14 6d. Estimating the Respondent Universe and Total Burden and Cost .................... 15 6e. Bottom L ine Burden Hours and Cost Tables ................................ .................... 16 6f. Reasons for Change in Burden ................................ ................................ ......... 16 6g. Burden Statement ................................ ................................ .............................. 17EPA - HQ - SFUND - 2010 - 04 37

July 2010 Page 3 of 18 1. ID ENTIFICATION OF THE INFORMATION COLLECTION 1a. Title of the Information Collection Notification of Episodic Releases of Oil and Hazardous Substances - EPA No. 1049.1 2 . 1b. Short Characterization/Abstract This information collection request (ICR) addresses the reporting and recordkeeping activities required to compl y with the release notification requirements for hazardous substances an d 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 part s 110, 117, and 302. This I CR renews the collection activity

previously

approved under OMB No. 2050 - 0046 and applies to the period February

1, 2011 through January

31 , 201 4 . Estimates of the burden placed on industry and the government to comply with the release notification requirements are presented on an annual basis. CERCLA section 103(a) and CWA section 311 require the person in charge of a facility or vessel to immediately notify the National Response Center (NRC) of a hazardous substance release i nto the environment if the release quantity equals or exceeds the substance ’ s reportable quantity (RQ) level and an oil discharge into U.S. waters. The regulated community is expected to:

• Gather necessary

release data, such as the time, quantity , and s ource of the release;

• Notify

the facility manager of the release;

• Consult with the environmental compliance expert regarding the release;

• Report the release to the NRC; and

• Keep a log of release data such as the time, date, and circumstances of the release. (This information is expected, but not required under the regulations.) There are no recordkeeping requirements specified under CERCLA section 103(a), CWA section 311, or their implementing regulations. The person in charge of the facility or vessel, however, may elect to maintain a log detailing the time, date, and circumstances associated with the reported release. The purpose of maintaining a log of reported releases is to track correspondence with response authorities and to document c ompliance with release notification requirements under CERCLA and the CWA.EPA - HQ - SFUND - 2010 - 04 37

July 2010 Page 4 of 18 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 - ye ar period covered b y this ICR (1049.1 2 ), it is estimated that the NRC will receive 24,041 release notifications (i.e., hazardous substance release and oil discharge notifications) per annum. 1 Assuming 24,041 release notifications per annum, the total annual burden to respondents is estimate d to be approximately 98,568 h ours, at a cost of $3,121,796 . The total annual burden to the government associated with 24,041 release notifications is estimated to be approximately 24,041 hours, at a cost of $1,110,887

. 2. NEED FOR AND USE OF THE COLLECTION 2a. Need and Authority

for the Collection The reporting activity

required under 40 CFR parts 110, 117, and 302 is authorized under CERCLA sections 103(a) and 104(e), and CWA sections 311 and 308. The regulations implement ing CERCLA section 103(a) (40 CFR part 302) require the person in charge of a facility or vessel to immediately notify the NRC of a hazardous substance release if the release quantity equals or exceeds the substance ’ s RQ. The specific information provided in the notification required under CERCLA section 103(a) is authorized under CERCLA section 104(e). Section 104(e) authorizes the collection of release information, entry and inspection of the release site, and sampling activities at the release site for the purposes of “determining the need for response, or choosing or taking any response action under [CERCLA]. ” The release information collected is the minimum information needed to determine if a Federal response action is required to control or mitigat e any

potential adverse effects associated with a release. In addition to the CERCLA notification requirements, the regulations implementing CWA section 311 (40 CFR part 110) require immediate notification to the NRC of any

release of oil into U.S. naviga ble 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

