View Information Collection Request (ICR) Package

OMB Control No: 2050-0216	ICR Reference No: 201906-2050-002
Status: Historical Active	Previous ICR Reference No: 201811-2050-002
Agency/Subagency: EPA/OLEM	Agency Tracking No: 2537.04
Title: Accidental Release Prevention Requirements: Risk Management Program Modernization Under the Clean Air Act (CAA), Section 112(r)(7) (Final Rule)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/09/2019
	Date Received in OIRA: 06/14/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2022	36 Months From Approved
Responses	51,825	0	0
Time Burden (Hours)	1,778,244	0	0
Cost Burden (Dollars)	8,285,600	0	0

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 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 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. 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.

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

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

ICR Summary of Burden

	Total Approved	Change Due to Agency Discretion
Annual Number of Responses	51,825	51,825
Annual Time Burden (Hours)	1,778,244	1,778,244
Annual Cost Burden (Dollars)	8,285,600	8,285,600

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 cost and burden in this 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.

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

Agency Contact: James Belke 202 564-8023 belke.jim@epa.gov

View ICR - OIRA Conclusion