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EPA/OLEM RIN: 2050-AG95 Publication ID: Fall 2019 
Title: Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act: Reconsideration of Amendments 
Abstract:

The Environmental Protection Agency (EPA) published in the Federal Register on January 13, 2017, a final rule to amend the Risk Management Program regulations under the Clean Air Act. Prior to the rule becoming effective, the EPA received three petitions for reconsideration that raised concerns with provisions of the final rule. On May 30, 2018, the EPA published proposed changes to the final rule to address specific issues being reconsidered and other issues that the Agency believes warrant additional public comment.

 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Deregulatory 
CFR Citation: 40 CFR 68   
Legal Authority: 42 U.S.C. 7412(r)   
Legal Deadline:  None

Statement of Need:

The Risk Management Program (RMP) Amendments final rule was published on January 13, 2017 (82 FR 4594). Petitioners raised concerns with the RMP Amendments rule, including high costs, potential inconsistencies with OSHA regulations, and information security concerns associated with certain provisions within the Amendments final rule. In response to the petitions, the EPA published a notice of proposed rulemaking to reconsider the RMP Amendments on May 30, 2018 (83 FR 24850).

Summary of the Legal Basis:

Clean Air Act Section 112(r)(7)(B) requires the EPA Administrator to promulgate 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 preparing final revisions to the RMP Amendments rule (82 FR 4594, January 13, 2017). The proposed RMP Reconsideration rule (83 FR 24850, May 30, 2018), contained proposed and alternative options to revise the accident prevention, emergency response, information availability, recordkeeping, and other provisions of the Amendments rule.

Anticipated Costs and Benefits:

The proposed RMP Reconsideration rule is deregulatory, with estimated cost savings of approximately $88 million per year (in 2015 dollars). Depending on the EPA's final rule action, some Amendments rule costs to regulated facilities, implementing agencies and local governments could be avoided. The final rule could produce additional security benefits associated with avoiding potential security incidents that could be caused by disclosure of sensitive information.

Risks:

The final rule action could reduce potential security risks associated with disclosure of sensitive information under Amendments rule provisions. The EPA is unable to associate the magnitude of risk increases or risk reductions with the removal of specific Amendments rule provisions, or to relate those risks and risk reductions to other efforts within the EPA's jurisdiction.

Timetable:
Action Date FR Cite
NPRM  05/30/2018  83 FR 24850   
Notice  07/24/2018  83 FR 34967   
Correction  07/31/2018  83 FR 36837   
Final Rule  11/00/2019 
Additional Information: Docket #:EPA-HQ-OEM-2015-0725
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Local, State, Tribal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL: https://www.epa.gov/rmp   Public Comment URL: https://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: No 
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

William Noggle
Environmental Protection Agency
Office of Land and Emergency Management
5304P,
Washington, DC 20460
Phone:703 347-8769
Fax:703 308-0514
Email: noggle.william@epa.gov