This action may significantly or uniquely affect small governments.
The EPA consulted with small governments concerning the regulatory
requirements that might significantly or uniquely affect them. Through
the July 31, 2014, RFI (79 FR 44604), EPA sought feedback from
governmental entities while formulating the proposed revisions in this
action. Additionally, EPA participated in ongoing consultations with
affected SERs (including small governmental entities) through the SBAR
panel. EPA convened an SBAR panel in accordance with the requirements
of the RFA, as amended by the Small Business Regulatory Enforcement
Fairness Act (SBREFA). Finally, EPA hosted a public hearing on March
29, 2016 to provide interested parties the opportunity to present data,
views or arguments concerning the rule.
    Discussion of comments. EPA received comments concerning unfunded
mandates. Several commenters, including state agencies and a
professional organization, said that the proposed rulemaking adds to
the unfunded mandate for LEPCs, which were never provided with any
source of Federal funding. A few state agencies said that the proposed
field exercises in particular will be a significant unfunded cost for
LEPCs that choose to participate. A state agency, an industry trade
association, and an association of government agencies commented that
these additional costs will adversely affect smaller RMP facilities and
smaller communities with municipal-owned RMP facilities. The industry
trade association also suggested that EPA should consult with these
municipal governments on the impact these proposed requirements will
have on their operating budgets. A professional organization stated
that very few LEPCs are able to support themselves with fees or other
taxes on regulated facilities.
    EPA disagrees that this final rule adds to the burden to LEPCs and
local emergency response organizations. EPA believes that the
amendments to the local coordination requirements clarifies existing
requirements. LEPCs are required to develop community emergency
response plans and the revisions to the RMP rule are intended to ensure
that facility representatives coordinate with LEPC and local emergency
response officials in developing those plans. Furthermore, EPA provided
flexibility in the final rule to allow LEPC and local emergency
response officials to participate as their schedules allow. LEPC and
local emergency response officials are encouraged, but not required, to
participate in facility exercises.
    EPA agrees that the final rule will bear costs for small facilities
and small governments; however, EPA has built flexibility into the rule
provisions to allow facility owners and operators to tailor their risk
management programs to their facility specific circumstances. Third-
party compliance audits, and public meetings apply only following an
RMP reportable accident, root cause analysis applies only after a
catastrophic release (e.g. an RMP-reportable accident) or after an
incident that could reasonably have resulted in a catastrophic release.
STAA analyses are limited to specific NAICS codes, and exercises apply
only to responding facilities. EPA has further revised information
availability requirement to be provided only upon request by a member
of the public. These provisions should minimize costs of the final rule
for small facilities.

E. Executive Order 13132: Federalism

    This action does not have Federalism implications. The EPA
believes, however, that these regulatory revisions may be of
significant interest to local governments. Consistent with the EPA's

policy to promote communications between the EPA and state and local
governments, and to better understand the concerns of local
governments, EPA sought feedback through the July 31, 2014, RFI (79 FR
44604), through the SBREFA process, and a public hearing on March 29,
2016. EPA also hosted a conference call with governmental entities on
May 4, 2016. A copy of the presentation and notes from the meeting are
available in the docket for this action.\127\
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    EPA received comments pertaining to Federalism implications for
this action. An industry trade association asserted that EPA's proposal
to allow local authorities to request that the owner or operator assume
emergency response obligations, which the commenter argues divorces
these organizations from their Federal, state, and/or local legal
obligations, raises Federalism issues by undermining the fundamental
mission of those entities and state delegations of more (or less)
authority to local emergency response organizations. Similarly, other
industry trade associations commented that EPA's proposed delegation of
authority to LEPCs to designate facilities as responding stationary
sources raises significant separation of powers and federalism
concerns. As the basis for this argument, the commenters relied
primarily on the Supreme Court decisions in Printz v. United States
(521 U.S. 898 (1997)) and New York v. United States (505 U.S. 144
(1992)), in which the court held that Federal agencies cannot
``commandeer'' local governments to implement Federal regulatory
programs.
    A few commenters, including an associations of government agencies
and an industry trade association, commented that the Agency had missed
a valuable opportunity to engage local governments prior to the rule's
publication, which the commenter described as counter to EPA's internal
``Guidance on Executive Order 13132: Federalism'' (Nov. 2008) that
specifies that States and local governments must be consulted on rules
if they impose substantial compliance costs, preempt state or local
laws, and/or have substantial direct effects on state and local
governments. Because the commenter does not believe that EPA has
adequately engaged local government agencies, an association of
government agencies requested that EPA delay advancing the proposed
rulemaking and perform a local government impact analysis and
consultation with the nation's cities, counties, and mayors before
finalizing the rule.
    EPA is finalizing requirements for the stationary source owner or
operator to coordinate annually with local emergency planning and
response officials to ensure that the stationary source is included in
the community emergency response plan (for toxic substances) and/or to
coordinate response activities with local emergency responders (for
flammable substances). However, after considering concerns raised by
commenters related to providing LEPCs with the authority to require a
stationary source to develop an emergency response program in
accordance with Sec.  68.95, EPA has eliminated this provision from the
final rule. EPA did not intend this provision to undermine the
fundamental mission of response agencies nor as a delegation of Federal
authority. EPA expects that some stationary source owners or operators
will self-identify a need to develop an emergency response program if
the result of local coordination indicates that the stationary source
is not included in the community emergency response plan (e.g., when an
LEPC is inactive and there is no community emergency response plan or
the existing plan is outdated).
    EPA disagrees with comments that suggest that EPA did not engage
local governments prior to the rule's publication. EPA followed the
agency's internal guidance on Executive Order 13132 when determining
whether to initiate consultation with state and local governments.
Furthermore, through Executive Order 13650 listening sessions,
webinars, consultations, and a public hearing, EPA has engaged states
and local communities to discuss chemical safety issues. Additionally,
EPA has consulted with states and local communities through
participation in the NASTTPO annual meetings to discuss key issues
related to chemical facility and local community coordination and what
areas of the RMP regulations need to be modernized to facilitate this
coordination and improve local emergency preparedness and prevention.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action has tribal implications. However, it will neither
impose substantial direct compliance costs on federally recognized
tribal governments, nor preempt tribal law. There are approximately 260
RMP facilities located on tribal lands. Tribes could be impacted by the
final rule either as an owner or operator of an RMP-regulated facility
or as a Tribal government when the Tribal government conducts emergency
response or emergency preparedness activities under EPCRA.
    The EPA consulted with tribal officials under the EPA Policy on
Consultation and Coordination with Indian Tribes early in the process
of developing this regulation to permit them to have meaningful and
timely input into its development. EPA hosted a public hearing on March
29, 2016 that was open to all interested parties and hosted a total of
two conference calls for interested tribal representatives on April 20,
2016 and April 26, 2016. A summary of each conference call is available
in the docket for this action.\128\ EPA did not receive any written
comments from tribal representatives.
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    As required by section 7(a), the EPA's Tribal Consultation Official
has certified that the requirements of the executive order have been
met in a meaningful and timely manner. A copy of the certification is
included in the docket for this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 because the EPA
does not believe the environmental health risks or safety risks
addressed by this action present a disproportionate risk to children.
The EPA believes that the proposed revisions to the Risk Management
Program regulations would further protect human health, including the
health of children, through advancement of process safety. EPA did not
receive any comments associated with this issue.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution or Use

    This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy. This action is not anticipated to have
notable impacts on emissions, costs or energy supply decisions for the
affected electric utility industry. EPA did not receive any comments
associated with this issue.

I. National Technology Transfer and Advancement Act (NTTAA)

    This action involves technical standards. The EPA is requiring
third-party auditors to be experienced with applicable RAGAGEP, which
include

