83 FR 62268 - Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 232 (December 3, 2018)

Page Range		62268-62269
FR Document		2018-26224

The Environmental Protection Agency (EPA) is announcing that the amendments to the Risk Management Program under the Clean Air Act put forward in a final rule published in the Federal Register on January 13, 2017 are in effect.

Federal Register, Volume 83 Issue 232 (Monday, December 3, 2018)

[Federal Register Volume 83, Number 232 (Monday, December 3, 2018)]
[Rules and Regulations]
[Pages 62268-62269]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26224]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 68

[EPA-HQ-OEM-2015-0725; FRL-9987-23-OLEM]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; announcement of effective date.

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SUMMARY: The Environmental Protection Agency (EPA) is announcing that 
the amendments to the Risk Management Program under the Clean Air Act 
put forward in a final rule published in the Federal Register on 
January 13, 2017 are in effect.

DATES: The rule amending 40 CFR part 68, published at 82 FR 4594 
(January 13, 2017) and delayed at 82 FR 8499 (January 26, 2017), 82 FR 
13968 (March

[[Page 62269]]

16, 2017), and 82 FR 27133 (June 14, 2017), is effective December 3, 
2018.

ADDRESSES: The EPA established a docket for the ``Accidental Release 
Prevention Requirements: Risk Management Programs Under the Clean Air 
Act'' under Docket ID No. EPA-HQ-OEM-2015-0725, which includes this 
announcement. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available electronically through https://www.regulations.gov.

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: On January 13, 2017, EPA finalized 
amendments to the Accidental Release Prevention Requirements for Risk 
Management Programs under the Clean Air Act, Section 112(r)(7) (RMP 
Amendments rule; 82 FR 4594). On January 26, 2017, the EPA published an 
action in the Federal Register that initially delayed the effective 
date of the RMP Amendments rule for a short period of time (82 FR 
8499). The EPA further delayed the effective date of the RMP Amendments 
rule through additional EPA actions published in the Federal Register 
on March 16, 2017 and June 14, 2017 (82 FR 13968 and 82 FR 27133, 
respectively). On August 17, 2018, the U.S. Court of Appeals for the 
District of Columbia Circuit issued its decision vacating the June 14, 
2017 rule (82 FR 27133) that had delayed the effective date of the RMP 
Amendments rule until February 19, 2019. On September 21, 2018, the 
Court issued its mandate which makes the RMP Amendments rule now 
effective.
    Section 553(b)(3)(B) of the Administrative Procedure Act, 5 U.S.C. 
553(b)(3)(B), provides that, when an agency for good cause finds that 
public notice and comment procedures are impracticable, unnecessary, or 
contrary to the public interest, the agency may issue a rule without 
providing notice and an opportunity for public comment. The EPA has 
determined that there is good cause for making this rule announcing the 
effectiveness of the RMP Amendments rule final without prior proposal 
and opportunity for comment because such notice and opportunity for 
comment is unnecessary.
    Specifically, updating the Code of Federal Regulations (CFR) to 
reflect the requirements of the RMP Amendments rule is a ministerial 
act. The Court specifically identified as vacated the June 14, 2017 
rule that had delayed the effectiveness of the RMP Amendments rule 
until February 19, 2019. The rule published today simply implements the 
decision of the Court. Since EPA lacks discretion to do otherwise, it 
would serve no useful purpose to provide an opportunity for public 
comment on this issue. The requirements of CAA section 307(d), 
including the requirement for public comment and a hearing on proposed 
rulemakings, do not apply to this action because 5 U.S.C. 553(b)(3)(B) 
applies.
    Moreover, the agency finds that the considerations outlined above 
to support issuance of this rule without prior notice and comment also 
provide good cause for making this action effective immediately under 
section 553(d) of the Administrative Procedure Act (APA), 5 U.S.C. 
553(d). Section 553(d) provides in pertinent part that final rules 
shall not become effective until 30 days after publication in the 
Federal Register, ``except . . . as otherwise provided by the agency 
for good cause.'' The purpose of section 553(d) of the APA is to ``give 
affected parties a reasonable time to adjust their behavior before the 
final rule takes effect.'' Omnipoint Corp. v. FCC, 78 F.3d 620, 630 (DC 
Cir. 1996); see also United States v. Gavrilovic, 551 F.2d 1099, 1104 
(8th Cir. 1977) (quoting legislative history). In determining whether 
good cause exists to waive the 30-day effective date under the APA, an 
agency should ``balance the necessity for immediate implementation 
against principles of fundamental fairness which require that all 
affected persons be afforded a reasonable amount of time to prepare for 
the effective date of its ruling.'' Gavrilovic, 551 F.2d at 1105. Here, 
the decision of the Court vacating the Delay Rule and the issuance of 
the mandate have taken the issue of timing out of EPA's control. As 
noted above, we are simply implementing the Court's mandate by 
undertaking the ministerial act necessary to update the Code of Federal 
Regulations. Accordingly, this rule will take effect upon publication 
in the Federal Register. 5 U.S.C. 553(d).

