[Federal Register Volume 77, Number 122 (Monday, June 25, 2012)]
[Pages 37903-37904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15370]

[[Page 37903]]



[EPA-HQ-OAR-2003-0052; FRL-9518-4]

Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; Risk Management Program 
Requirements and Petitions To Modify the List of Regulated Substances 
Under Section 112(r) of the Clean Air Act (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.


SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), this document announces that an Information 
Collection Request (ICR) has been forwarded to the Office of Management 
and Budget (OMB) for review and approval. This is a request to renew an 
existing approved collection. The ICR, which is abstracted below, 
describes the nature of the information collection and its estimated 
burden and cost.

DATES: Additional comments may be submitted on or before July 25, 2012.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2003-0052, to (1) EPA online using www.regulations.gov (our preferred 
method), by email to a-and-r-Docket@epa.gov or by mail to: EPA Docket 
Center, Environmental Protection Agency, Mail code: 28221T, 1200 
Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB by mail to: 
Office of Information and Regulatory Affairs, Office of Management and 
Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street NW., 
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Sicy Jacob, Office of Emergency 
Management, Mail code 5104A, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460; telephone number: 202-564-
8019; fax number: 202-564-2625; email address: jacob.sicy@epa.gov.

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB 
for review and approval according to the procedures prescribed in 5 CFR 
1320.12. On February 16, 2012 (77 FR 9237), EPA sought comments on this 
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any 
additional comments on this ICR should be submitted to EPA and OMB 
within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-OAR-2003-0052, which is available for online viewing at 
www.regulations.gov, or in person viewing at the Air Docket in the EPA 
Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave. 
NW., Washington, DC. The EPA/DC Public Reading Room is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Reading Room is 202-566-1744, and the 
telephone number for the Air Docket is 202-566-1742.
    Use EPA's electronic docket and comment system at 
www.regulations.gov to submit or view public comments, access the index 
listing of the contents of the docket, and to access those documents in 
the docket that are available electronically. Once in the system, 
select ``docket search,'' then key in the docket ID number identified 
above. Please note that EPA's policy is that public comments, whether 
submitted electronically or in paper, will be made available for public 
viewing at www.regulations.gov as EPA receives them and without change, 
unless the comment contains copyrighted material, confidential business 
information (CBI), or other information whose public disclosure is 
restricted by statute. For further information about the electronic 
docket, go to www.regulations.gov.
    Title: Risk Management Program Requirements and Petitions to Modify 
the List of Regulated Substances under Section 112(r) of the Clean Air 
Act (Renewal).
    ICR numbers: EPA ICR No. 1656.14, OMB Control No. 2050-0144.
    ICR Status: This ICR is scheduled to expire on July 31, 2012. Under 
OMB regulations, the Agency may continue to conduct or sponsor the 
collection of information while this submission is pending at OMB. An 
Agency may not conduct or sponsor, and a person is not required to 
respond to, a collection of information, unless it displays a currently 
valid OMB control number. The OMB control numbers for EPA's regulations 
in title 40 of the CFR, after appearing in the Federal Register when 
approved, are listed in 40 CFR part 9, are displayed either by 
publication in the Federal Register or by other appropriate means, such 
as on the related collection instrument or form, if applicable. The 
display of OMB control numbers in certain EPA regulations is 
consolidated in 40 CFR part 9.
    Abstract: The 1990 Clean Air Act (CAA) Amendments added section 
112(r) to provide for the prevention and mitigation of accidental 
releases. Section 112(r) mandates that EPA promulgate a list of 
``regulated substances'' with threshold quantities and establish 
procedures for the addition and deletion of substances from the list of 
regulated substances. Processes at stationary sources that contain more 
than a threshold quantity of a regulated substance are subject to 
accidental release prevention regulations promulgated under CAA section 
112(r)(7). These two rules are codified as 40 CFR part 68. Part 68 
requires that sources with more than a threshold quantity of a 
regulated substance in a process develop and implement a risk 
management program and submit a risk management plan to EPA. The 
compliance schedule for the Part 68 requirements, established by rule 
on June 20, 1996, requires the implementation of the source risk 
management programs and the submission of initial Risk Management Plan 
(RMP)'s by June 21, 1999, and at least every five years after the 
initial submission. Sources must resubmit earlier than their next five-
year deadline if they undergo certain changes to their covered 
processes as specified in Part 68. Therefore, after the initial 
submission, some sources re-submitted their RMPs prior to the next 5-
year deadline because they had process changes that required an earlier 
update. These sources were then assigned a new five-year resubmission 
deadline based on the date of their revised plan submission. Most 
covered sources had no significant changes to their covered processes 
and therefore resubmitted their updated RMP on June 21, 2004. This same 
pattern continued through the next submission cycle--some sources 
updated and resubmitted their RMP prior to their next five-year 
deadline and were assigned a new (off-cycle) five-year deadline, but a 
majority of sources submitted their updated RMP on or near the next 
scheduled five-year resubmission deadline (June 2009). Similarly, while 
most sources' next submission is due in June 2014, because of off-cycle 
resubmission deadlines assigned to sources who have resubmitted RMPs 
prior to their next 5-year resubmission date, only a portion of the 
RMP-regulated universe has a submission deadline of June 21, 2014.
    Other than the costs for gathering information and filling out the 
on-line RMP form, the regulations require sources to maintain on-site 
documentation, perform a compliance audit every three years, provide 
refresher training to employees, perform a hazard analysis at least 
every five years, etc. Some of these activities are expected to occur 
annually or are on-going. Some are required every three years or every 
five years, unless there

[[Page 37904]]

are changes at the facility. Therefore, the burden and costs incurred 
by sources vary from ICR to ICR. The five-year resubmission deadline 
set by the regulations or assigned by EPA based on the latest RMP 
resubmission also will cause the burden to vary from ICR to ICR.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 18 
hours per response. Burden means the total time, effort, or financial 
resources expended by persons to generate, maintain, retain, or 
disclose or provide information to or for a Federal agency. This 
includes the time needed to review instructions; develop, acquire, 
install, and utilize technology and systems for the purposes of 
collecting, validating, and verifying information, processing and 
maintaining information, and disclosing and providing information; 
adjust the existing ways to comply with any previously applicable 
instructions and requirements which have subsequently changed; train 
personnel to be able to respond to a collection of information; search 
data sources; complete and review the collection of information; and 
transmit or otherwise disclose the information.
    Respondents/Affected Entities: Chemical manufacturers, petroleum 
refineries, water treatment systems, non-chemical manufacturers, 
    Estimated Number of Respondents: 13,558 facility respondents and 15 
implementing agencies.
    Frequency of Response: Every five years, unless the facilities need 
to update their previous submission.
    Estimated Total Annual Hour Burden: 80,546.
    Estimated Total Annual Cost: $6,736,212 in labor costs. There are 
no capital or O&M costs associated with this ICR.
    Changes in the Estimates: There is a decrease of 13,436 hours for 
all sources and states from the previous ICR. The burden varies from 
ICR to ICR due to different resubmission deadlines based on the 
sources' RMP re-submission deadline and other regulatory deadlines. 
Therefore, the burden changes each year depending on how many sources 
have to submit their RMP and comply with certain prevention program 
requirements. The number of sources subject to the regulations 
fluctuates regularly, and is lower than in the previous ICR (13,718 
sources in the previous ICR vs. 13,558 in this ICR period).

John Moses,
Director, Collection Strategies Division.
[FR Doc. 2012-15370 Filed 6-22-12; 8:45 am]