Voluntary Consensus Standards as well as other measures, for regulated
processes being audited. Numerous different standards apply to
processes regulated under the final rule and their application will
vary depending on the particular process and chemicals involved. EPA is
not listing all the various codes, standards and practices that would
apply to the wide variety of chemical processes covered by this rule as
doing so would be impracticable, given that this rule affects sectors
across many industries and listing the applicable RAGAGEP measures
would require the EPA to update that list every time there was a change
in the industry standards or best practices. The final rule requires
third-party auditors to be familiar with standards applicable to
processes they audit, and to obtain their own copies of applicable
standards where needed. Auditors must be knowledgeable of applicable
consensus standards because the accident prevention program provisions
of the existing rule (subparts C and D) require owners or operators to
comply with RAGAGEP. Therefore, auditors must be knowledgeable of those
practices in order to perform an effective audit. EPA did not receive
any comments associated with this issue.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA believes the human health or environmental risk addressed
by this action will not have potential disproportionately high and
adverse human health or environmental effects on minority, low income,
or indigenous populations. The results of this evaluation are included
in the RIA, located in the docket. EPA received multiple comments
relating to environmental justice concerns.
    Discussion of comments on access to information. Several groups
stated that communities need better transparency and access to
information on hazards and investigations, training on response plans,
and access to inspection and incident reports. A few advocacy groups
commented that the rule should include specific elements to address
disproportionate impacts. A few advocacy groups said that EPA should
create a centralized database available through a Web site and local
community centers and libraries that provides this information. A
facility commented that a Web site is a poor method to communicate
information to individuals in poor or rural communities that may not
have access to computers or the Internet. The commenter also said that
LEPCs already hold public meetings to discuss emergency plans.
    A couple advocacy groups stated that the RMP rule fails to ensure
that at-risk communities near RMP facilities have the information they
need to participate effectively in engagement with facilities. The
groups also argued that the rule does not improve access to summaries
of incident investigation reports, safety audits, and STAA, among other
things, which are essential to ensuring fair treatment. Further, the
groups commented that at-risk communities are not given access to
information on prevention opportunities, and are not invited to
participate in prevention analysis and planning. Another advocacy group
said that the RMP rule should facilitate partnerships and interactions
between facilities, local governments, and the community. A different
group said that EPA should require a community meeting within 30 days
of an incident, require publication of response and evacuation plans
for affected areas, and establish an appeals process for communities to
report when information and engagement opportunities are not provided
as required, among other proposals.
    EPA agrees with commenters that have requested better access to
chemical hazard information at facilities in their communities and
improved public transparency. EPA is finalizing a requirement for
facility owners and operators to share information with the public that
will assist neighboring communities to understand the hazards in their
communities. Facility owners and operators must notify the public that
specific information is available and provide instructions on how to
request that information as well as how to access evacuation and
shelter-in-place procedures for the community. Additionally, following
an RMP reportable accident, facility owner and operators are required
to host a public meeting within 90 days to communicate information
about the accident. This allows sufficient time for facilities to
gather information about the incident to share with the public. EPA
believes that these provisions provides the public with more
information that they can use to protect themselves and their families
in the event of an accidental release at an RMP-regulated facility.
    EPA has included other elements in the final rule that are intended
to address disproportionate impacts of a release to surrounding
communities. For example, EPA is requiring paper manufacturing,
petroleum and coal products manufacturing, and chemical manufacturing
facilities with Program 3 processes to analyze safer technologies for
each process in order to consider ways to reduce and remove hazards.
EPA is also encouraging better coordination between local emergency
response organizations and facility representatives annually and during
facility exercises which will lead to more effective community
emergency response plans and mitigate the impacts of an accidental
release to the surrounding community. EPA encourages facility
representatives to attend LEPC meetings along with the public to
facilitate partnerships among these representatives.
    EPA disagrees with commenters that suggest creating a centralized
database available through a Web site and local community centers and
libraries to provide this information. Establishing such a centralized
database would be costly, difficult to maintain, information would
quickly become outdated, and a centralized database could create
security vulnerabilities. See section VI.B of this preamble for more
information on information availability to the public.
    EPA recognizes that some community residents want to participate in
prevention planning and have access to incident investigation reports,
safety audits, and STAA. However, community input can be effective in
other ways that relate to community planning. EPA encourages community
residents to become active in their LEPCs who are already working to
reduce hazards for local communities. Providing access to facility
reports outside of existing community planning activities could result
in duplicative work and increased burden for communities, emergency
responders, and facility staff.
    Furthermore, developing a risk management program involves process
hazards analyses and hierarchies of controls developed by trained
professionals. Investigation reports, safety audits and STAA are often
complicated and contain technical jargon, which can be difficult to
understand without the proper training. Information in these reports
can also reveal security vulnerabilities which may put communities in
greater danger of terrorism if released.
    Discussion of comments on meaningful involvement. A few commenters,
including advocacy groups, said that the only meaningful involvement
EPA has facilitated included collecting input to shape the proposed
rulemaking. The commenters said that there is no analysis in the rule
on whether or how the rule would facilitate meaningful involvement by
at-

risk or environmental justice (EJ) communities.
    EPA believes there were numerous opportunities for the public to
provide meaningful input on this final rule. This final rule was
developed following extensive public feedback through Executive Order
13650 listening sessions, public comments on the RFI and the proposed
rulemaking, and the public hearing held on March 29, 2016. EPA has
incorporated requirements in the final rule to prevent accidental
releases, mitigate the impacts of releases that do occur, and share
chemical hazard information with the public.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 68

    Environmental protection, Administrative practice and procedure,
Air pollution control, Chemicals, Hazardous substances,
Intergovernmental relations, Reporting and recordkeeping requirements.

    Dated: December 21, 2016.
Gina McCarthy,
Administrator.

    For the reasons set out in the preamble, title 40, chapter I, part
68, of the Code of Federal Regulations is amended as follows:

PART 68--CHEMICAL ACCIDENT PREVENTION PROVISIONS

0
1. The authority citation for part 68 continues to read as follows:

    Authority:  42 U.S.C. 7412(r), 7601(a)(1), 7661-7661f.

0
2. Amend Sec.  68.3 by adding in alphabetical order the definitions
``Active measures'', ``CBI'', ``Inherently safer technology or
design'', ``LEPC'', ``Passive measures'', ``Practicability'',
``Procedural measures'', ``Root cause'', and ``Third-party audit'' to
read as follows:

Sec.  68.3  Definitions.

* * * * *
    Active measures mean risk management measures or engineering
controls that rely on mechanical, or other energy input to detect and
respond to process deviations. Examples of active measures include
alarms, safety instrumented systems, and detection hardware (such as
hydrocarbon sensors).
* * * * *
    CBI means confidential business information.
* * * * *
    Inherently safer technology or design means risk management
measures that minimize the use of regulated substances, substitute less
hazardous substances, moderate the use of regulated substances, or
simplify covered processes in order to make accidental releases less
likely, or the impacts of such releases less severe.
* * * * *
    LEPC means local emergency planning committee as established under
42 U.S.C. 11001(c).
* * * * *
    Passive measures mean risk management measures that use design
features that reduce either the frequency or consequence of the hazard
without human, mechanical, or other energy input. Examples of passive
measures include pressure vessel designs, dikes, berms, and blast
walls.
* * * * *
    Practicability means the capability of being successfully
accomplished within a reasonable time, accounting for economic,
environmental, legal, social, and technological factors. Environmental
factors would include consideration of potential transferred risks for
new risk reduction measures.
    Procedural measures mean risk management measures such as policies,
operating procedures, training, administrative controls, and emergency
response actions to prevent or minimize incidents.
* * * * *
    Root cause means a fundamental, underlying, system-related reason
why an incident occurred.
* * * * *
    Third-party audit means a compliance audit conducted pursuant to
the requirements of Sec.  68.59 and/or Sec.  68.80, performed or led by
an entity (individual or firm) meeting the competency and independence
described in Sec.  68.59(c) or Sec.  68.80(c).
* * * * *

0
3. Amend Sec.  68.10 by:
0
a. Revising paragraph (a);
0
b. Redesignating paragraphs (b) through (f) as paragraphs (f) through
(j);
0
c. Adding new paragraphs (b) through (e); and
0
d. Revising the newly designated paragraph (f)(2).
    The revisions and additions read as follow:

Sec.  68.10  Applicability.

    (a) Except as provided in paragraphs (b) through (e) of this
section, an owner or operator of a stationary source that has more than
a threshold quantity of a regulated substance in a process, as
determined under Sec.  68.115, shall comply with the requirements of
this part no later than the latest of the following dates:
    (1) June 21, 1999;
    (2) Three years after the date on which a regulated substance is
first listed under Sec.  68.130;
    (3) The date on which a regulated substance is first present above
a threshold quantity in a process; or
    (4) For any revisions to this part, the effective date of the final
rule that revises this part.
    (b) By March 14, 2018 the owner or operator of a stationary source
shall comply with the emergency response coordination activities in
Sec.  68.93.
    (c) Within three years of when the owner or operator determines
that the stationary source is subject to the emergency response program
requirements of Sec.  68.95, pursuant to Sec.  68.90(a), the owner or
operator must develop and implement an emergency response program in
accordance with Sec.  68.95.
    (d) By March 15, 2021, the owner or operator shall comply with the
following provisions promulgated on January 13, 2017:
    (1) Third-party audit provisions in Sec. Sec.  68.58(f), 68.58(g),
68.58(h), 68.59, 68.79(f), 68.79(g), 68.79(h), and 68.80;
    (2) Incident investigation root cause analysis provisions in
Sec. Sec.  68.60(d)(7) and 68.81(d)(7);
    (3) Safer technology and alternatives analysis provisions in Sec.
68.67(c)(8);
    (4) Emergency response exercise provisions of Sec.  68.96, and;
    (5) Availability of information provisions in Sec.  68.210(b)
through (e).
    (e) By March 14, 2022, the owner or operator shall comply with the
risk management plan provisions of subpart G of this part promulgated
on January 13, 2017.
    (f) * * *
    (2) The distance to a toxic or flammable endpoint for a worst-case
release assessment conducted under subpart B and Sec.  68.25 is less
than the distance to any public receptor, as defined in Sec.  68.3; and
* * * * *

0
4. Amend Sec.  68.12 by:
0
a. Revising paragraphs (c)(4) and (5), and adding paragraph (c)(6); and
0
b. Revising paragraphs (d)(4) and (5), and adding paragraph (d)(6).
    The revisions and additions read as follows:

Sec.  68.12  General requirements.

