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 sources 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 sources 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.
The cost and burden in this 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