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EPA/SWER | RIN: 2050-AE95 | Publication ID: Fall 2010 |
Title: Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Availability of Information to the Public; Technical Amendment | |
Abstract: Section 112(r)(7) of the Clean Air Act (CAA) and its implementing regulations at 40 CFR part 68 require certain stationary sources to report an Off-site Consequence Analysis (OCA), including a worst-case release scenario, in a Risk Management Plan (RMP) that is to be made available to the public. In response to concerns that posting OCA information on the Internet might increase the risk of terrorist and other criminal activities, on August 5, 1999, the Chemical Safety Information, Site Security and Fuels Regulatory Relief Act (CSISSFRRA) was enacted. The Act requires the President to promulgate regulations governing the distribution of the OCA sections of RMPs that, in the opinion of the President, would minimize the likelihood of accidental releases and the risk of terrorist and other criminal activities associated with posting this information. The President delegated his rulemaking authority to the Attorney General and the Administrator of EPA, who jointly promulgated the required regulations at 40 CFR part 1400 in August 2000. Since the part 1400 regulations restrict the public's access to the OCA sections of RMPs in certain ways, the Agency has decided to withdraw an effort to revise 40 CFR part 68 to reflect the August 2000 rulemaking. | |
Agency: Environmental Protection Agency(EPA) | Priority: Info./Admin./Other |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Completed Actions |
Major: No | Unfunded Mandates: No |
CFR Citation: 40 CFR 68.210 | |
Legal Authority: 42 USC 7412(r) |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Sicy Jacob Environmental Protection Agency Solid Waste and Emergency Response 1200 Pennsylvania Avenue NW, Mail Code 5104A, Washington, DC 20460 Phone:202 564-8019 Fax:202 564-2625 Email: jacob.sicy@epa.gov |