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)

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, 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