83 FR 36837 - Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 147 (July 31, 2018)

Page Range		36837-36838
FR Document		2018-16372

The Environmental Protection Agency (EPA) issued a proposed rule in the Federal Register on May 30, 2018 to request public comment on several proposed changes to the final Risk Management Program Amendments rule (Amendments rule) issued on January 13, 2017. This document is being issued to correct technical errors in the Regulatory Impact Analysis and the Notification of Data Availability and Extension of Comment Period for the proposed rule.

Federal Register, Volume 83 Issue 147 (Tuesday, July 31, 2018)

[Federal Register Volume 83, Number 147 (Tuesday, July 31, 2018)]
[Proposed Rules]
[Pages 36837-36838]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16372]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 68

[EPA-HQ-OEM-2015-0725; FRL-9981-66-OLEM]
RIN 2050-AG95


Accidental Release Prevention Requirements: Risk Management 
Programs Under the Clean Air Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; notification of data availability and extension 
of comment period; correction.

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SUMMARY: The Environmental Protection Agency (EPA) issued a proposed 
rule in the Federal Register on May 30, 2018 to request public comment 
on several proposed changes to the final Risk Management Program 
Amendments rule (Amendments rule) issued on January 13, 2017. This 
document is being issued to correct technical errors in the Regulatory 
Impact Analysis and the Notification of Data Availability and Extension 
of Comment Period for the proposed rule.

DATES: Comments on the proposed rule (83 FR 24850, May 30, 2018), as 
extended by the Notification of Data Availability and Extension of 
Comment Period (83 FR 34967, July 24, 2018) must be received by 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: 
[email protected], 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: [email protected].

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?

    EPA is correcting incorrect date references to the version of the 
Risk Management Plan (RMP) database used to extract accident history 
information for the years 2014 through 2016. EPA used this accident 
information to update the trend of accidents from RMP facilities 
discussed in the Regulatory Impact Analysis for the proposed 
Reconsideration rule (EPA. Regulatory Impact Analysis, Reconsideration 
of the 2017 Amendments to the Accidental Release Prevention 
Requirements: Risk Management Programs Under the Clean Air Act, Section 
112(r)(7), April 27, 2018). EPA also referred to the 2014-2016 accident 
information in the Accidental Release Prevention Requirements: Risk 
Management Programs Under the Clean Air Act; Notification of Data 
Availability and Extension of Comment Period (83 FR 34967, July 24, 
2018). In both documents, EPA made incorrect references to the date of 
the RMP database version used to extract these accident data. This 
document serves to correct the incorrect date references.

II. What does this correction do?

    This document corrects incorrect date references to the RMP 
database in two locations in the regulatory record for the Accidental 
Release Prevention Requirements: Risk Management Programs Under the 
Clean Air Act; Proposed Rule (83 FR 24850, May 30, 2018). One location 
is on page 33 of the

[[Page 36838]]

Regulatory Impact Analysis (RIA). Page 33 of the RIA discusses the 
availability of annual accident data for 2014-2016, and includes a 
footnote (footnote 32) indicating the source of the accident data. The 
footnote states: ``EPA. April 2018. Risk Management Plan (RMP) Facility 
Accident Data, 2014-2016. USEPA, Office of Emergency Management.'' This 
footnote should read ``EPA. March 2018. Risk Management Plan (RMP) 
Facility Accident Data, 2014-2016. USEPA, Office of Emergency 
Management.''
    The other location is on page 34968 of ``Accidental Release 
Prevention Requirements: Risk Management Programs Under the Clean Air 
Act; Notification of Data Availability and Extension of Comment 
Period,'' 83 FR 34967, 34968 (July 24, 2018), in the SUPPLEMENTARY 
INFORMATION section. Column two of this page also discusses the 2014-
2016 accident data, but incorrectly indicates that EPA developed the 
docketed spreadsheet containing these data from the November 2017 
version of the RMP database. The last sentence of the carryover 
paragraph at the top of column two should read: ``EPA developed the 
latter spreadsheet from the March 2018 version of the database.''
    While the facility count information discussed in the Notification 
of Data Availability was based on the November 2017 version of the RMP 
database, EPA extracted the 2014-2016 accident data from the March 2018 
version of the RMP database, as indicated above. EPA notes that the 
previously docketed 2014-2016 accident spreadsheet contains an 
additional 25 accident records for the 2014-2016 period that were not 
available when the November 2017 version of the database was created. 
By using a later version of the database to extract accident records, 
EPA provided more up-to-date accident information to support the 
regulatory record. However, users who attempt to replicate EPA's 2014-
2016 accident spreadsheet by extracting accident data from the November 
2017 version of the RMP database (which was recently added to the 
rulemaking docket as EPA-HQ-OEM-2015-0725-0989) would not see the 
additional 25 accident records.
    EPA has added a memo to the rulemaking docket dated July 25, 2018, 
with the subject line: Corrections to References to Risk Management 
Plan Accident Information for 2014-2016. This memo explains the 
corrections discussed above and includes a list of the 25 accidents 
that are included in the 2014-2016 spreadsheet but not in the November 
2017 version of the RMP database.