    Dated: November 21, 2018.
Andrew R. Wheeler,
Acting Administrator.

0
Accordingly, the rule amending 40 CFR part 68, published at 82 FR 4594 
(January 13, 2017), and delayed at 82 FR 8499 (January 26, 2017), 82 FR 
13968 (March 16, 2017), and 82 FR 27133 (June 14, 2017), is effective 
December 3, 2018.

[FR Doc. 2018-26224 Filed 11-30-18; 8:45 am]
 BILLING CODE 6560-50-P

62268 Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations

provided that they meet the criteria of Act of 1995 (15 U.S.C. 272 note) because Court of Appeals for the appropriate
the CAA. Accordingly, this action application of those requirements would circuit by February 1, 2019. Filing a
merely approves state law as meeting be inconsistent with the CAA; and petition for reconsideration by the
federal requirements and does not • Does not provide EPA with the Administrator of this final rule does not
impose additional requirements beyond discretionary authority to address, as affect the finality of this action for the
those imposed by state law. For that appropriate, disproportionate human purposes of judicial review nor does it
reason, this action: health or environmental effects, using extend the time within which a petition
• Is not a ‘‘significant regulatory practicable and legally permissible for judicial review may be filed, and
action’’ subject to review by the Office methods, under Executive Order 12898 shall not postpone the effectiveness of
of Management and Budget under (59 FR 7629, February 16, 1994). such rule or action. This action may not
Executive Orders 12866 (58 FR 51735, In addition, the SIP is not approved to be challenged later in proceedings to
October 4, 1993) and 13563 (76 FR 3821, apply on any Indian reservation land or enforce its requirements. See section
January 21, 2011); in any other area where the EPA or an 307(b)(2).
• Is not an Executive Order 13771 (82 Indian tribe has demonstrated that a
List of Subjects in 40 CFR Part 52
FR 9339, February 2, 2017) regulatory tribe has jurisdiction. In those areas of
action because SIP approvals are Indian country, the rule does not have Environmental protection, Air
exempted under Executive Order 12866; tribal implications and will not impose pollution control, Incorporation by
• Does not impose an information substantial direct costs on tribal reference, Intergovernmental relations,
collection burden under the provisions governments or preempt tribal law as Nitrogen oxides, Particulate matter,
of the Paperwork Reduction Act (44 specified by Executive Order 13175 (65 Reporting and recordkeeping
U.S.C. 3501 et seq.); FR 67249, November 9, 2000). requirements, Sulfur dioxide, Volatile
• Is certified as not having a The Congressional Review Act, 5 organic compounds.
significant economic impact on a U.S.C. 801 et seq., as added by the Small
substantial number of small entities Business Regulatory Enforcement Douglas Benevento,
under the Regulatory Flexibility Act (5 Fairness Act of 1996, generally provides Regional Administrator, Region 8.
U.S.C. 601 et seq.); that before a rule may take effect, the 40 CFR part 52 is amended as follows:
• Does not contain any unfunded agency promulgating the rule must
mandate or significantly or uniquely submit a rule report, which includes a PART 52—APPROVAL AND
affect small governments, described in copy of the rule, to each House of the PROMULGATION OF
the Unfunded Mandates Reform Act of Congress and to the Comptroller General IMPLEMENTATION PLANS
1995 (Pub. L. 104–4); of the United States. The EPA will
• Does not have federalism submit a report containing this action ■ 1. The authority citation for part 52
implications as specified in Executive and other required information to the continues to read as follows:
Order 13132 (64 FR 43255, August 10, U.S. Senate, the U.S. House of Authority: 42 U.S.C. 7401 et seq.
1999); Representatives, and the Comptroller
• Is not an economically significant General of the United States prior to Subpart QQ—South Dakota
regulatory action based on health or publication of the rule in the Federal
safety risks subject to Executive Order Register. A major rule cannot take effect ■ 2. Section 52.2170(e) is amended by
13045 (62 FR 19885, April 23, 1997); until 60 days after it is published in the adding a new entry for XXIII. Regional
• Is not a significant regulatory action Federal Register. This action is not a Haze 5-Year Progress Report in
subject to Executive Order 13211 (66 FR ‘‘major rule’’ as defined by 5 U.S.C. numerical order to read as follows:
28355, May 22, 2001); 804(2).
• Is not subject to requirements of Under section 307(b)(1) of the CAA, § 52.2170 Identification of plan.
section 12(d) of the National petitions for judicial review of this * * * * *
Technology Transfer and Advancement action must be filed in the United States (e) * * *

