### SPILL PREVENTION

, CONTROL AND COUNTERMEASURE (SPCC)

PLANS

1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) Title of the Information Collection

Spill Prevention

, Control

, and Countermeasure (SPCC) Plans (Renewal)

. ( EPA ICR No. 0328.1 7

, OMB No

. 2050

- 0021 )

1(b) Short Characterization

The Oil Pollution Prevention regulation

, 40 CFR P art 112

, requires and establishes procedures for the preparation and implementation of Spill Prevention, Control, and Countermeasure (SPCC) Plans. SPCC Plans help minimize the potential for oil discharges from

non

- transportation

- related onshore and offshore facili ties into or upon the navigable waters of the United States or adjoining shorelines that affect certain natural resources.

Owners and operators of regulated facilities must prepare SPCC Plans in accordance with good engineering practices and have them cer tified by a P rofessional E ngineer (PE) or self

- certified in the case of qualified facilities and approved by a person with the authority to commit the resources necessary to implement the SPCC Plan. SPCC Plans address the following three areas: (1) operating procedures that prevent oil spills; (2) control measures installed to prevent a spill from reaching navigabl e waters or adjoining shorelines; and (3) countermeasures to contain, clean up, and mitigate the effects of an oil discharge that could reach navigable waters. Each SPCC Plan, while unique to the facility it covers, must include

certain standard elements t o ensure compliance with the regulations.

This Information Collection Request (ICR) revision covers all provisions of 40 CFR part 112 relating to SPCC Plans

.

This supporting statement estimates paperwork

- related burden for the ICR period, which

covers three years: Ju ly 1

– December 31, 201 6 , 201 7 , 201 8

, and January 1

– June 30 , 201 9

. T he U.S. Environmental Protection Agency (EPA) estimate s that approximately 540 ,000

facilities will be covered by the SPCC regulations in 2017 and may incur paperwork

- related burden in the first year of this ICR

. 1 

### EPA estimates a total reporting and recordkeeping burden

for all regulated facilities at approximately 6. 2 million hours in each year of this ICR

.

EPA expects that the paperwork burden may change over the three

- year covered period

due to a potential rulemaking prompted by the Water Resources Reform and Development Act (WRRDA) of 2014 (Pub .L. 113

- 121)

. EPA will submit a revised burden estimate as needed to reflect the changes in regulatory requirem ents.

1 While new facilities will incur significant paperwork

- related burden by taking certain actions in the first year of the ICR (e.g., new facilities will prepare an SPCC Plan), existing facilities may not need to take any action except for maintaining records.

1

### 2. NEED FOR AND USE OF THE COLLECTION

2(a) Need/Authority for the Collection

Section 311(j)(1)(C) of the Federal Water Pollution Control Act, or Clean Water Act (CWA), authorizes the President to issue regulations establish ing procedures, methods, equipment, and other requirements to prevent discharges of oil from vessels and facilities and to contain such discharges. 2 

### The President delegated the authority to regulate non

- transportation

related onshore facilities under §311( j)(1)(C) of the Act to EPA under Executive Order (E.O.) 12777, §2(b)(1). 3 

### By this same Executive Order, the President delegated authority over transportation

- related onshore facilities, deepwater ports, and vessels to the U.S. Department of Transportation (DOT) and authority over other offshore facilities, including associated pipelines, to the U.S. Department of the Interior (DOI)

. A Memorandum of Understanding (MOU), dated February 3, 1994, among EPA, DOT, and DOI, reallocated the responsibility for non

transportation

- related offshore facilities that are landward of the coastline to EPA

. An earlier MOU between the Secretary of Transportation and the EPA Administrator, dated November 24, 1971 (36 FR 24080), established the definitions of non

- transportation

- related facilities and transportation

- related facilities.

The Oil Pollution Prevention regulation, 40 CFR P art 112, outlines requirements for preventing

, preparing , and respond ing to oil spills. The prevention part of this regulation at §112.1 through §112. 1 2 is also known as the SPCC rule. It was originally promulgated on

December 11, 1973, at 38 FR 34164, under the authority of §311(j)(1)(C) of the CWA and subsequently amended on several occasions, most recently in April 2011 (76 FR 21652) . The regula tion establishe s spill prevention procedures, methods, and equipment requirements for

non

- transportation

- related onshore and offshore facilities with aboveground oil storage capacity or completely buried underground oil storage capacity greater than certai n thresholds and meeting other criteria (see §112.1). Regulated facilities are limited to those that, because of their location, could reasonably be expected to discharge oil in quantities that may be harmful into the navigable waters of the United States or adjoining shorelines.

2(b) Practical Utility/Users of the Data

EPA does not routinely collect SPCC Plans or related records from SPCC

- regulated

facilities

. Preparation, implementation, and maintenance of the SPCC Plan by the facility owner or operator helps prevent oil discharges and mitigate the environmental damage caused by such discharges

. Therefore, the primary user of the data is the facility owner or operator

. For example:

• Accumulating the necessary data requires that the facility staff analyze the facility measures and procedures for preventing oil discharges, facilitating safety awareness, and promoting appropriate modifications to facility design and operations;

2 33 U.S.C. 1321(j)(1)(C).

3 56 FR 54757 (October 22, 1991), superseding Executive Order 11735, 38 FR 21243.

2

### • Having the required information in a single document p romotes efficient response in the event of a discharge;

• Implementing the Plan according to the specifications of 40 CFR part 112 requires meeting certain design and operational standards that reduce the likelihood of an oil discharge;

• Keeping inspection records promotes important maintenance, facilitates leak detection, and demonstrates compliance with the SPCC requirements; and

• Reviewing the Plan periodically ensures the implementation of more effective spill prevention control technology as it becomes available and is demonstrated to be effective.

Although facility personnel are the primary users of the data, EPA may use the data in certain situations. EPA’s primary use of the data contained in an SPCC Plan is through inspection to ensure that a f acility is in full compliance with all elements of the SPCC rule, including design and operation specifications and inspection requirements. For example, EPA reviews SPCC Plans as part of it s inspection program. However, inspection

- related activities are

n ot covered by this ICR

. A Regional Administrator may require a facility owner or operator to

amend an SPCC Plan if he/she finds that the facility has not met the requirements of the regulation

, or if amendment of the Plan is necessary to prevent and contai n discharges of oil.

State and local governments are also users of the data. The information provided in SPCC Plans (e.g., facility configuration and potential risks) is not necessarily available elsewhere and assists local emergency preparedness planning efforts. The Plan should be compatible and coordinated with local emergency plans, including those developed under Title III of the Superfund Amendments and Reauthorization Act of 1986 (Pub. L. 99

- 499)

. Coordination with state governments is facilitated b y the provision in §112.4(c) requiring that, after certain discharges, information on the discharge be sent to the relevant state and local agencies. The flexibility with respect to Plan formatting promotes greater coordination with state planning efforts by encouraging the use of plans prepared pursuant to state regulations.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a) Non

- duplication

For some facilities, certain requirements of the Oil Pollution Prevention regulation could be the same or substantially similar to regulations addressing underground storage tanks (USTs)

. The SPCC rule addresses this overlap by exempting completely buried tanks subject to all of the technical requirements of EPA’s UST program ( 40 CFR part 280) or a state program approved under 40 CFR part 281.

The regulation allows considerable flexibility in Plan preparation and recordkeeping. The regulation allows the use of alternative, appropriately cross

- referenced formats based on other state or other federal requirements. F lexibility is also provided for facility recordkeeping practices, as records required pursuant to the National Pollutant Discharge El imination System (NPDES) program and API Standards may satisfy certain SPCC recordkeeping requirements

.

3

### Records kept under usual and customary business practices are also accepted for inspections, tests, and records.

3(b) Public Notice Required Prior t o ICR Submission to the Office of Management and Budget (OMB)

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Agency has notified the public of the renewal of this ICR through the Federal Register on January 13

, 201 6 (81 FR 1 625 ). One comment w as submitted. The commenter indicated that th e signature

date was incorrect.

Response to Comment

EPA agrees with the comment. The first notice indicated a signature date of December 23, 2105. However, the document was actually signed on December 23, 2015. The original paper signature page has the correct signature date, so this was a typographical error.

3(c) Consultations

A s part of previous effort s to estimate the per

- facility compliance cost with the SPCC

p aperwork requirements, EPA had contact ed affected facilities and PE firms or association s that provide PE services directly to or represent regulated facilities about EPA’s SPCC burden assumptions and estimates (see 77 FR 74659 )

. The contacts confirmed that EPA’s hour burden

estimates were reasonable. For this renewal, the following individuals were consulted:

Brian Klingler; Conoco Engineers, Scientists, and Surveyors; (508) 697

- 3191 Kelly Lamkin; Lamkin Production Company; (870) 947

- 0415 Warner T. Smith, PE; Warner T. Smith Associates, Inc.; (870) 725

- 2550 Timothy Laughlin, PE; North Carolina Petroleum and Convenience Marketers Association; (919)

782

- 4411

3(d) Effects of Less Frequent Collection

The SPCC rule requires the development and maintenance of SPCC Plans. EPA does not require the owners and operators of facilities to submit these Plans to EPA

. T he Plan must

be available to the Regional Administrator ( RA ) (or an inspector) for onsite revie w during normal

business hours

. Section 112.4(a) requires that owners and operators submit certain critical

information to EPA regarding a discharge and corrective actions. In order to conduct proper

follow

- up actions as necessary, EPA personnel may reques t the Plan itself or access a copy of the entire SPCC Plan by visiting the facility. Because collection is not periodic, less frequent collection is not possible.

The owner or operator of a facility is required to review and evaluate the facility Plan

eve ry five years. EPA’s experience in administering the SPCC regulation indicates that updating Plans to reflect currently available and proven technology and techniques for preventing and

4

### controlling oil discharges every five years is sufficient given the de gree to which such technologies and techniques evolve over time.

3(e) General Guidelines

The information collection activities discussed in this ICR comply with the general Paperwork Reduction Act guidelines at 5 CFR 1320.5(d)(2).

3(f) Confidentiality

The nature of the data being gathered as part of this ICR is not confidential.

3(g) Sensitive Questions

The information gathering activities discussed in this ICR do not involve sensitive questions.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a) Respondents/NAICS Codes

The industries that are likely to be covered by the SPCC rule fall into many North American Industrial Classification System (NAICS) categories, including those associated with petroleum production, non

- petroleum oil storage, processing (refining), distribution, storage, and consumption. The majority of regulated facilities fall under the industry sectors listed in Exhibit 1

.

