[Federal Register Volume 64, Number 145 (Thursday, July 29, 1999)]
[Notices]
[Pages 41111-41112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19436]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
