83 FR 34967 - Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Notification of Data Availability and Extension of Comment Period
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 142 (July 24, 2018)
Federal Register Volume 83, Issue 142 (July 24, 2018)
| Page Range | 34967-34968 | |
| FR Document | 2018-15715 |
[Federal Register Volume 83, Number 142 (Tuesday, July 24, 2018)] [Proposed Rules] [Pages 34967-34968] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15715] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 68 [EPA-HQ-OEM-2015-0725; FRL-9981-07-OLEM] RIN 2050-AG95 Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Notification of Data Availability and Extension of Comment Period AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule; notification of data availability and extension of comment period. ----------------------------------------------------------------------- SUMMARY: EPA is providing notice that it is supplementing the record for the proposed Risk Management Program (RMP) Reconsideration rule published on May 30, 2018. We have placed into the rulemaking docket the November 2017 version of the RMP database containing risk management plans submitted to EPA. EPA used this version to support analysis of changes in the RMP reporting facility universe discussed in the Regulatory Impact Analysis of the proposed Reconsideration rule. To afford the public an opportunity to comment on the updated RMP database and its impacts on the proposed Reconsideration rule, EPA is extending the comment period for the proposed rule. DATES: The comment period for the proposed rule published on May 30, 2018 at 83 FR 24850, is extended. Comments and additional material must be received on or before August 23, 2018. ADDRESSES: Submit comments and additional materials, identified by docket EPA-HQ-OEM-2015-0725 to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: James Belke, United States Environmental Protection Agency, Office of Land and Emergency Management, 1200 Pennsylvania Ave. NW (Mail Code 5104A), Washington, DC 20460; telephone number: (202) 564-8023; email address: belke.jim@epa.gov, or Kathy Franklin, United States Environmental Protection Agency, Office of Land and Emergency Management, 1200 Pennsylvania Ave. NW (Mail Code 5104A), Washington, DC 20460; telephone number: (202) 564-7987; email address: franklin.kathy@epa.gov. SUPPLEMENTARY INFORMATION: Detailed background information describing the proposed RMP Reconsideration rulemaking may be found in a previously published document: Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Proposed Rule (83 FR 24850, May 30, 2018). I. What action is EPA taking? During the week of July 9, 2018 several stakeholders notified EPA that we had failed to provide in the rulemaking docket for the proposed RMP Reconsideration rule (referred to herein as the Reconsideration Proposal) the risk management plan data we used to compare the number of facilities reporting in the February 2015 version of the RMP database to those reporting in the November 2017 version. This analysis of the change in the number of facilities was presented in the Regulatory Impact Analysis (RIA) for the Reconsideration Proposal. Stakeholders requested that EPA supply the risk management plan data used in the RIA that supported the comparison analysis. They also requested that EPA extend the comment period for the Reconsideration Proposal for 60 days to allow the public to access and review the data so that they may have enough time to assess the impacts of the updated data on the proposal and provide comments.\1\ --------------------------------------------------------------------------- \1\ Earthjustice first informed EPA about the failure to place the November 2017 version in the docket in an email dated July 9, 2018. Between July 10th through close of business on July 11th, EPA received requests for a 60 day-extension of the comment period from, or on behalf of, the: Utah Physicians for a Healthy Environment, Ohio Valley Environmental Coalition, the Union of Concerned Scientists, Coming Clean, Air Alliance Houston, Coalition For A Safe Environment, Clean Air Council, Sierra Club, the United Steelworkers, the United Autoworkers, and the States of New York, Illinois, Maine, Massachusetts, Oregon, Rhode Island, and Vermont. --------------------------------------------------------------------------- As a result, in this supplemental action, EPA is providing additional information in the docket for the proposed action. On July 11, 2018, EPA placed into the docket the November 2017 version of the database containing risk management plans submitted by RMP facilities. This database does not contain the restricted offsite consequence analysis (OCA) data. This database (Docket ID: EPA-HQ-OEM-2015-0725- 0989) consists of a digital versatile disc (DVD) containing the RMP database as a 1.4 gigabyte size file in .mdb format. The database file is too large to be provided online through regulations.gov. To view or receive a copy of the DVD, contact the EPA Docket Center, Public Reading Room, as follows: In person/writing: Environmental Protection Agency, Docket Center, 1301 Constitution Ave. NW, 2822T, Room 3334, Washington, DC 20004, telephone: 202-566-1744, fax: 202-566-9744, email: docket-customerservice@epa.gov. EPA will address all comments received on the supplemental data being provided and any comments submitted in response to this action in our final rulemaking action. EPA is extending the comment period for Reconsideration Proposal through August 23, 2018. II. What is the background for this action? On May 30, 2018, EPA proposed a rule (Reconsideration Proposal) that seeks comment on various proposed changes to the final RMP Amendments rule (Amendments rule) issued on [[Page 34968]] January 13, 2017 (82 FR 4594). The comment period for the Reconsideration Proposal was to end on July 30, 2018. The 2017 Amendments rule amended 40 CFR part 68, the chemical accident prevention provisions under section 112(r) of the CAA (42 U.S.C. 7412(r)). The RIA for the Amendments rule utilized a February 2015 version of the RMP database to compile the universe of RMP facilities. The database reflected that approximately 12,500 facilities had filed current risk management plans with EPA and could have been potentially affected by the Amendments final rule. EPA had provided in the rulemaking docket, the non-OCA version of the risk management plan data submitted by facilities as of February 2015. (Docket ID: EPA-HQ-OEM- 2015-0725-0311). For the RIA for the Reconsideration Proposal (Docket ID: EPA-HQ-OEM-2015-0725-0907), EPA compared the February 2015 version of the risk management plan database to the most recent version of the database from November 2017 for the purposes of understanding and comparing how the universe of RMP facilities had changed in the intervening period between developing the Amendments rule RIA and the Reconsideration Proposal RIA. EPA also developed a comparison of the number of RMP facilities by industry sector, by employee size, by RMP program level, by process complexity and by responding/nonresponding status. These counts of RMP facilities are presented in various data tables in Chapter 3 of the Reconsideration Proposal RIA and were extracted from the two versions of the RMP database. The comparison revealed that the number of RMP facilities and processes had experienced minor changes in the more than two years between rulemakings. In total, the number of RMP facilities decreased by 1.8% over the time-period and included small changes in the number of facilities in most industry codes and process levels. As discussed in Chapter 3 of the Reconsideration Proposal RIA, EPA determined that the differences between the databases were minor, with the exception of the number of accidents. As a result, EPA utilized the costs estimated for the 2017 Amendments rule RIA as the baseline set of costs to be impacted by the Reconsideration Proposal. For the Amendments rule, EPA had also provided in the docket as a separate dataset data on accidents occurring at RMP facilities from 2004-2013, as reported in the risk management plan database as of February 2015. This accident data was provided in an Excel spreadsheet file (Docket ID: EPA-HQ-OEM-2015-0725-0002). This ten-year set of accident data was used as the basis of some of the cost estimates discussed in the Amendments rule RIA. EPA provided similar accident data in an Excel spreadsheet in the docket for RMP accidents occurring in 2014-2016 (Docket ID: EPA-HQ-OEM-2015-0725-0909), as a supporting document for the Reconsideration Proposal. EPA developed the latter spreadsheet from the November 2017 version of the database. While the various parties requesting an extension of the comment period asked that EPA extend the period 60 days, we are extending the comment period through August 23, 2018. EPA notes that the November 2017 database was used for limited purposes in the preparation of the Reconsideration Proposal. Primarily, it was used to corroborate that the information from the prior RIA regarding the universe of stationary sources subject to the RMP rule did not change significantly by the time we prepared the RIA for the Reconsideration Proposal. Tables in the Reconsideration Proposal RIA presented the information extracted from the database, so the public could always comment on the information. The major impact was the inability to verify the information from its source. The updated database also was used to confirm that the 2004-2013 trend of declining accident rates over time continued. EPA included in the Reconsideration Proposal docket an Excel spreadsheet on accident data for RMP accidents occurring from 2014-2016 that we derived from the November 2017 database. Because the November 2017 database was used mostly for corroboration, we do not believe there were fundamental data about sources subject to the RMP Rule that could not have been observed in the 2015 database that was already in the docket. We also note that we have docketed the November 2017 RMP database (non-OCA version) as of July 11, 2018 and on July 10, 2018, provided it to the first party to draw our attention to it not being in the docket. In the interest of expeditiously completing the reconsideration process and putting into effect provisions of the Amendments that we intend to retain or modify, we believe closing comments on August 23, 2018 strikes an appropriate balance. Dated: July 18, 2018. Reggie Cheatham, Director, Office of Emergency Management. [FR Doc. 2018-15715 Filed 7-23-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Proposed Rules 34967
IV. Conclusion docket EPA–HQ–OEM–2015–0725 to in the November 2017 version. This
We are interested in the public’s the Federal eRulemaking Portal: http:// analysis of the change in the number of
opinions regarding the matters www.regulations.gov. Follow the online facilities was presented in the
discussed in this concept release. We instructions for submitting comments. Regulatory Impact Analysis (RIA) for the
encourage all interested parties to Once submitted, comments cannot be Reconsideration Proposal. Stakeholders
submit comments on these topics. In edited or removed from Regulations.gov. requested that EPA supply the risk
addition, we solicit comment on any The EPA may publish any comment management plan data used in the RIA
other aspect of Rule 701 and Form received to its public docket. Do not that supported the comparison analysis.
