Notice2026-10199

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Implementation of the Oil Pollution Act Facility Response Plan Requirements (Renewal)

Primary source

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Published
May 21, 2026

Issuing agencies

Environmental Protection Agency

Abstract

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Oil Pollution Act Facility Response Plans (EPA ICR Number 1630.15, OMB Control Number 2050-0135) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through May 31, 2026. Public comments were previously requested via the Federal Register on November 17, 2025 during a 60-day comment period. This notice allows for an additional 30 days for public comments.

Full Text

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<title>Federal Register, Volume 91 Issue 98 (Thursday, May 21, 2026)</title>
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[Federal Register Volume 91, Number 98 (Thursday, May 21, 2026)]
[Notices]
[Pages 29957-29958]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10199]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OLEM-2018-0105; FRL-13400-01-OMS]


Agency Information Collection Activities; Submission to the 
Office of Management and Budget for Review and Approval; Comment 
Request; Implementation of the Oil Pollution Act Facility Response Plan 
Requirements (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an 
information collection request (ICR), Oil Pollution Act Facility 
Response Plans (EPA ICR Number 1630.15, OMB Control Number 2050-0135) 
to the Office of Management and Budget (OMB) for review and approval in 
accordance with the Paperwork Reduction Act. This is a proposed 
extension of the ICR, which is currently approved through May 31, 2026. 
Public comments were previously requested via the Federal Register on 
November 17, 2025 during a 60-day comment period. This notice allows 
for an additional 30 days for public comments.

DATES: Comments may be submitted on or before June 22, 2026.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OLEM-2018-0105, to EPA online using <a href="http://www.regulations.gov">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.
    Submit written comments and recommendations to OMB for the proposed 
information collection within 30 days of publication of this notice to 
<a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular information 
collection by selecting ``Currently under 30-day Review--Open for 
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Christie Torres Rosa, Office of 
Resource Conservation and Recovery, 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#b5c1dac7c7d0c698c7dac6d49bd6ddc7dcc6c1dcd0f5d0c5d49bd2dac3"><span class="__cf_email__" data-cfemail="22564d505047510f504d51430c414a504b51564b47624752430c454d54">[email&#160;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.
    Public comments were previously requested via the Federal Register 
on November 17, 2025 during a 60-day comment period (90 FR 51311). This 
notice allows for an additional 30 days for public comments. Supporting 
documents, which explain in detail the information that the EPA will be 
collecting, are available in the public docket for this ICR. The docket 
can be viewed online at <a href="http://www.regulations.gov">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

[[Page 29958]]

information about EPA's public docket, visit <a href="http://www.epa.gov/dockets">http://www.epa.gov/dockets</a>.
    Abstract: The authority for EPA's facility response plan (FRP) 
requirements is derived from section 311(j)(5) of the Clean Water Act, 
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.
    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.
    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.
    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 Clean Water Act, as amended by the Oil Pollution Act 
of 1990.
    Estimated number of respondents: 17,269 (total).
    Frequency of response: Annual.
    Total estimated burden: 319,919 hours (per year). Burden is defined 
at 5 CFR 1320.03(b).
    Total estimated cost: $16,046,491 (per year), which includes 
$20,366 annualized capital or operation & maintenance costs.
    Changes in the estimates: There is a decrease of 65,867 hours in 
the total estimated respondent burden compared with the ICR currently 
approved by OMB. This decrease is due to changes in the number of 
affected facilities, estimates of affected facilities by size and type, 
and labor rates.

Courtney Kerwin,
Deputy Director, Data and Enterprise Programs Division.
[FR Doc. 2026-10199 Filed 5-20-26; 8:45 am]
BILLING CODE 6560-50-P


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Indexed from Federal Register on May 21, 2026.

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