1 The estimate for the number of release notifications received by the NRC per annum is based on the number of notifications received by the NRC in the years 200 7 , 200 8 , and 200 9 . The source of the number of NRC release notifications is, NRC Statistics - Incident Types, and can be found at: http://www.nrc.uscg.mil/stats.html . For the purposes of this ICR (1049.1 2 ), the following incident types are included in the totals for release notifications: fixed , unknown sheen, vessel, storage tank, railroad, aircraft, and unknown. The NRC received 25,166 release notifications in 200 7 , 24,530 in 2008 , and 22,428 in 200 9 . Therefore, assumi ng the years 200 7 , 200 8 , and 200 9 are representative of the period covered by this ICR (1049.1 2 ), the NRC is estimated to receive, on average, 24,041 release notifications per annum during the period February 1, 2011 through January 31, 2014 . In the previous ICR (1049. 11 ) the per annum estimate for the number of release notifications received by the NRC was 25,861

.EPA - HQ - SFUND - 2010 - 04 37

July 2010 Page 5 of 18 satisfied. The Federal government needs to be notified of releases of oil in order to determine if a response action is necessary to mitigate or prevent damage to public health or welfare or the environment. 2b. Practical Utility

and Users of the Data The hazardous substance and oil releas e information collected pursuant to CERCLA section 103(a) and CWA section 311 has a variety of different uses. Federal response authorities, such as EPA and United States Coast Guard On - Scene Coordinators (OSCs), use the information to evaluate the enviro nmental 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 an d oil release notifications by Federal authorities may

take a variety

of forms, including monitoring and overseeing cleanup activities conducted b y the responsible party , evacuating surrounding populations, and directing the actual cleanup operation. The hazardous substance and oil release information collected under CERCLA section 103 and CWA section 311 also is used by EPA program offices and other Federal agencies to evaluate the potential need for additional regulations, new permitting requirements for specific substances or sources, or improved 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 State and local government authori ties, the regulated community , and the general public. State and local government authorities and the regulated community use release information to help inform local emergency

response planning. The public use release information to become aware of the releases that have occurred in their communities and throughout the nation and to learn of actions, if any , that are being taken to protect public health and welfare and the environment. The public has access to release information, statistics, and fact s heets 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 The information requi red 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 FederalEPA - HQ - SFUND - 2010 - 04 37

July 2010 Page 6 of 18 response authorities, he lps 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 circumstance s surrounding the release and determines the need for a government response action. The Federal government has extensive resources, expertise, and authority under CERCLA to formulate response actions, ensuring a timely and coordinated field response with State, local, and private organizations, if needed. EPA anal yz ed possible areas of overlap with other regulations, and concluded that there are limited areas of overlap with reporting requirements under other statutes and provisions. For example, there m ay be limited duplication with the reporting requirements specified in CERCLA section 103(a) and in certain permitting regulations. Permitting regulations often require reports if the permit level is exceeded. Thus, if a release of a hazardous substance exceeds its permit level and the substance ’ s RQ, the release must be reported to both , the applicable Federal or State permitting authority , and NRC. However, the purpose and timing of the two reports often differ. Violations of permit regulations are re ported to EPA Regional permitting offices or to State permitting authorities in order to maintain proper permit enforcement records or to evaluate ambient conditions over time. In contrast, Federal officials use release information provided to the NRC to e valuate the release situation and determine if a government response is necessary . Thus, the notification in monthly monitoring reports that a permit is exceeded is not timely

for response purposes. In addition to a possible overlap between CERCLA repor ting and certain permitting regulations, there may be some overlap with respect to the reporting requirements specified in section 304 of the Emergency Planning and Community Right to - Know Act (EPCRA), which requires immediate reporting of releases of CERC LA hazardous substances equal to or above an RQ to State and local response officials. Reporting to the NRC as well as to the appropriate State Emergency Response Commission (SERC) and L ocal Emergency Planning Committee (LEPC), as required under EPCRA sec tion 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 timel y response in the event of an emergency. Furthermore, reporting to the NRC, SERC, and LEPC provides for a coordinated effort among Federal, State , and local response officials, which helps ensure that an efficient response action is taken. When Congress enacted EPCRA section 304, it was aware that releases of hazardous substances were already reported to the NRC; Congress determined that it was ne cessary

and appropriate for such potentially hazardous releases to be reported immediatel y 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 2 ). The statutory requirements under CERCLA andEPA - HQ - SFUND - 2010 - 04 37