S–8 that commenters believe may be submit electronically any information They also requested that EPA extend the
improved upon. you consider to be Confidential comment period for the Reconsideration
Business Information (CBI) or other Proposal for 60 days to allow the public
By the Commission. information whose disclosure is to access and review the data so that
Dated: July 18, 2018. restricted by statute. Multimedia they may have enough time to assess the
Brent J. Fields, submissions (audio, video, etc.) must be impacts of the updated data on the
Secretary. accompanied by a written comment. proposal and provide comments.1
[FR Doc. 2018–15731 Filed 7–23–18; 8:45 am] The written comment is considered the As a result, in this supplemental
BILLING CODE 8011–01–P official comment and should include action, EPA is providing additional
discussion of all points you wish to information in the docket for the
make. The EPA will generally not proposed action. On July 11, 2018, EPA
ENVIRONMENTAL PROTECTION consider comments or comment placed into the docket the November
AGENCY contents located outside of the primary 2017 version of the database containing
submission (i.e., on the web, cloud, or risk management plans submitted by
40 CFR Part 68 other file sharing system). For RMP facilities. This database does not
additional submission methods, the full contain the restricted offsite
[EPA–HQ–OEM–2015–0725; FRL–9981–07– EPA public comment policy, consequence analysis (OCA) data. This
OLEM]
information about CBI or multimedia database (Docket ID: EPA–HQ–OEM–
RIN 2050–AG95 submissions, and general guidance on 2015–0725–0989) consists of a digital
making effective comments, please visit versatile disc (DVD) containing the RMP
Accidental Release Prevention https://www.epa.gov/dockets/ database as a 1.4 gigabyte size file in
Requirements: Risk Management commenting-epa-dockets. .mdb format. The database file is too
Programs Under the Clean Air Act; FOR FURTHER INFORMATION CONTACT: large to be provided online through
Notification of Data Availability and James Belke, United States regulations.gov. To view or receive a
Extension of Comment Period Environmental Protection Agency, copy of the DVD, contact the EPA
Office of Land and Emergency Docket Center, Public Reading Room, as
AGENCY: Environmental Protection
Management, 1200 Pennsylvania Ave. follows: In person/writing:
Agency (EPA).
NW (Mail Code 5104A), Washington, Environmental Protection Agency,
ACTION: Proposed rule; notification of Docket Center, 1301 Constitution Ave.
DC 20460; telephone number: (202)
data availability and extension of NW, 2822T, Room 3334, Washington,
564–8023; email address: belke.jim@
comment period. DC 20004, telephone: 202–566–1744,
epa.gov, or Kathy Franklin, United
SUMMARY: EPA is providing notice that States Environmental Protection fax: 202–566–9744, email: docket-
it is supplementing the record for the Agency, Office of Land and Emergency customerservice@epa.gov. EPA will
proposed Risk Management Program Management, 1200 Pennsylvania Ave. address all comments received on the
(RMP) Reconsideration rule published NW (Mail Code 5104A), Washington, supplemental data being provided and
on May 30, 2018. We have placed into DC 20460; telephone number: (202) any comments submitted in response to
the rulemaking docket the November 564–7987; email address: this action in our final rulemaking
2017 version of the RMP database franklin.kathy@epa.gov. action. EPA is extending the comment
containing risk management plans SUPPLEMENTARY INFORMATION: Detailed period for Reconsideration Proposal
submitted to EPA. EPA used this background information describing the through August 23, 2018.
version to support analysis of changes proposed RMP Reconsideration II. What is the background for this
in the RMP reporting facility universe rulemaking may be found in a action?
