The 1990 CAA Amendments added section
112(r) to provide for the prevention and mitigation of accidental
releases. Section 112(r) mandates that EPA promulgate a list of
regulated substances with threshold quantities and establish
procedures for the addition and deletion of substances from the
list of regulated substances. Processes at stationary sources that
contain more than a threshold quantity of a regulated substance are
subject to accidental release prevention regulations promulgated
under CAA section 112(r)(7). These two rules are codified as 40 CFR
part 68. Part 68 requires that sources with more than a threshold
quantity of a regulated substance in a process develop and
implement a risk management program and submit a risk management
plan to EPA. The compliance schedule for the Part 68 requirements,
established by rule on June 20, 1996, requires the implementation
of the source risk management programs and the submission of
initial RMPs by June 21, 1999, and at least every five years after
the initial submission. Sources must resubmit earlier than their
next five-year deadline if they undergo certain changes to their
covered processes as specified in Part 68. Therefore, after the
initial submission, some sources re-submitted their RMPs prior to
the next 5-year deadline because they had process changes that
required an earlier update. These sources were then assigned a new
five-year resubmission deadline based on the date of their revised
plan submission. Most covered sources had no significant changes to
their covered processes and therefore resubmitted their updated RMP
on June 21, 2004. This same pattern continued through the next two
submission cycles some sources updated and resubmitted their RMP
prior to their next five-year deadline and were assigned a new
(off-cycle) five-year deadline, but a majority of sources submitted
their updated RMP on or near the next scheduled five-year
resubmission deadlines (June 2009 and June 2014). Similarly, while
most sources next submission is due in June 2019, because of
off-cycle resubmission deadlines assigned to sources who have
resubmitted RMPs prior to their next 5-year resubmission date, only
a portion of the RMP-regulated universe has a submission deadline
occurring in June, 2019. Other than the costs for gathering
information and filling out the on-line RMP form, the regulations
require sources to maintain on-site documentation, perform a
compliance audit every three years, provide refresher training to
employees, perform a hazard analysis at least every five years,
etc. Some of these activities are expected to occur annually or are
on-going. Some are required every three years or every five years,
unless there are changes at the facility. Therefore, the burden and
costs incurred by sources vary from ICR to ICR. The five-year
resubmission deadline set by the regulations or assigned by EPA
based on the latest RMP resubmission also will cause the burden to
vary from ICR to ICR.
There are two primary reasons
for this increase in burden in this renewal package. First, this
ICR period includes a larger number of RMPs reported than the
previous ICR period. Second, the burden varies from ICR to ICR due
to different resubmission deadlines based on the sources RMP
re-submission deadlines and other regulatory deadlines. Therefore,
the burden changes each year depending on how many sources are
required to submit their RMP and comply with certain prevention
program requirements. The number of sources subject to the
regulations fluctuates regularly and is lower in this ICR than the
previous ICR. However, any decrease in burden caused by the lower
number of sources is offset by the increased burden from the major
RMP reporting year.
$2,163,321
No
No
No
No
No
No
Uncollected
Wendy Hoffman 202
564-8794
No
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.
Form 8700-28 Risk Management Program Requirements and Petitions - Private Sector
1656ss16.docx
Risk Management Program Requirements and Petitions - Private Sector