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
2537ss03.docx Supporting Statement A	2018-11-05

IC Document Collections

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

ICR Details

OMB Control No: 2050-0216	ICR Reference No: 201811-2050-002
Status: Historical Inactive	Previous ICR Reference No: 201602-2050-003
Agency/Subagency: EPA/OLEM	Agency Tracking No: 2537.03
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: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 11/06/2018
OIRA Conclusion Action: Improperly submitted	Conclusion Date: 11/06/2018
	Date Received in OIRA: 11/05/2018
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		6 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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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 source’s 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 source’s 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.

Emergency Justfication: 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: •accident prevention program elements; •emergency preparedness requirements; and •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.

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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-AG82	Final or interim final rulemaking	82 FR 4594	01/13/2017

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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
State and Local Implementing Agencies

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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: 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.

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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: 11/05/2018

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