discussed in the Regulatory Impact previously published document:
Accidental Release Prevention On May 30, 2018, EPA proposed a
Analysis of the proposed
Requirements: Risk Management rule (Reconsideration Proposal) that
Reconsideration rule. To afford the
Programs Under the Clean Air Act; seeks comment on various proposed
public an opportunity to comment on
Proposed Rule (83 FR 24850, May 30, changes to the final RMP Amendments
the updated RMP database and its
2018). rule (Amendments rule) issued on
impacts on the proposed
Reconsideration rule, EPA is extending I. What action is EPA taking? 1 Earthjustice first informed EPA about the failure
the comment period for the proposed to place the November 2017 version in the docket
rule. During the week of July 9, 2018 in an email dated July 9, 2018. Between July 10th
several stakeholders notified EPA that
jstallworth on DSKBBY8HB2PROD with PROPOSALS
through close of business on July 11th, EPA
DATES: The comment period for the we had failed to provide in the received requests for a 60 day-extension of the
proposed rule published on May 30, rulemaking docket for the proposed comment period from, or on behalf of, the: Utah
2018 at 83 FR 24850, is extended. Physicians for a Healthy Environment, Ohio Valley
RMP Reconsideration rule (referred to Environmental Coalition, the Union of Concerned
Comments and additional material must herein as the Reconsideration Proposal) Scientists, Coming Clean, Air Alliance Houston,
be received on or before August 23, the risk management plan data we used Coalition For A Safe Environment, Clean Air
2018. to compare the number of facilities Council, Sierra Club, the United Steelworkers, the
United Autoworkers, and the States of New York,
ADDRESSES: Submit comments and reporting in the February 2015 version Illinois, Maine, Massachusetts, Oregon, Rhode
additional materials, identified by of the RMP database to those reporting Island, and Vermont.
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![34968 Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Proposed Rules
January 13, 2017 (82 FR 4594). The spreadsheet file (Docket ID: EPA–HQ– ENVIRONMENTAL PROTECTION
comment period for the Reconsideration OEM–2015–0725–0002). This ten-year AGENCY
Proposal was to end on July 30, 2018. set of accident data was used as the
The 2017 Amendments rule amended basis of some of the cost estimates 40 CFR Part 180
40 CFR part 68, the chemical accident discussed in the Amendments rule RIA.
prevention provisions under section EPA provided similar accident data in [EPA–HQ–OPP–2018–0006; FRL–9980–31]
112(r) of the CAA (42 U.S.C. 7412(r)). an Excel spreadsheet in the docket for
The RIA for the Amendments rule RMP accidents occurring in 2014–2016 Receipt of Several Pesticide Petitions
utilized a February 2015 version of the (Docket ID: EPA–HQ–OEM–2015–0725– Filed for Residues of Pesticide
RMP database to compile the universe 0909), as a supporting document for the Chemicals in or on Various
of RMP facilities. The database reflected Reconsideration Proposal. EPA Commodities
that approximately 12,500 facilities had developed the latter spreadsheet from AGENCY: Environmental Protection
filed current risk management plans the November 2017 version of the Agency (EPA).
with EPA and could have been database.
potentially affected by the Amendments ACTION: Notice of filing of petitions and
While the various parties requesting request for comment.
final rule. EPA had provided in the
an extension of the comment period
rulemaking docket, the non-OCA SUMMARY: This document announces the
asked that EPA extend the period 60
version of the risk management plan Agency’s receipt of several initial filings
days, we are extending the comment
data submitted by facilities as of of pesticide petitions requesting the
period through August 23, 2018. EPA
February 2015. (Docket ID: EPA–HQ–
notes that the November 2017 database establishment or modification of
OEM–2015–0725–0311). For the RIA for
was used for limited purposes in the regulations for residues of pesticide
the Reconsideration Proposal (Docket
preparation of the Reconsideration chemicals in or on various commodities.