* * * * *

    (c) * * *
    (4) Coordinate response actions with local emergency planning and
response agencies as provided in Sec.  68.93;
    (5) Develop and implement an emergency response program, and
conduct exercises, as provided in Sec. Sec.  68.90 to 68.96; and
    (6) Submit as part of the RMP the data on prevention program
elements for Program 2 processes as provided in Sec.  68.170.
    (d) * * *
    (4) Coordinate response actions with local emergency planning and
response agencies as provided in Sec.  68.93;
    (5) Develop and implement an emergency response program, and
conduct exercises, as provided in Sec. Sec.  68.90 to 68.96; and
    (6) Submit as part of the RMP the data on prevention program
elements for Program 3 processes as provided in Sec.  68.175.

0
5. Amend Sec.  68.48 by revising paragraph (a)(1) to read as follows:

Sec.  68.48  Safety information.

    (a) * * *
    (1) Safety Data Sheets (SDS) that meet the requirements of 29 CFR
1910.1200(g);
* * * * *

0
6. Amend Sec.  68.50 by revising paragraph (a)(2) to read as follows:

Sec.  68.50  Hazard review.

    (a) * * *
    (2) Opportunities for equipment malfunctions or human errors that
could cause an accidental release, including findings from incident
investigations;
* * * * *

0
7. Amend Sec.  68.54 by revising paragraphs (a), (b), and (d); and
adding paragraph (e) to read as follows:

Sec.  68.54  Training.

    (a) The owner or operator shall ensure that each employee presently
involved in operating a process, and each employee newly assigned to a
covered process have been trained or tested competent in the operating
procedures provided in Sec.  68.52 that pertain to their duties. For
those employees already operating a process on June 21, 1999, the owner
or operator may certify in writing that the employee has the required
knowledge, skills, and abilities to safely carry out the duties and
responsibilities as provided in the operating procedures.
    (b) Refresher training. Refresher training shall be provided at
least every three years, and more often if necessary, to each employee
involved in operating a process to ensure that the employee understands
and adheres to the current operating procedures of the process. The
owner or operator, in consultation with the employees operating the
process, shall determine the appropriate frequency of refresher
training.
* * * * *
    (d) The owner or operator shall ensure that employees involved in
operating a process are trained in any updated or new procedures prior
to startup of a process after a major change.
    (e) For the purposes of this section, the term employee also
includes supervisors responsible for directing process operations.

0
8. Amend Sec.  68.58 by revising paragraph (a) and adding paragraphs
(f) through (h) to read as follows:

Sec.  68.58  Compliance audits.

    (a) The owner or operator shall certify that they have evaluated
compliance with the provisions of this subpart for each covered
process, at least every three years to verify that the procedures and
practices developed under the rule are adequate and are being followed.
When required as set forth in paragraph (f) of this section, the
compliance audit shall be a third-party audit.
* * * * *
    (f) Third-party audit applicability. The next required compliance
audit shall be a third-party audit when one of the following conditions
apply:
    (1) An accidental release meeting the criteria in Sec.  68.42(a)
from a covered process at a stationary source has occurred; or
    (2) An implementing agency requires a third-party audit due to
conditions at the stationary source that could lead to an accidental
release of a regulated substance, or when a previous third-party audit
failed to meet the competency or independence criteria of Sec.
68.59(c).
    (g) Implementing agency notification and appeals. (1) If an
implementing agency makes a preliminary determination that a third-
party audit is necessary pursuant to paragraph (f)(2) of this section,
the implementing agency will provide written notice to the owner or
operator that describes the basis for this determination.
    (2) Within 30 days of receipt of such written notice, the owner or
operator may provide information and data to, and may consult with, the
implementing agency on the determination. Thereafter, the implementing
agency will provide a final determination to the owner or operator.
    (3) If the final determination requires a third-party audit, the
owner or operator shall comply with the requirements of Sec.  68.59,
pursuant to the schedule in paragraph (h) of this section.
    (4) Appeals. The owner or operator may appeal a final determination
made by an implementing agency under paragraph (g)(2) of this section
within 30 days of receipt of the final determination. The appeal shall
be made to the EPA Regional Administrator, or for determinations made
by other implementing agencies, the administrator or director of such
implementing agency. The appeal shall contain a clear and concise
statement of the issues, facts in the case, and any relevant additional
information. In reviewing the appeal, the implementing agency may
request additional information from the owner or operator. The
implementing agency will provide a written, final decision on the
appeal to the owner or operator.
    (h) Schedule for conducting a third-party audit. The audit and
audit report shall be completed as follows, unless a different
timeframe is specified by the implementing agency:
    (1) For third-party audits required pursuant to paragraph (f)(1) of
this section, within 12 months of the release; or
    (2) For third-party audits required pursuant to paragraph (f)(2) of
this section, within 12 months of the date of the final determination
pursuant to paragraph (g)(3) of this section. However, if the final
determination is appealed pursuant to paragraph (g)(4) of this section,
within 12 months of the date of the final decision on the appeal.

0
9. Section 68.59 is added to subpart C to read as follows:

Sec.  68.59  Third-party audits.

    (a) Applicability. The owner or operator shall engage a third-party
to conduct an audit that evaluates compliance with the provisions of
this subpart in accordance with the requirements of this section when
either criterion of Sec.  68.58(f) is met.
    (b) Third-party auditors and auditing teams. The owner or operator
shall either:
    (1) Engage a third-party auditor meeting all of the competency and
independence criteria in paragraph (c) of this section; or
    (2) Assemble an auditing team, led by a third-party auditor meeting
all of the competency and independence criteria in paragraph (c) of
this section. The team may include:
    (i) Other employees of the third-party auditor firm meeting the
independence criteria of paragraph (c)(2) of this section; and

    (ii) Other personnel not employed by the third-party auditor firm,
including facility personnel.
    (c) Third-party auditor qualifications. The owner or operator shall
determine and document that the third-party auditor(s) meet the
following competency and independence requirements:
    (1) Competency requirements. The third-party auditor(s) shall be:
    (i) Knowledgeable with the requirements of this part;
    (ii) Experienced with the stationary source type and processes
being audited and applicable recognized and generally accepted good
engineering practices; and
    (iii) Trained and/or certified in proper auditing techniques.
    (2) Independence requirements. The third-party auditor(s) shall:
    (i) Act impartially when performing all activities under this
section;
    (ii) Receive no financial benefit from the outcome of the audit,
apart from payment for auditing services. For purposes of this
paragraph, retired employees who otherwise satisfy the third-party
auditor independence criteria in this section may qualify as
independent if their sole continuing financial attachments to the owner
or operator are employer-financed or managed retirement and/or health
plans;
    (iii) Not have conducted past research, development, design,
construction services, or consulting for the owner or operator within
the last two years. For purposes of this requirement, consulting does
not include performing or participating in third-party audits pursuant
to Sec.  68.59 or Sec.  68.80. An audit firm with personnel who, before
working for the auditor, conducted research, development, design,
construction, or consulting services for the owner or operator within
the last two years as an employee or contractor may meet the
requirements of this subsection by ensuring such personnel do not
participate in the audit, or manage or advise the audit team concerning
the audit;
    (iv) Not provide other business or consulting services to the owner
or operator, including advice or assistance to implement the findings
or recommendations in an audit report, for a period of at least two
years following submission of the final audit report;
    (v) Ensure that all third-party personnel involved in the audit
sign and date a conflict of interest statement documenting that they
meet the independence criteria of this paragraph; and
    (vi) Ensure that all third-party personnel involved in the audit do
not accept future employment with the owner or operator of the
stationary source for a period of at least two years following
submission of the final audit report. For purposes of this requirement,
employment does not include performing or participating in third-party
audits pursuant to Sec.  68.59 or Sec.  68.80.
    (3) The auditor shall have written policies and procedures to
ensure that all personnel comply with the competency and independence
requirements of this section.
    (d) Third-party auditor responsibilities. The owner or operator
shall ensure that the third-party auditor:
    (1) Manages the audit and participates in audit initiation, design,
implementation, and reporting;
    (2) Determines appropriate roles and responsibilities for the audit
team members based on the qualifications of each team member;
    (3) Prepares the audit report and where there is a team, documents
the full audit team's views in the final audit report;
    (4) Certifies the final audit report and its contents as meeting
the requirements of this section; and
    (5) Provides a copy of the audit report to the owner or operator.
    (e) Audit report. The audit report shall:
    (1) Identify all persons participating on the audit team, including
names, titles, employers and/or affiliations, and summaries of
qualifications. For third-party auditors, include information
demonstrating that the competency requirements in paragraph (c)(1) of
this section are met;
    (2) Describe or incorporate by reference the policies and
procedures required under paragraph (c)(3) of this section;
    (3) Document the auditor's evaluation, for each covered process, of
the owner or operator's compliance with the provisions of this subpart
to determine whether the procedures and practices developed by the
owner or operator under this rule are adequate and being followed;
    (4) Document the findings of the audit, including any identified
compliance or performance deficiencies;
    (5) Summarize any significant revisions (if any) between draft and
final versions of the report; and
    (6) Include the following certification, signed and dated by the
third-party auditor or third-party audit team member leading the audit:

    I certify that this RMP compliance audit report was prepared
under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gather and
evaluate the information upon which the audit is based. I further
certify that the audit was conducted and this report was prepared
pursuant to the requirements of subpart C of 40 CFR part 68 and all
other applicable auditing, competency, independence, impartiality,
and conflict of interest standards and protocols. Based on my
personal knowledge and experience, and inquiry of personnel involved
in the audit, the information submitted herein is true, accurate,
and complete.