    Dated: July 25, 2018.
Reggie Cheatham,
Director, Office of Emergency Management.
[FR Doc. 2018-16372 Filed 7-30-18; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules 36837

• is certified as not having a ENVIRONMENTAL PROTECTION https://www.epa.gov/dockets/
significant economic impact on a AGENCY commenting-epa-dockets.
substantial number of small entities FOR FURTHER INFORMATION CONTACT:
under the Regulatory Flexibility Act (5 40 CFR Part 68 James Belke, United States
U.S.C. 601 et seq.); Environmental Protection Agency,
[EPA–HQ–OEM–2015–0725; FRL–9981–66–
• does not contain any unfunded OLEM]
Office of Land and Emergency
mandate or significantly or uniquely Management, 1200 Pennsylvania Ave.
affect small governments, as described RIN 2050–AG95 NW (Mail Code 5104A), Washington,
in the Unfunded Mandates Reform Act DC 20460; telephone number: (202)
of 1995 (Pub. L. 104–4); Accidental Release Prevention 564–8023; email address: belke.jim@
Requirements: Risk Management epa.gov, or Kathy Franklin, United
• does not have Federalism Programs Under the Clean Air Act States Environmental Protection
implications as specified in Executive Agency, Office of Land and Emergency
Order 13132 (64 FR 43255, August 10, AGENCY: Environmental Protection Management, 1200 Pennsylvania Ave.
1999); Agency (EPA). NW (Mail Code 5104A), Washington,
• is not an economically significant ACTION: Proposed rule; notification of DC 20460; telephone number: (202)
regulatory action based on health or data availability and extension of 564–7987; email address:
safety risks subject to Executive Order comment period; correction. franklin.kathy@epa.gov.
13045 (62 FR 19885, April 23, 1997); SUPPLEMENTARY INFORMATION: Detailed
SUMMARY: The Environmental Protection
• is not a significant regulatory action Agency (EPA) issued a proposed rule in background information describing the
the Federal Register on May 30, 2018 to proposed RMP Reconsideration
subject to Executive Order 13211 (66 FR
request public comment on several rulemaking may be found in a
28355, May 22, 2001);
proposed changes to the final Risk previously published document:
• is not subject to requirements of Accidental Release Prevention
Management Program Amendments rule
Section 12(d) of the National Requirements: Risk Management
(Amendments rule) issued on January
Technology Transfer and Advancement Programs Under the Clean Air Act;
13, 2017. This document is being issued
Act of 1995 (15 U.S.C. 272 note) because to correct technical errors in the Proposed Rule (83 FR 24850, May 30,
this action does not involve technical Regulatory Impact Analysis and the 2018).
standards; and Notification of Data Availability and I. What action is EPA taking?
• does not provide the EPA with the Extension of Comment Period for the
EPA is correcting incorrect date
discretionary authority to address, as proposed rule.
references to the version of the Risk
appropriate, disproportionate human DATES: Comments on the proposed rule Management Plan (RMP) database used
health or environmental effects, using (83 FR 24850, May 30, 2018), as to extract accident history information
practicable and legally permissible extended by the Notification of Data for the years 2014 through 2016. EPA
methods, under Executive Order 12898 Availability and Extension of Comment used this accident information to update
(59 FR 7629, February 16, 1994). Period (83 FR 34967, July 24, 2018) the trend of accidents from RMP
The SIP is not approved to apply on must be received by August 23, 2018. facilities discussed in the Regulatory
any Indian reservation land or in any ADDRESSES: Submit comments and Impact Analysis for the proposed
other area where the EPA or an Indian additional materials, identified by Reconsideration rule (EPA. Regulatory
tribe has demonstrated that a tribe has docket EPA–HQ–OEM–2015–0725 to Impact Analysis, Reconsideration of the
jurisdiction. In those areas of Indian the Federal eRulemaking Portal: http:// 2017 Amendments to the Accidental
country, the rule does not have tribal www.regulations.gov. Follow the online Release Prevention Requirements: Risk
implications as specified by Executive instructions for submitting comments. Management Programs Under the Clean
Order 13175 (65 FR 67249, November 9, Once submitted, comments cannot be Air Act, Section 112(r)(7), April 27,
edited or removed from Regulations.gov. 2018). EPA also referred to the 2014–
2000), nor will it impose substantial
The EPA may publish any comment 2016 accident information in the
direct costs on tribal governments or
received to its public docket. Do not Accidental Release Prevention
preempt tribal law.
submit electronically any information Requirements: Risk Management
List of Subjects in 40 CFR Part 52 you consider to be Confidential Programs Under the Clean Air Act;
Business Information (CBI) or other Notification of Data Availability and
Environmental protection, Air information whose disclosure is Extension of Comment Period (83 FR
pollution control, Incorporation by restricted by statute. Multimedia 34967, July 24, 2018). In both
reference, Intergovernmental relations, submissions (audio, video, etc.) must be documents, EPA made incorrect
Lead, Nitrogen dioxide, Ozone, accompanied by a written comment. references to the date of the RMP
Particulate matter, Reporting and The written comment is considered the database version used to extract these
recordkeeping requirements, Sulfur official comment and should include accident data. This document serves to
oxides, Volatile organic compounds. discussion of all points you wish to correct the incorrect date references.
Authority: 42 U.S.C. 7401 et seq.
make. The EPA will generally not
consider comments or comment II. What does this correction do?
daltland on DSKBBV9HB2PROD with PROPOSALS

