RIN Data

EPA/OLEM RIN: 2050-AG82 Publication ID: Fall 2016 
Title: Modernization of the Accidental Release Prevention Regulations Under Clean Air Act 
Abstract:

The EPA, in response to Executive Order 13650, is amending its Risk Management Program regulations. Such revisions may include several changes to the accident prevention program requirements including an additional analysis of safer technology and alternatives for the process hazard analysis for some Program 3 processes, third-party audits and incident investigation root cause analysis for Program 2 and Program 3 processes, enhancements to the emergency preparedness requirements, increased public availability of chemical hazard information, and several other changes to certain regulatory definitions and data elements submitted in risk management plans. Such amendments are intended to improve chemical process safety, assist local emergency authorities in planning for and responding to accidents, and improve public awareness of chemical hazards at regulated sources.

 
Agency: Environmental Protection Agency(EPA)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda   Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: Private Sector 
EO 13771 Designation:  
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. 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 non-regulatory guidance to address some issues that will 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  03/14/2016  81 FR 13637   
Final Rule  12/00/2016 
Additional Information: Docket #:EPA-HQ-OEM-2015-0725
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: Federal, Local, State, Tribal 
Small Entities Affected: Businesses, Governmental Jurisdictions  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL: https://www.epa.gov/rmp   Public Comment URL: http://www.regulations.gov/docket?D=EPA-HQ-OEM-2015-0725  
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: Yes 
Agency Contact:
Jim Belke
Environmental Protection Agency
Office of Land and Emergency Management
1200 Pennsylvania Avenue NW, Mail Code 5104A,
Washington, DC 20460
Phone:202 564-8023
Email: belke.jim@epa.gov

Kathy Franklin
Environmental Protection Agency
Office of Land and Emergency Management
1200 Pennsylvania Avenue NW, Mail Code 5104A,
Washington, DC 20460
Phone:202 564-7987
Email: franklin.kathy@epa.gov