Continuous Release Reporting Regulations (CRRR) under CERCLA 1980 (Amendment)

ICR 201711-2050-001

OMB: 2050-0086

Federal Form Document

Forms and Documents
Document
Name
Status
Form and Instruction
Modified
Supporting Statement A
2017-11-30
IC Document Collections
ICR Details
2050-0086 201711-2050-001
Historical Inactive 201504-2050-001
EPA/OLEM 1445.13
Continuous Release Reporting Regulations (CRRR) under CERCLA 1980 (Amendment)
Revision of a currently approved collection   No
Emergency 12/22/2017
Withdrawn and continue 04/02/2018
Retrieve Notice of Action (NOA) 11/30/2017
Per EPA's request and due to the recent passage of the FARMS Act, creating a Continuous Release Reporting Form specific to farms is no longer needed.
  Inventory as of this Action Requested Previously Approved
11/30/2018 6 Months From Approved 11/30/2019
32,308 0 32,308
325,582 0 325,582
165,111 0 165,111

This information collection request (ICR) addresses the reporting and record keeping activities required for farms to comply with EPA’s Continuous Release Reporting Regulation (CRRR; 40 CFR 302.8) implementing Section 103(f)(2) of CERCLA. The CRRR clarifies the types of releases that qualify for reporting under CERCLA Section 103(f)(2) and establishes the reporting requirements applicable to qualifying releases. The continuous release reporting requirements also apply to the release notification required under Section 304 of the Emergency Planning and Community Right-to-Know Act (EPCRA). EPCRA Section 304 supplements the release notification under CERCLA Section 103, requiring notifications to the State Emergency Response Commission (SERC) and the Local Emergency Planning Committee (LEPC). Responsibility for information collection activities of the CRRR reside in the Office of Emergency Management (OEM) in the Office of Land and Emergency Management (OLEM).
Due to a recent court vacatur, farmers will be required to report continuous releases of hazardous substances from animal waste starting on January 22, 2017. A general continuous release reporting form is currently in use, but the form is not tailored for releases from animal waste. EPA developed a streamlined form for farmers to report continuous releases, but the form needs to be cleared by OMB before regulatees can begin using the form.

US Code: 42 USC 9601 et seq. Name of Law: Comprehensive Environmental Response, Compensation, and Liability Act
   US Code: 42 USC 11001–11050 Name of Law: Emergency Planning and Community Right-to-Know Act
  
None

Not associated with rulemaking

No

Yes
Changing Regulations
No
On December 18, 2008, EPA published a final rule, “CERCLA/EPCRA Administrative Reporting Exemption for Air Releases of Hazardous Substances from Animal Waste at Farms,” that exempted farms releasing hazardous substances from animal waste to the air at or above threshold levels from reporting under CERCLA Section 103. The final rule also exempted reporting of such releases under EPCRA Section 304 if the farm had fewer animals than a large concentrated animal feeding operation (CAFO) (40 CFR 355.31(g)). On April 11, 2017, the D.C. Circuit Court vacated this final rule, thus eliminating the exemptions. Therefore, farms that were previously not subject to reporting requirements for air releases of hazardous substances from animal wastes are now required to report. This ICR amendment accounts burden for medium and large CAFOs (“farms”) to comply with CERCLA Section 103.

$783,230
No
    No
    No
No
No
No
Uncollected
Sicy Jacob 202 564-8019 jacob.sicy@epamail.epa.gov

  No

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
 
 
 
 
 
 
 
    (i) Why the information is being collected;
    (ii) Use of information;
    (iii) Burden estimate;
    (iv) Nature of response (voluntary, required for a benefit, or mandatory);
    (v) Nature and extent of confidentiality; and
    (vi) Need to display currently valid OMB control number;
 
 
 
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
11/30/2017


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