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 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:
â¢accident prevention program elements;
â¢emergency preparedness requirements; and
â¢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