5

### Exhibit 1

Pr imary Industry Sectors and NAICS Codes Covered by the SPCC Rule

Industry Category NAICS Code(s)

Oil and Gas Extraction 211

Farms 111, 112

Electric Utility Plants 2211
Petroleum Refining and Related Industries 324

Chemical Manufacturing 325
Food Manufacturing 311, 312
Manufacturing Facilities Using and Storing Animal Fats and Vegetable Oils 311, 325

Metal Manufacturing 331, 332
Other Manufacturing 31

- 33
Real Estate Rental and Leasing 531

- 533

Retail Trade 441

- 446, 448, 451

- 454

Contract Construction 23

Wholesale Trade 42

Other Commercial 492, 541, 551, 561

- 562

Transportation 481

- 488

Arts Entertainment & Recreation 711

- 713
Other Services (Except Public Administration) 811

- 813

Education 611

Petroleum Bulk Stations and Terminals 4247
Hospitals & Other Health Care 621

- 624

Accommodation and Food Services 721, 722

Fuel Oil Dealers 45431

Gasoline Stations 4471

Information Finance and Insurance 51, 52
Mining 212, 213
Warehousing and Storage 493

Pipelines 4861, 4869

Government 92
Military Installations 928110

Religio u s Organizations 813110



### 4(b) Information Requested

(i) Data Items, Including Recordkeeping Requirements

The primary data collection activities required by the SPCC rule are the preparation and maintenance of the SPCC Plan along with preparing records of inspections and tests. In preparing a Plan, a facility owner or operator must follow the provisions outlined in the regulation and include a discussion o f the measures taken to meet the SPCC requirements

,

6

### some of which are listed below . For more detailed requirements, please refer to the Oil Pollution Prevention regulation at 40 CFR part 112

.

• Potential equipment failure

. Where experience indicates a reasonable potential for equipment failure (e.g., tank overflow, rupture, or leakage), the Plan must include a prediction of the direction, rate of flow, and total quantity of oil that could be discharged from the facility as a resul t of each major type of equipment failure (§112.7(b)).

• Containment/diversion or contingency planning

. Appropriate containment and/or diversion structures or equipment must be provided to prevent a discharge (§§112.7(c), 112.7(h)(1), 112.8(c)(2), 112.8(c)( 11), 112.9(c)(2), 112.10(c), 112.12(c)(2), and/or 112.12(c)(11), as applicable according to facility type). For onshore facilities, the owner or operator must use one of the following preventive systems or its equivalent : dikes, berms, or retaining walls sufficiently impervious to contain oil; curbing; culverting, gutters, or other drainage systems; weirs, booms, or other barriers; spill diversion ponds; retention ponds; or sorbent materials. The owner or operator of an offshore facility is subject to slig htly different requirements due to the facility’s unique configuration. While §112.7(c) generally requires secondary containment to be appropriately sized (i.e., to address the most likely discharge so that the oil will not escape containment before

cleanu p occurs), the additional provisions listed above specify a required minimum size for secondary containment at particular areas of a facility (i.e., sized to contain the largest single oil compartment or container plus sufficient freeboard to contain preci pitation). Where installation of these structures or equipment is determined by the owner or operator to be impracticable, a facility owner or operator must explain why, provide a contingency plan following 40 CFR part 109 (or a Facility Response Plan),

co nduct periodic integrity testing of the containers and periodic integrity and leak testing of valves and piping, and provide a written commitment of the manpower, equipment, and materials required to expeditiously control and remove any harmful quantity of oil discharged (§112.7(d)).

O wners and operators of facilities with certain types of oil

- filled operational equipment

have the option of preparing an oil spill contingency plan and a written commitment of manpower, equipment, and materials in lieu of pro viding secondary containment for qualified oil

- filled operational equipment, without making an individual impracticability determination as required in §112.7(d). Owners or operators who pursue this alternative are required to establish and document an ins pection or monitoring program for this qualified oil

- filled operational equipment to detect equipment failure and/or a discharge, in lieu of providing secondary containment. An owner or operator cannot pursue the option if that facility has had a single di scharge as described in §112.1(b) from any oil

filled operational equipment exceeding 1,000 U.S. gallons or two discharges as described in §112.1(b) from any oil

- filled operational equipment each exceeding 42 U.S. gallons within any 12

- month period in the three years prior to the SPCC Plan self

certification date, or since becoming subject to 40 CFR part 112 if the facility has been operating for less than three years.

O wners and operators of oil production facilities have the option of preparing an oil sp ill contingency plan and a written commitment of manpower, equipment, and materials in

7

### lieu of prov iding secondary containment in accordance with § 112.7(c) for flowlines and

intra

- facility gathering lines. These facility owners/operators may also choose a l ternative compliance options in lieu of sized secondary containment requirements of § 112.9(c)(2)

for flow

- through process vessels and produced water containers. 4 

### However, if the facility experiences discharges from flow

- through process vessel or produced w ater container (excluding discharges that are the result of natural disasters, acts of war, or terrorism) as described below, then the facility if no longer eligible for the alternative requirements for this equipment and must comply with the sized seconda ry containment and inspection requirements of §112.9(c)(2) and (c)(3) within six months:

• A d ischarge of more than 1,000 U.S. gallons of oil in a single discharge as described in §112.1(b), or

• Two discharges of more than 42 U.S. gallons of oil in each of t wo discharges as described in §112.1(b) within any twelve month period.

The alternative requirements for flow

- through process vessels are described in § 112.9(c)(5) and require visual inspect ion and/or test of flow

- through process vessels

and associated co mponents (such as dump valves) for leaks, corrosion, or other

conditions that could lead to a disch arge as described in § 112.1(b) on a periodic and regular schedule ; corrective action or repairs to flow

- through process vessels and any associated components as indicated by regularly scheduled visual inspections, tests, or evidence of an oil discharge ; and p rompt remov al or actions initiate d to stabilize and remediate any accumulations of oil discharges associated with flow

- through process

vessels.

The alter native requirements for produced water containers are described in § 112.9(c)(6) and require:

• A procedure for each produced water container that is designed to separate the

free

- phase oil that accumulates on the surface of the produced water be implemented on a regular schedule

. The SPCC Plan must descri be the procedures, frequency, amount of free

- phase oil expected to be maintained inside the container, and a Professional Engineer certification in accordance with §112.3(d)(1)(vi). Records of such events mus t be m aintain ed in accordance with §112.7(e).

• V isual inspect ion and/or test of the produced water container and associated piping for leaks, corrosion, or other conditions that could lead to a discharge as described in §112.1(b) in accordance with good engineering practice and on a regular schedule

.

• C orrective action or repairs to th e produced water container and any associated piping as indicated by regularly scheduled visual inspections, tests, or evidence of an oil discharge.

• Prompt remov al or actions initiate d to stabilize and remediate any accumulations of oil discharges associat ed with the produced water container.

4 Note that the secondary containment requirements of §112.7(c) still apply to these containers.

8

### • Detailed requirements

. In addition to secondary containment requirements, the Plan must include a discussion of the facility’s conformance with more detailed and specific requirements, as applica ble according to facility type. These specific requirements concern facility diagrams and discharge reporting information and procedures (§112.7(a)); personnel, training, and discharge prevention procedures (§112.7(f)); security (§112.7(g)); facility tank car and tank truck loading/unloading rack (excluding offshore facilities) (§112.7(h)); brittle fracture issues related to certain field

- constructed aboveground containers (§112.7(i)); other applicable federal, state, and local requirements (§112.7(j)), int egrity testing and/or visual inspection (§112.8(c)(6), §112.9(c)(3) or §112.12(c)(6)); and flow

- line maintenance programs (§112.9(d)( 4 )).

• Specific recordkeeping requirements

. Every facility owner or operator must conduct inspections and tests required by 40 CFR part 112 in accordance with written procedures in the Plan and keep a record of the inspections and tests, signed by the appropriate supervisor or inspector, with the SP CC Plan for a period of three years (§112.7(e)). Records of inspections and tests may be kept under usual and customary business practices.

• Specific reporting requirements

. As the result of an oil discharge

, in accordance with §112.4 the following inform ation must be provided to the Regional Administrator:

(1) Name of the facility; (2) Name of the owner or operator; (3) Location of the facility; (4) Maximum storage or handling capacity of the facility and its normal daily throughput; (5) The c orrective action or countermeasures taken, including an adequate description of equipment repairs and/or replacements; (6) Description of the facility including maps, flow diagrams, and topographic

maps; (7) Cause(s) of the spill, including a failure analy sis of the system or subsystem in which the failure occurred; (8) Additional preventive measures taken or contemplated to minimize the possibility of recurrence; and (9) Such other information as the Regional Administrator may reasonably require pertinent to the Plan or to the spill event.

In addition, a facility owner or operator must update his or her Plan as necessary, following a modification in the facility’s design or operations that materially affects its potential for a discharge and following the five

- year review.

(ii) Respondent Activities

The Oil Pollution Prevention regulation requires an owner or operator to conduct the following compliance activities:

• Prepare and implement an SPCC Plan (§§112.3 and 112.7);

9

### • Maintain the SPCC Plan and keep reco rds (§§112.3 and 112.7(e));

• Revise the SPCC Plan following a material modification of the facility (§112.5(a)); and

• Conduct periodic reviews of the SPCC Plan (§112.5(b)).

Each of these compliance activities is summarized in more detail below:

Prepare a nd implement an SPCC Plan

The owner or operator of a new non

- production facility must amend or prepare, and implement, an SPCC Plan in accordance with the guidelines set forth in 40 CFR part 112 before beginning operations. 5 

### The actual preparation of the Plan may involve several separate tasks, which could be conducted by the facility’s technical personnel or PEs

. These tasks may include:

• Field investigations , which are conducted to fully understand the design of the facility and to accurately predict the areas or equipment most likely to discharge oil (this involves predicting the flow paths of spilled oil);

• A regulatory review conducted by management personnel, such that the technical personnel in charge of actually preparing the Plan are fully aware of all requirements in 40 CFR part 112;

• A review of existing procedures conducted to determine the effectiveness of the current spill prevention and control practices employed by the facility;

• Preparation of the Plan

, which involves both technical and clerical time, as well as a final review by facility management personnel prior to completion (could also be performed by an engineering firm).

Tier I qualified facilities

- a subset of qualified facilities having no oil storage containers with a capacity greater than 5,000 gallons

- are allowed to complete an SPCC Plan template (Appendix G to the 40 CFR part 112) in lieu of a full SPCC Plan

. By completing the SPCC Plan template, an owner or operator of a Tier I qualified facility self

- certif ies that the facility complies with a set of streamlined SPCC rule requirements

. The owner or operator is responsible for ensuring that the facility is in compliance with all SPCC rule requirements.

