[Federal Register Volume 82, Number 62 (Monday, April 3, 2017)]
[Proposed Rules]
[Pages 16146-16149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06526]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 68

[EPA-HQ-OEM-2015-0725; FRL-9960-44-OLEM]
RIN 2050-AG91


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
delay the effective date of the final rule that amends the Risk 
Management Program regulations under the Clean Air Act published in the 
Federal Register on January 13, 2017. On March 16, 2017, the EPA 
published in the Federal Register a stay and delay of the effective 
date pending reconsideration to June 19, 2017. The EPA is proposing to 
further delay the effective date to February 19, 2019. This action 
would allow the Agency time to consider petitions for reconsideration 
of this final rule and take further regulatory action, which could 
include proposing and finalizing a rule to revise the Risk Management 
Program amendments.

DATES: 
    Comments. Written comments must be received by May 19, 2017.
    Public Hearing. The EPA will hold a public hearing on this proposed 
rule on April 19, 2017 in Washington, DC.

ADDRESSES: 
    Comments. Submit your comments, identified by Docket ID No. EPA-HQ-
OEM-2015-0725, at 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

[[Page 16147]]

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.
    Public Hearing. A public hearing will be held in Washington, DC on 
April 19, 2017 at William J. Clinton East Building, Room 1153 (Map 
Room), 1201 Constitution Ave. NW., Washington, DC 20460. The hearing 
will convene at 9:00 a.m. through 4:00 p.m. (all times are Eastern 
Standard Time). The sessions will run from 9:00 a.m. to 12:00 Noon, 
with a break between 12:00 Noon and 1:00 p.m., continuing from 1:00 
p.m. to 4:00 p.m. Persons wishing to preregister may be assigned a time 
according to this schedule. The afternoon session beginning at 1:00 
p.m. will be extended one hour after all scheduled comments have been 
heard to accommodate those wishing to make a comment as a walk-in 
registrant. Please register at https://www.eventbrite.com/e/rmp-proposed-rule-effective-date-public-hearing-tickets-32733701382 to 
speak at the hearing. The last day to preregister in advance to speak 
at the hearing is April 11, 2017. Additionally, requests to speak will 
be taken the day of the hearing at the hearing registration desk, 
although preferences on speaking times may not be able to be fulfilled. 
If you require the service of a translator or special accommodations 
such as audio description, we ask that you identify such needs during 
preregistration for the hearing, on or before April 11, 2017, to allow 
sufficient time to arrange such accommodations.
    The hearing will provide interested parties the opportunity to 
present data, views or arguments concerning the proposed action. The 
EPA will make every effort to accommodate all speakers who arrive and 
register. Because this hearing is being held at U.S. government 
facilities, individuals planning to attend the hearing should be 
prepared to show valid picture identification to the security staff in 
order to gain access to the meeting room. Please note that the REAL ID 
Act, passed by Congress in 2005, established new requirements for 
entering federal facilities. If your driver's license is issued by 
Alaska, American Samoa, Arizona, Kentucky, Louisiana, Maine, 
Massachusetts, Minnesota, Montana, New York, Oklahoma or the state of 
Washington, you must present an additional form of identification to 
enter the federal building. Acceptable alternative forms of 
identification include: Federal employee badges, passports, enhanced 
driver's licenses and military identification cards. In addition, you 
will need to obtain a property pass for any personal belongings you 
bring with you. Upon leaving the building, you will be required to 
return this property pass to the security desk. No large signs will be 
allowed in the building, cameras may only be used outside of the 
building and demonstrations will not be allowed on federal property for 
security reasons.
    The EPA may ask clarifying questions during the oral presentations, 
but will not respond to the presentations at that time. Written 
statements and supporting information submitted during the comment 
period will be considered with the same weight as oral comments and 
supporting information presented at the public hearing. Verbatim 
transcripts of the hearing and written statements will be included in 
the docket for the rulemaking. The EPA will make every effort to follow 
the schedule as closely as possible on the day of the hearing; however, 
please plan for the hearing to run either ahead of schedule or behind 
schedule.

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 
proposed rule are also available at http://www.regulations.gov.

SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

    This rule applies to those facilities, referred to as ``stationary 
sources'' under the Clean Air Act (CAA), that are subject to the 
chemical accident prevention requirements at 40 CFR part 68. This 
includes stationary sources holding more than a threshold quantity (TQ) 
of a regulated substance in a process. Table 5 provides industrial 
sectors and the associated NAICS codes for entities potentially 
affected by this action. The Agency's goal is to provide a guide for 
readers to consider regarding entities that potentially could be 
affected by this action. However, this action may affect other entities 
not listed in this table. If you have questions regarding the 
applicability of this action to a particular entity, consult the 
person(s) listed in the introductory section of this action under the 
heading entitled FOR FURTHER INFORMATION CONTACT.

   Table 5--Industrial Sectors and Associated NAICS Codes for Entities
                   Potentially Affected by This Action
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                   Sector                             NAICS code
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Administration of Environmental Quality      924.
 Programs.
Agricultural Chemical Distributors:          ...........................
    Crop Production........................  111.
    Animal Production and Aquaculture......  112.
    Support Activities for Agriculture and   115.
     Forestry Farm.
    Supplies Merchant Wholesalers..........  42491.
    Chemical Manufacturing.................  325.
    Chemical and Allied Products Merchant    4246.
     Wholesalers.
    Food Manufacturing.....................  311.
    Beverage Manufacturing.................  3121.
    Oil and Gas Extraction.................  211.
    Other..................................  44, 45, 48, 54, 56, 61, 72.
    Other manufacturing....................  313, 326, 327, 33.
Other Wholesale:                             ...........................
    Merchant Wholesalers, Durable Goods....  423.
    Merchant Wholesalers, Nondurable Goods.  424.

[[Page 16148]]

 
    Paper Manufacturing....................  322.
    Petroleum and Coal Products              324.
     Manufacturing.
    Petroleum and Petroleum Products         4247.
     Merchant Wholesalers.
    Utilities..............................  221.
    Warehousing and Storage................  493.
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II. Background

    On January 13, 2017, the EPA issued a final rule amending 40 CFR 
part 68, the chemical accident prevention provisions under section 
112(r)(7) of the 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 delaying 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 postpone 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. 7607(d)(7)(B)).\2\ Under 
that provision, the Administrator is to commence a reconsideration 
proceeding if, in the Administrator's judgement, 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. On March 13, 2017, the Chemical Safety Advocacy Group 
(``CSAG'') also submitted a petition for reconsideration and stay.\3\ 
On March 14, 2017, the EPA received a third petition for 
reconsideration and stay from the States of Louisiana, joined by 
Arizona, Arkansas, Florida, Kansas, Kentucky, Oklahoma, South Carolina, 
Texas, Wisconsin, and West Virginia. The petitions from CSAG and the 
eleven states also requested that EPA delay the various compliance 
dates of the Risk Management Program Amendments.
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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 RMP Coalition petition is included in the 
docket for this rule, Docket ID No. EPA-HQ-OEM-2015-0725.
    \3\ A copy of the CSAG petition is included in the docket for 
this rule, Docket ID No. EPA-HQ-OEM-2015-0725. CSAG members include 
companies in the refining, oil and gas, chemicals, and general 
manufacturing sectors with operations throughout the United States 
that are subject to the RMP Rule.
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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. EPA 
issued a three-month (90-day) administrative stay of the effective date 
of the Risk Management Program Amendments until June 19, 2017 (82 FR 
13968, March 16, 2017). EPA will prepare a notice of proposed 
rulemaking in the near future that will provide the RMP Coalition, 
CSAG, the states, and the public an opportunity to comment on the 
issues raised in the petitions that meet the standard of CAA section 
307(d)(7)(B) as well as any other matter we believe will benefit from 
additional comment.

