Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Proposed Rules 34967 

1Earthjustice first informed EPA about the failure 

to place the November 2017 version in the docket 

in an email dated July 9, 2018. Between July 10th 

through close of business on July 11th, EPA 

received requests for a 60 day-extension of the 

comment period from, or on behalf of, the: Utah 

Physicians for a Healthy Environment, Ohio Valley 

Environmental Coalition, the Union of Concerned 

Scientists, Coming Clean, Air Alliance Houston, 

Coalition For A Safe Environment, Clean Air 

Council, Sierra Club, the United Steelworkers, the 

United Autoworkers, and the States of New York, 

Illinois, Maine, Massachusetts, Oregon, Rhode 

Island, and Vermont. 

IV. Conclusion 

We are interested in the public’s 

opinions regarding the matters 

discussed in this concept release. We 

encourage all interested parties to 

submit comments on these topics. In 

addition, we solicit comment on any 

other aspect of Rule 701 and Form 

S–8 that commenters believe may be 

improved upon. 

By the Commission. 

Dated: July 18, 2018. 

Brent J. Fields, 

Secretary. 

[FR Doc. 2018–15731 Filed 7–23–18; 8:45 am] 

BILLING CODE 8011–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 68 

[EPA–HQ–OEM–2015–0725; FRL–9981–07– 

OLEM] 

RIN 2050–AG95 

Accidental Release Prevention 

Requirements: Risk Management 

Programs Under the Clean Air Act; 

Notification of Data Availability and 

Extension of Comment Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; notification of 

data availability and extension of 

comment period. 

SUMMARY: EPA is providing notice that 

it is supplementing the record for the 

proposed Risk Management Program 

(RMP) Reconsideration rule published 

on May 30, 2018. We have placed into 

the rulemaking docket the November 

2017 version of the RMP database 

containing risk management plans 

submitted to EPA. EPA used this 

version to support analysis of changes 

in the RMP reporting facility universe 

discussed in the Regulatory Impact 

Analysis of the proposed 

Reconsideration rule. To afford the 

public an opportunity to comment on 

the updated RMP database and its 

impacts on the proposed 

Reconsideration rule, EPA is extending 

the comment period for the proposed 

rule. 

DATES: The comment period for the 

proposed rule published on May 30, 

2018 at 83 FR 24850, is extended. 

Comments and additional material must 

be received on or before 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: 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? 

During the week of July 9, 2018 

several stakeholders notified EPA that 

we had failed to provide in the 

rulemaking docket for the proposed 

RMP Reconsideration rule (referred to 

herein as the Reconsideration Proposal) 

the risk management plan data we used 

to compare the number of facilities 

reporting in the February 2015 version 

of the RMP database to those reporting 

in the November 2017 version. This 

analysis of the change in the number of 

facilities was presented in the 

Regulatory Impact Analysis (RIA) for the 

Reconsideration Proposal. Stakeholders 

requested that EPA supply the risk 

management plan data used in the RIA 

that supported the comparison analysis. 

They also requested that EPA extend the 

comment period for the Reconsideration 

Proposal for 60 days to allow the public 

to access and review the data so that 

they may have enough time to assess the 

impacts of the updated data on the 

proposal and provide comments.1

As a result, in this supplemental 

action, EPA is providing additional 

information in the docket for the 

proposed action. On July 11, 2018, EPA 

placed into the docket the November 

2017 version of the database containing 

risk management plans submitted by 

RMP facilities. This database does not 

contain the restricted offsite 

consequence analysis (OCA) data. This 

database (Docket ID: EPA–HQ–OEM– 

2015–0725–0989) consists of a digital 

versatile disc (DVD) containing the RMP 

database as a 1.4 gigabyte size file in 

.mdb format. The database file is too 

large to be provided online through 

regulations.gov. To view or receive a 

copy of the DVD, contact the EPA 

Docket Center, Public Reading Room, as 

follows: In person/writing: 

Environmental Protection Agency, 

Docket Center, 1301 Constitution Ave. 

NW, 2822T, Room 3334, Washington, 

DC 20004, telephone: 202–566–1744, 

fax: 202–566–9744, email: docketcustomerservice@epa.gov. EPA will 

address all comments received on the 

supplemental data being provided and 

any comments submitted in response to 

this action in our final rulemaking 

action. EPA is extending the comment 

period for Reconsideration Proposal 

through August 23, 2018. 

II. What is the background for this 

action? 

On May 30, 2018, EPA proposed a 

rule (Reconsideration Proposal) that 

seeks comment on various proposed 

changes to the final RMP Amendments 

rule (Amendments rule) issued on 


jstallworth on DSKBBY8HB2PROD with PROPOSALS
34968 Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Proposed Rules 

January 13, 2017 (82 FR 4594). The 

comment period for the Reconsideration 

Proposal was to end on July 30, 2018. 

The 2017 Amendments rule amended 

40 CFR part 68, the chemical accident 

prevention provisions under section 

112(r) of the CAA (42 U.S.C. 7412(r)). 