    (f) Third-party audit findings--(1) Findings response report. As
soon as possible, but no later than 90 days after receiving the final
audit report, the owner or operator shall determine an appropriate
response to each of the findings in the audit report, and develop a
findings response report that includes:
    (i) A copy of the final audit report;
    (ii) An appropriate response to each of the audit report findings;
    (iii) A schedule for promptly addressing deficiencies; and
    (iv) A certification, signed and dated by a senior corporate
officer, or an official in an equivalent position, of the owner or
operator of the stationary source, stating:

    I certify under penalty of law that I have engaged a third-party
to perform or lead an audit team to conduct a third-party audit in
accordance with the requirements of 40 CFR 68.59 and that the
attached RMP compliance audit report was received, reviewed, and
responded to under my direction or supervision by qualified
personnel. I further certify that appropriate responses to the
findings have been identified and deficiencies were corrected, or
are being corrected, consistent with the requirements of subpart C
of 40 CFR part 68, as documented herein. Based on my personal
knowledge and experience, or inquiry of personnel involved in
evaluating the report findings and determining appropriate responses
to the findings, the information submitted herein is true, accurate,
and complete. I am aware that there are significant penalties for
making false material statements, representations, or
certifications, including the possibility of fines and imprisonment
for knowing violations.

    (2) Schedule implementation. The owner or operator shall implement
the schedule to address deficiencies identified in the audit findings
response report in paragraph (f)(1)(iii) of this section and document
the action taken to address each deficiency, along with the date
completed.
    (3) Submission to Board of Directors. The owner or operator shall
immediately provide a copy of each document required under paragraphs
(f)(1) and (2) of this section, when completed, to the owner or
operator's

audit committee of the Board of Directors, or other comparable
committee or individual, if applicable.
    (g) Recordkeeping. The owner or operator shall retain at the
stationary source, the two most recent final third-party audit reports,
related findings response reports, documentation of actions taken to
address deficiencies, and related records. This requirement does not
apply to any document that is more than five years old.

0
10. Amend Sec.  68.60 by:
0
a. Revising paragraph (a);
0
b. Redesignating paragraphs (c) through (f) as paragraphs (d) through
(g);
0
c. Adding a new paragraph (c); and
0
d. Revising the newly designated paragraphs (d) and (g).
    The revisions and additions read as follows:

Sec.  68.60  Incident investigation.

    (a) The owner or operator shall investigate each incident that:
    (1) Resulted in a catastrophic release (including when the affected
process is decommissioned or destroyed following, or as the result of,
an incident); or
    (2) Could reasonably have resulted in a catastrophic release (i.e.,
was a near miss).
* * * * *
    (c) An incident investigation team shall be established and consist
of at least one person knowledgeable in the process involved and other
persons with appropriate knowledge and experience to thoroughly
investigate and analyze the incident.
    (d) A report shall be prepared at the conclusion of the
investigation. The report shall be completed within 12 months of the
incident, unless the implementing agency approves, in writing, an
extension of time. The report shall include:
    (1) Date, time, and location of incident;
    (2) Date investigation began;
    (3) A description of the incident, in chronological order,
providing all relevant facts;
    (4) The name and amount of the regulated substance involved in the
release (e.g., fire, explosion, toxic gas loss of containment) or near
miss and the duration of the event;
    (5) The consequences, if any, of the incident including, but not
limited to: injuries, fatalities, the number of people evacuated, the
number of people sheltered in place, and the impact on the environment;
    (6) Emergency response actions taken;
    (7) The factors that contributed to the incident including the
initiating event, direct and indirect contributing factors, and root
causes. Root causes shall be determined by conducting an analysis for
each incident using a recognized method; and
    (8) Any recommendations resulting from the investigation and a
schedule for addressing them.
* * * * *
    (g) Incident investigation reports shall be retained for five
years.

0
11. Amend Sec.  68.65 by revising the first sentence of paragraph (a)
and the note to paragraph (b) to read as follows:

Sec.  68.65  Process safety information.

    (a) The owner or operator shall complete a compilation of written
process safety information before conducting any process hazard
analysis required by the rule, and shall keep process safety
information up-to-date. * * *
    (b) * * *

    Note to paragraph (b):  Safety Data Sheets (SDS) meeting the
requirements of 29 CFR 1910.1200(g) may be used to comply with this
requirement to the extent they contain the information required by
paragraph (b) of this section.

* * * * *

0
12. Amend Sec.  68.67 by:
0
a. Revising paragraph (c)(2);
0
b. Amending paragraph (c)(6) by removing the word ``and;''
0
c. Amending paragraph (c)(7) by removing the period at the end of the
paragraph and adding ``; and'' in its place; and
0
d. Adding paragraph (c)(8).
    The revisions and additions read as follows:

Sec.  68.67  Process hazard analysis.

* * * * *
    (c) * * *
    (2) The findings from all incident investigations required under
Sec.  68.81, as well as any other potential failure scenarios;
* * * * *
    (8) For processes in NAICS 322, 324, and 325, safer technology and
alternative risk management measures applicable to eliminating or
reducing risk from process hazards.
    (i) The owner or operator shall consider, in the following order of
preference inherently safer technology or design, passive measures,
active measures, and procedural measures. A combination of risk
management measures may be used to achieve the desired risk reduction.
    (ii) The owner or operator shall determine the practicability of
the inherently safer technologies and designs considered.
* * * * *

0
13. Amend Sec.  68.71 by adding paragraph (d) to read as follows:

Sec.  68.71  Training.

* * * * *
    (d) For the purposes of this section, the term employee also
includes supervisors with process operational responsibilities.

0
14. Amend Sec.  68.79 by revising paragraph (a) and adding paragraphs
(f) through (h) to read as follows:

Sec.  68.79  Compliance audits.

    (a) The owner or operator shall certify that they have evaluated
compliance with the provisions of this subpart for each covered
process, at least every three years to verify that the procedures and
practices developed under the rule are adequate and are being followed.
When required as set forth in paragraph (f) of this section, the
compliance audit shall be a third-party audit.
* * * * *
    (f) Third-party audit applicability. The next required compliance
audit shall be a third-party audit when one of the following conditions
apply:
    (1) An accidental release meeting the criteria in Sec.  68.42(a)
from a covered process at a stationary source has occurred; or
    (2) An implementing agency requires a third-party audit due to
conditions at the stationary source that could lead to an accidental
release of a regulated substance, or when a previous third-party audit
failed to meet the competency or independence criteria of Sec.
68.80(c).
    (g) Implementing agency notification and appeals. (1) If an
implementing agency makes a preliminary determination that a third-
party audit is necessary pursuant to paragraph (f)(2) of this section,
the implementing agency will provide written notice to the owner or
operator that describes the basis for this determination.
    (2) Within 30 days of receipt of such written notice, the owner or
operator may provide information and data to, and may consult with, the
implementing agency on the determination. Thereafter, the implementing
agency will provide a final determination to the owner or operator.
    (3) If the final determination requires a third-party audit, the
owner or operator shall comply with the requirements of Sec.  68.80,
pursuant to the schedule in paragraph (h) of this section.
    (4) Appeals. The owner or operator may appeal a final determination
made by an implementing agency under paragraph (g)(2) of this section
within

30 days of receipt of the final determination. The appeal shall be made
to the EPA Regional Administrator, or for determinations made by other
implementing agencies, the administrator or director of such
implementing agency. The appeal shall contain a clear and concise
statement of the issues, facts in the case, and any relevant additional
information. In reviewing the appeal, the implementing agency may
request additional information from the owner or operator. The
implementing agency will provide a written, final decision on the
appeal to the owner or operator.
    (h) Schedule for conducting a third-party audit. The audit and
audit report shall be completed as follows, unless a different
timeframe is specified by the implementing agency:
    (1) For third-party audits required pursuant to paragraph (f)(1) of
this section, within 12 months of the release; or
    (2) For third-party audits required pursuant to paragraph (f)(2) of
this section, within 12 months of the date of the final determination
pursuant to paragraph (g)(3) of this section. However, if the final
determination is appealed pursuant to paragraph (g)(4) of this section,
within 12 months of the date of the final decision on the appeal.

