Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Further Delay of Effective Date, 16146-16149 [2017-06526]
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16146
Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Proposed Rules
dates must be reviewed. Indeed, the first
state plan submission date has already
passed, and other compliance dates are
likely to pass while the Supreme Court
stay is pending. Further, under the
Supreme Court’s stay of the CPP, States
and other interested parties have not
been required nor expected to work
towards meeting the compliance dates
set in the CPP. Thus, as the EPA
conducts its review of the CPP and
decides what further action to take on
the EGU emission guidelines, EPA will
ensure that any and all remaining
compliance dates will be reasonable and
appropriate in light of the Supreme
Court stay of the CPP and other factors.
Further state action will not be required
unless and until there is resolution of
the pending litigation or the EPA issues
new EGU emission guidelines. This
gives the EPA time to re-evaluate these
CPP-related proposals.
The EPA believes it should use this
time to re-evaluate these CPP-related
proposals and, if appropriate, put out reproposals or new proposals to ensure
that the public is commenting on EPA’s
most up-to-date thinking on these
issues. There are a number of reasons
why these proposals may ultimately not
reflect the Agency’s reasoned policy
decisions reflecting both the current
state of the energy market and the
agency’s operative understanding of its
statutory authority. First, the Agency
has announced that it is reviewing and,
as appropriate, may suspend, revise or
rescind the CPP. Though our review of
the CPP is ongoing and any final
decision to suspend, revise or rescind it
will be made only after EPA has
provided notice and an opportunity for
public comment, it is possible that the
CPP as promulgated in 2015 will be
rescinded and that new emission
guidelines, if any, for existing EGUs will
be different from the CPP. Because the
CPP-related Proposed Rules are
designed to provide implementation
details related to the specific
requirements of the CPP, any changes to
the CPP or new emission guidelines
would most likely require changes to
these CPP-related proposals. Thus, this
preliminary action to withdraw these
CPP-related proposals will allow EPA to
review them in light of its review of the
CPP and, if they are still needed, to
determine the appropriate next steps for
these proposals, which may be to
develop new proposals with revisions to
ensure they are consistent with and
appropriately implement revised
emission guidelines, if any. Second,
whether or not the EPA makes any
changes as a result of its review of the
CPP, it is appropriate for the EPA to re-
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evaluate the proposals in light of the
policies set forth in the Executive Order
and ensure that what the Agency
proposes and seeks public comment on
has been developed or reviewed in light
of those policies.
As a final point, we want to be clear
that our withdrawal of these proposals
is not based on any final substantive
decision that we have made with
respect to these proposals. We are
withdrawing these proposals for the
procedural reasons that we have
discussed above to promote the EPA’s
review of the CPP and future
rulemaking process, and ensure that
interested parties have a full
opportunity to comment on proposals
that reflect the Agency’s most up-to-date
and relevant thinking. Thus, for the
reasons stated above, EPA concludes
that, at this time, it is appropriate to
withdraw the October 2015 Proposed
Rule and the CEIP Proposed Rule. The
EPA intends to review these proposals
in conjunction with its comprehensive
review of the CPP. Based on that review,
the Agency will determine how best to
proceed, which may include the
development of new proposals
consistent with the requirements of
CAA Section 307(d).
4. Statutory Authority
Pursuant to CAA Section 307(d)(1)(V),
the Administrator is determining that
this withdrawal is subject to the
provisions of CAA Section 307(d). The
statutory authority for this notice is
provided by Sections 111, 301 and
307(d) of the CAA as amended (42
U.S.C. 7411, 7601 and 7607(d)).
5. Impact Analysis
Because the EPA is not promulgating
any regulatory requirements, there are
no compliance costs or impacts
associated with today’s final action.
6. Statutory and Executive Order
Reviews
Today’s action does not establish new
regulatory requirements. Hence, the
requirements of other regulatory statutes
and Executive Orders that generally
apply to rulemakings (e.g., the
Unfunded Mandate Reform Act) do not
apply to this action.
Dated: March 28, 2017.
E. Scott Pruitt,
Administrator.
[FR Doc. 2017–06518 Filed 3–31–17; 8:45 am]
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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
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
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 https://
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
SUMMARY:
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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 walkin registrant. Please register at https://
www.eventbrite.com/e/rmp-proposedrule-effective-date-public-hearingtickets-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: belke.jim@
epa.gov, 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:
franklin.kathy@epa.gov.
Electronic copies of this document
and related news releases are available
on EPA’s Web site at https://
www.epa.gov/rmp. Copies of this
proposed rule are also available at
https://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
Administration of Environmental Quality Programs ........................................................................................................................
Agricultural Chemical Distributors:
Crop Production .......................................................................................................................................................................
Animal Production and Aquaculture ........................................................................................................................................
Support Activities for Agriculture and Forestry Farm ..............................................................................................................
Supplies Merchant Wholesalers ..............................................................................................................................................
Chemical Manufacturing ..........................................................................................................................................................
Chemical and Allied Products Merchant Wholesalers ............................................................................................................
Food Manufacturing .................................................................................................................................................................
Beverage Manufacturing ..........................................................................................................................................................
Oil and Gas Extraction ............................................................................................................................................................
Other ........................................................................................................................................................................................
Other manufacturing ................................................................................................................................................................
Other Wholesale:
Merchant Wholesalers, Durable Goods ..................................................................................................................................
Merchant Wholesalers, Nondurable Goods ............................................................................................................................
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924.
111.
112.
115.
42491.
325.
4246.
311.
3121.
211.
44, 45, 48, 54,
56, 61, 72.
313, 326, 327,
33.
423.
424.
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TABLE 5—INDUSTRIAL SECTORS AND ASSOCIATED NAICS CODES FOR ENTITIES POTENTIALLY AFFECTED BY THIS
ACTION—Continued
Sector
NAICS code
Paper Manufacturing ...............................................................................................................................................................
Petroleum and Coal Products Manufacturing .........................................................................................................................
Petroleum and Petroleum Products Merchant Wholesalers ...................................................................................................
Utilities .....................................................................................................................................................................................
Warehousing and Storage .......................................................................................................................................................
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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,
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.
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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.
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
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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322.
324.
4247.
221.
493.
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
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B. Paperwork Reduction Act (PRA)
IV. Statutory and Executive Orders
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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.
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.
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.
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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
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16149
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]
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Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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:
belke.jim@epa.gov, 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:
franklin.kathy@epa.gov.
Electronic copies of this document and related news releases are
available on EPA's Web site at https://www.epa.gov/rmp. Copies of this
proposed rule are also available at https://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
------------------------------------------------------------------------
Sector NAICS code
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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