The RIA for the Amendments rule 

utilized a February 2015 version of the 

RMP database to compile the universe 

of RMP facilities. The database reflected 

that approximately 12,500 facilities had 

filed current risk management plans 

with EPA and could have been 

potentially affected by the Amendments 

final rule. EPA had provided in the 

rulemaking docket, the non-OCA 

version of the risk management plan 

data submitted by facilities as of 

February 2015. (Docket ID: EPA–HQ– 

OEM–2015–0725–0311). For the RIA for 

the Reconsideration Proposal (Docket 

ID: EPA–HQ–OEM–2015–0725–0907), 

EPA compared the February 2015 

version of the risk management plan 

database to the most recent version of 

the database from November 2017 for 

the purposes of understanding and 

comparing how the universe of RMP 

facilities had changed in the intervening 

period between developing the 

Amendments rule RIA and the 

Reconsideration Proposal RIA. EPA also 

developed a comparison of the number 

of RMP facilities by industry sector, by 

employee size, by RMP program level, 

by process complexity and by 

responding/nonresponding status. 

These counts of RMP facilities are 

presented in various data tables in 

Chapter 3 of the Reconsideration 

Proposal RIA and were extracted from 

the two versions of the RMP database. 

The comparison revealed that the 

number of RMP facilities and processes 

had experienced minor changes in the 

more than two years between 

rulemakings. In total, the number of 

RMP facilities decreased by 1.8% over 

the time-period and included small 

changes in the number of facilities in 

most industry codes and process levels. 

As discussed in Chapter 3 of the 

Reconsideration Proposal RIA, EPA 

determined that the differences between 

the databases were minor, with the 

exception of the number of accidents. 

As a result, EPA utilized the costs 

estimated for the 2017 Amendments 

rule RIA as the baseline set of costs to 

be impacted by the Reconsideration 

Proposal. 

For the Amendments rule, EPA had 

also provided in the docket as a separate 

dataset data on accidents occurring at 

RMP facilities from 2004–2013, as 

reported in the risk management plan 

database as of February 2015. This 

accident data was provided in an Excel 

spreadsheet file (Docket ID: EPA–HQ– 

OEM–2015–0725–0002). This ten-year 

set of accident data was used as the 

basis of some of the cost estimates 

discussed in the Amendments rule RIA. 

EPA provided similar accident data in 

an Excel spreadsheet in the docket for 

RMP accidents occurring in 2014–2016 

(Docket ID: EPA–HQ–OEM–2015–0725– 

0909), as a supporting document for the 

Reconsideration Proposal. EPA 

developed the latter spreadsheet from 

the November 2017 version of the 

database. 

While the various parties requesting 

an extension of the comment period 

asked that EPA extend the period 60 

days, we are extending the comment 

period through August 23, 2018. EPA 

notes that the November 2017 database 

was used for limited purposes in the 

preparation of the Reconsideration 

Proposal. Primarily, it was used to 

corroborate that the information from 

the prior RIA regarding the universe of 

stationary sources subject to the RMP 

rule did not change significantly by the 

time we prepared the RIA for the 

Reconsideration Proposal. Tables in the 

Reconsideration Proposal RIA presented 

the information extracted from the 

database, so the public could always 

comment on the information. The major 

impact was the inability to verify the 

information from its source. The 

updated database also was used to 

confirm that the 2004–2013 trend of 

declining accident rates over time 

continued. EPA included in the 

Reconsideration Proposal docket an 

Excel spreadsheet on accident data for 

RMP accidents occurring from 2014– 

2016 that we derived from the 

November 2017 database. 

Because the November 2017 database 

was used mostly for corroboration, we 

do not believe there were fundamental 

data about sources subject to the RMP 

Rule that could not have been observed 

in the 2015 database that was already in 

the docket. We also note that we have 

docketed the November 2017 RMP 

database (non-OCA version) as of July 

11, 2018 and on July 10, 2018, provided 

it to the first party to draw our attention 

to it not being in the docket. In the 

interest of expeditiously completing the 

reconsideration process and putting into 

effect provisions of the Amendments 

that we intend to retain or modify, we 

believe closing comments on August 23, 

2018 strikes an appropriate balance. 

Dated: July 18, 2018. 

Reggie Cheatham, 

Director, Office of Emergency Management. 

[FR Doc. 2018–15715 Filed 7–23–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2018–0006; FRL–9980–31] 

Receipt of Several Pesticide Petitions 

Filed for Residues of Pesticide 

Chemicals in or on Various 

Commodities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of filing of petitions and 

request for comment. 

SUMMARY: This document announces the 

Agency’s receipt of several initial filings 

of pesticide petitions requesting the 

establishment or modification of 

regulations for residues of pesticide 

chemicals in or on various commodities. 

DATES: Comments must be received on 

or before August 23, 2018. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number and the pesticide petition 

number (PP) of interest as shown in the 

body of this document, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW, Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on commenting 

or visiting the docket, along with more 

information about dockets generally, is 

available at http://www.epa.gov/ 

dockets. 

FOR FURTHER INFORMATION CONTACT: 

Robert McNally, Biopesticides and 

Pollution Prevention Division (BPPD) 

(7511P), main telephone number: (703) 

305–7090; email address: 

BPPDFRNotices@epa.gov., Michael 

Goodis, Registration Division (RD) 

(7505P), main telephone number: (703) 

305–7090; email address RDFRNotices@

epa.gov. The mailing address for each 

contact person is: Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001. 

SUPPLEMENTARY INFORMATION: 


jstallworth on DSKBBY8HB2PROD with PROPOSALS