For facility diagrams required under §112.7(a)(3) the facility owner or operator must
mark the location of fixed containers and mark the area on the diagram where mobile containers are stored, and can choose to indicate in the Plan the average number of mobile or portable containers maintain ed at the facility and the anticipated contents and capacities of those containers, rather than on the diagram itself

.

5 In the November 2009 amendments, EPA allowed owners and operators of new oil production facilities a period of six months to prepare and implement an SPCC Plan.

10

### • Certification of the Plan must be conducted for each new Plan

. For facilities that do not meet the “qualified facility” criteria set forth in §112.3(g), SPCC Plans and technical amendments to Plans must be certified by a licensed PE

.

Owners and operators of “ qualified ” facilities have the option to self

- certify that their SPCC Plan complies with 40 CFR part 112, in lieu of having a PE review and certify their Plan. Pursuant to §112.3(g), the self

- certification option is available to the owners and operators of non

- farm

facilities that store 10,000 gallons of oil or l ess and that have had no single discharge as described in §112.1(b) exceeding 1,000 U.S. gallons or no two discharges as described in §112.1(b) each exceeding 42 U.S. gallons within any 12

- month period in the three years prior to

the SPCC Plan self

- certifi cation date, or since becoming subject to 40 CFR part 112 if the facility has been in operation for less than three years. Owners and operators of Tier II qualified facilities choosing this option may deviate from certain requirements of the SPCC rule as

s pecified under §112.7(a)(2) and make impracticability determinations as described under §112.7(d) only if these portions of the Plan are certified by a licensed PE (see §112.6( b ) ( 4 ) ). 6 

### Additionally, pursuant to §1049(b)(2) of the Water Resources Reform and Development Act (WRRDA), farms with an aggregate aboveground storage capacity less than 20,000 gallons may self

- certify their SPCC plans as long as they have no reportable oil discharge history.

Maintain the SPCC Plan and keep records

Section 112.3 requires the owner or operator to maintain a copy of the SPCC Plan at the facility, if the facility is normally attended for at least four hours per day or, if not, at the nearest

field office

. The Plan must be available to the Regional Administrator for r eview during normal working hours (§112.3(e)). In addition, as described in section 4(b)(i) of this document, a facility owner or operator is required to maintain (and update) Plan

- specific records as outlined under §112.7(e)

. Plan maintenance and recordke eping activities are estimated to involve almost entirely technical personnel time, although a small amount of clerical personnel time may also be required for these activities.

Submit information in the event of certain discharges of oil

In the event of certain discharges of oil into navigable waters, a facility owner or operator must submit information described in §112.4(a) to the Regional Administrator within 60 days

. A discharge of oil occurring within any 12

- month period that triggers the §112.4 reporting requirements is:

(1) A single discharge as described in §112.1(b) of more than 1,000 U.S. gallons; or (2) Two or more discharges as described in §112.1(b), each of which is over 42 U.S. gallons.

Submission of information after a discharge of oil is estimated to require both technical personnel and management expertise/ time for collecting the required information. Section 112.4(c) also requires that the facility owner or operator submit a copy of this information to the

6 For the purposes of this ICR, EPA assumes that no facilities will require section

- specific certification by a PE.

11

### state agency with re gulatory authority over the facility

. The Regional Administrator may require the owner or operator of the facility to amend the SPCC Plan to prevent and contain discharges from the facility

. Such amendments, if uncontested by the facility owner or operator , must become part of the Plan 30 days after the Regional Administrator responds to the facility owner or operator concerning the final amendments. The amended Plan must then be certified prior to implementation by a licensed PE, or self

- certified in the c ase of qualified facilities

. As required by §112.4(e), amendments to the Plan must be implemented as soon as possible, but no later than six months after the amendments become part of the Plan. Section 112.4(f) allows a facility owner or operator to appeal a decision made by the Regional Administrator requiring a Plan

amendment.

Revise the SPCC Plan following modification of the facility

Section 112.5(a) requires the facility owner or operator to amend his Plan in accordance with §112.7 whenever there is a change in the facility’s design, construction, operation, and maintenance that materially affects the facility’s potential to discharge oil into navigable waters

. Such facility changes may include the addition of a new or rebuilt container; a change in the service of a container; any physical changes or improvements to the facility; or, the construction of a new well and associated piping. The activities to amend the SPCC Plan as a result of these facility changes are estimated to involve facility techni cal personnel time, as well as some clerical time. The amended Plan must then be certified prior to implementation by a licensed PE, or self

- certified in the case of qualified facilities. Such amendments to the SPCC Plan must be implemented as soon as poss ible, but not later than six months after the change occurs.

Review the SPCC Plan

An owner or operator of an SPCC

- regulated facility is required to review and evaluate his Plan at least once every five years. This review is expected to involve mostly te chnical personnel time to review spill prevention and control procedures being implemented under the current Plan, as well as a regulatory review involving management personnel time. Clerical personnel time is also involved to complete necessary paperwork

. An owner or operator is required to amend his SPCC Plan within six months of the review to include more effective prevention and control technology if: (1) such technology will significantly reduce the likelihood of a discharge as described in §112.1(b) f rom the facility; and (2) such technology has been

field

- proven at the time of the review

. Any technical amendments to the Plan must be certified prior to implementation by a licensed PE or, for qualified facilities, self

- certified in accordance with §112. 6(b)

. SPCC Plan r eview cost estimates are generated in this ICR for an existing facility only, since a new facility that becomes operational after the beginning of the ICR

approval period will not be required to conduct its review until after the three

- yea r period covered by this ICR.

12

### 5. INFORMATION COLLECTED

- AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT

5(a) EPA Activities

In the event that an SPCC

- regulated facility discharges more than 1,000 gallons of oil into or upon the navigable waters of the United States in a single discharge as described in §112.1(b), or discharges more than 42 U.S. gallons of oil in each of two discharges as described in §112.1(b) within any 12

- month period, EPA ’s review of the i nformation submitted by the facility under 40 CFR 112.4(a), may includ e the necessity to:

• Review facility characteristics;

• Review the cause of the discharge;

• Require any necessary amendments to the Plan to prevent and contain discharges from the facility; and

• Adjudicate any appeal of a final decision requiring an amendment.

In addition, EPA also conducts routine inspection, enforcement, and outreach activities as part of administering this program

. Inspections may occur either after a discharge as part o f the review of the submitted spill notification report or on a periodic basis. These inspections are not covered by this ICR.

5(b) Collection Methodology and Management

Plans may be tailored to the unique characteristics of the fa cility

. Due to the wide range of types and sizes of facilities subject to the regulation, EPA does not prescribe any specific information management technique or technology in preparing and maintaining SPCC Plans or

records

. The regulation allows flexibili ty and a performance

- based approach in Plan preparation and recordkeeping in a way that allows the use of additional, appropriately cross

- referenced

formats ( §112.7 )

. Greater flexibility is also provided for facility recordkeeping practices, as records kept under normal business practices, such as those required pursuant to the NPDES program and American Petroleum Institute ( API ) Standards, may satisfy certain SPCC

reco rdkeeping requirements.

EPA provides flexibility and a performance based approach in the development and use

of user

- friendly means of writing and maintaining SPCC Plans, such as electronic programs, provided the Plans continue to provide the required information and meet the administrative requirements listed in the SPCC rule. Whatever medium is used, the Plan should also be readily accessible to response personnel in an emergency.

EPA maintains the information submitted to regional offices by facili ties following certain oil discharges to support ongoing program activities such as targeting inspections as well as to support response operations during spills , which are not covered by this ICR

. However, EPA
does not collect SPCC Plans or related record s from facilities on a routine basis.

13

### 5(c) Small Entity Flexibility

EPA has made changes to the SPCC rule over time to provide additional flexibility to

small entities.

In 2002, EPA promulgated revisions to the SPCC rule that provided flexibility for small entities in several ways. First, EPA no longer regulates, under 40 CFR part 112, a facility having a single container with an aboveground storage capacity greater than 660 gallons, and aggregate aboveground capacity of 1,320 gallons or less of oil. Second, EPA no longer regulates, under 40 CFR part 112, a completely buried container that is subject to all of the technical requirements of 40 CFR part 280 or a state progra m approved under 40 CFR part 281

. Third, the 2002 rule includes a de minimis container size of less than 55 gallons. As a result, containers less than 55 gallons are no longer included in a facility’s aboveground total storage

or use

- capacity calculation a nd no longer need to be discussed in the SPCC Plan. Fourth, EPA no longer regulates, under 40 CFR part 112, wastewater treatment facilities or parts thereof (except at oil production, oil recovery, and oil recycling facilities) used exclusively for wastewa ter treatment and not used to meet any other requirement of the rule. Fifth, the rule was modified to allow the use of additional, appropriately cross

- referenced formats that would encourage all regulated facilities, including smaller facilities, to take a dvantage of similar planning efforts conducted pursuant to state or other federal standards. The revisions, targeted towards reducing the recordkeeping burden to facilities, also decreased the burden to smaller facilities.

The 2006 rule amendments furth er reduced the burden of the SPCC regulation, with expected flexibility for small entities. Specifically, the rule amendments reduced the regulatory burden on qualified facilities and facilities with qualified oil

- filled operational equipment

. Qualified

fa cilities with 10,000 gallons or less of aggregate aboveground oil storage capacity no longer need a licensed PE to certify their Plans. The amendments also allow greater use of contingency plans without requiring an impracticability determination for facil ities with qualified

oil

- filled operational equipment , a cost reduction measure . Facilities that store oil solely in motive power containers are no longer regulated, while other facilities with oil storage in addition to motive power containers may incur l ower compliance costs. The rule also allows mobile refuelers to fall under the rule’s general containment requirement, which does not require specifically sized secondary containment.

The 2008/2009 final amendments to the SPCC rule reduce d the burden on small businesses to the extent that these businesses are eligible for amended regulatory requirements offered to hot

- mix asphalt facilities, oil production facilities, facilities that produce or process animal fats and vegetable oil, Tier I qualified facilities, and others.

The 2011 final amendment exempted milk and milk product containers, associated piping and appurtenances from the SPCC rule. Facilities that only have milk and/or milk product

containers are no longer regulated, while ot her facilities with oil storage in addition to milk and/or milk product containers may incur lower compliance costs.

The enactment of the WRRDA in 2014 provided additional relief to small entities in the agricultural sector. Under the WRRDA, farms with 2,500 gallons or less in aggregate oil storage capacity are exempt from the requirement to prepare an SPCC Plan. Certain farms that have

14

### 6,000 gallons or less in aggregate oil storage capacity and have had no reportable discharges are also exempt from the requirement to prepare an SPCC Plan. Finally, farms with an aggregate oil storage capacity less than 20,000 gallons and no reportable discharge history are eligible to self

- certify their SPCC Plan.