0
15. Section 68.80 is added to subpart D to read as follows:

Sec.  68.80  Third-party audits.

    (a) Applicability. The owner or operator shall engage a third-party
to conduct an audit that evaluates compliance with the provisions of
this subpart in accordance with the requirements of this section when
either criterion of Sec.  68.79(f) is met.
    (b) Third-party auditors and auditing teams. The owner or operator
shall either:
    (1) Engage a third-party auditor meeting all of the competency and
independence criteria in paragraph (c) of this section; or
    (2) Assemble an auditing team, led by a third-party auditor meeting
all of the competency and independence criteria in paragraph (c) of
this section. The team may include:
    (i) Other employees of the third-party auditor firm meeting the
independence criteria of paragraph (c)(2) of this section; and
    (ii) Other personnel not employed by the third-party auditor firm,
including facility personnel.
    (c) Third-party auditor qualifications. The owner or operator shall
determine and document that the third-party auditor(s) meet the
following competency and independence requirements:
    (1) Competency requirements. The third-party auditor(s) shall be:
    (i) Knowledgeable with the requirements of this part;
    (ii) Experienced with the stationary source type and processes
being audited and applicable recognized and generally accepted good
engineering practices; and
    (iii) Trained or certified in proper auditing techniques.
    (2) Independence requirements. The third-party auditor(s) shall:
    (i) Act impartially when performing all activities under this
section;
    (ii) Receive no financial benefit from the outcome of the audit,
apart from payment for auditing services. For purposes of this
paragraph, retired employees who otherwise satisfy the third-party
auditor independence criteria in this section may qualify as
independent if their sole continuing financial attachments to the owner
or operator are employer-financed or managed retirement and/or health
plans;
    (iii) Not have conducted past research, development, design,
construction services, or consulting for the owner or operator within
the last two years. For purposes of this requirement, consulting does
not include performing or participating in third-party audits pursuant
to Sec.  68.59 or Sec.  68.80. An audit firm with personnel who, before
working for the auditor, conducted research, development, design,
construction, or consulting services for the owner or operator within
the last two years as an employee or contractor may meet the
requirements of this subsection by ensuring such personnel do not
participate in the audit, or manage or advise the audit team concerning
the audit;
    (iv) Not provide other business or consulting services to the owner
or operator, including advice or assistance to implement the findings
or recommendations in an audit report, for a period of at least two
years following submission of the final audit report;
    (v) Ensure that all third-party personnel involved in the audit
sign and date a conflict of interest statement documenting that they
meet the independence criteria of this paragraph; and
    (vi) Ensure that all third-party personnel involved in the audit do
not accept future employment with the owner or operator of the
stationary source for a period of at least two years following
submission of the final audit report. For purposes of this requirement,
employment does not include performing or participating in third-party
audits pursuant to Sec.  68.59 or Sec.  68.80.
    (3) The auditor shall have written policies and procedures to
ensure that all personnel comply with the competency and independence
requirements of this section.
    (d) Third-party auditor responsibilities. The owner or operator
shall ensure that the third-party auditor:
    (1) Manages the audit and participates in audit initiation, design,
implementation, and reporting;
    (2) Determines appropriate roles and responsibilities for the audit
team members based on the qualifications of each team member;
    (3) Prepares the audit report and where there is a team, documents
the full audit team's views in the final audit report;
    (4) Certifies the final audit report and its contents as meeting
the requirements of this section; and
    (5) Provides a copy of the audit report to the owner or operator.
    (e) Audit report. The audit report shall:
    (1) Identify all persons participating on the audit team, including
names, titles, employers and/or affiliations, and summaries of
qualifications. For third-party auditors, include information
demonstrating that the competency requirements in paragraph (c)(1) of
this section are met;
    (2) Describe or incorporate by reference the policies and
procedures required under paragraph (c)(3) of this section;
    (3) Document the auditor's evaluation, for each covered process, of
the owner or operator's compliance with the provisions of this subpart
to determine whether the procedures and practices developed by the
owner or operator under this rule are adequate and being followed;
    (4) Document the findings of the audit, including any identified
compliance or performance deficiencies;
    (5) Summarize any significant revisions (if any) between draft and
final versions of the report; and
    (6) Include the following certification, signed and dated by the
third-party auditor or third-party audit team member leading the audit:

    I certify that this RMP compliance audit report was prepared
under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gather and
evaluate the information upon which the audit is based. I further
certify that the audit was conducted and this report was prepared
pursuant to the requirements of subpart D of 40 CFR part 68 and all
other applicable auditing,

competency, independence, impartiality, and conflict of interest
standards and protocols. Based on my personal knowledge and
experience, and inquiry of personnel involved in the audit, the
information submitted herein is true, accurate, and complete.

    (f) Third-party audit findings--(1) Findings response report. As
soon as possible, but no later than 90 days after receiving the final
audit report, the owner or operator shall determine an appropriate
response to each of the findings in the audit report, and develop a
findings response report that includes:
    (i) A copy of the final audit report;
    (ii) An appropriate response to each of the audit report findings;
    (iii) A schedule for promptly addressing deficiencies; and
    (iv) A certification, signed and dated by a senior corporate
officer, or an official in an equivalent position, of the owner or
operator of the stationary source, stating:

    I certify under penalty of law that I have engaged a third-party
to perform or lead an audit team to conduct a third-party audit in
accordance with the requirements of 40 CFR 68.80 and that the
attached RMP compliance audit report was received, reviewed, and
responded to under my direction or supervision by qualified
personnel. I further certify that appropriate responses to the
findings have been identified and deficiencies were corrected, or
are being corrected, consistent with the requirements of subpart D
of 40 CFR part 68, as documented herein. Based on my personal
knowledge and experience, or inquiry of personnel involved in
evaluating the report findings and determining appropriate responses
to the findings, the information submitted herein is true, accurate,
and complete. I am aware that there are significant penalties for
making false material statements, representations, or
certifications, including the possibility of fines and imprisonment
for knowing violations.

    (2) Schedule implementation. The owner or operator shall implement
the schedule to address deficiencies identified in the audit findings
response report in paragraph (f)(1)(iii) of this section and document
the action taken to address each deficiency, along with the date
completed.
    (3) Submission to Board of Directors. The owner or operator shall
immediately provide a copy of each document required under paragraphs
(f)(1) and (2) of this section, when completed, to the owner or
operator's audit committee of the Board of Directors, or other
comparable committee or individual, if applicable.
    (g) Recordkeeping. The owner or operator shall retain at the
stationary source the two most recent final third-party audit reports,
related findings response reports, documentation of actions taken to
address deficiencies, and related records.

0
16. Amend Sec.  68.81 by revising paragraphs (a), (d) introductory
text, (d)(1), (d)(3) through (5), and adding paragraphs (d)(6) through
(8) to read as follows:

Sec.  68.81  Incident investigation.

    (a) The owner or operator shall investigate each incident that:
    (1) Resulted in a catastrophic release (including when the affected
process is decommissioned or destroyed following, or as the result of,
an incident); or
    (2) Could reasonably have resulted in a catastrophic release (i.e.,
was a near miss).
* * * * *
    (d) A report shall be prepared at the conclusion of the
investigation. The report shall be completed within 12 months of the
incident, unless the implementing agency approves, in writing, an
extension of time. The report shall include:
    (1) Date, time, and location of incident;
* * * * *
    (3) A description of the incident, in chronological order,
providing all relevant facts;
    (4) The name and amount of the regulated substance involved in the
release (e.g., fire, explosion, toxic gas loss of containment) or near
miss and the duration of the event;
    (5) The consequences, if any, of the incident including, but not
limited to: injuries, fatalities, the number of people evacuated, the
number of people sheltered in place, and the impact on the environment;
    (6) Emergency response actions taken;
    (7) The factors that contributed to the incident including the
initiating event, direct and indirect contributing factors, and root
causes. Root causes shall be determined by conducting an analysis for
each incident using a recognized method; and
    (8) Any recommendations resulting from the investigation and a
schedule for addressing them.
* * * * *

0
17. Revise Sec.  68.90 to read as follows:

Sec.  68.90  Applicability.