Dated: July 23, 2018. contents located outside of the primary This document corrects incorrect date
Chris Hladick, submission (i.e., on the web, cloud, or references to the RMP database in two
Regional Administrator, Region 10. other file sharing system). For locations in the regulatory record for the
[FR Doc. 2018–16371 Filed 7–30–18; 8:45 am] additional submission methods, the full Accidental Release Prevention
EPA public comment policy, Requirements: Risk Management
BILLING CODE 6560–50–P
information about CBI or multimedia Programs Under the Clean Air Act;
submissions, and general guidance on Proposed Rule (83 FR 24850, May 30,
making effective comments, please visit 2018). One location is on page 33 of the

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36838 Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules

Regulatory Impact Analysis (RIA). Page November 2017 version of the RMP any comment received to its public
33 of the RIA discusses the availability database. docket. Do not submit electronically any
of annual accident data for 2014–2016, Dated: July 25, 2018. information you consider to be
and includes a footnote (footnote 32) Reggie Cheatham,
Confidential Business Information (CBI)
indicating the source of the accident or other information whose disclosure is
Director, Office of Emergency Management.
data. The footnote states: ‘‘EPA. April restricted by statute. Multimedia
[FR Doc. 2018–16372 Filed 7–30–18; 8:45 am]
2018. Risk Management Plan (RMP) submissions (audio, video, etc.) must be
Facility Accident Data, 2014–2016. BILLING CODE 6560–50–P accompanied by a written comment.
USEPA, Office of Emergency The written comment is considered the
Management.’’ This footnote should official comment and should include
ENVIRONMENTAL PROTECTION
read ‘‘EPA. March 2018. Risk discussion of all points you wish to
AGENCY
Management Plan (RMP) Facility make. The EPA will generally not
Accident Data, 2014–2016. USEPA, 40 CFR Part 300 consider comments or comment
Office of Emergency Management.’’ contents located outside of the primary
The other location is on page 34968 [EPA–HQ–SFUND–1983–0002; FRL–9981– submission (i.e. on the web, cloud, or
of ‘‘Accidental Release Prevention 39—Region 6] other file sharing system). For
Requirements: Risk Management additional submission methods, the full
National Oil and Hazardous
Programs Under the Clean Air Act; EPA public comment policy,
Substances Pollution Contingency
Notification of Data Availability and information about CBI or multimedia
Plan; National Priorities List: Partial
Extension of Comment Period,’’ 83 FR submissions, and general guidance on
Deletion of the South Valley Superfund
34967, 34968 (July 24, 2018), in the making effective comments, please visit
Site
SUPPLEMENTARY INFORMATION section. http://www2.epa.gov/dockets/
Column two of this page also discusses AGENCY: Environmental Protection commenting-epa-dockets.
the 2014–2016 accident data, but Agency (EPA). • Email: hebert.michael@epa.gov.
incorrectly indicates that EPA ACTION: Proposed rule; notice of intent. • Mail: Michael A. Hebert, Remedial
developed the docketed spreadsheet Project Manager, EPA Region 6, Mail
containing these data from the SUMMARY: The Environmental Protection Code—6SF–RL, 1445 Ross Avenue,
November 2017 version of the RMP Agency (EPA) Region 6 is issuing a Dallas, Texas 75202–2733.
database. The last sentence of the Notice of Intent to Delete Operable • Hand delivery:
carryover paragraph at the top of Units 1, 2, and 5 of the South Valley Æ Michael A. Hebert, Remedial Project
column two should read: ‘‘EPA Superfund Site (Site) located in Manager, EPA Region 6, Mail Code—
developed the latter spreadsheet from Albuquerque, New Mexico, from the 6SF–RL, 7th Floor Reception Area,
the March 2018 version of the National Priorities List (NPL) and 1445 Ross Avenue, Dallas, Texas
database.’’ requests public comments on this 75202–2733.
While the facility count information proposed action. The NPL, promulgated Æ Such deliveries are only accepted
