Accidental Release Prevention Requirements: Risk Management Program Modernization Under the Clean Air Act (CAA), Section 112(r)(7) (Proposed Rule)

Forms and Documents

Document Name	Status
2537ss05.docx Supporting Statement A	2019-11-26

IC Document Collections

IC ID	Document Title	Status
220198	Risk Management Program Reconsideration Requirements - State and Local Government Agencies	Modified
220197	Private Sector - Risk Management Program Requirements and Petitions	Modified

ICR Details

OMB Control No: 2050-0216	ICR Reference No: 201911-2050-001
Status: Historical Inactive	Previous ICR Reference No: 201906-2050-002
Agency/Subagency: EPA/OLEM	Agency Tracking No: 2537.05
Title: Accidental Release Prevention Requirements: Risk Management Program Modernization Under the Clean Air Act (CAA), Section 112(r)(7) (Proposed Rule)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 12/10/2019
	Date Received in OIRA: 12/10/2019
Terms of Clearance: OMB files this comment in accordance with 5 CFR 1320.11( c ). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2022	36 Months From Approved	09/30/2022
Responses	51,825	0	51,825
Time Burden (Hours)	1,778,244	0	1,778,244
Cost Burden (Dollars)	8,285,600	0	8,285,600

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Abstract: 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 to revise the existing rule codified in 40 CFR Part 68, and addresses the following information requirements that are part of the proposed revision to the rule: (1) Hold a public meeting within 90 days of an accident subject to reporting under 68.42. (2) Meet and coordinate with local responders to share emergency response planning information. (3) Conduct an emergency notification exercise to verify emergency contact information. (4) Conduct and document emergency response field and tabletop exercises.

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Authorizing Statute(s): US Code: 42 USC 7401 Name of Law: Clean Air Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2050-AG95	Proposed rulemaking	83 FR 24850	05/30/2018

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Private Sector - Risk Management Program Requirements and Petitions
Risk Management Program Reconsideration Requirements - State and Local Government Agencies

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Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: The changes in cost and burden in this ICR compared to the previous ICR are in response to proposed revisions to an existing rule codified in 40 CFR Part 68. The proposed rule changes include holding a public meeting within 90-days of an accident subject to reporting under 68.42, conducting emergency drills and exercises, and coordinating response activities with local responders.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 12/10/2019

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