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
proposed 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 the local community. (2)
Provide information, upon request, to the LEPC and local emergency
response officials with summaries of certain activities under the
risk management program. (3) Hold a public meeting within 30-days
of an accident subject to reporting under §68.42. (4) Hire a
third-party to conduct the compliance audit after a reportable
release. (5) Conduct and document a root cause analysis after a
reportable release. (6) Conduct and document an incident
investigation, including root cause analysis, after a near miss.
(7) Conduct and document a safer technology and alternatives
analysis. (8) Meet and coordinate with local responders to ensure
adequate response capability exists. (9) Conduct a notification
drill to verify information. (10) Conduct and document emergency
response exercises. (11) Come into compliance with requirements for
developing an emergency response program, including developing an
emergency response plan, conducting emergency response exercises,
documenting training, and providing information to the
LEPC.
On January 13, 2017, EPA
finalized amendments to the Accidental Release Prevention
Requirements for Risk Management Programs under the Clean Air Act,
Section 112(r)(7). The amendments were intended to modify:
•accident prevention program elements; •emergency preparedness
requirements; and •provisions related to sharing information with
the public and local emergency planners/responders. EPA received
multiple petitions to reconsider and stay the RMP rule amendments.
On June 14, 2017, the EPA published a final rule to delay the
effective date of the RMP rule amendments until February 19, 2019
in order to allow time for a reconsideration proceeding to review
objections raised by petitioners to the final RMP Amendments rule.
In July 2017, various parties filed a petition for judicial review
of the Delay Rule (Air Alliance Houston et al. v. EPA et al., No.
17-1155 (DC Cir.)). On May 30, 2018, EPA proposed changes to the
final RMP Amendments rule issued on January 13, 2017 On August 17,
2018, the United States Court of Appeals for the District of
Columbia Circuit issued a decision in the Air Alliance Houston
case, vacating the June 2017 EPA regulation (82 FR 27133, June 14,
2017) that delayed the effective date of the final RMP Amendments
rule. On September 21, 2018, the U.S. Court of Appeals for the D.C.
Circuit Court issued its mandate which makes the 2017 RMP
Amendments rule now effective. This emergency ICR is intended to
support the reporting and recordkeeping burden created by that
rulemaking action. The previous ICR for the January 13, 2017 Final
Rule (OMB Control #: 2050-0216; EPA ICR # 2537.02) was withdrawn
(on 3/14/18) before it was approved by OMB.
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.
2537ss03.docx
State and Local Implementing Agencies