discussed in the Notification of Data pursuant to section 105 of the during the Docket’s normal hours of
Availability was based on the November Comprehensive Environmental operation (Monday through Friday, 7
2017 version of the RMP database, EPA Response, Compensation, and Liability a.m. to 4 p.m.) and special
extracted the 2014–2016 accident data Act (CERCLA) of 1980, as amended, is arrangements should be made for
from the March 2018 version of the RMP an appendix of the National Oil and deliveries of boxed information.
database, as indicated above. EPA notes Hazardous Substances Pollution Instructions: Direct your comments to
that the previously docketed 2014–2016 Contingency Plan (NCP). The EPA and Docket ID no. EPA–HQ–SFUND–1983–
accident spreadsheet contains an the State of New Mexico, through the 0002. The http://www.regulations.gov
additional 25 accident records for the New Mexico Environment Department, website is an ‘‘anonymous access’’
2014–2016 period that were not have determined that all appropriate system, which means EPA will not
available when the November 2017 response actions at these identified know your identity or contact
version of the database was created. By parcels under CERCLA have been information unless you provide it in the
using a later version of the database to completed, other than five-year reviews body of your comment. If you send an
extract accident records, EPA provided and operation and maintenance email comment directly to EPA without
more up-to-date accident information to activities. However, this deletion does going through http://
support the regulatory record. However, not preclude future actions under www.regulations.gov, your email
users who attempt to replicate EPA’s Superfund. This partial deletion address will be automatically captured
2014–2016 accident spreadsheet by pertains to Operable Units 1, 2, and 5. and included as part of the comment
extracting accident data from the The remaining Operable Units 3, 4, and that is placed in the public docket and
November 2017 version of the RMP 6 will remain on the NPL and are not made available on the internet. If you
database (which was recently added to being considered for deletion as part of submit an electronic comment, EPA
the rulemaking docket as EPA–HQ– this action. recommends that you include your
OEM–2015–0725–0989) would not see DATES: Comments must be received by name and other contact information in
the additional 25 accident records. August 30, 2018. the body of your comment and with any
EPA has added a memo to the ADDRESSES: Submit your comments, disk or CD–ROM you submit. If EPA
daltland on DSKBBV9HB2PROD with PROPOSALS

rulemaking docket dated July 25, 2018, identified by Docket ID no. EPA–HQ– cannot read your comment due to
with the subject line: Corrections to SFUND–1983–0002, by one of the technical difficulties and cannot contact
References to Risk Management Plan following methods: you for clarification, EPA may not be
Accident Information for 2014–2016. • http://www.regulations.gov . Follow able to consider your comment.
This memo explains the corrections the online instructions for submitting Electronic files should avoid the use of
discussed above and includes a list of comments. Once submitted, comments special characters, any form of
the 25 accidents that are included in the cannot be edited or removed from encryption, and be free of any defects or
2014–2016 spreadsheet but not in the Regulations.gov. The EPA may publish viruses.

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Document Created: 2018-11-06 10:30:02
Document Modified: 2018-11-06 10:30:02

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; correction.
Dates		Comments on the proposed rule (83 FR 24850, May 30, 2018), as extended by the Notification of Data Availability and Extension of Comment Period (83 FR 34967, July 24, 2018) must be received by 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 36837
RIN Number		2050-AG95