Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Safer Communities by Chemical Accident Prevention (Final Rule)

Forms and Documents

Document Name	Status
2725ria02.docx Supplementary Document	2024-07-25
2725rtc02.docx Supplementary Document	2024-07-25
2725ssa02.docx Supporting Statement A	2024-07-25

IC Document Collections

IC ID	Document Title	Status
255712	State and Local Government	Modified
255711	Private Sector	Modified

ICR Details

OMB Control No: 2050-0226	ICR Reference No: 202407-2050-002
Status: Received in OIRA	Previous ICR Reference No: 202208-2050-001
Agency/Subagency: EPA/OLEM	Agency Tracking No: 2725.02
Title: Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Safer Communities by Chemical Accident Prevention (Final Rule)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 07/25/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	63,984	0
Time Burden (Hours)	1,190,991	0
Cost Burden (Dollars)	12,492,110	0

---

Abstract: The changes to the current Risk Management Program (RMP) regulations implemented by the Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Safer Communities by Chemical Accident Prevention (SCAAP) final rule will improve safety at facilities that use and distribute hazardous chemicals. The U.S. Environmental Protection Agency (EPA) believes that the RMP regulations have been effective in preventing and mitigating chemical accidents in the United States and that the revisions, by giving special consideration to concerns about climate change and environmental justice and by building on lessons learned from the current regulatory program, will further protect human health and the environment from chemical hazards through advancement of process safety. These revisions are informed by EPAs review of the current RMP rule and information EPA gathered from public listening sessions held in June and July 2021 and by public comments the Agency received on the proposed rule. The revisions in this final rule will improve chemical process safety, assist in planning, preparedness, and responding to RMP accidents, and improve public awareness of chemical hazards at regulated sources. To accomplish this, the final rule provisions include several changes and amplifications to the accident prevention program requirements, enhancements to the emergency preparedness requirements, improvements to the public availability of chemical hazard information, and several other changes to certain regulatory definitions or points of clarification. The statutory authority for this action is provided by section 112(r) of the Clean Air Act (CAA) as amended (42 U.S.C. 7412(r)). Each modification of the RMP rule that EPA discusses in this document is based on EPAs rulemaking authority under CAA section 112(r)(7) (42 U.S.C. 7412(r)(7)). . The agencies implementing the RMP rule use RMPs to evaluate compliance with the Chemical Accident Prevention Provisions in Title 40 of the Code of Federal Regulations (CFR) Part 68 and to identify sources for inspection that may pose significant risks to the community. Citizens may use the information to assess and address chemical hazards in their communities and to respond appropriately in the event of a release of a regulated substance.

---

Authorizing Statute(s): US Code: 42 USC 112(r) Name of Law: Clean Air Act (CAA)
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2050-AH22	Final or interim final rulemaking	89 FR 17622	03/11/2024

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

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

IC Title	Form No.	Form Name
Private Sector
State and Local Government

---

ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	63,984	0	0	63,984	0	0
Annual Time Burden (Hours)	1,190,991	0	0	1,190,991	0	0
Annual Cost Burden (Dollars)	12,492,110	0	0	12,492,110	0	0

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

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: This is a new collection.

---

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? No

---

Common Form ICR:  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:

(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: 07/25/2024

---