July 2010 Page 7 of 18 EPCRA are clear and distinct; the Federal response sy stem, as well as the State and local response s ys tems, must be immediately alerted to potentially

dangerous releases of hazardous substances that may pose a threat to public health or welfare or the environment. 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 .), on June 28, 2010 (75 FR 36653) EPA requested comment from the public on the renewal of this I CR (1049.1 2 ). The Docket ID No. for the notice is EPA - HQ - SFUND - 20 10 - 0437 , and can be accessed at www.regulations.gov . There were no comments received. 3c. Consultations EPA cons ulted with a number of Federal and State government agencies in the development of the information collection activities described in this ICR (1049.1 2 ). Workgroups were used to develop all RQ adjustment regulations as well as the oil discharge regulation . These Workgroups consisted of representatives from various EPA program offices, the ten EPA Regions, and the NRC. Participation of these parties in the Workgroups was sufficient to address and resolve all outstanding issues. The comments received on the proposed rules were addressed in the relevant Response to Comments Documents and in the preambles to the respective final rules. In addition to Workgroup activities, EPA sponsored many workshops and training sessions throughout the country for industry and Federal, State, and local government response officials on the release notification requirements under CERCLA and the CWA. The workshops were held to educate the regulated community as well as those Federal and State agencies required to implement th e regulations. In addition, the workshops provided an opportunity for the public to ask questions about, and comment on, the implementation of the reporting regulations under CERCLA and the CWA. 3d. Effects of Less Frequent Collection The information requir ed under the regulations implementing CERCLA section 103(a) and CWA section 311 is not collected at any specified frequency ; rather, it is collected when reportable releases occur. The information collected under the regulations, such as the source, quantity , and type of material released and the environmental medium affected, is critical to evaluating the threat posed by the release and the need for a response action. The regulatory requirement s evaluated in this I CR (1049.1 2 ) 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 GuidelinesEPA - HQ - SFUND - 2010 - 04 37

July 2010 Page 8 of 18 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 31 1 do not require the submittal of any proprietary, trade secret, or other confidential information. 3g. Sensitive Questions The regulations implementing CERCLA section 103(a) and CWA section 311 do not require the submission of any sensitive business informat ion. 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 release of hazardous substances and oil are pervasive throughout industry . EPA expects a number of different industrial categories to report hazardous substance and oil releases pursuant to the requirements specified in CERCLA section 103(a) and CWA section 311. No one industry sector or group of sectors or size of facility is affected disproportionately 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 the environment. The info rmation provided in the telephone call to the NRC serves to notify government authorities of the release and provides them with a description of the circumstances surrounding the release. The following information is requested from all callers:

• The nam e and location of the individual reporting the release, the name

and ty pe of organization (e.g., general public, industrial facility , or Federal, State, or local government) with which the individual reporting the release is affiliated, and the telephone n umber of the person reporting the release;EPA - HQ - SFUND - 2010 - 04 37

July 2010 Page 9 of 18 • 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 material involved in the release, and the quantity of the substance released;

• The source of the release, the vehicle identification or carrier number, if applicable, and a brief description of the source;

• The environmental medium af fected 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), and a brief description of the release scenario denoting an y 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 31 1, or their implementing regulations. The person in charge of the facility or vessel, however, may elect to maintain a log detailing the time, date, and circumstances associated with the reported release. The purpose of maintaining a log of reported rele ases is to track correspondence with response authorities and to document compliance with release notification requirements under CERCLA and the CWA. Because the respondent will in all likelihood maintain a reported release log, burden and cost estimates associated with recordkeeping are included in this I CR (1049.1 2 ). 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 t o perform the following activities:EPA - HQ - SFUND - 2010 - 04 37

