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

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.

The latest form for Accidental Release Prevention Requirements: Risk Management Program Modernization Under the Clean Air Act (Final Reconsideration Rule) expires 2022-09-30 and can be found here.

Risk Management Program Requirements and Petitions - Private Sector

Federal Enterprise Architecture: Environmental Management - Pollution Prevention and Control