III. Proposal To Delay the Effective Date

    As noted above, the Administrator's authority to administratively 
stay the effectiveness of a Clean Air Act rule pending reconsideration 
is limited to three months. On occasion, however, we have found three 
months to be insufficient to complete the necessary steps in the 
reconsideration process. Therefore, when we have issued similar 
administrative stays in the past, it has often been our practice to 
also propose an additional extension of the stay of effectiveness 
through a rulemaking process. We believe this practice is consistent 
with our rulemaking authority under CAA 307(d), which generally allows 
the EPA to set effective dates as appropriate unless other provisions 
of the CAA control. An additional extension enables us to take comment 
on issues that are in question and complete any revisions of the rule 
that become necessary as a result of the reconsideration process.
    As with some of our past reconsiderations, we expect to take 
comment on a broad range of legal and policy issues as part of the Risk 
Management Program Amendments reconsideration, and we are in the 
process of preparing the necessary comment solicitation to help focus 
commenters on issues of central relevance to our decision-making. 
Recognizing that these issues may be difficult and time consuming to 
evaluate, and given the expected high level of interest from 
stakeholders in commenting on these issues, we are proposing a further 
delay of the effective date to allow additional time to open these 
issues for review and comment.
    This proposed rule would delay the effective date of the Risk 
Management Program Amendments to February 19, 2019. This timeframe 
would allow the EPA time to evaluate the objections raised by the 
various petitions for reconsideration of the Risk Management Program 
Amendments, consider other issues that may benefit from additional

[[Page 16149]]

comment, and take further regulatory action. This schedule allows time 
for developing and publishing any notices that focus comment on 
specific issues to be reconsidered as well as other issues for which 
additional comment may be appropriate. A delay of the effective date to 
February 19, 2019, provides a sufficient opportunity for public comment 
on the reconsideration in accordance with the requirements of CAA 
section 307(d), gives us an opportunity to evaluate and respond to such 
comments, and take any possible regulatory actions, which could include 
proposing and finalizing a rule to revise the Risk Management Program 
amendments, as appropriate. While it is possible that we may require 
less time to complete the reconsideration and any possible regulatory 
actions, we believe extending the effective date to February 19, 2019 
is reasonable and prudent.
    The EPA recognizes that compliance dates for some provisions in the 
Risk Management Program Amendments coincided with the rule's effective 
date, while compliance dates for other provisions would occur in later 
years, i.e., 2018, 2021, or 2022, depending on the provision. 
Compliance with all of the rule provisions is not required as long as 
the rule does not become effective. The EPA is not proposing any action 
on any compliance dates at this time, as EPA plans to amend the 
compliance dates as necessary when considering future regulatory 
action.
    The Agency is seeking comment on this proposal to delay the 
effective date of the Risk Management Program Amendments. Any 
alternative approaches or timeframes presented must include appropriate 
rationale and supporting data in order for the Agency to be able to 
consider them for final action. Because this proposal is solely focused 
on the issue of whether to further extend the effective date and for 
how long, comments should be limited to these issues. A separate 
Federal Register notice published in the near future will specifically 
solicit comment on the range of issues under reconsideration.

IV. Statutory and Executive Orders

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA. This proposed rule would only delay the effective date of the 
Risk Management Program Amendments finalized on January 13, 2017 (see 
82 FR 4594) and does not propose information collection activities.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. In 
making this determination, the impact of concern is any significant 
adverse economic impact on small entities. An agency may certify that a 
rule will not have a significant economic impact on a substantial 
number of small entities if the rule relieves regulatory burden, has no 
net burden or otherwise has a positive economic effect on the small 
entities subject to the rule. This proposed rule would not impose a 
regulatory burden for small entities because it only proposes to delay 
the effective date of the Risk Management Program Amendments finalized 
on January 13, 2017 (see 82 FR 4594). We have therefore concluded that 
this action will have no net regulatory burden for all directly 
regulated small entities.

D. Unfunded Mandates Reform Act

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local or tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175. This proposed rule would only delay the 
effective date of the Risk Management Program Amendments finalized on 
January 13, 2017 (see 82 FR 4594) and does not propose new regulatory 
requirements. Thus, Executive Order 13175 does not apply to this 
action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action is not subject to Executive Order 
12898 (59 FR 7629, February 16, 1994) because it does not establish an 
environmental health or safety standard. This proposed rule would only 
delay the effective date of the Risk Management Program Amendments 
finalized on January 13, 2017 (see 82 FR 4594) and does not propose any 
regulatory requirements.

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 29, 2017.
E. Scott Pruitt,
Administrator.
[FR Doc. 2017-06526 Filed 3-31-17; 8:45 am]
BILLING CODE 6560-50-P