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

Forms and Documents

Document Name	Status
Form 6100-10 Continuous Release Reporting Regulations (CRRR) under CERCLA 1980 Form and Instruction	Modified
1445ss13.docx Supporting Statement A	2017-11-30

IC Document Collections

IC ID	Document Title	Status
23870	Continuous Release Reporting Regulations (CRRR) under CERCLA 1980 Form and Instruction	Modified

ICR Details

OMB Control No: 2050-0086	ICR Reference No: 201711-2050-001
Status: Historical Inactive	Previous ICR Reference No: 201504-2050-001
Agency/Subagency: EPA/OLEM	Agency Tracking No: 1445.13
Title: Continuous Release Reporting Regulations (CRRR) under CERCLA 1980 (Amendment)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 12/22/2017
OIRA Conclusion Action: Withdrawn and continue	Conclusion Date: 04/02/2018
	Date Received in OIRA: 11/30/2017
Terms of Clearance: 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
Expiration Date	11/30/2018	6 Months From Approved	11/30/2019
Responses	32,308	0	32,308
Time Burden (Hours)	325,582	0	325,582
Cost Burden (Dollars)	165,111	0	165,111

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Abstract: 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).

Emergency Justfication: 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.

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Authorizing Statute(s): 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
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Continuous Release Reporting Regulations (CRRR) under CERCLA 1980	6200-15, 6200-15, 6100-10, 6100-10, 6100-10, 6100-10, 6100-10, 6200-15, 6200-15	Continuous Release Reporting Form ,   Continuous Release Reporting Form ,   Continuous Release Reporting Form ,   Continuous Release Reporting Form ,   Continuous Release Reporting Form ,   Continuous Release Reporting Form for Farms ,   Continuous Release Reporting Form for Farms ,   Continuous Release Reporting Form for Farms ,   Continuous Release Reporting Form for Farms

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: 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.

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Annual Cost to Federal Government: $783,230

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 11/30/2017

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