EPA effective
Rule title State effective date Final rule citation, date Comments
date

* * * * * * *
XXIII. Regional Haze 5-Year Progress Report ........... Submitted 01/27/2016 ...... 1/2/2019 [Insert Federal Register
citation], 12/3/2018.

[FR Doc. 2018–26179 Filed 11–30–18; 8:45 am] ENVIRONMENTAL PROTECTION ACTION: Final rule; announcement of
BILLING CODE 6560–50–P AGENCY effective date.

40 CFR Part 68 SUMMARY: The Environmental Protection
Agency (EPA) is announcing that the
amendments to the Risk Management
[EPA–HQ–OEM–2015–0725; FRL–9987–23–
OLEM]
Program under the Clean Air Act put
khammond on DSK30JT082PROD with RULES

forward in a final rule published in the
Accidental Release Prevention Federal Register on January 13, 2017 are
Requirements: Risk Management in effect.
Programs Under the Clean Air Act DATES: The rule amending 40 CFR part
68, published at 82 FR 4594 (January 13,
AGENCY: Environmental Protection 2017) and delayed at 82 FR 8499
Agency (EPA). (January 26, 2017), 82 FR 13968 (March

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Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations 62269

16, 2017), and 82 FR 27133 (June 14, notice and comment procedures are act necessary to update the Code of
2017), is effective December 3, 2018. impracticable, unnecessary, or contrary Federal Regulations. Accordingly, this
ADDRESSES: The EPA established a to the public interest, the agency may rule will take effect upon publication in
docket for the ‘‘Accidental Release issue a rule without providing notice the Federal Register. 5 U.S.C. 553(d).
Prevention Requirements: Risk and an opportunity for public comment. Dated: November 21, 2018.
Management Programs Under the Clean The EPA has determined that there is Andrew R. Wheeler,
Air Act’’ under Docket ID No. EPA–HQ– good cause for making this rule
Acting Administrator.
OEM–2015–0725, which includes this announcing the effectiveness of the
announcement. All documents in the RMP Amendments rule final without ■ Accordingly, the rule amending 40
docket are listed on the https:// prior proposal and opportunity for CFR part 68, published at 82 FR 4594
www.regulations.gov website. Although comment because such notice and (January 13, 2017), and delayed at 82 FR
listed in the index, some information is opportunity for comment is 8499 (January 26, 2017), 82 FR 13968
not publicly available, e.g., CBI or other unnecessary. (March 16, 2017), and 82 FR 27133
information whose disclosure is Specifically, updating the Code of (June 14, 2017), is effective December 3,
restricted by statute. Certain other Federal Regulations (CFR) to reflect the 2018.
material, such as copyrighted material, requirements of the RMP Amendments [FR Doc. 2018–26224 Filed 11–30–18; 8:45 am]
is not placed on the internet and will be rule is a ministerial act. The Court BILLING CODE 6560–50–P
publicly available only in hard copy specifically identified as vacated the
form. Publicly available docket June 14, 2017 rule that had delayed the
materials are available electronically effectiveness of the RMP Amendments ENVIRONMENTAL PROTECTION
through https://www.regulations.gov. rule until February 19, 2019. The rule AGENCY
FOR FURTHER INFORMATION CONTACT:
published today simply implements the
decision of the Court. Since EPA lacks 40 CFR Part 81
James Belke, United States
discretion to do otherwise, it would [EPA–HQ–OAR–2017–0548; FRL–9977–72–
Environmental Protection Agency,
serve no useful purpose to provide an OAR]
Office of Land and Emergency
opportunity for public comment on this
Management, 1200 Pennsylvania Ave. RIN 2060–AT94
issue. The requirements of CAA section
NW (Mail Code 5104A), Washington,
307(d), including the requirement for
DC, 20460; telephone number: (202) Additional Air Quality Designations for
public comment and a hearing on
564–8023; email address: belke.jim@ the 2015 Ozone National Ambient Air
proposed rulemakings, do not apply to
epa.gov, or Kathy Franklin, United Quality Standards
this action because 5 U.S.C. 553(b)(3)(B)
States Environmental Protection
applies. Correction
Agency, Office of Land and Emergency Moreover, the agency finds that the
Management, 1200 Pennsylvania Ave. In rule document 2018–11838,
considerations outlined above to