    (a) Responding stationary source. Except as provided in paragraph
(b) of this section, the owner or operator of a stationary source with
Program 2 and Program 3 processes shall comply with the requirements of
Sec. Sec.  68.93, 68.95, and 68.96.
    (b) Non-responding stationary source. The owner or operator of a
stationary source whose employees will not respond to accidental
releases of regulated substances need not comply with Sec.  68.95 of
this part provided that:
    (1) For stationary sources with any regulated toxic substance held
in a process above the threshold quantity, the stationary source is
included in the community emergency response plan developed under 42
U.S.C. 11003;
    (2) For stationary sources with only regulated flammable substances
held in a process above the threshold quantity, the owner or operator
has coordinated response actions with the local fire department;
    (3) Appropriate mechanisms are in place to notify emergency
responders when there is a need for a response;
    (4) The owner or operator performs the annual emergency response
coordination activities required under Sec.  68.93; and
    (5) The owner or operator performs the annual notification
exercises required under Sec.  68.96(a).

0
18. Section 68.93 is added to subpart E to read as follows:

Sec.  68.93  Emergency response coordination activities.

    The owner or operator of a stationary source shall coordinate
response needs with local emergency planning and response organizations
to determine how the stationary source is addressed in the community
emergency response plan and to ensure that local response organizations
are aware of the regulated substances at the stationary source, their
quantities, the risks presented by covered processes, and the resources
and capabilities at the stationary source to respond to an accidental
release of a regulated substance.
    (a) Coordination shall occur at least annually, and more frequently
if necessary, to address changes: At the stationary source; in the
stationary source's emergency response and/or emergency action plan;
and/or in the community emergency response plan.
    (b) Coordination shall include providing to the local emergency
planning and response organizations: The stationary source's emergency
response plan if one exists; emergency action plan; updated emergency
contact information; and any other information that local emergency
planning and response organizations identify as relevant to local
emergency response planning. For responding stationary sources,
coordination shall also include consulting with local emergency
response officials to establish appropriate schedules and plans for
field and tabletop exercises required under Sec.  68.96(b). The owner
or operator

shall request an opportunity to meet with the local emergency planning
committee (or equivalent) and/or local fire department as appropriate
to review and discuss these materials.
    (c) The owner or operator shall document coordination with local
authorities, including: The names of individuals involved and their
contact information (phone number, email address, and organizational
affiliations); dates of coordination activities; and nature of
coordination activities.

0
19. Amend Sec.  68.95 by:
0
a. Revising paragraph (a)(1)(i);
0
b. Adding a sentence to the end of paragraph (a)(4); and
0
c. Revising paragraph (c).
    The revisions and addition read as follows:

68.95  Emergency response program.

    (a) * * *
    (1) * * *
    (i) Procedures for informing the public and the appropriate
Federal, state, and local emergency response agencies about accidental
releases;
* * * * *
    (4) * * * The owner or operator shall review and update the plan as
appropriate based on changes at the stationary source or new
information obtained from coordination activities, emergency response
exercises, incident investigations, or other available information, and
ensure that employees are informed of the changes.
* * * * *
    (c) The emergency response plan developed under paragraph (a)(1) of
this section shall be coordinated with the community emergency response
plan developed under 42 U.S.C. 11003. Upon request of the LEPC or
emergency response officials, the owner or operator shall promptly
provide to the local emergency response officials information necessary
for developing and implementing the community emergency response plan.

0
20. Section 68.96 is added to subpart E to read as follows:

Sec.  68.96  Emergency response exercises.

    (a) Notification exercises. At least once each calendar year, the
owner or operator of a stationary source with any Program 2 or Program
3 process shall conduct an exercise of the stationary source's
emergency response notification mechanisms required under Sec.
68.90(a)(2) or Sec.  68.95(a)(1)(i), as appropriate. Owners or
operators of responding stationary sources may perform the notification
exercise as part of the tabletop and field exercises required in
paragraph (b) of this section. The owner/operator shall maintain a
written record of each notification exercise conducted over the last
five years.
    (b) Emergency response exercise program. The owner or operator of a
stationary source subject to the requirements of Sec.  68.95 shall
develop and implement an exercise program for its emergency response
program, including the plan required under Sec.  68.95(a)(1). Exercises
shall involve facility emergency response personnel and, as
appropriate, emergency response contractors. When planning emergency
response field and tabletop exercises, the owner or operator shall
coordinate with local public emergency response officials and invite
them to participate in the exercise. The emergency response exercise
program shall include:
    (1) Emergency response field exercises. The owner or operator shall
conduct field exercises involving the simulated accidental release of a
regulated substance (i.e., toxic substance release or release of a
regulated flammable substance involving a fire and/or explosion).
    (i) Frequency. As part of coordination with local emergency
response officials required by Sec.  68.93, the owner or operator shall
consult with these officials to establish an appropriate frequency for
field exercises, but at a minimum, shall conduct a field exercise at
least once every ten years.
    (ii) Scope. Field exercises shall include: Tests of procedures to
notify the public and the appropriate Federal, state, and local
emergency response agencies about an accidental release; tests of
procedures and measures for emergency response actions including
evacuations and medical treatment; tests of communications systems;
mobilization of facility emergency response personnel, including
contractors, as appropriate; coordination with local emergency
responders; emergency response equipment deployment; and any other
action identified in the emergency response program, as appropriate.
    (2) Tabletop exercises. The owner or operator shall conduct a
tabletop exercise involving the simulated accidental release of a
regulated substance.
    (i) Frequency. As part of coordination with local emergency
response officials required by Sec.  68.93, the owner or operator shall
consult with these officials to establish an appropriate frequency for
tabletop exercises, but at a minimum, shall conduct a field exercise at
least once every three years.
    (ii) Scope. The exercise shall include discussions of: Procedures
to notify the public and the appropriate Federal, state, and local
emergency response agencies; procedures and measures for emergency
response including evacuations and medical treatment; identification of
facility emergency response personnel and/or contractors and their
responsibilities; coordination with local emergency responders;
procedures for emergency response equipment deployment; and any other
action identified in the emergency response plan, as appropriate.
    (3) Documentation. The owner/operator shall prepare an evaluation
report within 90 days of each exercise. The report shall include: A
description of the exercise scenario; names and organizations of each
participant; an evaluation of the exercise results including lessons
learned; recommendations for improvement or revisions to the emergency
response exercise program and emergency response program, and a
schedule to promptly address and resolve recommendations.
    (c) Alternative means of meeting exercise requirements. The owner
or operator may satisfy the requirement to conduct notification, field
and/or tabletop exercises through:
    (1) Exercises conducted to meet other Federal, state or local
exercise requirements, provided the exercise meets the requirements of
paragraphs (a) and/or (b) of this section, as appropriate.
    (2) Response to an accidental release, provided the response
includes the actions indicated in paragraphs (a) and/or (b) of this
section, as appropriate. When used to meet field and/or tabletop
exercise requirements, the owner or operator shall prepare an after-
action report comparable to the exercise evaluation report required in
paragraph (b)(3) of this section, within 90 days of the incident.

0
21. Amend Sec.  68.130 by:
0
a. In Table 1, ``List of Regulated Toxic Substances and Threshold
Quantities for Accidental Release Prevention'', under second column
entitled ``CAS No.'', removing the number ``107-18-61'' adding ``107-
18-6'' in its place; and
0
b. Revising Table 4, ``List of Regulated Flammable Substances and
Threshold Quantities for Accidental Release Prevention''.
    The revisions read as follows:

Sec.  68.130   List of substances.

