Due to the
reconsideration of the final rule to amend the Risk Management
Program regulations under the Clean Air Act, which published in the
Federal Register on January 13, 2017, EPA ihas requested to
withdraw this rule-related ICR. EPA intends to resubmit a
subsequent ICR which will address the changes between the base
program ICR and resulting reconsideration rule.
Inventory as of this Action
Requested
Previously Approved
36 Months From Approved
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CAA section 112(r)(7) required EPA to
promulgate regulations and appropriate guidance to provide for the
prevention and detection of accidental releases and for responses
to such releases. EPA issued the final rule on June 20, 1996 (61 FR
31668). The regulations include requirements for submittal of an
RMP, including source registration, to EPA. The RMP includes
information on a source’s hazard assessment, prevention program,
and emergency response program. The regulations are codified in 40
CFR part 68. The rule requires sources to submit their RMPs every
five years beginning June 21, 1999. The final rule establishing the
list of regulated substances and threshold quantities under CAA
section 112r was published on January 31, 1994 (59 FR 4478), which
also includes provisions and procedures for submitting a petition
to add or delete a substance. The information collection request
(ICR) (EPA ICR No. 1656.15, OMB Control No. 2050-0144) addressed
the following information requirements: (1) Documenting sources’
risk management programs and submitting a source risk management
plan (RMP) under CAA Section 112(r)(7). The regulations include
requirements for covered sources to implement and maintain
documentation for a risk management program and submit a RMP
(including information on a source’s hazard assessment, prevention
program, and emergency response program) to EPA. EPA has assumed
responsibility for maintaining a database of submitted RMPs, which
will be made available electronically to the implementing agency,
states, local governments, and (except for the Offsite Consequence
Analysis data) to the public. (2) Collecting and submitting
information to support petitions to modify the list of regulated
substances under CAA Section 112(r)(3). The regulations include
requirements for a petitioner to submit sufficient information in
support of a petition to scientifically support the request to add
or delete a chemical from the list of regulated substances. The
Agency will use this information in making the decision to grant or
deny a petition. This ICR amends the existing ICR in response to a
final rule codified in 40 CFR Part 68, and addresses the following
information requirements that are part of the proposed revision to
the rule: (1) Make certain information related to the risk
management program available to members of the public upon request.
(2) Hold a public meeting within 90 days of an accident subject to
reporting under §68.42. (3) Hire an independent third-party to
conduct the compliance audit after a reportable release. (4)
Conduct and document a root cause analysis after a reportable
release or near miss. (5) Conduct and document a safer technology
and alternatives analysis. (6) Meet and coordinate with local
responders to share emergency response planning information. (7)
Conduct an emergency notification exercise to verify emergency
contact information. (8) Conduct and document emergency response
field and tabletop exercises.
New final rule. The changes in
cost and burden in this ICR compared to the previous ICR are in
response to a final rule codified in 40 CFR Part 68. The final rule
changes include making information related to the existing risk
management program available to the local community; holding a
public meeting within 90-days of an accident subject to reporting
under §68.42; and the costs of conducting other audits, analyses,
drills, exercises, planning and public meetings, after a reportable
release and for compliance with the proposed rule.
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.
State and Local Implementing Agencies