Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act, 36837-36838 [2018-16372]

Download as PDF Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules • is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because this action does not involve technical standards; and • does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). The SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. daltland on DSKBBV9HB2PROD with PROPOSALS Authority: 42 U.S.C. 7401 et seq. Dated: July 23, 2018. Chris Hladick, Regional Administrator, Region 10. [FR Doc. 2018–16371 Filed 7–30–18; 8:45 am] BILLING CODE 6560–50–P VerDate Sep<11>2014 16:40 Jul 30, 2018 Jkt 244001 ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OEM–2015–0725; FRL–9981–66– OLEM] RIN 2050–AG95 Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act Environmental Protection Agency (EPA). ACTION: Proposed rule; notification of data availability and extension of comment period; correction. AGENCY: The Environmental Protection Agency (EPA) issued a proposed rule in the Federal Register on May 30, 2018 to request public comment on several proposed changes to the final Risk Management Program Amendments rule (Amendments rule) issued on January 13, 2017. This document is being issued to correct technical errors in the Regulatory Impact Analysis and the Notification of Data Availability and Extension of Comment Period for the proposed rule. DATES: Comments on the proposed rule (83 FR 24850, May 30, 2018), as extended by the Notification of Data Availability and Extension of Comment Period (83 FR 34967, July 24, 2018) must be received by August 23, 2018. ADDRESSES: Submit comments and additional materials, identified by docket EPA–HQ–OEM–2015–0725 to the Federal eRulemaking Portal: 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 EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit SUMMARY: Frm 00046 Fmt 4702 https://www.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: 40 CFR Part 68 PO 00000 36837 Sfmt 4702 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. SUPPLEMENTARY INFORMATION: Detailed background information describing the proposed RMP Reconsideration rulemaking may be found in a previously published document: Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Proposed Rule (83 FR 24850, May 30, 2018). I. What action is EPA taking? EPA is correcting incorrect date references to the version of the Risk Management Plan (RMP) database used to extract accident history information for the years 2014 through 2016. EPA used this accident information to update the trend of accidents from RMP facilities discussed in the Regulatory Impact Analysis for the proposed Reconsideration rule (EPA. Regulatory Impact Analysis, Reconsideration of the 2017 Amendments to the Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act, Section 112(r)(7), April 27, 2018). EPA also referred to the 2014– 2016 accident information in the Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Notification of Data Availability and Extension of Comment Period (83 FR 34967, July 24, 2018). In both documents, EPA made incorrect references to the date of the RMP database version used to extract these accident data. This document serves to correct the incorrect date references. II. What does this correction do? This document corrects incorrect date references to the RMP database in two locations in the regulatory record for the Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Proposed Rule (83 FR 24850, May 30, 2018). One location is on page 33 of the E:\FR\FM\31JYP1.SGM 31JYP1 daltland on DSKBBV9HB2PROD with PROPOSALS 36838 Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules Regulatory Impact Analysis (RIA). Page 33 of the RIA discusses the availability of annual accident data for 2014–2016, and includes a footnote (footnote 32) indicating the source of the accident data. The footnote states: ‘‘EPA. April 2018. Risk Management Plan (RMP) Facility Accident Data, 2014–2016. USEPA, Office of Emergency Management.’’ This footnote should read ‘‘EPA. March 2018. Risk Management Plan (RMP) Facility Accident Data, 2014–2016. USEPA, Office of Emergency Management.’’ The other location is on page 34968 of ‘‘Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Notification of Data Availability and Extension of Comment Period,’’ 83 FR 34967, 34968 (July 24, 2018), in the SUPPLEMENTARY INFORMATION section. Column two of this page also discusses the 2014–2016 accident data, but incorrectly indicates that EPA developed the docketed spreadsheet containing these data from the November 2017 version of the RMP database. The last sentence of the carryover paragraph at the top of column two should read: ‘‘EPA developed the latter spreadsheet from the March 2018 version of the database.’’ While the facility count information discussed in the Notification of Data Availability was based on the November 2017 version of the RMP database, EPA extracted the 2014–2016 accident data from the March 2018 version of the RMP database, as indicated above. EPA notes that the previously docketed 2014–2016 accident spreadsheet contains an additional 25 accident records for the 2014–2016 period that were not available when the November 2017 version of the database was created. By using a later version of the database to extract accident records, EPA provided more up-to-date accident information to support the regulatory record. However, users who attempt to replicate EPA’s 2014–2016 accident spreadsheet by extracting accident data from the November 2017 version of the RMP database (which was recently added to the rulemaking docket as EPA–HQ– OEM–2015–0725–0989) would not see the additional 25 accident records. EPA has added a memo to the rulemaking docket dated July 25, 2018, with the subject line: Corrections to References to Risk Management Plan Accident Information for 2014–2016. This memo explains the corrections discussed above and includes a list of the 25 accidents that are included in the 2014–2016 spreadsheet but not in the VerDate Sep<11>2014 16:40 Jul 30, 2018 Jkt 244001 November 2017 version of the RMP database. Dated: July 25, 2018. Reggie Cheatham, Director, Office of Emergency Management. [FR Doc. 2018–16372 Filed 7–30–18; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [EPA–HQ–SFUND–1983–0002; FRL–9981– 39—Region 6] National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the South Valley Superfund Site Environmental Protection Agency (EPA). ACTION: Proposed rule; notice of intent. AGENCY: The Environmental Protection Agency (EPA) Region 6 is issuing a Notice of Intent to Delete Operable Units 1, 2, and 5 of the South Valley Superfund Site (Site) located in Albuquerque, New Mexico, from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of New Mexico, through the New Mexico Environment Department, have determined that all appropriate response actions at these identified parcels under CERCLA have been completed, other than five-year reviews and operation and maintenance activities. However, this deletion does not preclude future actions under Superfund. This partial deletion pertains to Operable Units 1, 2, and 5. The remaining Operable Units 3, 4, and 6 will remain on the NPL and are not being considered for deletion as part of this action. DATES: Comments must be received by August 30, 2018. ADDRESSES: Submit your comments, identified by Docket ID no. EPA–HQ– SFUND–1983–0002, by one of the following methods: • 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 SUMMARY: PO 00000 Frm 00047 Fmt 4702 Sfmt 4702 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 EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/ commenting-epa-dockets. • Email: hebert.michael@epa.gov. • Mail: Michael A. Hebert, Remedial Project Manager, EPA Region 6, Mail Code—6SF–RL, 1445 Ross Avenue, Dallas, Texas 75202–2733. • Hand delivery: Æ Michael A. Hebert, Remedial Project Manager, EPA Region 6, Mail Code— 6SF–RL, 7th Floor Reception Area, 1445 Ross Avenue, Dallas, Texas 75202–2733. Æ Such deliveries are only accepted during the Docket’s normal hours of operation (Monday through Friday, 7 a.m. to 4 p.m.) and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID no. EPA–HQ–SFUND–1983– 0002. The http://www.regulations.gov website is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through http:// www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. E:\FR\FM\31JYP1.SGM 31JYP1