NW (Mail Code 5104A), Washington, appearing on pages 25776 through
support issuance of this rule without
DC 20460; telephone number: (202) 25848, in the issue of Monday, June 4,
prior notice and comment also provide
564–7987; email address: 2018, make the following corrections:
good cause for making this action 1. On page 25785, in the table, under
franklin.kathy@epa.gov. effective immediately under section
SUPPLEMENTARY INFORMATION: On Rest of State, the Designation Date for
553(d) of the Administrative Procedure
January 13, 2017, EPA finalized Greenlee County should read ‘‘1/16/18’’.
Act (APA), 5 U.S.C. 553(d). Section 2. On page 25824, in the table, insert
amendments to the Accidental Release 553(d) provides in pertinent part that
Prevention Requirements for Risk a row below the row for Union County.
final rules shall not become effective On the new row, the Designated Area
Management Programs under the Clean until 30 days after publication in the
Air Act, Section 112(r)(7) (RMP should read ‘‘Van Wert County’’, the
Federal Register, ‘‘except . . . as Designation Date should read ‘‘1/16/
Amendments rule; 82 FR 4594). On otherwise provided by the agency for
January 26, 2017, the EPA published an 18’’, and the Designation Type should
good cause.’’ The purpose of section
action in the Federal Register that read ‘‘Attainment/Unclassifiable’’.
553(d) of the APA is to ‘‘give affected
initially delayed the effective date of the parties a reasonable time to adjust their [FR Doc. C1–2018–11838 Filed 11–30–18; 8:45 am]
RMP Amendments rule for a short behavior before the final rule takes BILLING CODE 1301–00–D
period of time (82 FR 8499). The EPA effect.’’ Omnipoint Corp. v. FCC, 78
further delayed the effective date of the F.3d 620, 630 (DC Cir. 1996); see also
RMP Amendments rule through United States v. Gavrilovic, 551 F.2d DEPARTMENT OF COMMERCE
additional EPA actions published in the 1099, 1104 (8th Cir. 1977) (quoting
Federal Register on March 16, 2017 and legislative history). In determining National Oceanic and Atmospheric
June 14, 2017 (82 FR 13968 and 82 FR whether good cause exists to waive the Administration
27133, respectively). On August 17, 30-day effective date under the APA, an
2018, the U.S. Court of Appeals for the agency should ‘‘balance the necessity 50 CFR Part 660
District of Columbia Circuit issued its for immediate implementation against [Docket No. 180207141–8999–02]
decision vacating the June 14, 2017 rule principles of fundamental fairness
(82 FR 27133) that had delayed the which require that all affected persons RIN 0648–BH74
effective date of the RMP Amendments be afforded a reasonable amount of time Magnuson-Stevens Act Provisions;
rule until February 19, 2019. On to prepare for the effective date of its Fisheries Off West Coast States;
khammond on DSK30JT082PROD with RULES

September 21, 2018, the Court issued its ruling.’’ Gavrilovic, 551 F.2d at 1105. Pacific Coast Groundfish Fishery;
mandate which makes the RMP Here, the decision of the Court vacating
Groundfish Bottom Trawl and
Amendments rule now effective. the Delay Rule and the issuance of the
Midwater Trawl Gear in the Trawl
Section 553(b)(3)(B) of the mandate have taken the issue of timing
Rationalization Program
Administrative Procedure Act, 5 U.S.C. out of EPA’s control. As noted above,
553(b)(3)(B), provides that, when an we are simply implementing the Court’s AGENCY: National Marine Fisheries
agency for good cause finds that public mandate by undertaking the ministerial Service (NMFS), National Oceanic and

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Document Created: 2018-12-01 00:56:16
Document Modified: 2018-12-01 00:56:16

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		Rules and Regulations
Action		Final rule; announcement of effective date.
Dates		The rule amending 40 CFR part 68, published at 82 FR 4594 (January 13, 2017) and delayed at 82 FR 8499 (January 26, 2017), 82 FR 13968 (March 16, 2017), and 82 FR 27133 (June 14, 2017), is effective December 3, 2018.
Contact		James Belke, United States Environmental Protection Agency, Office of Land and Emergency Management, 1200 Pennsylvania Ave. NW (Mail Code 5104A), Washington,
FR Citation		83 FR 62268