5(d) Collection Schedule

The SPCC rule does not require a specific information collection schedule

. However, a facility owner or operator must prepare, amend, and implement an SPCC Plan according to the compliance deadlines in §112.3(a), and (b). Facilities must prepare and implem ent an SPCC plan before beginning operations, except that new oil production facilities must prepare and implement an SPCC plan within six months after beginning operations. The owner or operator must review the SPCC Plan once every five years

. A periodic review is necessary to ensure that SPCC Plans reflect currently available and proven technology and techniques for preventing and controlling oil discharges

.

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION

6(a) Estimating Respondent Burde n

Facility Characteristics

For the purpose of this analysis, EPA divided regulated facilities into four size categories based on their aggregate oil storage capacity (see Exhibit 2 ). These size categories help to (1) account for differences in the potential compliance time burden and costs experienced by facilities of different sizes and (2) determine the number of facilities affected by each of the changes based on facility’s stora ge capacity

.

Exhibit 2

SPCC

- Regulated Facility Size Categories

Size Category Aggregate Capacity *

I Non

- farm facilities: 1,321 to 10,000 gallons Farm facilities: 2,50 1 to 19,999 gallons

II Non

- farm facilities: 10,001 to 42,000 gallons Farm facilities: 20,00 0 to 42,000 gallons

III All facilities: 42,001 to 1 million gallons

IV All facilities: greater than 1 million gallons

* EPA included f arms with aggregate capacity up to 20,000 gallons in Category I for the purpose of estimating the SPCC rule burden since these

facilities are assumed to self

- certify their SPCC Plan.



### For the purposes of this ICR, facilities are also grouped into two categories: production facilities (facilities whose operations primarily involve oil production) and storage facilities (all other industry groups). This categorization of facilities reflects differences in the estimated burden of compliance activities depending on the nature o f the facility’s operations.

15

### Additionally, facilities are divided into existing and new facilities, to reflect the differences in compliance activities between these two groups. Existing facilities include facilities that initiated operations prior to th is ICR

. All facilities in operation at the start of this ICR period are assumed to have prepared their SPCC Plans. Consequently, existing facilities are assumed to have incurred all costs associated with initially preparing and implementing their SPCC Plan s, but some are expected to incur costs to perform a technical five

- year review, revise their SPCC Plan, submit information in the event of certain oil discharges, and maintain the Plan and keep

records

. New facilities include those facilities that will in itiate operations during the ICR period. For the purpose of this analysis, new facilities become existing facilities after the first year of operation.

Estimating Burden of SPCC Plan

For its Regulatory Impact A nalysis (RIA) , EPA previously developed a unit cost inventory with cost estimates for each of the SPCC rule requirements. EPA also assessed paperwork

related changes resulting from the 2006 , 2008, 200 9 and 2011 final amendments

. EPA relied on

the most recent unit cost estimates to estimate the burden and costs of compliance measures at

facilities for this ICR

. EPA updated the costs using either the construction cost index, employment cost index or GDP deflator, depending on the cost components.

Estimating Facility Labor Costs

To determine the per

- facility costs to develop the SPCC Plan and comply with other paperwork

- related requirements for typical new and existing respondents in each facility size category, unit labor estimates for management, technical, and clerical personne l were multiplied by the hourly wage rate for each labor category and were then added to paperwork

- related capital and operating and maintenance (O&M) costs.

The labor wage rates for private industry were derived from the December 2015 U.S. Department of Labor’s Employer Costs for Employee Compensation

. 7 

### The December 2015 wage rates include wages and salaries; benefit costs, including paid leave, supplemental pay, insurance, retirement and savings, and legally required benefits. These wage rates reflect

p rivate industry averages estimated by the Bureau of Labor Statistics (BLS) and reflect industry averages, which may underestimate or overestimate the actual wages received by some SPCC regulated facility personnel. Following are the estimated loaded wage r ates used in the analysis:

• Management: $69/hour;

• Technical: $ 67 /hour; and

• Clerical: $ 29 /hour.

7 United States Department of Labor, Bureau of Labor Statistics, Employer Costs for Employee Compensation,

December 2015

. Available at http://w ww.bls.gov/ncs/ect/sp/ecsuptc37.pdf

.

16

### EPA further adjusted these rates to reflect overhead costs of 17 percent

. 8



### EPA assumed the above labor rates would apply to all scenarios when facilities use in

house personnel to satisfy requirements involving labor burden such as preparing the SPCC

P l an

. When required or needed, a facility owner/operator would contract a PE to develop and/or certify his Plans, however, not all facility owners and operator s are expected to contract a PE for activities that can be conducted by in

- house personnel. On the one hand, a small facility is more likely to hire outside engineers because it may not have the in

- house expertise to comply with the SPCC requirements. On t he other hand, a small facility may not have the resources to hire outside engineers and may be in a better position to use in

- house labor because the owner may be closely involved with all the operations. A similar two

- sided argument can also be made for larger facilities. Therefore, EPA assumed that 50 percent of the facilities of all size categories

use in

- house labor and the remaining 50 percent use outside professional labor

.

Overhead rates for SPCC paperwork

- related activities can be calculated usin g various

formulas

. To see how overall costs might change under different overhead loading rate assumptions, EPA calculated alternative overhead rates based on recommendations in Estimating Costs for the Economic Benefits of RCRA Noncompliance (September 1997). This document suggests that labor overhead and profit can be estimated at 50 to 100 percent of the base salary and fringe benefit costs. EPA estimated that raising the overhead rate to 50 percent would increase the wages listed above by 28 percent

. If a 100

- percent overhead rate were used, these wages would increase by 71 percent. The appropriate overhead loading rate is highly dependent on not only the industry in question, but also individual businesses. The alternative rates are explor ed in the discussion of total respondent costs in Section 6(e) of this

document.

Estimating Capital and O&M Costs

EPA expects that facilities will incur paperwork

- related capital and O& M costs in complying with the SPCC requirements to maintain the Plan and keep records (40 CFR 112.3 and 112.7(e)) and to submit required information in the event of certain discharges of oil (40 CFR 112.4). EPA anticipates that most facilities will maintai n files electronically and paper file
storage will be minimal, posing no significant incremental cost relative to existing business practices

. In the event of certain discharges, the owner or operator is required to submit information to the Regional Admin istrator and the state agency in charge of oil pollution control

activities for the area in which it is located. We assume that such information will be submitted electronically, at a de minimis cost.

EPA assumed that the cost to a facility owner or oper ator to retain an outside PE to certify the SPCC Plan varies by the size , complexity and location of the facility

. EPA used this assumption because a larger facility likely has a more complex SPCC Plan, and more complex Plan amendments, than a smaller faci lity

. Unless facilities meet the “qualified facility” criteria

, t he

8 Overhead costs were computed separately from BLS data and were assumed to be an additional 17 percent of the total wage rate, which is composed of direct wages and salaries and employee benefits, as reported by BLS.

17

### burden associated with certifying SPCC Plans and their amendments requires a PE . The estimated wages for PE labor used in this analysis are as follows : 9



### , 10



### • Management: $ 1 6 8 /hour;

• Technical: $1 35 /hour;

• Drafter: $ 84 /hour; and

• Clerical: $ 63 /hour.

Some facilities are expected to incur O&M costs associated with retaining a PE to certify their SPCC Plans, along with any subsequent technical amendments that are made to the Plan

. In certifying the Plan, the engineer attests to have examined the facility and that the Plan has been prepared in accordance with good engineering practices that satisfy the SPCC requirements in 40 CFR part 112.

Exhibi t 3 summarizes the average expected costs for facilities of different sizes for PE certification of a new Plan as well as any subsequent amendments. Average cost for PE

certification of plan amendments are higher than the average cost for PE

- certificati on of a new plan because of differences in the types of facilities and /or technical amendments that require

involvement of a PE and the relative input from facility personnel and the PE in preparing the plan or developing justifications for the technical a mendments

. Further

, not all facilities retain a PE to certify their SPCC Plans. EPA assumes that Tier I facilities in Category I use a simplified SPCC Plan template and self

- certify their Plan.

9 Source: SCS Engineers, a professional engineering firm adjusted with BLS wage rates for June 2012 published September 2012.

10 Values updated to 2015$ using United States Department of Labor, Bureau of Labor Statistics, Employer Costs for Employee Compensation, December 2015. Available at http://www.bls.gov/ncs/ect/sp/ecsuptc37.pdf

.

18

### Exhibit 3

Cost of PE Certification for the SPCC Plan ( 2015 $) 1

Size Category Facility Type New Plan Amendments

I Storage $1,906 $ 2,488

Production $841 $1, 132

II Storage $3,588 $ 4,752

Production $1, 681 $2, 263

III Storage $ 5,269 $ 7,015

Production $ 3,363 $4, 527

IV Storage $ 7,791 $ 10,502

Production $ 5,044 $6, 790

Source: SCS Engineers adjusted with December 2015 BLS data

. 1 One

- time costs of compliance

.



### 6(b) Burden and Costs per Facility

This section discusses the potential paperwork

- related burden and costs to facilities that

are regulated by the SPCC rule. Plan preparation and PE certification costs affect new facilities

that become subject to the SPCC rule unless they meet the “qualifie d facility” criteria

. New facilities include those facilities that will initiate operations during the ICR period. Owners or operators of new facilities are assumed to incur the total cost of preparing a Plan and PE

certification in their first year

. In ad dition to preparing or reviewing SPCC Plans, owners or operators of all new and existing facilities will incur costs to prepare records.

EPA assumes that the formal five

- year review of SPCC Plans will affect one

- fifth of all existing facilities annually

– i.e., owners or operators of one

- fifth of all existing facilities will undergo their formal five

- year review of their Plans in each year of the ICR period

.

Owners or operators of some new and existing facilities will submit information as a result of discharging oil and others will need to revise their Plan during the ICR period. For the 2002 rule ICR, based on spill data obtained from the Emergency Response Notification System database, EPA estimated that approximately 0.15 percent of all facilities would incur costs each year due to reporting requirements related to an oil discharge (see §112.4(a))

. 11 

### In addition, based on conversations with EPA regional per sonnel involved with the SPCC program, EPA estimated that approximately 10 percent of all facilities would revise their Plan each year to address §112.5(a) or (c) or §112.4(d). EPA retained these assumptions for estimating the

burden for this ICR.

Exhibit 4 through Exhibit 8 provide average burden and cost estimates for each existing

and new facilit y

. For existing facilities, the following activities are included: five

- year review

- §112.5(b); information submission in the event of certain oil discharges

- §112.4(c); Plan

11 Information Collection Request for the final rule to amend the oil pollution prevention regulation (40 CFR part 112), May 2002.

