From: Jones, Danielle [mailto:Danielle_Y_Jones@omb.eop.gov] 

Sent: Thursday, January 14, 2016 12:52 PM

To: Cogliano, Gerain <Cogliano.Gerain@epa.gov>

Subject: RE: EO 12866/13563 Interagency Review: Modernization of the Accidental Release Prevention 

Regulations Under Clean Air Act (RIN 2050-AG82)

Attachments: EO 12866 Interagency Comments RMP 2.docx

Gerain,

Here are the remaining comments.

Thanks,

Danielle

From: Cogliano, Gerain [mailto:Cogliano.Gerain@epa.gov] 

Sent: Thursday, January 14, 2016 6:59 AM

To: Jones, Danielle <Danielle_Y_Jones@omb.eop.gov>

Subject: RE: EO 12866/13563 Interagency Review: Modernization of the Accidental Release Prevention 

Regulations Under Clean Air Act (RIN 2050-AG82)

Thanks, Danielle!

From: Jones, Danielle [mailto:Danielle_Y_Jones@omb.eop.gov] 

Sent: Wednesday, January 13, 2016 4:15 PM

To: Cogliano, Gerain <Cogliano.Gerain@epa.gov>

Subject: EO 12866/13563 Interagency Review: Modernization of the Accidental Release Prevention 

Regulations Under Clean Air Act (RIN 2050-AG82)

Hello Gerain,

Attached please find the interagency comments on the EPA’s Modernization of the Accidental Release 

Prevention Regulations Under Clean Air Act proposed rule. We are still waiting for comments from one 

additional review that will be sent separately.

Best,

Danielle

Danielle Y. Jones

Policy Analyst

Office of Management and Budget

Phone: (202) 395-1741 | djones@omb.eop.gov
Attachments: EO 12866 Interagency Comments RMP 2.docx

Summary of Interagency Working Comments on Draft Language under 

EO12866/13563 Interagency Review. Subject to Further Policy Review.

2

1. EPA Guidance entitled “Guidance for Implementing Agencies (February 1998, 

>http://www.epa.gov/sites/production/files/2013-10/documents/iguidfnl.pdf<)” states: “EPA 

expects that the rule will cover all petroleum refineries, many chemical manufacturers (mostly 

manufacturers of basic chemicals), food processors and distributors who have ammonia 

refrigeration systems, other manufacturers such as pulp and paper mills and primary and 

secondary metal manufacturers, propane and agricultural retailers, chemical wholesalers, 

drinking water and wastewater treatment systems, electric utilities, and Federal installations, 

such as military bases and Department of Energy facilities.” EPA’s proposed rule currently does 

not discuss the applicability of the rule to Federal installations, and it would be useful to clarify 

the applicability. At this time, the only mention of Department of Defense or other Federal 

agencies is with respect to disclosure of information: “The disclosure of information classified by 

the Department of Defense or other Federal agencies or contractors of such agencies shall be 

controlled by applicable laws, regulations, or executive orders concerning the release of 

classified information.”

2. Page 25, recommended edit: (chaired by EPA, OSHA, and Department of Homeland Security 

[(DHS]))

3. Page 78, insert comma after (ISD) in the following sentence: “STAA includes concepts known as 

IST or inherently safer design (ISD), which are those strategies that reduce or eliminate the 

hazards associated with materials and operations used in a process. 

4. Page 90, recommended edit: Numerous trade associations (ACC, SOCMA, Independent 

Petroleum Association of America [(IPAA]) and American Exploration & Production Council 

[(AXPC]),