July 2010 Page 10 of 18 • 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 telephone to the NRC; and

• Keep a log of release data such as the time, date, and circumstances of the release. (This information is expected but not required under the regulations.) These five general steps have been verified through c onversations with environmental compliance experts at facilities that reported releases of hazardous substances to the NRC during 1992, 1993, and 1994 2 . Each environmental compliance manager at these facilities was asked about the internal activities that are likely to occur between the time a release of a hazardous substance is discovered and the time a call is made to the NRC. The burden hours associated with reporting a release were in part based upon these findings. 5. THE INFORMATION COLLECTED

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

Activities Every hazardous substance and oil release reported by the regulated community to the NRC must be evaluated by Federal authorities. The appropriate Federal On - Scene Coordinat or (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 typ e of subst ance 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 facil ity . 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 se ction 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

2 This verification was not repeated for this ICR. It is assumed to remain the same.EPA - HQ - SFUND - 2010 - 04 37

July 2010 Page 11 of 18 environment. 5b. Collection Methodology and Management For purposes of reporting releases under the regulations implementing CERCLA section 103(a) and CWA section 311, a person in charge of a facility or vessel that experiences a reportable release must telephone the NRC. The NRC notifies the appropriate EPA Region or United States Coast Guard Office, the affected State, and any other Federal agency

that may be able to lend support to a potential response action. To manage the hazardous substance and oil release information submitted in accordance with CERCLA section 103(a) and CWA section 311 , EPA uses the ERNS data base. When a hazardous substance or oil release is reported to the NRC, it is immediately

entered into the NRC data base. The ERNS data base allows EPA to document, anal yz e, and maintain data gathered under the CERCLA and CWA not ification process. For Federal response authorities, the ERNS data base reduces the cost and time associated with processing and documenting release reports. For other EPA program offices, State and local response officials, and the public, ERNS provides for 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 recordkeeping requirements on small businesses. EPA believes that the notification requirements specified under these regulations represent the minimum level of information necessary for Federal response officials to de termine if a government response action is needed to prevent or mitigate an y damage to public health or welfare or the environment. The regulatory

requirements are satisfied b y a toll - free telephone call to the NRC. A reduction in these reporting requirements for small businesses is not possible without jeopardizing the Federal government ’ s ability to evaluate the threat posed by a release and determine if a Federal response is necessary . 5d. Collection Schedule In formation is not collected at any specified frequency ; rather, it is collected when reportable releases occur. Under CERCLA section 103(a), a release of a hazardous substance is reportable when it equals or exceeds its RQ. Pursuant to CWA section 311, a discharge of oil into navigable waters is reportable whenever the discharge causes a sheen , violates applicable water quality standards, or causes a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines.EPA - HQ - SFUND - 2010 - 04 37

July 2010 Page 12 of 18 6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION 6a. Esti mating 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 ti me, date, quantity , and source of the release; (2) notify the facility

manager of the release; (3) consult with the environmental compliance expert regarding the release; (4) report the release by telephone to the NRC; and (5) keep a log of release data su ch as time, date, and circumstance of the release. (A respondent is not required to keep a log of release data under the episodic release notification regulation; however EPA assumes respondents will keep a log of release data.) Cost and burden estimates associated with completing these activities assume that respondents will telephone the NRC with 24,041 release notifications per annum from Febr uary 1, 2011 through January 31, 201 4 . Exhibit 1 presents a summary of the unit burden hours associated with reporting a ty pical release to the NRC. The burden associated with the first collection activity in Exhibit 1, “ In itial Telephone Call to the NRC , ” includes the burden of gathering of data on the release, notifying the facility manager of the release, and consulting with an environmental compliance expert regarding the release. EPA has estimated that the respondent ’ s burden hours for reporting a typical release is 4.1 hours.