19

### modification

- §112.5(a) and PE certifications of any technical amendment

- §112.5(c); and recordkeeping

. For newly regulated facilities, paperwork

- related activit ies include SPCC Plan preparation

- §112.3(a); oil spill contingency plan preparation

- §112.7(d); information submission in the event of certain oil discharges

- §112.4(c); Plan modification

- §112.5(a) and PE certifications of any technical amendment

- § 112.5(c); and recordkeeping §112.7(e).

The option to self

- certify a facility

- specific SPCC Plan according to the requirements in §112.6 is available to qualified non

- farm facilit ies having 10,000 gallons or less in storage capacity , and to qualified farm facilit ies having less than 20,000 gallons in storage capacity

. EPA assumed that all new qualified facilities with storage capacity of 10, 00 0 gallons or less

would self

- certify the ir Plan instead of having it certified by a PE. EPA also assumed that under

the se requirements, owners and operators of all existing qualified facilities would not use a PE to certify a technical amendment to their Plan.

A qualified facility would be a facility subject to the SPCC rule that, as described in 112.3(g), meets the storage capacity threshold and discharge history criteria. A dditional flexibility is available for . Tier I qualified facilities

. This option allows an owner/operator to complete the Tier I SPCC Plan template to serve as the SPCC Plan

.

EPA assumed that owners and operators of existing facilities that already have an SPCC

Plan will continue to maintain that Plan , except for Tier I qualified facilities, which will adopt a new plan based on the template if it is more cost

- effective to do so. EPA assumed that owners and operators of all new qualified facilities with no single containers greater than 5,000 gallons would take advantage of the reduced requirements and complete a Tier I template to serve as the facility SPCC Plan

. EPA assume d that all of the facilities with aggregate aboveground storage capacity 5,000 gallons or less, and half of the facilities with between 5,001 and 10,000 gallons (up to 20,000 gallons in the case of farms), have no tank larger than 5,000 gallons (10,000 gal lons for farms) and would therefore be eligible to use the Tier I template.

The costs presented in Exhibit 4 through Exhibit 8 represent the average costs for

facilit ies of different sizes, accounting for the probability that certain facilities will incur those costs (e.g., five

- year reviews affect one

- fifth of existing facilities) and for the estimated overlap between federal and state requirements. Low probability costs (e.g., submitting information to

EPA in accordance with §112.4(c)) distributed across many facilities yield only nominal per

facility average costs, particularly when state overlap is taken into consideration.

The state

- overlap assumptions are based on r esearch originally conducted for the 2002

SPCC rule 12 

### and are described in the regulatory impact analysis for the SPCC final rule

. Each state has its own regulations regarding the storage, handling, and containment of oil. In some cases, the effort required by these state regulations may be the same as what is required by

SPCC

. Overall, in 2002 EPA found that about 5.9 percent of facilities are in states with complete overlap; about 5.6 percent of facilities in states with substantial overlap; and about 5.7 percent of facilities in states with partial overlap. EPA reviewed the assumptions in 2009 as part of the regulatory analysis for the 200 9 final SPCC amendments and found no compelling reason to

12 U.S. Environmental Protection Agency, “ Economic Analysis f or t he Final Revisions t o t he Oil Pollution Prevention Regulation ( 40 CFR part 112), ” May 2002.

20

### adjust the overlap estimates. For this ICR estimate, EPA used these same overlap assumptions. To develop the burden estimates, EPA multiplied the burden hours by both the percentage of facilities in each overlap category and the degree of overlap (i.e., 100 percent for complete overlap, 75 percent for substantial ov erlap, and 50 percent for partial overlap). When estimating paperwork

- related burden resulting from the SPCC requirements, EPA takes into account the estimated degree of overlap to avoid double counting.

Total Annual Burden per Average Respondent

Once the unit per

- facility burden hours were determined for each compliance activity undertaken by the average facility in each size category, EPA calculated the total annual burden by summing the unit estimates for all compliance activities. The annual burden for an average

facilit y differs for each size category based on the assumed differences in the oil storage capacity and complexity of the facility and its operations. The estimated annual burden hours for an average respondent in each size category for existing and new faciliti es are presented in

Exhibit 4 through Exhibit 8

.

Total Annual Cost per Average Respondent

In estimating the per

- respondent costs for existing and new facilities in each size category, EPA calculated the unit cost for each compliance activity performed by the average facility. These average per

- facility costs are shown in the right

- hand column o f Exhibit 4 through

Exhibit 8 . To estimate the cost for each compliance activity performed by the average respondent facility in each size category under the rule, EPA multiplied t he unit time estimates for management, technical, and clerical personnel by the hourly wage rate for each labor category and then added the result to the paperwork

- related capital and O&M (PE) costs

.

Existing facilities include those facilities that have been in operation for longer than a

year. Costs for existing facilities include activities that incur continuously such as recordkeeping or once every several years such as SPCC Plan review. 13 

### For the average existing SPCC

regulated facility, following are the estimated total annual costs for all information collection activities required by the final rule :

• Category I ( Tier I ): $ 30 2 per facility;

• Category I: $ 1, 119 per facility;

• Category II: $1, 513 per facility;

• Category III: $2, 610 per facility; and

• Category IV: $4, 848 per facility.

New facilities include those facilities that will initiate operations during the ICR period. For the purpose of this analysis, new facilities become existing facilities after the first year of operation

. Therefore, each year a new set of facilities would incur the costs listed below

. A typical SPCC

- regulated facility would incur the costs for new facilities in Year 1 and incur the costs for existing facilities presented above in each subsequent year

. For the average new

13 The cost estimates in the tables present average annual costs for each facility , e.g., the annual cost estimate for Plan review represents the total cost for Plan review divided by five

.

21

### SPCC

- regulated facility, the following are the estimated total annual costs for all information collection activities required by the final rule :

• Category I ( Tier I ): $ 965 per facility;

• Category I: $ 4, 659 per facility;

• Category II: $ 8, 590 per facility;

• Category III: $ 15, 690 per facility; and

• Category IV: $ 26,967 per facility.

Estimated annual costs for new facilities are higher than those for existing facilities because of the greater expenses associated with preparing a new SPCC Plan

, w hich could

include PE certification or developing an oil spill contingency plan when necessary

.

22

### Exhibit 4 Annual Burden and Unit Costs for All Required Information Collection Activities
Average Category I Facility ( Tier I )

Activity Annual Burden Hours 1 Total Burden

Hours PE Costs (2015$) Annual Cost (2015$) 2 Management Technical Drafter Clerical

Existing Facilities

Review the SPCC Plan and

Revise as Needed 4 0.2 0.6 0.0 0.0 0.8 $0 $ 8 9

Submit Information in the Event of Certain Discharges of Oil 3 0.0 0.0 0.0 0.0 0.0 $0 $0

Maintain the SPCC Plan and Keep Records 0.0 2.7 0.0 0.0 2.7 $0 $213

TOTAL 0.0 3.3 0.0 0.0 3. 5 $0 $30 2

New Facilities 3 Prepare an SPCC Plan 1.0 3.0 0.0 0.0 4 .0 $0 $ 44 5 Prepare a Contingency Plan 0.7 3.5 0.0 1.0 5.1 $0 $226

Submit Information in the Event of Certain Discharges of Oil 5 0.0 0.0 0.0 0.0 0.0 $0 $0

Revise the SPCC Plan 0.0 0.0 0.0 0.0 0.0 $0 $6

Maintain the SPCC Plan and Keep Records 0.0 3.6 0.0 0.0 3.6 $0 $287

TOTAL 0.7 10.1 0.0 1.0 12 .7 $0 $ 965

1 Unit burden estimates are weighted averages, rounded to the nearest tenth of an hour, based on the distribution of storage and production facilities and the number of facilities estimated to perform each activity during the one

- year period

. The numbers in this exhibit may not add precisely due to rounding.

2 Annual costs are rounded to the nearest dollar.

3 New f acilities include those facilities that will initiate operations during the ICR period. For the purpose of this analysis, new facilities become existing facilities after the first year of operation. As a result, in each year of this ICR, a different set of new facilities will become operational

. 4 The burden of reviewing and revising the SPCC Plan for a Tier I facility is assumed to be no more than that of preparing a ne w SPCC Plan using the Template, and is assumed to occur once every 5 years.

5 The unit b urden for a facility that needs to submit information because of a discharge is estimated to be one hour of management labor and one hour of techn ical labor, resulting in a total unit cost of $ 139

. Because only 0.15 percent of all facilities are expected t o meet the discharge criteria and submit information, the average unit

burden is less than 0. 05 hours, and is therefore indicated here as 0

. However, the actual unit burden and cost estimates are used in later calculations.

23

### Exhibit 5
Annual Burden and Unit Costs for All Required Information Collection Activities
Average Category I Facility

Activity Annual Burden Hours 1 Total Burden

Hours PE Costs (2015$) Annual Cost (2015$) 2 Management Technical Drafter Clerical

Existing Facilities

Review the SPCC Plan 0.4 2.8 0.0 0.4 3.5 $0 $362

Submit Information in the Event of Certain Discharges of Oil 3 0.0 0.0 0.0 0.0 0.0 $0 $0

Revise the SPCC Plan 0.3 1.8 0.0 0.2 2.4 $0 $544

Maintain the SPCC Plan and Keep Records 0.0 2.7 0.0 0.0 2.7 $0 $213

TOTAL 0.7 7.3 0.0 0.6 8.6 $0 $1,119

New Facilities 3 Prepare an SPCC Plan 1.8 26.9 10.0 3.6 42.2 $0 $4,13 9 Prepare a Contingency Plan 0.7 3.5 0.0 1.0 5.1 $0 $226

Submit Information in the Event

of Certain Discharges of Oil 4 0.0 0.0 0.0 0.0 0.0 $0 $0

Revise the SPCC Plan 0.0 0.0 0.0 0.0 0.0 $0 $6

Maintain the SPCC Plan and Keep Records 0.0 3.6 0.0 0.0 3.6 $0 $287

TOTAL 2.5 34.0 10.0 4.6 51.0 $0 $4,659

1 Unit burden estimates are weighted averages, rounded to the nearest tenth of an hour, based on the distribution of storage and production facilities and the number of facilities estimated to perform each activity during the one

- year period

. The numbers in this exhibit may not add precisely due to rounding.

2 Annual costs are rounded to the nearest dollar.

3 New facilities include those facilities that will initiate operations during the ICR period. For the purpose of this analysis, new facilitie s become existing facilities after the first year of operation. As a result, in each year of this ICR, a different set of new faci lities will become operational

. 4 The unit burden for a facility that needs to submit information because of a discharge is estimated to be one hour of managem ent labor and one hour of technical labor, resulting in a total unit cost of $ 139

. Because only 0 .15 percent of all facilities are expected to meet the discharge criteria and submit information, the average unit

burden is less than 0. 05 hours, and is therefore indicated here as 0

. However, the actual unit burden and cost estimates are used in later ca lculations.

