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)
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Issuing agencies
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.
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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 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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