ID: EPA–HQ–OEM–2015–0725–0907),
Proposal. Primarily, it was used to DATES: Comments must be received on
EPA compared the February 2015
version of the risk management plan corroborate that the information from or before August 23, 2018.
database to the most recent version of the prior RIA regarding the universe of ADDRESSES: Submit your comments,
the database from November 2017 for stationary sources subject to the RMP identified by docket identification (ID)
the purposes of understanding and rule did not change significantly by the number and the pesticide petition
comparing how the universe of RMP time we prepared the RIA for the number (PP) of interest as shown in the
facilities had changed in the intervening Reconsideration Proposal. Tables in the body of this document, by one of the
period between developing the Reconsideration Proposal RIA presented following methods:
Amendments rule RIA and the the information extracted from the • Federal eRulemaking Portal: http://
Reconsideration Proposal RIA. EPA also database, so the public could always www.regulations.gov. Follow the online
developed a comparison of the number comment on the information. The major instructions for submitting comments.
of RMP facilities by industry sector, by impact was the inability to verify the Do not submit electronically any
employee size, by RMP program level, information from its source. The information you consider to be
by process complexity and by updated database also was used to Confidential Business Information (CBI)
responding/nonresponding status. confirm that the 2004–2013 trend of or other information whose disclosure is
These counts of RMP facilities are declining accident rates over time restricted by statute.
presented in various data tables in continued. EPA included in the • Mail: OPP Docket, Environmental
Chapter 3 of the Reconsideration Reconsideration Proposal docket an Protection Agency Docket Center (EPA/
Proposal RIA and were extracted from Excel spreadsheet on accident data for DC), (28221T), 1200 Pennsylvania Ave.
the two versions of the RMP database. RMP accidents occurring from 2014– NW, Washington, DC 20460–0001.
The comparison revealed that the 2016 that we derived from the • Hand Delivery: To make special
number of RMP facilities and processes November 2017 database. arrangements for hand delivery or
had experienced minor changes in the Because the November 2017 database delivery of boxed information, please
more than two years between was used mostly for corroboration, we follow the instructions at http://
rulemakings. In total, the number of do not believe there were fundamental www.epa.gov/dockets/contacts.html.
RMP facilities decreased by 1.8% over data about sources subject to the RMP Additional instructions on commenting
the time-period and included small Rule that could not have been observed or visiting the docket, along with more
changes in the number of facilities in in the 2015 database that was already in information about dockets generally, is
most industry codes and process levels. the docket. We also note that we have available at http://www.epa.gov/
As discussed in Chapter 3 of the docketed the November 2017 RMP dockets.
Reconsideration Proposal RIA, EPA database (non-OCA version) as of July
FOR FURTHER INFORMATION CONTACT:
determined that the differences between 11, 2018 and on July 10, 2018, provided
the databases were minor, with the Robert McNally, Biopesticides and
it to the first party to draw our attention
exception of the number of accidents. Pollution Prevention Division (BPPD)
to it not being in the docket. In the
As a result, EPA utilized the costs (7511P), main telephone number: (703)
interest of expeditiously completing the
estimated for the 2017 Amendments 305–7090; email address:
reconsideration process and putting into
rule RIA as the baseline set of costs to BPPDFRNotices@epa.gov., Michael
effect provisions of the Amendments
be impacted by the Reconsideration Goodis, Registration Division (RD)
jstallworth on DSKBBY8HB2PROD with PROPOSALS
that we intend to retain or modify, we
Proposal. (7505P), main telephone number: (703)
believe closing comments on August 23,
For the Amendments rule, EPA had 305–7090; email address RDFRNotices@
2018 strikes an appropriate balance.
also provided in the docket as a separate epa.gov. The mailing address for each
Dated: July 18, 2018. contact person is: Office of Pesticide
dataset data on accidents occurring at
RMP facilities from 2004–2013, as Reggie Cheatham, Programs, Environmental Protection
reported in the risk management plan Director, Office of Emergency Management. Agency, 1200 Pennsylvania Ave. NW,
database as of February 2015. This [FR Doc. 2018–15715 Filed 7–23–18; 8:45 am] Washington, DC 20460–0001.
accident data was provided in an Excel BILLING CODE 6560–50–P SUPPLEMENTARY INFORMATION:
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Document Created: 2018-07-24 00:10:35
Document Modified: 2018-07-24 00:10:35
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule; notification of data availability and extension of comment period. | |
| Dates | The comment period for the proposed rule published on May 30, 2018 at 83 FR 24850, is extended. Comments and additional material must be received on or before August 23, 2018. | |
| Contact | James Belke, United States Environmental Protection Agency, Office of Land and Emergency Management, 1200 Pennsylvania Ave. NW (Mail Code 5104A), Washington, DC | |
| FR Citation | 83 FR 34967 | |
| RIN Number | 2050-AG95 |
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