Agency Information Collection Activities; Proposed Information Collection Request; Comment Request; Oil Pollution Act Facility Response Plans (Renewal), EPA ICR No. 1630.15, OMB Control No. 2050-0135
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Issuing agencies
Abstract
The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR): Oil Pollution Act Facility Response Plans (Renewal) (EPA ICR No. 1630.15, OMB Control No. 2050-0135) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA). Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collection as described in SUPPLEMENTARY INFORMATION. This is a proposed extension of the ICR, which is currently approved through May 31, 2026. This document allows 60 days for public comments.
Full Text
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<title>Federal Register, Volume 90 Issue 219 (Monday, November 17, 2025)</title>
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[Federal Register Volume 90, Number 219 (Monday, November 17, 2025)]
[Notices]
[Pages 51311-51312]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-19997]
[[Page 51311]]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OLEM-2018-0105; FRL-12911-01-OLEM]
Agency Information Collection Activities; Proposed Information
Collection Request; Comment Request; Oil Pollution Act Facility
Response Plans (Renewal), EPA ICR No. 1630.15, OMB Control No. 2050-
0135
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: The Environmental Protection Agency (EPA) is planning to
submit an information collection request (ICR): Oil Pollution Act
Facility Response Plans (Renewal) (EPA ICR No. 1630.15, OMB Control No.
2050-0135) to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act (PRA). Before
doing so, EPA is soliciting public comments on specific aspects of the
proposed information collection as described in SUPPLEMENTARY
INFORMATION. This is a proposed extension of the ICR, which is
currently approved through May 31, 2026. This document allows 60 days
for public comments.
DATES: Comments must be submitted on or before January 16, 2026.
ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OLEM-
2018-0105, to: EPA online using <a href="https://www.regulations.gov">https://www.regulations.gov</a> (our
preferred method) or by mail to: EPA Docket Center, Environmental
Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW,
Washington, DC 20460. EPA's policy is that all comments received will
be included in the public docket without change including any personal
information provided, unless the comment includes profanity, threats,
information claimed to be Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
FOR FURTHER INFORMATION CONTACT: Christie Torres Rosa, Office of
Emergency Management, Mail Code 5104A, Environmental Protection Agency,
1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number:
(202) 566-0121; email address: <a href="/cdn-cgi/l/email-protection#c9bda6bbbbacbae4bba6baa8e7aaa1bba0babda0ac89acb9a8e7aea6bf"><span class="__cf_email__" data-cfemail="8efae1fcfcebfda3fce1fdefa0ede6fce7fdfae7ebceebfeefa0e9e1f8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a proposed extension of the ICR,
which is currently approved through May 31, 2026. 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.
This document allows 60 days for public comments. Supporting
documents, which explain in detail the information that EPA will be
collecting, are available in the public docket for this ICR. The docket
can be viewed online at <a href="https://www.regulations.gov">https://www.regulations.gov</a> or in person at the
EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW,
Washington, DC. The telephone number for the Docket Center is (202)
566-1744. For additional information about EPA's public docket, visit
<a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting
comments and information to enable it to: (i) evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the Agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate forms of information technology. EPA
will consider the comments received and amend the ICR as appropriate.
The final ICR package will then be submitted to OMB for review and
approval. At that time, EPA will issue another Federal Register
document to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB.
Abstract: The authority for EPA's facility response plan (FRP)
requirements is derived from section 311(j)(5) of the Clean Water Act
(CWA), as amended by the Oil Pollution Act of 1990. EPA's regulation is
codified at 40 CFR 112.20 and 112.21 and related appendices. The owner
or operator of a facility subject to 40 CFR 112.20 must prepare and
submit an FRP to EPA based on the following applicability criteria: (1)
The facility transfers oil over water to or from a vessel and has a
total storage capacity of greater than or equal to 42,000 gallons; or
(2) the facility's total oil storage capacity is greater than or equal
to one million gallons and one or more of the following harm factors
are met: Insufficient secondary containment for aboveground storage
tanks at the facility; a discharge of oil could cause injury to fish
and wildlife and sensitive environments; a discharge of oil could shut
down a drinking water intake; the facility has experienced a reportable
oil discharge of 10,000 gallons or more in the last 5 years; or other
factors considered by the Regional Administrator (see 40 CFR
112.20(a)(2), (b)(1), (f)(1) and (f)(2) for further information).
The purpose of an FRP is to help an owner or operator identify the
necessary resources to respond to an oil discharge in a timely manner.
If implemented effectively, the FRP will reduce the impact and severity
of oil discharges and may prevent discharges because of the
identification of risks at the facility. Although the owner or operator
is the primary data user, EPA also uses the data in certain situations
to ensure that facilities comply with the regulation and to help
allocate response resources. State and local governments may use the
data, which are not generally available elsewhere, and can greatly
assist local emergency preparedness planning efforts. The EPA reviews
all submitted FRPs and must approve FRPs for those facilities whose
discharges may cause significant and substantial harm to the
environment to ensure that facilities believed to pose the highest risk
have planned for adequate resources and procedures to respond to oil
discharges (see 40 CFR 112.20(f)(3) for further information about the
criteria for significant and substantial harm.). No information
collected under the FRP rule is expected to be confidential. One of the
criteria necessary for information to be classified as ``proprietary
business information'' (40 CFR 2.208) is that a business must show that
it has previously taken reasonable measures to protect the
confidentiality of the information and that it intends to continue to
take such measures. EPA provides no assurances of confidentiality to
facility owners or operators when they file their FRPs.
The burden estimates, numbers and types of respondents, wage rates
and unit and total costs for this ICR renewal will be revised and
updated, if needed, during the 60-day comment period while the ICR
Supporting Statement is undergoing review at OMB.
Form numbers: None.
Respondents/affected entities: Owners or operators of facilities
required to have Spill Prevention, Control, and Countermeasure (SPCC)
plans under the Oil Pollution Prevention regulation (40 CFR part 112)
and that, because of their location, could reasonably be expected to
cause substantial harm to the environment.
Respondent's obligation to respond: Mandatory under section
311(j)(5) of the
[[Page 51312]]
CWA, as amended by the Oil Pollution Act of 1990.
Estimated number of respondents: 16,752 (total).
Frequency of response: Annual.
Total estimated burden: 321,984 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
Total estimated cost: $17,348,480 (per year), includes $20,369
annualized capital or operation and maintenance costs.
Changes in estimates: Total estimated costs reflect U.S. Bureau of
Labor Statistics labor rates as of May 2024. This estimate is based on
EPA's current inventory of facilities that have submitted and are
maintaining an FRP. Any change in burden or cost resulting from the 60-
day OMB review period will be described and explained in this section
when the updated ICR Supporting Statement is completed.
Andrew Baca,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2025-19997 Filed 11-14-25; 8:45 am]
BILLING CODE 6560-50-P
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