EPA Publishes SERC Survey 60-day ICR

Yesterday the Environmental Protection Agency (EPA) published a 60-day information collection request (ICR) notice in the Federal Register (85 FR 71892-71893) for a new ICR for a survey of State Emergency Response Commitssions (SERCs). The proposed survey would be designed “to gather information on how EPCRA [Emergency Planning and Community Right-to-Know Act of 1986] is being implemented, best practices, challenges, and gaps in meeting the requirements”

The burden estimate provide in this ICR notice provides the following information:

• Number of expected respondents – 56,

• Frequency – 1 time,

• Burden hours – 4-hrs per response,

• Total burden hours – 224-hrs.

The EPA is soliciting public comments on this proposed ICR. Comments may be filed via the Federal eRulemaking Portal (www.Regulations.gov; Docket # EPA-HQ-OLEM-2020-0521). Comments should be submitted by January 11^th, 2021.

Commentary

I have frequently taken the EPA to task in this blog for their relative lack of oversight of the emergency planning requirements of EPCRA, particularly the establishment and operation of Local Emergency Planning Committees (LEPCs). Yesterday’s notice does not provide any information on the questions that will be included in the survey of LEPCs. I would, however, like to suggest that the following questions about LEPCs be included:

• How many counties, parishes or boroughs in the State do not have active LEPCs (active means having an appointed Chair and having conducted a public meeting within the last 12 months)?

• How many active LEPCs have had a public meeting within the last calendar quarter?

• How many facilities within the State are covered by the Chemical Facility Anti-Terrorism Standards (CFATS) program?

• How many of those facilities have had a written emergency response plan prepared by the responsible LEPC?

Additionally, I would like to suggest that this survey be changed from a one-time affair into an annual activity by the EPA.

A copy of this blog post will be submitted as a comment on this Docket.