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EPA/SWER RIN: 2050-AG82 Publication ID: Fall 2015 
Title: Modernization of the Accidental Release Prevention Regulations Under Clean Air Act 
Abstract:

In response to Executive Order 13650, the EPA is considering potential revisions to its Risk Management Program regulations and related programs. The Agency may consider the addition of new accident prevention or emergency response program elements, and/or changes to existing elements, and/or other changes to the existing regulatory provisions.

 
Agency: Environmental Protection Agency(EPA)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Yes  Unfunded Mandates: Undetermined 
CFR Citation: 40 CFR 68   
Legal Authority: 42 U.S.C. 7412(r)   
Legal Deadline:  None

Statement of Need:

In response to Executive Order 13650, the EPA is considering potential revisions to its Risk Management Program regulations. The Executive Order establishes the Chemical Facility Safety and Security Working Group ("Working Group"), co-chaired by the Secretary of Homeland Security, the Administrator of the EPA, and the Secretary of Labor or their designated representatives at the Assistant Secretary level or higher, and composed of senior representatives of other federal departments, agencies, and offices. The Executive Order requires the Working Group to carry out a number of tasks whose overall goal is to prevent chemical accidents, such as the explosion that occurred at the West Fertilizer facility in West, Texas, on April 17, 2013, which killed 15 people, injured many others, and did extensive damage to the town. Section 6(a)(i) of the Executive Order requires the Working Group to develop options for improved chemical facility safety and security that identify "improvements to existing risk management practices through agency programs, private sector initiatives, Government guidance, outreach, standards, and regulations.' Section 6(c) of Executive Order 13650 requires the Administrator of the EPA to review the RMP Program (RMP).

Summary of the Legal Basis:

Clean Air Act Section 112(r)(7) authorizes the EPA Administrator to promulgate regulations to prevent accidental releases. Section 112(r)(7)(A) authorizes release prevention, detection, and correction requirements that may include a broad range of methods, make distinctions among classes and types of facilities, and may take into consideration other factors, including, but not limited to, size, location, process and substance factors, and response capabilities. Section 112(r)(7)(B) authorizes reasonable regulations and appropriate guidance to provide, to the greatest extent practicable, for the prevention and detection of accidental releases of regulated substances and for response to such releases by the owners or operators of the sources of such releases.

Alternatives:

The EPA is considering revisions to the accident prevention, emergency response, recordkeeping, and other provisions in 40 CFR part 68 to address chemical accident risks. The proposed action will contain the EPA's preferred option, as well as alternative regulatory options. The EPA also is considering publishing guidance to address some issues that may be raised in the proposed action.

Anticipated Costs and Benefits:

Costs will include the burden on regulated entities associated with implementing new or revised requirements, including program implementation, training, equipment purchases, and recordkeeping, as applicable. Some costs will also accrue to implementing agencies and local governments, due to enhanced local coordination and recordkeeping requirements. Benefits will result from avoiding the harmful accident consequences to communities and the environment, such as deaths, injuries, and property damage, environmental damage, and from mitigating the effects of releases that may occur.

Risks:

The proposed action will address the risks associated with accidental releases of listed regulated toxic and flammable substances to the air from stationary sources. Substances regulated under the RMP program include highly toxic and flammable substances that can cause deaths, injuries, property and environmental damage, and other on- and off-site consequences if accidentally released. The proposed action will reduce these risks by making accidental releases less likely, and by mitigating the severity of releases that may occur. The proposed action would not address the risks of non-accidental chemical releases, accidental releases of non-regulated substances, chemicals released to other media, and air releases from mobile sources.

Timetable:
Action Date FR Cite
NPRM  11/00/2015 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Federal, Local, State, Tribal 
Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL: http://www2.epa.gov/rmp  
Sectors Affected: 11511 Support Activities for Crop Production; 211112 Natural Gas Liquid Extraction; 221112 Fossil Fuel Electric Power Generation; 22131 Water Supply and Irrigation Systems; 22132 Sewage Treatment Facilities; 311 Food Manufacturing; 311411 Frozen Fruit, Juice, and Vegetable Manufacturing; 311511 Fluid Milk Manufacturing; 31152 Ice Cream and Frozen Dessert Manufacturing; 311612 Meat Processed from Carcasses; 311615 Poultry Processing; 322 Paper Manufacturing; 32411 Petroleum Refineries; 325 Chemical Manufacturing; 32519 Other Basic Organic Chemical Manufacturing; 42469 Other Chemical and Allied Products Merchant Wholesalers; 42471 Petroleum Bulk Stations and Terminals; 42491 Farm Supplies Merchant Wholesalers; 49311 General Warehousing and Storage; 49312 Refrigerated Warehousing and Storage; 49313 Farm Product Warehousing and Storage; 49319 Other Warehousing and Storage 
RIN Data Printed in the FR: No 
Agency Contact:
Jim Belke
Environmental Protection Agency
Solid Waste and Emergency Response
5104A, 1200 Pennsylvania Avenue NW.,
Washington, DC 20460
Phone:202 564-8023
Fax:202 564-8444
Email: belke.jim@epa.gov

Kathy Franklin
Environmental Protection Agency
Solid Waste and Emergency Response
5104A, 1200 Pennsylvania Avenue NW.,
Washington, DC 20460
Phone:202 564-7987
Fax:202 564-2625
Email: franklin.kathy@epa.gov

 
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