Collection Activity Total Burden Hours Managerial Technical Clerical Initial Telephone Call to the NRC 1 1 0 2 Recordkeeping 0.1 1 1 2.1 Total 1.1 2 1 4.1 Burden Hours Exhibit 1 Unit Burden Hours for Reporting a Typical Release to the NRC

Initial Telephone Notification In estimating the burden to industry that the regulations implementing CERCLA section 103(a) and CWA section 311 may impose, EPA has assumed that the respondent ’ s initial telephone notification to the NRC regarding a release requires approximately 1 hour of technical personnel time and 1 hour of managerial time. Therefore, in this I CR (1049.1 2 ), as in the previous I CR (1049. 1 1 ), EPA assumes 2 burden hours for the initial telephone notification. This burden - hour estimate was confirmed through telephone conversations with facilities that reported releases to the NRC. Facilities generally agreed that the time required to evaluate a release will vary , depending on the nature of the release. Most of the facilities stated that the evaluation was relativel y 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 facilitiesEPA - HQ - SFUND - 2010 - 04 37

July 2010 Page 13 of 18 responded that it would probably take 15 minutes to 1⁄2 hour of managerial time to determine whether a call to the NRC was requi red. 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 I CR (1049.1 2 ), as in the previous I CR (1049. 1 1 ) , 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 techni cian ’ s time), regardless of the environmental 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 an y calls made to government organizations. Such a log will be useful for managers in establishing that the notification requirements of CERCLA section 103(a) and CWA section 311 have been met. The log may include a description of the incident and its cause; the NRC/ERNS report number, a brief account of an y conversations with Federal officials, and a description of the outcome of the incident, including any cleanup action taken. The burden associated with internal recordkeeping is estimated at 1 technical hour and 1 clerical hour per release. Furthe r, a ratio of 0.1 managerial hour to each hour of clerical time is also assumed. Therefore, in this I CR (1049.1 2 ), as in the previous ICR (10 49. 11 ), EPA assumes 2.1 burden hours per release for recordkeeping. Response Actions Under section 103(a) of CERCLA and section 311 of CWA facilities and vessels responsible for a release are required to take appropriate action to clean up the release. However, because there is no paperwork burden associated with these response actions, the capital and labor costs associated with response ac tions are not within the scope of this I CR (1049.1 2 ). 6b. Estimating Respondent Costs i. Estimating Labor Costs The estimated cost to a respondent for evaluating a release and calling the NRC regarding the release are a function of the time expended b y respondent personnel (i.e., the burden estimates presented in section 6(a)), and the hourly wage rates for the appropriate categories of labor. The hourl y wage rates used for industry in this I CR are from December 2009 and were obtained from the Bureau of Labor St atistics. 3 For

3 Bureau of Labor Statistics’ news release dated, March 10, 2010 , entitled, “Employer Cost s for Em ployee Compensation - Decem ber 200 9 ” listed hourly compensation (wages and salaries plus fringe benefits) rates for civilian managerial, technical, and clerical workers. Therefore the wage rates used in this ICR (1049.1 2 ) include salaries, fringe b enefits, overhead costs and general and administrative costs as of December 2009 .EPA - HQ - SFUND - 2010 - 04 37

July 2010 Page 14 of 18 purposes of this anal ys is, EPA estimates an average hourly respondent labor cost of $54.53 for managerial staff, $23.06 for technical staff, and $23.75 for cleri cal staff. These rates reflect employer cost for employee compensation in the United States as of December 200 9 and include both employer costs for legally required benefits (e.g., social security, worker’s compensation, and unemployment insurance), other important fringe benefit categories (e.g., insurance, paid leave, retirement and savings), and overhead and general and administrative costs. ii. Estimating Capital and Operations and Maintenance Costs Capital costs usually

include any

produced ph ys ical go od needed to provide the needed information, such as machinery , computers, and other equipment. EPA does not anticipate that respondents will incur capital costs in carrying out the information collection requirements of this regulation. Operation and Maintenance (O&M) costs are those costs associated with paperwork requirements incurred continually over the life of the ICR. EPA does not anticipate that respondents will incur O&M costs in carrying out the information collection requirements of the propos ed rule. Costs associated with the burden hours presented in section 6(a) of this I CR (1049.1 2 ) are shown in Exhibit 2.

