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

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

  [Federal Register: July 29, 1999 (Volume 64, Number 145)]
[Notices]               
[Page 41111-41112]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29jy99-62]                         

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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]
BILLING CODE 6560-50-P

 
 

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