# Agency Information Collection Activities: Submission for OMB Review; Comment Request; Risk Management Program Requirements and Petitions To Modify the List of Regulated Substances Under Section 112(r) of the Clean Air Act (CAA) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A99-14065 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** June 3, 1999 - **Citation:** 64 FR 29863 ## Text ENVIRONMENTAL PROTECTION AGENCY [FRL-6354-1] Agency Information Collection Activities: Submission for OMB Review; Comment Request; Risk Management Program Requirements and Petitions To Modify the List of Regulated Substances Under Section 112(r) of the Clean Air Act (CAA) AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces [[Page 29864]] that the following Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval: Risk Management Program Requirements and Petitions to Modify the List of Regulated Substances under section 112(r) of the Clean Air Act (CAA). This ICR describes the nature of the information collection and its expected burden and cost; where appropriate, it includes the actual data collection instrument. This ICR combines and renews two previously approved ICRs, Registration and Documentation of Risk Management Plans under section 112(r) of the CAA, ICR No. 1656.03 (expires July 31, 1999, OMB Control No. 2050-0144) and Petitions to modify the list of regulated substances under section 112 (r) of the CAA, ICR No. 1606.02 (expired April 30, 1999, OMB Control No. 2050- 0127; OMB granted an extension for this ICR to 7/99). On February 22, 1999, OMB approved an ICR submitted for amendments to RMP regulations to allow for the submission of claims for confidential business information, ICR No. 1656.05, OMB Control No. 2050-0144. In a separate Federal Register document, EPA is proposing to modify the rule listing regulated substances and threshold quantities of the RMP issued under section 112(r) of the CAA. DATES: Comments must be submitted on or before July 6, 1999. FOR FURTHER INFORMATION CONTACT: Sandy Farmer at EPA by phone at (202) 260-2740, by email at [email protected], or download a copy of the ICR off the Internet at http://www.epa.gov/icr and refer to EPA ICR No.1656.06 SUPPLEMENTARY INFORMATION: Title: Risk Management Program Requirements and Petitions to Modify the List of Regulated Substances under section 112(r) of the Clean Air Act (CAA); EPA ICR No. 1656.06. This is a request for extension of a currently approved collection. Abstract: The 1990 CAA Amendments added section 112(r) to provide for the prevention and mitigation of accidental releases. Section 112(r) mandates that EPA promulgate a list of ``regulated substances,'' with threshold quantities and establish procedures for the addition and deletion of substances from the list of ``regulated substances''. Processes at stationary sources that contain a threshold quantity of a regulated substance are subject to accidental release prevention regulations promulgated under CAA section 112(r)(7). These two rules are codified as 40 CFR part 68. Part 68 requires that sources with more than a threshold quantity of a regulated substance in a process develop and implement a risk management program and submit a risk management plan to EPA by June 21, 1999. This information collection request addresses the following information requirements: (1) Documenting sources' risk management programs and submitting a source risk management plan (RMP) under CAA section 112(r)(7); and (2) Collecting and submitting information to support petitions to modify the list of regulated substances under CAA section 112(r)(3). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15. The Federal Register document required under 5 CFR 1320.8(d), soliciting comments on this collection of information was published on March 3, 1999 (64 FR 10293). EPA did not receive any comments. Burden Statement: This combined ICR covers the period from August 1, 1999, through July 31, 2002. The compliance schedule for the Part 68 requirements, established by rule on June 20, 1996, requires the implementation of source risk management programs and the submission of RMPs by June 21, 1999, for sources meeting the rule's applicability criteria. As a result, the burden to facilities for initial rule compliance, including rule familiarization and program implementation, is assumed to have taken place prior to the period covered by this ICR; these costs were accounted for in ICR 1656.03. Therefore, in this ICR, EPA has accounted for only ongoing program implementation costs (as well as rule familiarization and program implementation costs for new facilities that become subject to these regulations after June 1999). The public reporting burden will depend on the regulatory program tier into which sources are categorized. In this ICR, the public reporting burden for rule familiarization is estimated to range between 12 to 35 hours per source. The public reporting burden to prepare and submit a new RMP is estimated to take 6.0 hours for retailers to 10.0 hours for non-chemical manufacturers. RMP revisions are estimated to require 3 hours for wholesalers to 8.6 hours for chemical manufacturers. The public record keeping burden to maintain on-site documentation is estimated to range from 2.8 hours for retailers to 279 hours for chemical manufacturers. The public reporting burden for CBI claims is estimated to be 9.5 hours for certain chemical manufacturing sources. The public reporting burden for individuals filing petitions to amend the list of regulated substances is estimated to be 138 hours. The total annual public reporting burden to become familiar with the rule, complete and submit (or revise) the risk management plan, maintain on-site documentation, substantiate claims for confidential business information, and prepare and submit petitions to amend the list of regulated substances is estimated to be about 463,000 hours over three years, or an annual burden of 154,000 hours. The burden estimated for 20 states that may be implementing Part 68 program, is 56,000 hours or an annual burden of 19,000 hours. Therefore, the total burden for all sources and states is estimated to be 519,000 hours for three years, or an annual burden of 173,000. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. Respondents/Affected Entities: Chemical manufacturers, Petroleum refineries, Non-chemical manufacturers, Federal facilities, State and local entities, Farms, Retailers, etc. Estimated Number of Respondents: 69,800. Frequency of Response: For the period covered by this ICR, new sources and sources required to submit revisions to their Risk Management Plan (RMP) as stated in 40 CFR 68.190. Estimated Total Annual Hour Burden: Sources: 154,000 hours; States/ Local implementing agency 19,000 hours (estimated 20 states may be seeking delegation). Estimated Total Annualized Capital, Operating/ Maintenance Cost Burden: $8,800. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing [[Page 29865]] respondent burden, including through the use of automated collection techniques to the following addresses. Please refer to EPA ICR No. 1656.06 and OMB Control No. 2050-0144 in any correspondence. Ms. Sandy Farmer, U.S. Environmental Protection Agency, Office of Policy, Regulatory Information Division (2137), 401 M Street, SW, Washington, DC 20460; and Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Desk Officer for EPA, 725 17th Street, NW, Washington, DC 20503. Dated: May 27, 1999. Richard T. Westlund, Acting Director, Regulatory Information Division. [FR Doc. 99-14065 Filed 6-2-99; 8:45 am] BILLING CODE 6560-50-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A99-14065. Public record. Not legal advice.