Accidental Release Prevention Requirements: Risk Management Programs Under Section 112(r)(7) of the Clean Air Act as Amended; Confidential Business Information

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6409-5]

Accidental Release Prevention Requirements: Risk Management

Programs Under Section 112(r)(7) of the Clean Air Act as Amended;

Confidential Business Information

AGENCY: Environmental Protection Agency (EPA).

[[Page 41112]]

ACTION: Notice of intent to disclose information.

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SUMMARY: The purpose of this document is to inform submitters of risk

management plans (RMPs) containing information claimed or designated as

confidential business information (CBI) that EPA will be distributing

RMPs, including the confidential information they may contain, to

another federal agency, the Chemical Safety and Hazard Investigation

Board (the ``Chemical Safety Board'' (CSB) or ``Board''), according to

the requirements of 40 CFR 2.209(c).

DATES: RMPs, including the CBI they may contain, will be distributed to

the CSB 10 days after publication of this document in the Federal

Register.

ADDRESSES: Comments or questions on this document should be mailed or

submitted to the address noted in the following FOR FURTHER INFORMATION

CONTACT section.

FOR FURTHER INFORMATION CONTACT: Dorothy McManus, Chemical Emergency

Preparedness and Prevention Office, Environmental Protection Agency,

401 M St. SW (5104), Washington, DC 20460, (202) 260-8606.

SUPPLEMENTARY INFORMATION: Section 112(r) of the Clean Air Act (CAA)

establishes a program for the prevention and mitigation of accidental

releases of extremely hazardous substances at chemical plants and other

stationary sources. As required by section 112(r)(7)(B), EPA has issued

regulations (40 CFR part 68) requiring sources with more than a

threshold quantity of extremely hazardous substances listed by EPA to

develop and implement a risk management program and submit a RMP

describing that program to the Agency. Under section 112(r)(7)(B)(iii),

all RMPs must also be submitted to the Chemical Safety and Hazard

Investigation Board. The Board is an independent federal agency

established under section 112(r)(6) of the CAA to investigate serious

accidental releases of extremely hazardous substances and to take other

specified actions regarding the prevention of accidental releases.

EPA established procedures for claiming, substantiating, and

protecting CBI in submitted RMPs in Accidental Release Prevention

Requirements; Risk Management Programs Under Clean Air Act Section

112(r)(7), Amendments; Final Rule (see 64 FR 964, January 6, 1999).

Further, EPA stated in the preamble of that rule that any information

claimed or designated as CBI in RMPs will be provided to the CSB in

accordance with EPA's existing CBI regulations at 40 CFR 2.209(c),

Disclosure to other Federal agencies (see 64 FR 964, January 6, 1999).

Under that provision, ``EPA may disclose business information to

another Federal agency if--(1) EPA receives a written request for

disclosures of the information from a duly authorized officer or

employee of the other agency * * * (2) The request * * * sets forth the

official purpose for which the information is needed; and (3) When the

information has been claimed as confidential or has been determined to

be confidential, the responsible EPA office provides notice to each

affected business of the type of information to be disclosed and to

whom it is to be disclosed. At the discretion of the office, such

notice may be given by notice published in the Federal Register at

least 10 days prior to disclosure * * *''

EPA and the CSB entered into a Memorandum of Understanding (MOU) in

March of this year. The MOU notes that CSB has responsibilities under

section 112(r)(6) of the CAA with respect to risk management plans

(RMPs) submitted pursuant to EPA's regulations implementing section

112(r)(7) of the CAA. In order to fulfill its responsibilities, the CSB

needs to have access to all submitted RMPs, including any information

contained in RMPs that is claimed or designated as CBI. In accordance

with the terms of 40 CFR 2.209(c), the CSB in the MOU indicated its

need for access to all RMPs, including any CBI in RMPs. In the MOU, EPA

indicated it would notify RMP submitters via a Federal Register

document that it will provide the CSB with access to all RMPs,

including any CBI in RMPs. In addition, with respect to submitted RMPs,

EPA will advise the CSB of any unresolved business confidentiality

claims and any determinations that information is entitled to

confidential treatment. Further, the CSB will protect from disclosure

any information in RMPs that is subject to an unresolved business

confidentiality claim or that has been designated by EPA as CBI.

Given the foregoing, this Federal Register document serves to

notify owners or operators of sources covered by the risk management

program that all submitted RMPs, including any CBI in RMPs, will be

disclosed by EPA to the CSB.

Jim Makris,

Director, Chemical Emergency Preparedness and Prevention Office.

[FR Doc. 99-19436 Filed 7-28-99; 8:45 am]

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