Agencies

[Federal Register Volume 83, Number 147 (Tuesday, July 31, 2018)]
[Proposed Rules]
[Pages 36837-36838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16372]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 68

[EPA-HQ-OEM-2015-0725; FRL-9981-66-OLEM]
RIN 2050-AG95


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; notification of data availability and extension 
of comment period; correction.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) issued a proposed 
rule in the Federal Register on May 30, 2018 to request public comment 
on several proposed changes to the final Risk Management Program 
Amendments rule (Amendments rule) issued on January 13, 2017. This 
document is being issued to correct technical errors in the Regulatory 
Impact Analysis and the Notification of Data Availability and Extension 
of Comment Period for the proposed rule.

DATES: Comments on the proposed rule (83 FR 24850, May 30, 2018), as 
extended by the Notification of Data Availability and Extension of 
Comment Period (83 FR 34967, July 24, 2018) must be received by August 
23, 2018.

ADDRESSES: Submit comments and additional materials, identified by 
docket EPA-HQ-OEM-2015-0725 to the Federal eRulemaking Portal: 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 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.

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: Detailed background information describing 
the proposed RMP Reconsideration rulemaking may be found in a 
previously published document: Accidental Release Prevention 
Requirements: Risk Management Programs Under the Clean Air Act; 
Proposed Rule (83 FR 24850, May 30, 2018).

I. What action is EPA taking?

    EPA is correcting incorrect date references to the version of the 
Risk Management Plan (RMP) database used to extract accident history 
information for the years 2014 through 2016. EPA used this accident 
information to update the trend of accidents from RMP facilities 
discussed in the Regulatory Impact Analysis for the proposed 
Reconsideration rule (EPA. Regulatory Impact Analysis, Reconsideration 
of the 2017 Amendments to the Accidental Release Prevention 
Requirements: Risk Management Programs Under the Clean Air Act, Section 
112(r)(7), April 27, 2018). EPA also referred to the 2014-2016 accident 
information in the Accidental Release Prevention Requirements: Risk 
Management Programs Under the Clean Air Act; Notification of Data 
Availability and Extension of Comment Period (83 FR 34967, July 24, 
2018). In both documents, EPA made incorrect references to the date of 
the RMP database version used to extract these accident data. This 
document serves to correct the incorrect date references.

II. What does this correction do?

    This document corrects incorrect date references to the RMP 
database in two locations in the regulatory record for the Accidental 
Release Prevention Requirements: Risk Management Programs Under the 
Clean Air Act; Proposed Rule (83 FR 24850, May 30, 2018). One location 
is on page 33 of the

[[Page 36838]]

Regulatory Impact Analysis (RIA). Page 33 of the RIA discusses the 
availability of annual accident data for 2014-2016, and includes a 
footnote (footnote 32) indicating the source of the accident data. The 
footnote states: ``EPA. April 2018. Risk Management Plan (RMP) Facility 
Accident Data, 2014-2016. USEPA, Office of Emergency Management.'' This 
footnote should read ``EPA. March 2018. Risk Management Plan (RMP) 
Facility Accident Data, 2014-2016. USEPA, Office of Emergency 
Management.''
    The other location is on page 34968 of ``Accidental Release 
Prevention Requirements: Risk Management Programs Under the Clean Air 
Act; Notification of Data Availability and Extension of Comment 
Period,'' 83 FR 34967, 34968 (July 24, 2018), in the SUPPLEMENTARY 
INFORMATION section. Column two of this page also discusses the 2014-
2016 accident data, but incorrectly indicates that EPA developed the 
docketed spreadsheet containing these data from the November 2017 
version of the RMP database. The last sentence of the carryover 
paragraph at the top of column two should read: ``EPA developed the 
latter spreadsheet from the March 2018 version of the database.''
    While the facility count information discussed in the Notification 
of Data Availability was based on the November 2017 version of the RMP 
database, EPA extracted the 2014-2016 accident data from the March 2018 
version of the RMP database, as indicated above. EPA notes that the 
previously docketed 2014-2016 accident spreadsheet contains an 
additional 25 accident records for the 2014-2016 period that were not 
available when the November 2017 version of the database was created. 
By using a later version of the database to extract accident records, 
EPA provided more up-to-date accident information to support the 
regulatory record. However, users who attempt to replicate EPA's 2014-
2016 accident spreadsheet by extracting accident data from the November 
2017 version of the RMP database (which was recently added to the 
rulemaking docket as EPA-HQ-OEM-2015-0725-0989) would not see the 
additional 25 accident records.
    EPA has added a memo to the rulemaking docket dated July 25, 2018, 
with the subject line: Corrections to References to Risk Management 
Plan Accident Information for 2014-2016. This memo explains the 
corrections discussed above and includes a list of the 25 accidents 
that are included in the 2014-2016 spreadsheet but not in the November 
2017 version of the RMP database.

    Dated: July 25, 2018.
Reggie Cheatham,
Director, Office of Emergency Management.
[FR Doc. 2018-16372 Filed 7-30-18; 8:45 am]
 BILLING CODE 6560-50-P