24

### Exhibit 6 Annual Burden and Unit Costs for All Required Information Collection Activities
Average Category II Facility

Activity Annual Burden Hours 1 Total Burden

Hours PE Costs (2015$) Annual Cost (2015$) 2 Management Technical Drafter Clerical

Existing Facilities

Review the SPCC Plan 0.3 4.0 0.0 0.3 4.5 $0 $473

Submit Information in the Event of Certain Discharges of Oil 3 0.0 0.0 0.0 0.0 0.0 $0

$0

Revise the SPCC Plan 0.4 2.6 0.0 0.3 3.4 $402 $750

Maintain the SPCC Plan and Keep Records 0.0 3.7 0.0 0.0 3.7 $0 $289

TOTAL 0.7 10.3 0.0 0.6 11.6 $402 $1,513

New Facilities 3
Prepare an SPCC Plan 2.8 38.7 15.1 5.1 61.6 $2,195 $8,249
Prepare a Contingency Plan 0.7 3.5 0.0 1.0 5.1 $0 $226

Submit Information in the Event of Certain Discharges of Oil 4 0.0 0.0 0.0 0.0 0.0 $0 $0

Revise the SPCC Plan 0.0 0.0 0.0 0.0 0.0 $4 $8

Maintain the SPCC Plan and Keep Records 0.0 1.3 0.0 0.0 1.3 $0 $106

TOTAL 3.4 43.5 15.1 6.0 68.1 $2,199 $8,590

1 Unit burden estimates are weighted averages, rounded to the nearest tenth of an hour, based on the distribution of storage an d production facilities and the number of facilities estimated to perform each activity during the one

- year period

. The numbers in this exhibit may not add precisely due to rounding.

2 Annual costs are rounded to the nearest dollar.

3 New facilities include those facilities that will initiate operations during the ICR period. For the purpose of this analysis, new facilitie s become existing facilities after the first year of operation. As a result, in each year of this ICR, a different set of new faci lities will become operational

. 4 The unit burden for a facility that needs to submit information because of a discharge is estimated to be one hour of managem ent labor and one hour of technical labor, resulting in a total unit cost of $ 139

. Because only 0.15 percent of all facilities are expected to meet the discharge criteria and submit information, the average unit

burden is less than 0. 05 hours, and is therefore indicated here as 0

. However, the actual unit burden and cost estimates are used in l ater calculations.

25

### Exhibit 7 Annual Burden and Unit Costs for All Required Information Collection Activities
Average Category III Facility

Activity Annual Burden Hours 1 Total Burden

Hours PE Costs (2015$) Annual Cost (201 5 $) 2 Management Technical Drafter Clerical

Existing Facilities

Review the SPCC Plan 0.5 7.4 0.0 0.5 8.4 $0 $875

Submit Information in the Event of Certain Discharges of Oil 3 0.0 0.0 0.0 0.0 0.0 $0 $0

Revise the SPCC Plan 0.8 4.8 0.0 0.6 6.2 $738 $1,382

Maintain the SPCC Plan and Keep Records 0.0 4.5 0.0 0.0 4.5 $0 $352

TOTAL 1.3 16.7 0.0 1.1 19.1 $738 $2,610

New Facilities 3 Prepare an SPCC Plan 5.5 72. 5 30.0 5.9 114. 0 $4,095 $15,312
Prepare a Contingency Plan 0.7 3.5 0.0 1.0 5.1 $0 $226

Submit Information in the Event of Certain Discharges of Oil 4 0.0 0.0 0.0 0.0 0.0 $0 $0

Revise the SPCC Plan 0.0 0.1 0.0 0.0 0.1 $0 $0

Maintain the SPCC Plan and Keep Records 0.0 1.9 0.0 0.0 1.9 $0 $152

TOTAL 6.2 78.0 30.0 6.9 121.1 $4,095 $15,690

1 Unit burden estimates are weighted averages, rounded to the nearest tenth of an hour, based on the distribution of storage an d production facilities and the number of facilities estimated to perform each activity during the one

- year period

. The numbers in this exhibit may not add precisely due to rounding.

2 Annual costs are rounded to the nearest dollar.

3 New facilities include those facilities that will initiate operations during the ICR period. For the purpose of this analysis , new facilities become existing facilities after the first year of operation. As a result, in each year of this ICR, a different s et of new facilities will become operational

. 4 The unit burden for a facility that needs to submit information because of a discharge is estimated to be one hour of managem ent labor and one hour of technical labor, resulting in a total unit cost of $ 139

. Because only 0.15 percent of all facilities are expected to meet the discharge criteria and submit information, the average

unit burden is less than 0. 05 hours, and is therefore indicated here as 0

. However, the actual unit burden and cost estimates are used in later calculations.

26

### Exhibit 8

Annual Burden and Unit Costs for All Required Information Collection Activities
Average Category IV Facility

Activity Annual Burden Hours 1 Total Burden

Hours PE Costs (2015$) Annual Cost (201 5 $) 2 Management Technical Drafter Clerical
Existing Facilities

Review the SPCC Plan 0.9 13. 0 0.0 0.9 14.8 $0 $1,542

Submit Information in the Event of Certain Discharges of

Oil 3 0.0 0.0 0.0 0.0 0.0 $0 $0

Revise the SPCC Plan 1.4 8.4 0.0 1.1 11.0 $1,306 $2,437

Maintain the SPCC Plan and Keep Records 0.4 11.8 0.0 0.7 1 3.0 $0 $869

TOTAL 2.7 33.3 0.0 2.7 38. 7 $1,306 $4,848

New Facilities Prepare an SPCC Plan 10. 8 125.9 40.9 13.5 191. 2 $7,306 $26,161
Prepare a Contingency Plan 0.7 3.5 0.0 1.0 5.1 $0 $226

Submit Information in the Event of Certain Discharges of

Oil 4 0.0 0.0 0.0 0.0 0.0 $0 $0

Revise the SPCC Plan 0.0 0.1 0.0 0.0 0.1 $15 $28

Maintain the SPCC Plan and Keep Records 0.0 7.0 0.0 0.0 7.0 $0 $552

TOTAL 11.5 136. 5 40.9 14.5 203. 4 $7,320 $26,967

1 Unit burden estimates are weighted averages, rounded to the nearest tenth of an hour, based on the distribution of storage an d production facilities and the number of facilities estimated to perform each activity during the one

- year period

. The numbers in this exhibit may not add precisely due to rounding.

2 Annual costs are rounded to the nearest dollar.

3 New facilities include those facilities that will initiate operations during the ICR period. For the purpose of this analysis, ne w facilities become existing facilities after the first year of operation. As a result, in each year of this ICR, a different set o f new facilities will become operational

. 4 The unit burden for a facility that needs to submit information because of a discharge is estimated to be one hour of managem ent labor and one hour of technical labor, resulting in a total unit cost of $ 139

. Because only 0.15 percent of all facilities are expected to meet the discharge criteria and submit information, the average u nit burden

is less than 0. 05 hours, and is therefore indicated here as 0

. However, the actual unit burden and cost estimates are us ed in later calculations.

27

### 6(c) Estimating EPA Burden and Costs

EPA incurs costs associated with the evaluation of information submitted in accordance with §112.4 as well as consideration of appeals. This section summarizes the estimated burden and cost of these activities to EPA. Burden estimates are based on input fr om EPA regional staff involved directly with the implementation of 40 CFR part 112. Exhibit 9 shows the total

burden and labor cost to EPA

. As described in Section 6(b), EPA assumed that 0.15 percent of regulated facil ities would submit information to EPA for review. The costs to EPA are not

included in the calculation of total cost and burden hours for regulated entities, because EPA is

not considered a “person” as the term applies to regulated entities.

EPA labor costs are based on the January 2016 General Schedule (GS) pay schedule

. EPA estimates an average hourly labor cost of $ 40.69 for managerial staff (GS

- 13), and $ 28.55 for technical staff (GS

- 11). EPA then multiplied hourly rates by the standard government
overhead factor of 1.6 for adjusted rates of $65.10 and $45.68, respectively

. Unit costs were calculated as unit time estimates multiplied by the hourly labor rates for EPA personnel

.

Exhibit 9

Estimated Annual Burden and Cost to EPA

Activity Burden Hours
Total Cost ( 2015 $) Managerial Technical Clerical Total

($ 65.10 ) ($ 45

. 68 )

Plans Evaluation 814 8,138 0 8,952 $424,751

Review of

Comments 407 407 0 814 $45,081

Consideration of Appeals 651 0 0 651 $42,388

Total 1,872 8,545 0 10,417 $512,220



### Note: costs may not total due to rounding ; January 201 6 General Schedule.

6(d) Estimating the Respondent Universe

EPA estimates 542,100 respondents for the next three years of this collection.

This section describes the universe of facilities subject to SPCC regulations. Estimating the number of regulated entities is not straightforward. The SPCC rule does not include a notification requirement and, wi th certain exceptions, owners and operators do not submit their

SPCC Plans to EPA.

For the purpose of this ICR, EPA started from its prior estimates of the number of facilities projected to be subject to the SPCC requirements in 2016 ( 77 FR 74659 ) and adj usted the number of farm facilities that are expected to incur burden during the ICR period . EPA adjusted the universe of farms to reflect the WRRDA of 2014 which modified the applicability of the SPCC rule to farms in certain size categories. Specifically , EPA used data from the study conducted in response to WRRDA ( Oil Storage on U.S. Farms: Risks and Opportunities for

28

### Protecting Surface Waters ) 14 

### as the basis for its estimates of the number of farm facilities with aggregate oil storage capacities between 2,500 and 6,000 gallons, between 6,000 and 20,000 gallons, and greater than 20,000 gallons. EPA distributed farms with aggregate storage capacity greater than 20,000 gallons among the size categories in proportion to the prior estimates developed for the ICR period of 2014 through 2016.

Industry Growth Rates

To project the number of existing and new facilities regulated under the SPCC rule over

the 2017 through 2019 ICR period, EPA used industry

- specific growth rates for new and existing

facilities

. To estimate industry

- specific growth rates for existing facilities of all SPCC

- related industry categories except farms and oil production, EPA used 2 002 and 2012 U.S. Economic Census data on the number of establishments in each industry , identified by NAI CS code. 15 

### Where complete data didn’t exist for those years

, EPA used 2007 and 2012 Economic Census data, alternate data from the U.S. Census Bureau’s County Business Pattern data for 2007 and
2012, or the Department of Energy’s C ommercial Buildings Energy Consumption Survey for

2003 and 2012 . The use of an extended time period to estimate industry

- specific growth rates attempted to account for diverse economic conditions under which SPCC

- regulated industries operate. To estimate annual growth rates for agri cultural establishments, EPA used data reported by the U

. S

. D epartment of A griculture Census of Agriculture on the number of farms in

the United States from 2002 and 2012

.

