Accidental Release Prevention Requirements: Risk Management Program Modernization Under the Clean Air Act (Final Reconsideration Rule)

Forms and Documents

Document Name	Status
2537ss06.docx Supporting Statement A	2019-12-19

IC Document Collections

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

ICR Details

OMB Control No: 2050-0216	ICR Reference No: 201912-2050-001
Status: Active	Previous ICR Reference No: 201911-2050-001
Agency/Subagency: EPA/OLEM	Agency Tracking No: 2537.06
Title: Accidental Release Prevention Requirements: Risk Management Program Modernization Under the Clean Air Act (Final Reconsideration Rule)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 02/25/2020
	Date Received in OIRA: 01/06/2020
Terms of Clearance: The agency is required, per 1320.5(a)(1)(iii) (G) to provide a copy of the statute that covers the statutory authority to collect and the final regulation from the FR publication. In addition, the agency is required per 1320.10(a) to submit the ICR package to OMB on the day of publication in the FR. Upon re-submission, the agency is required to submit a copy of the statute, a copy of the CFR that covers the regulation, copies of the 60 and 30-day Federal Register notices soliciting public comment on the burden, and submit the ICR package to OMB for review on the day of publication for the 30-day public comment period.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2022	09/30/2022	09/30/2022
Responses	19,410	0	51,825
Time Burden (Hours)	707,084	0	1,778,244
Cost Burden (Dollars)	25,850	0	8,285,600

---

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 ICR (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. On January 13, 2017 (82 FR 4594), EPA published in the Federal Register the Risk Management Program Amendments rule (Amendments rule). The Amendments rule added several requirements to the RMP rule, including several requirements that would impose information collection burdens on regulated entities. EPA is now finalizing a rule that reconsiders the Amendments rule, including retaining, retaining with modification, or rescinding provisions from the Amendments rule (Reconsideration rule). This ICR addresses the following Amendments rule information collection requirements impacted by the Reconsideration rule: rescinds Amendments rule requirement to make certain information related to the risk management program available to the public upon request; modifies the Amendments rule requirement to hold a public meeting within 90 days of an accident subject to reporting under § 68.42; rescinds Amendments rule requirement to hire a third party to conduct the compliance audit after an RMP reportable accident or after an implementing agency determines that conditions at the stationary source could lead to an accidental release of a regulated substance or identifies problems with the prior third-party audit; rescinds Amendments rule requirement to conduct and document a root cause analysis after an RMP reportable accident or a near miss; rescinds Amendments rule requirement to conduct and document a safer technology and alternatives analysis (STAA) for a subset of Program 3 facilities in North American Industrial Classification System (NAICS) codes 322 (paper manufacturing), 324 (petroleum and coal products manufacturing), and 325 (chemical manufacturing); modifies Amendments rule requirement to meet and coordinate with local responders annually to exchange emergency response planning information; modifies Amendments rule requirement for certain facilities to conduct and document emergency response exercises.

---

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

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2050-AG95	Final or interim final rulemaking	84 FR 69834	12/19/2019

---

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
Risk Management Program Requirements and Petitions - Private Sector
Risk Management Program Reconsideration Requirements - State and Local Government Agencies

---

ICR Summary of Burden

	Total Approved	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	19,410	51,825	0	-32,415	0	0
Annual Time Burden (Hours)	707,084	1,778,244	0	-1,071,160	0	0
Annual Cost Burden (Dollars)	25,850	8,285,600	0	-8,259,750	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: 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 revisions to an existing rule codified in 40 CFR Part 68. The final rule changes reduced burden by rescinding requirements for information availability, third party audits, safer technologies and alternatives analysis, and root cause analysis, and by modifying requirements for public meetings.

---

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

---

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: 01/06/2020

---