* * * * *

  Table 4 to Sec.   68.130--List of Regulated Flammable Substances \1\ and Threshold Quantities for Accidental
                                               Release Prevention
                                        [CAS Number Order--63 Substances]
----------------------------------------------------------------------------------------------------------------
                                                                      Threshold quantity
               CAS No.                         Chemical name                 (lbs)           Basis for listing
----------------------------------------------------------------------------------------------------------------
60-29-7..............................  Ethyl ether [Ethane, 1,1'-                  10,000  g
                                        oxybis-].
74-82-8..............................  Methane.....................                10,000  f
74-84-0..............................  Ethane......................                10,000  f
74-85-1..............................  Ethylene [Ethene]...........                10,000  f
74-86-2..............................  Acetylene [Ethyne]..........                10,000  f
74-89-5..............................  Methylamine [Methanamine]...                10,000  f
74-98-6..............................  Propane.....................                10,000  f
74-99-7..............................  Propyne [1-Propyne].........                10,000  f
75-00-3..............................  Ethyl chloride [Ethane,                     10,000  f
                                        chloro-].
75-01-4..............................  Vinyl chloride [Ethene,                     10,000  a, f
                                        chloro-].
75-02-5..............................  Vinyl fluoride [Ethene,                     10,000  f
                                        fluoro-].
75-04-7..............................  Ethylamine [Ethanamine].....                10,000  f
75-07-0..............................  Acetaldehyde................                10,000  g
75-08-1..............................  Ethyl mercaptan                             10,000  g
                                        [Ethanethiol].
75-19-4..............................  Cyclopropane................                10,000  f
75-28-5..............................  Isobutane [Propane, 2-                      10,000  f
                                        methyl].
75-29-6..............................  Isopropyl chloride [Propane,                10,000  g
                                        2-chloro-].
75-31-0..............................  Isopropylamine [2-                          10,000  g
                                        Propanamine].
75-35-4..............................  Vinylidene chloride [Ethene,                10,000  g
                                        1,1-dichloro-].
75-37-6..............................  Difluoroethane [Ethane, 1,1-                10,000  f
                                        difluoro-].
75-38-7..............................  Vinylidene fluoride [Ethene,                10,000  f
                                        1,1-difluoro-].
75-50-3..............................  Trimethylamine [Methanamine,                10,000  f
                                        N, N-dimethyl-].
75-76-3..............................  Tetramethylsilane [Silane,                  10,000  g
                                        tetramethyl-].
78-78-4..............................  Isopentane [Butane, 2-methyl-               10,000  g
                                        ].
78-79-5..............................  Isoprene [1,3,-Butadiene, 2-                10,000  g
                                        methyl-].
79-38-9..............................  Trifluorochloroethylene                     10,000  f
                                        [Ethene, chlorotrifluoro-].
106-97-8.............................  Butane......................                10,000  f
106-98-9.............................  1-Butene....................                10,000  f
106-99-0.............................  1,3-Butadiene...............                10,000  f
107-00-6.............................  Ethyl acetylene [1-Butyne]..                10,000  f
107-01-7.............................  2-Butene....................                10,000  f
107-25-5.............................  Vinyl methyl ether [Ethene,                 10,000  f
                                        methoxy-].
107-31-3.............................  Methyl formate [Formic acid,                10,000  g
                                        methyl ester].
109-66-0.............................  Pentane.....................                10,000  g
109-67-1.............................  1-Pentene...................                10,000  g
109-92-2.............................  Vinyl ethyl ether [Ethene,                  10,000  g
                                        ethoxy-].
109-95-5.............................  Ethyl nitrite [Nitrous acid,                10,000  f
                                        ethyl ester].
115-07-1.............................  Propylene [1-Propene].......                10,000  f
115-10-6.............................  Methyl ether [Methane,                      10,000  f
                                        oxybis-].
115-11-7.............................  2-Methylpropene [1-Propene,                 10,000  f
                                        2-methyl-].
116-14-3.............................  Tetrafluoroethylene [Ethene,                10,000  f
                                        tetrafluoro-].
124-40-3.............................  Dimethylamine [Methanamine,                 10,000  f
                                        N-methyl-].
460-19-5.............................  Cyanogen [Ethanedinitrile]..                10,000  f
463-49-0.............................  Propadiene [1,2-Propadiene].                10,000  f
463-58-1.............................  Carbon oxysulfide [Carbon                   10,000  f
                                        oxide sulfide (COS)].
463-82-1.............................  2,2-Dimethylpropane                         10,000  f
                                        [Propane, 2,2-dimethyl-].
504-60-9.............................  1,3-Pentadiene..............                10,000  f
557-98-2.............................  2-Chloropropylene [1-                       10,000  g
                                        Propene, 2-chloro-].
563-45-1.............................  3-Methyl-1-butene...........                10,000  f
563-46-2.............................  2-Methyl-1-butene...........                10,000  g
590-18-1.............................  2-Butene-cis................                10,000  f
590-21-6.............................  1-Chloropropylene [1-                       10,000  g
                                        Propene, 1-chloro-].
598-73-2.............................  Bromotrifluorethylene                       10,000  f
                                        [Ethene, bromotrifluoro-].
624-64-6.............................  2-Butene-trans [2-Butene,                   10,000  f
                                        (E)].
627-20-3.............................  2-Pentene, (Z)-.............                10,000  g
646-04-8.............................  2-Pentene, (E)-.............                10,000  g
689-97-4.............................  Vinyl acetylene [1-Buten-3-                 10,000  f
                                        yne].
1333-74-0............................  Hydrogen....................                10,000  f
4109-96-0............................  Dichlorosilane [Silane,                     10,000  f
                                        dichloro-].
7791-21-1............................  Chlorine monoxide [Chlorine                 10,000  f
                                        oxide].
7803-62-5............................  Silane......................                10,000  f
10025-78-2...........................  Trichlorosilane [Silane,                    10,000  g
                                        trichloro-].
25167-67-3...........................  Butene......................                10,000  f
----------------------------------------------------------------------------------------------------------------
\1\ A flammable substance when used as a fuel or held for sale as a fuel at a retail facility is excluded from
  all provisions of this part (see Sec.   68.126).
Note: Basis for Listing:
\a\ Mandated for listing by Congress.
\f\ Flammable gas.
\g\ Volatile flammable liquid.

0
22. Amend Sec.  68.160 by adding paragraphs (b)(21) and (22) to read as
follows:

Sec.  68.160  Registration.

* * * * *
    (b) * * *
    (21) Method of communication and location of the notification that
chemical hazard information is

available to the public, pursuant to Sec.  68.210(c); and
    (22) Whether a public meeting has been held following an RMP
reportable accident, pursuant to Sec.  68.210(e).

0
23. Amend Sec.  68.170 by revising paragraphs (i) and (j) to read as
follows:

Sec.  68.170  Prevention program/Program 2.

* * * * *
    (i) The date of the most recent compliance audit, the expected date
of completion of any changes resulting from the compliance audit, and
identify whether the most recent compliance audit was a third-party
audit, pursuant to Sec. Sec.  68.58 and 68.59.
    (j) The completion date of the most recent incident investigation
and the expected date of completion of any changes resulting from the
investigation.
* * * * *

0
24. Amend Sec.  68.175 by:
0
a. Revising the introductory text of paragraph (e), and paragraphs
(e)(1), (5), and (6);
0
b. Adding paragraph (e)(7); and
0
c. Revising paragraphs (k) and (l).
    The revisions and addition read as follows:

Sec.  68.175  Prevention program/Program 3.

* * * * *
    (e) The most recent process hazard analysis (PHA) or PHA update and
revalidation information, pursuant to Sec.  68.67, including:
    (1) The date of completion of the most recent PHA or update and the
technique used;
* * * * *
    (5) Monitoring and detection systems in use;
    (6) Changes since the last PHA; and
    (7) Inherently safer technology or design measures implemented
since the last PHA, if any, and the technology category (substitution,
minimization, simplification and/or moderation).
* * * * *
    (k) The date of the most recent compliance audit, the expected date
of completion of any changes resulting from the compliance audit, and
identify whether the most recent compliance audit was a third-party
audit, pursuant to Sec. Sec.  68.79 and 68.80.
    (l) The completion date of the most recent incident investigation
and the expected date of completion of any changes resulting from the
investigation.
* * * * *

0
25. Revise Sec.  68.180 to read as follows:

Sec.  68.180  Emergency response program and exercises.

    (a) The owner or operator shall provide in the RMP:
    (1) Name, organizational affiliation, phone number, and email
address of local emergency planning and response organizations with
which the stationary source last coordinated emergency response
efforts, pursuant to Sec.  68.10(f)(3) or Sec.  68.93;
    (2) The date of the most recent coordination with the local
emergency response organizations, pursuant to Sec.  68.93 and
    (3) A list of Federal or state emergency plan requirements to which
the stationary source is subject.
    (b) The owner or operator shall identify in the RMP whether the
facility is a responding stationary source or a non-responding
stationary source, pursuant to Sec.  68.90.
    (1) For non-responding stationary sources, the owner or operator
shall identify:
    (i) For stationary sources with any regulated toxic substance held
in a process above the threshold quantity, whether the stationary
source is included in the community emergency response plan developed
under 42 U.S.C. 11003, pursuant to Sec.  68.90(b)(1);
    (ii) For stationary sources with only regulated flammable
substances held in a process above the threshold quantity, the date of
the most recent coordination with the local fire department, pursuant
to Sec.  68.90(b)(2);
    (iii) What mechanisms are in place to notify the public and
emergency responders when there is a need for emergency response; and
    (iv) The date of the most recent notification exercise, as required
in Sec.  68.96(a).
    (2) For responding stationary sources, the owner or operator shall
identify:
    (i) The date of the most recent review and update of the emergency
response plan, pursuant to Sec.  68.95(a)(4);
    (ii) The date of the most recent notification exercise, as required
in Sec.  68.96(a);
    (iii) The date of the most recent field exercise, as required in
Sec.  68.96(b)(1); and
    (iv) The date of the most recent tabletop exercise, as required in
Sec.  68.96(b)(2).

0
26. Amend Sec.  68.190 by adding a sentence at the end of paragraph (c)
to read as follows:

Sec.  68.190   Updates.

* * * * *
    (c) * * * Prior to de-registration the owner or operator shall meet
applicable reporting and incident investigation requirements in
accordance with Sec. Sec.  68.42, 68.60, and/or 68.81.
* * * * *

0
27. Revise Sec.  68.200 to read as follows:

Sec.  68.200  Recordkeeping.

    The owner or operator shall maintain records supporting the
implementation of this part at the stationary source for five years,
unless otherwise provided in subpart D of this part.