EPA estimated the growth rates for new facilities using 2002

- 2012 Business Employm ent Dynamics (BDS) data from the BLS. 16 

### EPA matched nine BDS sectors with SPCC industry classifications ( Exhibit 10 )

, and averaged annual rate of entry data over 10 years. T he BDS classifies establishments that change hands as new establishments , but these establishments would not be expected to develop a new SPCC Plan. Instead, a new owner may simply amend the existing Plan . For the purpose of this analysis, EPA assumed that a quarter of the new establishments projected using the BDS rates would need to dev elop a new SPCC Plan and three quarters would simply amend the existing Plan for the facility.

14 The study is available at https://www.epa.gov/oil

- spills

- prevention

- and

- preparedness

- regulations/oil

- storage

- us

farms

- risks

- and

- opportunities

- 0

15 In the 2012 Economic Census the U.S. Census Bureau did not include establishment numbers for

NAICS codes 482 and 551. These were left ou t of the industry growth rate calculations.

16 Previous analyses relied on the D&B Market Spectrum database (2005).

29

### Exhibit 10 Mapping of SPCC Industry Categories to BDS Sectors

Industry Category NAICS Code(s) BDS Sector

Oil and Gas Extraction 211 Manufacturing

Farms 111, 112 Agricultural Services, Forestry, and Fishing

Electric Utility Plants 2211 Transportation and
Public Utilities Petroleum Refining and Related Industries 324 Manufacturing Chemical Manufacturing 325 Manufacturing

Food Manufacturing 311, 312 Manufacturing Manufacturing Facilities Using and Storing Animal Fats and Vegetable Oils 311, 325 Manufacturing Metal Manufacturing 331, 332 Manufacturing Other Manufacturing 31

- 33 Manufacturing

Real Estate Rental and Leasing 531

- 533 Finance, Insurance, and
Real Estate

Retail Trade 441

- 446, 448, 451

- 454 Retail Trade
Contract Construction 23 Construction

Wholesale Trade 42 Wholesale Trade
Other Commercial 492, 541, 561

- 562 Services

Transportation 481 , 483

- 488 Transportation and
Public Utilities

Arts Entertainment & Recreation 711

- 713 Retail Trade Other Services (Except Public Administration) 811

- 813 Services

Education 611 Services
Petroleum Bulk Stations and Terminals 4247 Wholesale Trade Hospitals & Other Health Care 621

- 624 Services
Accommodation and Food Services 721, 722 Retail Trade
Fuel Oil Dealers 45431 Wholesale Trade
Gasoline Stations 4471 Services

Information Finance and Insurance 51, 52 Finance, Insurance, and
Real Estate Mining 212, 213 Mining Warehousing and Storage 493 Services Pipelines 4861, 4869 Services
Government 92 Services Military Installations 928110 Manufacturing Religious Organizations 813110 Services



### In total, EPA estimated that nearly 540,000 facilities would be regulated by the SPCC

rule in 2016

. Oil production facilities ( 43 percent), electric utilities (12 percent), real estate rental

and l easing (6 percent), and farms (4 percent), account for the majority of SPCC

- regulated

facilities.

Exhibit 1 1 and Exhibit 1 2 present the estimated number of existing and new SPCC

re gulated facilities that are expected to incur paperwork

- related burden associated with the final

amendments to the SPCC rule. The count of facilities includes facilities owned or operated by private entities, facilities owned or operated by state or local governments, and facilities owned or operated by the federal government. Exhibit 1 1 pres ents the number of facilities by facility

30

### type

- storage and production facilities

– for the first year of the ICR, 2016

. Exhibit 1 2 presents the number of facilities for the entire analysis period, 2016/17

- - 2018/19

.
Exhibit 11

Number of Existing and New Facilities (First Year of ICR: 2017 )

Facility Type Category I (1,320

- 10,000 gallons) * Category II (10,001

- 42,000 gallons) Category III (42,001 to

1 million gallons) Category IV (>1 million

gallons) Total

Storage 186,800 75,800 34,900 2,913 300,400

Existing Production 28,300 152,500 40,100 393 221,400

Total 215,100 228,400 75,000 3, 30 7 521,800

Storage 4,855 2,335 1,029 77 8,297

New Production 1,158 6,239 1,640 16 9,053

Total 6,013 8,574 2,670 9 3 17,300

Total 221,100 236,900 77,700 3,399 539,100



### Note: values may not total due to rounding. * Category I includes farms with aggregate oil storage capacity up to 19,999 gallons.

Exhibit 12

Number of Existing and New Facilities ( ICR Period: 2017

- 2019 )

Facility Type/ Year Category I (1,320

- 10,000 gallons) * Category II (10,001

-

42,000 gallons) Category III (42,001

to

1 million gallons) Category IV (>1

million gallons) Total

Tier I All Others

Existing Year 1

– 201 7 167,900 47,200 228,400 75,000 3,3 10 521,800

Year 2

– 201 8 168,400 47,400 230,600 75,500 3,30 0 525,200

Year 3

– 201 9 168,900 47,700 232,900 76,000 3, 300 528,800

New Year 1

– 201 7 4,710 1,340 8,57 0 2,670 90 17,300

Year 2

– 201 8 4,840 1,370 8,750 2,7 30 100 17,700

Year 3

– 201 9 4,960 1,410 8,9 30 2,7 90 100 18,100

Total Year 1

– 201 7 172,600 48,600 236,900 77,700 3, 400 539,100

Year 2

– 201 8 173,200 48,800 239,400 78,200 3, 400 543,000

Year 3

- 201 9 173,800 49,000 241,800 78,800 3, 400 546,900


### Note: values may not total due to rounding. * Category I includes farms with aggregate oil storage capacity up to 19,999 gallons.

31

### 6(e) Estimated Total Annual Burden for All Respondents

The total hour burden is estimated as the average per

- facility burden multiplied by the number of affected facilities. Similarly, the total cost burden for all respondents is estimated by multiplying the number of facilities in each size category by the un it costs for each compliance activity. The total annual burden and costs for all respondents in each category are presented in

Exhibit 1 4 through Exhibit 1 8 for each facility size

. The annual average total burden is estimated

at 6

. 2 million hours; the annual average total cost is estimated at $ 79 7 million.

Alternative Estimates

EPA also calculated alternative cost estimates based on higher overhead rates for labor costs, which are presented in Exhibit 1 3 . The primary estimates are based on a 17 percent overhead rate and the alternatives are calculated assuming a 50 percent overhead rate and a 100 percent overhead rate

. The discussion of facility labor costs in section 6(a) describes how the overhead rates affect wage rates

. Under the primary assumption, the estimated total

annualized burden of the information col lection is $ 797 million. Under the alternative assumptions, the estimated total burden ranges from $ 969 to $ 1, 233 million.

Exhibit 13

Sensitivity Analysis for Total Cost Varying Overhead Rates ( 2015 $, Millions)

Assumption Labor O&M Total

Baseline Burden

17% Overhead $ 613 $ 18 4 $ 797

50% Overhead $ 785 $ 18 4 $ 969

100% Overhead $1, 049 $ 18 4 $1, 233

32

### Exhibit 14

Total Annual Burden and Costs for All Facilities
Average Category I Facilit ies ( Tier I )

Activity Annual Burden Hours 1 Total Burden

Hours PE Costs (201 5 $) Annual Cost (201 5 $) 2 Management Technical Drafter Clerical

Existing Facilities

Review the SPCC Plan and

Revise as Needed 3 33,700 99,800

- - 133,400 $0 $14,969,000

Submit Information in the

Event of Certain Discharges

of Oil 252 252

- - 505 $0 $40,400

Maintain the SPCC Plan and Keep Records - - - - - $0 $0

TOTAL

- 454,100

- - 454,100 $0 $35,828,000

New Facilities
Prepare an SPCC Plan 4,838 14,300

- - 19,200 $0 $2,151,000
Prepare a Contingency Plan 3,155 16,700

- 4,632 24,500 $0 $1,095,000

Submit Information in the Event of Certain Discharges

of Oil 7 7

- - 15 $0 $1,160

Revise the SPCC Plan 17 102

- 14 132 $0 $30,400

Maintain the SPCC Plan and Keep Records - 17,600

- - 17,600 $0 $1,389,000

TOTAL 8,017 48,800

- 4,645 61,500 $0 $4,667,000

1 Unit burden estimates are estimated totals , rounded to the nearest three significant figures of an hour, based on the distribution of storage and production facilities and the number of facilities estimated to perform each activity during the one

- year period

. The numbers in this exhibit may not add precisely due to rounding.

2 Annual costs are rounded to the three significant figures

. 3 The burden of reviewing and revising the SPCC Plan for a Tier I facility is assumed to be no more than that of preparing a ne w SPCC Plan using the Template, and is assumed to occur once every 5 years.

33

### E xhibit 15

Total Annual Burden and Costs for All Other Facilities
Average Category I Facilities

Activity Annual Burden Hours 1
Total Burden

Hours PE Costs ( 201 5 $) Annual Cost ( 201 5 $) 2 Management Technical Drafter Clerical

Existing Facilities

Review the SPCC Plan 17,100 132,900

- 17,100 167,200 $0 $17,161,000

Submit Information in the Event of Certain Discharges

of Oil 71 71

- - 142 $0 $11,400

Revise the SPCC Plan 14,400 86,400

- 11,500

- $0 $25,828,000

Maintain the SPCC Plan and Keep Records - 127,900

- - 127,900 $0 $10,089,000

TOTAL 31,600 347,300

- 28,600 295,200 $0 $53,090,000

New Facilities Prepare an SPCC Plan 2,468 37,000 13,700 4,970 58,100 $0 $5,688,000
Prepare a Contingency Plan 896 4,755

- 1,315 6,966 $0 $311,000

Submit Information in the Event of Certain Discharges

of Oil 2 2

- - 4 $0 $330

Revise the SPCC Plan 5 29

- 4 38 $0 $8,623

Maintain the SPCC Plan and Keep Records - 5,002

- - 5,002 $0 $395,000

TOTAL 3,371 46,700 13,700 6,289 70,100 $0 $6,402,000

1 Unit burden estimates are estimated totals , rounded to the nearest three significant figures of an hour, based on the distribution of storage and production facilities and the number of facilities estimated to perform each activity during the one

- year period

. The numbers in this exhibit may not add precisely due to rounding.

2 Annual costs are rounded to the three significant figures

.