Managerial ($/hr) Technical

($/hr) Clerical

($/hr) $54.53 $23.06 $23.75 Initial Telephone Notification to the NRC 1 1 0 $0.00 $0.00 $77.59 Recordkeeping 0.1 1 1 $0.00 $0.00 $52.26 Total 1.1 2 1 $0.00 $0.00 $129.85 Burden Hours Exhibit 2 Unit Cost for Reporting a Typical Release to the NRC Unit Capital/Start Up Cost Unit O&M

Cost Total Unit

Cost/ Reportable Release Collection Activity

For a typical release, EPA has estimated that it costs the respondent $129.85 to report the release to the NRC and record the release data in the respon dent’s log. 6c. Estimating Agency

Burden and Cost Federal government authorities are expected to perform the following activities under the episodic release notification regulation: (1) process respondent telephone notifications of a release; (2) monitor cle anup 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 co sts and total annual burden hours and costs for theEPA - HQ - SFUND - 2010 - 04 37

July 2010 Page 15 of 18 “process telephone notifications ” activity are presented in Exhibit 3. For the period covered b y this ICR (1049.1 2 ), EPA has assumed that the Federal government average hourly labor cost is $46.21

. 4

Collection Activity Number of Reportable Releases/Year Unit

Burden Hours Unit Capital/Start Up Cost Unit

O&M Cost Total Unit

Cost/ Reportable Release Total Annual

Burden Hours Total Annual

Cost Processing Telephone Notification 24,041 1 $0.00 $0.00 $46.21 24,041 $1,110,887 Exhibit 3 Agency Burden Hours and Costs for Processing a Telephone Notification

Processing Telephone Notification The total burden of processing a telephone notification of a release consists of the time the NRC uses to (1) communicate with the respondent, (2) record and enter the information provided in the telephone call into the NRC data base, and (3) contact the predesignated EPA or Coast Guard OSC or other parties b y telephone. EPA has estimated that one hour is needed to complete all the activities associated with processing an initial telephone notification. Therefore, the unit cost associated with processing an initial telephone call is $46.21 ( 1 hour x $46.21 per hour = $46.21 ). Response Activities For some percentage of releases, the information provided in the telephone notification will prompt EPA to monitor cleanup activities. Monitoring a cleanup will allow EPA to directly

assess and evaluate the circumstances surrounding the release, and the population and environment potentially affected by

the release. In a small percentage of cases, the owner/operator will be unable to respond to the release or cleanup activities will appear unsatisfactory, re quiring 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 I CR (1049.1 2 ). 6d. Estimating the Respondent Universe and Total Burden and Cost ERNS data from 200 7 , 200 8 , and 200 9 were used to estimate the number of releases that will b e reported to the NRC during the period of February 1, 20 11 through January 31, 201 4 . The exhibits in this section show projected annual release reports,

4 This hourly wage estimate was calculated by summing the basic hourly wage rate for a GS - 12 step 1 government employee in 20 10 ( $28.88 ) and the hourly monetary value of the representative em ployee ’ s fringe benefits (assumed to be the basic hourly wage rate multiplied by 60 percent).EPA - HQ - SFUND - 2010 - 04 37

July 2010 Page 16 of 18 burden hours, and costs. The total cost and total burden estimates presented in this I CR (1049.1 2 ) are the aggregate annual costs and burden hours associated with reporting all hazardous substances and oil releases pursuant to CERCLA section 103(a) and CWA section 311. Annual respondent burden hours are equal to the number of releases reported to the NRC in a year multiplied by the unit burden hours associated with reporting a release. Annual cost is equal to the number of releases reported to the NRC in a year multiplied by the unit cost of reporting a release. Exhibit 4 presents the annual total annual burden hour and cost estimates for respondents.