0
28. Revise Sec.  68.210 to read as follows:

Sec.  68.210  Availability of information to the public.

    (a) RMP availability. The RMP required under subpart G of this part
shall be available to the public under 42 U.S.C. 7414(c) and 40 CFR
part 1400.
    (b) Chemical hazard information. The owner or operator of a
stationary source shall provide, upon request by any member of the
public, the following chemical hazard information for all regulated
processes, as applicable:
    (1) Regulated substances information. Names of regulated substances
held in a process;
    (2) Safety data sheets (SDS). SDSs for all regulated substances
located at the facility;
    (3) Accident history information. Provide the five-year accident
history information required to be reported under Sec.  68.42;
    (4) Emergency response program. The following summary information
concerning the stationary source's compliance with Sec.  68.10(f)(3) or
the emergency response provisions of subpart E:
    (i) Whether the stationary source is a responding stationary source
or a non-responding stationary source;
    (ii) Name and phone number of local emergency response
organizations with which the owner or operator last coordinated
emergency response efforts, pursuant to Sec.  68.180; and
    (iii) For stationary sources subject to Sec.  68.95, procedures for
informing the public and local emergency response agencies about
accidental releases;
    (5) Exercises. A list of scheduled exercises required under Sec.
68.96; and
    (6) LEPC contact information. Include LEPC name, phone number, and
web address as available.
    (c) Notification of availability of information. The owner or
operator shall provide ongoing notification on a company Web site,
social media platforms, or through other publicly accessible means
that:
    (1) Information specified in paragraph (b) of this section is
available to the public upon request. The notification shall:
    (i) Specify the information elements, identified in paragraph (b)
of this section, that can be requested; and
    (ii) Provide instructions for how to request the information (e.g.
email,

mailing address, and/or telephone or Web site request);
    (2) Identify where to access information on community preparedness,
if available, including shelter-in-place and evacuation procedures.
    (d) Timeframe to provide requested information. The owner or
operator shall provide the requested information under paragraph (b) of
this section within 45 days of receiving a request from any member of
the public.
    (e) Public meetings. The owner or operator of a stationary source
shall hold a public meeting to provide information required under Sec.
68.42 as well as other relevant chemical hazard information, such as
that described in paragraph (b) of this section, no later than 90 days
after any accident subject to reporting under Sec.  68.42.
    (f) Classified 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.
    (g) CBI. An owner or operator asserting CBI for information
required under this section shall provide a sanitized version to the
public. Assertion of claims of CBI and substantiation of CBI claims
shall be in the same manner as required in Sec. Sec.  68.151 and 68.152
for information contained in the RMP required under subpart G of this
part. As provided under Sec.  68.151(b)(3), an owner or operator of a
stationary source may not claim five-year accident history information
as CBI. As provided in Sec.  68.151(c)(2), an owner or operator of a
stationary source asserting that a chemical name is CBI shall provide a
generic category or class name as a substitute.

[FR Doc. 2016-31426 Filed 1-12-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 49 (Tuesday, March 13, 2018)]
[Notices]
[Page 10944]
[FR Doc No: C1-2018-03306]

-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82697; File No. SR-BOX-2018-07]

Self-Regulatory Organizations; BOX Options Exchange LLC; Notice
of Filing and Immediate Effectiveness of Proposed Rule Change To Expand
the Short Term Option Series Program

February 13, 2018.

Correction

    In notice document 2017-03306 beginning on page 7279 in the issue
of Tuesday, February 20, 2017, make the following correction:
    On page 7282, in the first column, in the twelfth through
thirteenth lines, ``March 9, 2018'' should read ``March 13, 2018''.

[FR Doc. C1-2018-03306 Filed 3-12-18; 8:45 am]
BILLING CODE 1301-00-P


Page 1 Memo to Phase III Record From: Paul Shriner Date: November 4, 2004 Re: Contents of Section 316( b) Docket for Proposed Phase III Rule In developing the Section 316( b) Phase III proposal, EPA relied on materials contained in the dockets for the Phase I and Phase II rules. The Phase III docket ( edocket OW 2004 0002) incorporates and includes all materials from:

1) the Phase I docket " National Pollutant Discharge Elimination System  Amendment of Final Regulations Addressing Cooling Water Intake Structures for New Facilities" ( edocket OW 2002 0052) 2) the Phase II docket " National Pollutant Discharge Elimination System  Regulations To Establish Requirements for Cooling Water Intake Structures at Phase II Existing Facilities" ( edocket OW 2002 0049) 3) EPA's survey " Industry Detailed Questionnaire: Phase III Cooling Water Intake Structures", EPA ICR No. 1838.02, OMB # 2040 0213 ( edocket OW 2003 0005) 4) ICR " Cooling Water Intake Structures  New Facility Proposed rule" ( ICR # 1973.02, OMB control # 2040 0241) ( edocket OW 2003 0056) 5) ICR " Information Collection Request for Cooling Water Intake Structures New Facility Final Rule" ( edocket OW 2004 0027) 6) the Phase I hard copy docket ( paper docket W 00 32, containing paper copies of certain record items not included in edocket OW 2002 0052)

EPA has assigned each item in the Phase I, Phase II and Phase III dockets a five digit document control number ( DCN). For convenience, a copy of the index from the Phase II docket is included in the Phase III docket as DCN 7 6501. Similarly, a copy of the index from the Phase I docket is included in the Phase III record as DCN 7 6502.

Inclusion of Phase I and Phase II materials in the Phase III docket does not in any way re open the Phase I or Phase II final rules. Phase III is an entirely separate rulemaking proceeding. EPA will not consider comments submitted in connection with the Phase I or Phase II proceedings to be comments on the Phase III proposal. Members of the public interested in commenting on the Phase III proposal must follow the procedures set forth in the Federal Register notice for submission of those comments.


[Federal Register: September 8, 2008 (Volume 73, Number 174)]
[Notices]
[Page 52075]
[DOCID:fr08se08-105]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Aviation Rulemaking Advisory Committee Meeting on Transport
Airplane and Engine Issues

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of public meeting.

-----------------------------------------------------------------------

SUMMARY: This notice announces a public meeting of the FAA's Aviation
Rulemaking Advisory Committee (ARAC) to discuss transport airplane and
engine (TAE) issues.

DATES: The meeting is scheduled for Wednesday, October 1, 2008,
starting at 9 a.m. Pacific Daylight Time. Arrange for oral
presentations by September 16, 2008.

ADDRESSES: FAA-Northwest Mountain Region Office, Transport Standards
Staff conference room, 1601 Lind Ave. SW., Renton, WA 98507.

FOR FURTHER INFORMATION CONTACT: Ralen Gao, Office of Rulemaking, ARM-
209, FAA, 800 Independence Avenue, SW., Washington, DC 20591, Telephone
(202) 267-3168, FAX<PHONE_NUMBER>, or e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Pursuant to Section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463; 5 U.S.C. app. III), notice is
given of an ARAC meeting to be held October 1, 2008.
    The agenda for the meeting is as follows:
     Opening Remarks, Review Agenda and Minutes.
     FAA Report.
     Excom Report.
     Transport Canada Report.
     Airplane-level Safety Analysis Working Group Report.
     Task 4 Status.
     Propeller Harmonization Working Group (HWG) Report.
     Ice protection HWG Report.
     Airworthiness Assurance HWG Report.
     Avionics HWG Report.
     Halon Replacement as Fire Extinguishing Agent.
     Any Other Business.
     Action Item Review.
    Attendance is open to the public, but will be limited to the
availability of meeting room space. Please confirm your attendance with
the person listed in the FOR FURTHER INFORMATION CONTACT section no
later than September 16, 2008. Entrance to the FAA facility will
require presentation of a valid passport or state-issued (US)
identification (e.g, driver's license). Please plan on arriving at
least 20 minutes in advance of meeting to facilitate entrance
screening.
    For persons participating by telephone, the call-in number is (202)
366-3920; the pass code is ``2816.'' To insure that sufficient
telephone lines are available, please notify the person listed in the
FOR FURTHER INFORMATION CONTACT section of your intent to participate
by telephone by September 16, 2008. Anyone calling from outside the
Seattle, WA metropolitan area will be responsible for paying long-
distance charges.
    The public must make arrangements by September 16, 2008, to present
oral statements at the meeting. Written statements may be presented to
the ARAC at any time by providing 25 copies to the person listed in the
FOR FURTHER INFORMATION CONTACT section or by providing copies at the
meeting. Copies of the documents to be presented to ARAC for decision
by the FAA may be made available by contacting the person listed in the
FOR FURTHER INFORMATION CONTACT section.
    If you need assistance or require a reasonable accommodation for
the meeting or meeting documents, please contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Sign and oral
interpretation, as well as a listening device, can be made available if
requested 10 calendar days before the meeting.

    Issued in Washington, DC on September 3, 2008.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
[FR Doc. E8-20747 Filed 9-5-08; 8:45 am]

BILLING CODE 4910-13-P