[Federal Register Volume 82, Number 50 (Thursday, March 16, 2017)]
[Rules and Regulations]
[Pages 13968-13969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05288]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 68

[EPA-HQ-OEM-2015-0725; FRL-9959-57-OLEM]
RIN 2050-AG82


Accidental Release Prevention Requirements: Risk Management 
Programs Under the Clean Air Act; Further Delay of Effective Date

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; delay of effective date.

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SUMMARY: By a letter dated March 13, 2017, the Administrator announced 
the convening of a proceeding for reconsideration of the final rule 
that amends the chemical accident prevention provisions addressing Risk 
Management Programs under the Clean Air Act published in the Federal 
Register on January 13, 2017. The effective date of these regulations 
had been March 21, 2017. By this action, the EPA is administratively 
staying and delaying the effective date of this rule for 90 days. Thus, 
the January 13, 2017 rule will become effective on June 19, 2017.

DATES: The effective date of the rule amending 40 CFR part 68 published 
at 82 FR 4594 (January 13, 2017), as delayed at 82 FR 8499 (January 26, 
2017) is further delayed to June 19, 2017.

ADDRESSES: The EPA has established a docket for the rule amending 40 
CFR part 68 under Docket ID No. EPA-HQ-OEM-2015-0725. All documents in 
the docket are listed on the http://www.regulations.gov Web site. 
Although listed in the index, some information is not publicly 
available, e.g., Confidential Business Information (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 http://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].
    Electronic copies of this document and related news releases are 
available on EPA's Web site at http://www.epa.gov/rmp. Copies of this 
final rule are also available at http://www.regulations.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    On January 13, 2017, the EPA (``we'') issued a final rule amending 
40 CFR part 68, the chemical accident prevention provisions under 
section 112(r)(7) of the Clean Air Act (CAA) ((42 U.S.C. 7412(r)). The 
amendments addressed various aspects of risk management programs, 
including prevention programs at stationary sources, emergency response 
preparedness requirements, information availability, and various other 
changes to streamline, clarify, and otherwise technically correct the 
underlying rules. Collectively, this rulemaking is known as the ``Risk 
Management Program Amendments.'' For further information on the Risk 
Management Program Amendments, see 82 FR 4594 (January 13, 2017).
    On January 26, 2017, the EPA published a final rule extending the 
effective date of the Risk Management Program Amendments from March 14, 
2017, to March 21, 2017, see 82 FR 8499. This revision to the effective 
date of the Risk Management Program Amendments was part of an EPA final 
rule implementing a memorandum dated January 20, 2017, from the 
Assistant to the President and Chief of Staff, entitled ``Regulatory 
Freeze Pending Review.'' This memorandum directed the heads of agencies 
to extend until 60 days after the date of its issuance the effective 
date of rules that were published prior to January 20, 2017 but which 
had not yet become effective.
    In a letter dated February 28, 2017, a group known as the ``RMP 
Coalition,'' \1\ submitted a petition for reconsideration of the Risk 
Management Program Amendments (``RMP Coalition Petition'') as provided 
for in CAA section 307(d)(7)(B) (42 U.S.C.

[[Page 13969]]

7607(d)(7)(B)).\2\ Under that provision, the Administrator is to 
commence a reconsideration proceeding if in the Administrator's 
judgment the petitioner raises an objection to a rule that was 
impracticable to raise during the comment period or if the grounds for 
the objection arose after the comment period but within the period for 
judicial review. In either case, the Administrator must also conclude 
that the objection is of central relevance to the outcome of the rule. 
The Administrator may stay the effective date of the rule for up to 
three months during such reconsideration.
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    \1\ The RMP Coalition is comprised of the American Chemistry 
Council, the American Forest & Paper Association, the American Fuel 
& Petrochemical Manufacturers, the American Petroleum Institute, the 
Chamber of Commerce of the United States of America, the National 
Association of Manufacturers, and the Utility Air Regulatory Group.
    \2\ A copy of the petition is included in the docket for this 
rule, Docket ID No. EPA-HQ-OEM-2015-0725.
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    In a letter dated March 13, 2017, the Administrator announced the 
convening of a proceeding for reconsideration of the Risk Management 
Program Amendments (a copy of this letter is included in the docket for 
this rule, Docket ID No. EPA-HQ-OEM-2015-0725). As explained in that 
letter, having considered the objections raised in the RMP Coalition 
Petition, the Administrator determined that the criteria for 
reconsideration have been met for at least one of the objections. We 
will prepare a notice of proposed rulemaking in the near future that 
will provide the RMP Coalition and the public an opportunity to comment 
on the issues raised in the petition that meet the standard of CAA 
section 307(d)(7)(B) as well as any other matter we believe will 
benefit from additional comment.

II. Issuance of a Stay and Delay of Effective Date

    The EPA hereby issues a three-month (90-day) administrative stay of 
the effective date of the Risk Management Program Amendments. The 
effective date of the rule amending 40 CFR part 68 published at 82 FR 
4594 (January 13, 2017), as amended by 82 FR 8499 (January 26, 2017), 
is delayed to June 19, 2017.

List of Subjects in 40 CFR Part 68

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Chemicals, Hazardous substances, 
Intergovernmental relations, Reporting and recordkeeping requirements.

    Dated: March 13, 2017.
E. Scott Pruitt,
Administrator.
[FR Doc. 2017-05288 Filed 3-15-17; 8:45 am]
 BILLING CODE 6560-50-P