34

### Exhibit 16

Total Annual Burden and Costs for All Facilities
Average Category II Facilities

Activity Annual Burden Hours 1
Total Burden

Hours PE Costs ( 201 5 $) Annual Cost ( 201 5 $) 2 Management Technical Drafter Clerical

Existing Facilities

Review the SPCC Plan 61,500 921,800

- 61,500 1,044,700 $0 $109,123,000

Submit Information in the Event of Certain Discharges

of Oil 346 346

- - 691 $0 $55,300

Revise the SPCC Plan 99,900 599,100

- 79,900 778,900 $92,646,000 $172,955,000

Maintain the SPCC Plan and Keep Records - 846,000

- - 846,000 $0 $66,747,000

TOTAL 161,700 2,367,300

- 141,300 2,670,300 $92,646,000 $348,880,000

New Facilities
Prepare an SPCC Plan 24,300 337,100 131,200 44,200 536,800 $19,120,000 $71,852,000
Prepare a Contingency Plan 5,682 30,200

- 8,342 44,200 $0 $1,973,000

Submit Information in the Event of Certain Discharges

of Oil 13 13

- - 26 $0 $2,090

Revise the SPCC Plan 41 249

- 33 323 $38,300 $71,600

Maintain the SPCC Plan and Keep Records - 11,700

- - 11,700 $0 $925,000

TOTAL 30,000 379,300 131,200 52,600 593,000 $19,158,000 $74,823,000

1 Unit burden estimates are estimated totals , rounded to the nearest three significant figures of an hour, based on the distribution of storage and production facilities and the number of facilities estimated to perform each activity during th e one

- year period

. The numbers in this exhibit may not add precisely due to rounding.

2 Annual costs are rounded to the three significant figures

.

35

### Exhibit 17

Total Annual Burden and Costs for All Facilities
Average Category III Facilities

Activity Annual Burden Hours 1
Total Burden

Hours PE Costs ( 201 5 $) Annual Cost ( 201 5 $) 2 Management Technical Drafter Clerical

Existing Facilities

Review the SPCC Plan 37,200 558,500

- 37,200 633,000 $0 $66,123,000

Submit Information in the

Event of Certain Discharges

of Oil 113 113

- - 226 $0 $18,100

Revise the SPCC Plan 60,500 363,100

- 48,400 472,000 $55,809,000 $104,472,000

Maintain the SPCC Plan and Keep Records - 337,200

- - 337,200 $0 $26,604,000

TOTAL 97,900 1,258,900

- 85,600 1,442,400 $55,809,000 $197,217,000

New Facilities
Prepare an SPCC Plan 15,100 197,700 81,700 16,200 310,700 $11,161,000 $41,728,000
Prepare a Contingency Plan 1,777 9,432

- 2,608 13,800 $0 $617,000

Submit Information in the Event of Certain Discharges

of Oil 4 4

- - 8 $0 $654

Revise the SPCC Plan 24 146

- 19 190 $46 $0

Maintain the SPCC Plan and Keep Records - 5,244

- - 5,244 $0 $414,000

TOTAL 16,900 212,500 81,700 18,800 330,000 $11,161,000 $42,759,000

1 Unit burden estimates are estimated totals , rounded to the nearest three significant figures of an hour, based on the distribution of storage and production facilities and the number of facilities estimated to perform each activity during the one

- year period

. The numbers in this exhibit may not add precisely due to rounding.

2 Annual costs are rounded to the three significant figures

.

36

### Exhibit 18

Total Annual Burden and Costs for All Facilities
Average Category IV Facilities

Activity Annual Burden Hours 1
Total Burden

Hours PE Costs (2015$) Annual Cost (2015$) 2 Management Technical Drafter Clerical

Existing Facilities

Review the SPCC Plan 2,855 43,100

- 2,855 48,800 $0 $5,101,000

Submit Information in the Event of Certain Discharges

of Oil 5 5

- - 10 $0 $792

Revise the SPCC Plan 4,734 27,800

- 3,712 36,300 $4,320,000 $8,063,000

Maintain the SPCC Plan and Keep Records 1,178 38,900

- 2,355 42,400 $0 $2,845,000

TOTAL 8,772 109,800

- 8,922 127,500 $4,320,000 $16,010,000

New Facilities
Prepare an SPCC Plan 1,035 12,000 3,894 1,289 18,200 $697,000 $2,495,000
Prepare a Contingency Plan 62 330

- 91 483 $0 $21,600

Submit Information in the Event of Certain Discharges

of Oil 0 0

- - 0 $0 $23

Revise the SPCC Plan 2 9

- 1 12 $1,408 $2,629

Maintain the SPCC Plan and Keep Records - 670

- - 670 $0 $52,800

TOTAL 1,099 13,000 3,894 1,381 19,400 $698,000 $2,572,000

1 Unit burden estimates are estimated totals, rounded to the nearest three significant figures of an hour, based on the distrib ution of storage and production facilities and the number of facilities estimated to perform each activity during the one

- year per iod

. The numbers in this exhibit may not add precisely due to rounding.

2 Annual costs are rounded to the three significant figures

.

37

### 6(f) Bottom Line Burden and Cost Tables

The total estimated burden hours and costs incurred by all new and existing facilities are

summarized in Exhibit 1 9

. The exhibit shows the burden and cost components for each year of this ICR, along with total and annualiz ed costs.

Exhibit 19

Estimated Total Burden and Costs for Facilities

Year Total Burden (million hours) Total Cost ( 2015 $, millions)

Labor O&M Total

First 6.1 $607 $182 $789

Second 6.2 $613 $184 $797

Third 6.3 $619 $186 $805

TOTAL 18.6 $1,840 $551 $2,392

ANNUALIZED 6.2 $613 $184 $797



### 6(g) Reasons for the Change in Burden

Differences in burden and costs from the previous ICR are attributed to adjustments for wage rates and the projected universe of facilities over the covered period 201 7 through 2019

. Adjustments capture updates to the number of affected facilities and wages. The number of affected facilities changed in part due to the WRRDA of 2014 which, as described above, provides exemptions for certain farms based on aggregate oil storage capacity, container sizes, and reportable discharge history

. As a result, EPA estimate d that approximately 123

, 9 00 farms will not have to prepare or maintain an SPCC Plan and this is reflected in the estimate of farms subject to SPCC in 2016 and projected over the 20 17

– 201 9 ICR peri od. EPA estimates that

there will be 127

, 0 00 fewer responses as a result of these adjustment s

. The change was not discretionary.

Exhibit 20 presents the annual burden hours and costs

. In total, the burden hours presented in this ICR have decreased relative to the current OMB inventory. The new burden

estimate shows a net annual decrease of approximately 2.6 million hours

, due to the net change

in the universe of regulated facilities and changes in the reporting and recordkeeping burden for

farms eli gible for Plan self

- certification under the WRRDA of 2014

.

38

### Exhibit 20

Total Estimated Annual Burden Hours and Annualized 

### Costs Comparison

Annual Burden Hours O&M Costs (Thousands)

Current OMB Inventory Burden 8, 798, 900 $ 1 86

, 700

Change in Burden

- 2,601, 500

- $ 2

, 900

SPCC Final Rule Collection

Burden 6,197, 400 $183, 800



### The exhibits below present the change in burden (hours and costs) as compared to the burden estimates currently approved by OMB. 17 

### The exhibits show change in burden for all facilities, except for facilities owned or operated by the federal governments (Exhibit 21) and separately for Private facilities ( Exhibit 2 2 ) and State and Local Gove rnment facilities ( Exhibit

2 3 )

.
Exhibit 21

Total Estimated Annual Burden and Costs Comparison: All Respondent Facilities

Total Requested Change Due to

EPA Discretion Due to EPA

Estimate Currently Approved

Annual Responses 542

, 1 00 0

- 1 2 7

, 9 00 6 7 0

, 0 00

Annual Hour Burden 6, 1 8 0

, 100 0

- 2, 6 1 8

, 9 00 8, 798

, 9 00

Annual Cost Burden (Capital/ Startup and O&M costs) $183, 160,300 $0

- 3, 514,5 00 $ 186

, 674

, 8 00



### Exhibit 22

Total Estimated Annual Burden and Costs Comparison : Private Facilities

Total Requested Change Due to

EPA Discretion Due to EPA

Estimate Currently Approved

Annual Responses 541

, 6 00 0

- 12 7

, 8 00 669

, 4 00

Annual Hour Burden 6

, 1 77

, 300 0

- 2, 6 13

, 700 8, 791

, 0 00

Annual Cost Burden (Capital/ Startup and O&M costs) $ 18 3,160,300 0

- $ 3

, 346

, 500 $ 186

, 50 6

, 8 00

17 OMB’s currently approved burden was estimated for 2013

– 2015, covering July 1, 2013 through June 30, 2016

.

39

### Exhibit 23

Total Estimated Annual Burden and Costs Comparison : State and Local Government

Facilities

Total Requested Change Due to

EPA

Discretion Due to EPA

Estimate Currently Approved

Annual Responses 528 0

- 75 603

Annual Hour Burden 2 767 0

- 5151 7,918

Annual Cost Burden (Capital/ Startup and O& M costs) $ 0 0

- $ 168,000 $ 168

, 0 0 0



### Annual Respondent Burden Respondents Hours O&M

Private 541,572 6,177,343 $183,160,295

State/Local 528 2,767 $0

Total 542,100 6,180,110 $183,160,295

Total respondent annual cost for this collection is $797,257,493.

6(h) Burden Statement

The annual public reporting and recordkeeping burden for this collection of information is about 11 hours per response. F or newly regulated facilities it is estimated to range from 1 3 to

20 3 hours per facility, with an average burden of approximately 57 hours per response. The net annual public reporting and recordkeeping burden for facilities already regulated by the rule is estimated to range from 4 to 39 hours, with an average burden of approximately 10 hours.

Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a federal agency. This

includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust th e existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information

. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA’s regulations are listed in 40 CFR part 9 and chapter 15 of 48 CFR

.

To comment on EPA ’s need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA h as established a public docket for this ICR under Docket

ID Number EPA

- HQ

- OPA

- 2007

- 0584 , which is available for online viewing at

40

### www.regulations.gov , or in person viewing at the Superfund Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334 , 1301 Constitution Avenue, NW, Washington, D.C

. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is (202) 566

- 1744, and the telephone number for the Superfund Docket is (202) 566

- 0276. An electronic version of the public docket is available at www.regulations.gov. This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically

. When in the system, select “search,” then key in the Docket ID Number identified above

. Also, comments

can be sent to the Office of Inform ation and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA

. Please

include the EPA Docket ID Number EPA

- HQ

- OPA

- 2007

- 0584 and OMB Control Number 2050

- 0021 in any correspondence

.

41