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.
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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 sourceâs 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 sourcesâ 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 sourceâs 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