Collection Activity Number of Reportable Releases/Year Unit Burden

Hours Unit Cost/

Reportable Release Burden Hours Annual Cost Telephone Notification 24,041 2 $77.59 48,082 $1,865,341 Recordkeeping 24,041 2.1 $52.26 50,486 $1,256,455 Total 4.1 $129.85 98,568 $3,121,796 Exhibit 4 Estimated Annual Burden Hours and Costs Incurred by Industry (Respondents)

6e. Bottom L ine Burden Hours and Cost Tables Exhibits 3 and 4 present the annual b urden hours and costs incurred b y the government and respondents, respectivel y, for all information collection requirements covered in this ICR (1049.1 2 ). Exhibit 5 summarizes the bottom - line burdens and costs incurred b y both respondents and government. The bottom - line burden to respondents is approximately 98,568 hours per year, at a cost of $3,121,796 . The bottom line burden to the government is approximately 24,041 hours per ye ar, at a cost of $1,110,887

.

Economic Sector Burden Hours Cost Industry (Respondent) 98,568 $3,121,796 Government 24,041 $1,110,887 Total 122,609 $4,232,683 Exhibit 5 Estimated Annual 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 1 ), unit burden hours for industry and the government have not changed in this ICR (1049.1 2 ). However, total annual burden hours for industry

and government have decreased in this IC R (1049.1 2 ) because the projected number of release notifications per annum in this ICR (1049.1 2 ) is less than the projected number of release notifications per annum in the previous I CR (1049.1 1 ). The previousEPA - HQ - SFUND - 2010 - 04 37

July 2010 Page 17 of 18 ICR (1049. 1 1 ) projected 25,861 releases would be reported to the NRC annually ; while this renewal ICR (1049.1 2 ) projects 24,041 releases will be reported to the NRC annually . C omparing this I CR (1049.1 2 ) to the previous I CR (1049. 1 1 ) total annual burden hours for industry decreases by 7,462 hours and for EPA by 1,820 hours. T his I CR (1049. 1 2 ) projects a decrease in the number of release s reported to the NRC annually ; however, there are increases the unit costs to responders for managerial, technical and clerical labor categories . The result is an overall decreased cost burden for industry . The previous ICR (1049. 1 1 ) estimated the cost - burden to industry as $3,161,016 , this renewal estimates the cost - burden to industry will be $3,121,796 or $39,220 less than the previous estimate . The estimated government unit cost increased however, the cost burden for government is projected to decrease , from $1,116,368 to $1,110,887 a de crease of $5,481

. The decrease is due to a project ed decrease in the number of reportable releases.

This ICR Previous ICR Difference Number of Releases Projected to be Reported to NRC Over Three-Year Period 72,123 77,583 -5 ,460 Annual Industry (Respondent) Burden Hours 98,568 106,030 -7 ,462 Annual Government Burden Hours 24,041 25,861 -1 ,820 Annual Industry (Respondent) Costs $3,121,796 $3,161,016 -$39,220 Annual Government Costs $1,110,887 $1,116,368 -$5,481 Exhibit 6 Summary of Total Burden Hour and Annual Cost Change Between This ICR and the Previous ICR

6g. Burden Statement The annual public reporting and recordkeeping burden for thi s 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 b y 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 utiliz e technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing way s to comply

with any previously

applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency

may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it display s 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.EPA - HQ - SFUND - 2010 - 04 37

July 2010 Page 18 of 18 To 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 ICR under Docket ID No. EPA - HQ - SFUND - 20 10 - 0437 , 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 : 30 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.gov to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the public docket that are available electronically . Once in the sy stem, select “search,” then key in the docket ID number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID No. (EPA - HQ - SFUND - 20 10 - 0437 ) and OMB control number (2050 - 0046) in an y correspondence.