The U.S. Environmental Protection Agency (EPA) on Aug.19 proposed revisions to the Risk Management Program (RMP) to strengthen the rule and create greater transparency and protections for communities living near chemical facilities.
The proposed rule, known as the “Safer Communities by Chemical Accident Prevention Rule,” would strengthen the existing program and includes new safeguards that have not been addressed in prior RMP rules. Some of the proposed requirements include identifying safer technologies and chemical alternatives, more thorough incident investigations, and third-party auditing for facilities with a bad track record of accidents.
The proposed revisions would also require regulated facilities to evaluate risks of natural hazards and climate change, including any associated loss of power, and would advance greater employee participation and opportunity for decision-making in facility accident prevention requirements.
“Protecting public health is central to EPA’s mission, particularly as we adapt to the challenges of climate change, and the proposal announced today advances this effort, especially for those in vulnerable communities,” said EPA Administrator Michael S. Regan. “This rule will better protect communities from chemical accidents, and advance environmental justice for communities that have been disproportionately impacted by these facilities.”
EPA published its first RMP regulation in 1996. In January 2017, the RMP Amendments Final Rule issued new requirements for prevention, response, and public disclosure of information, based in part on efforts by the Obama administration to enhance chemical plant safety after the 2013 West Fertilizer explosion in West, Texas.
Under the Trump administration, however, key provisions of the new RMP were paused. Instead, in 2019, the “RMP Reconsideration Final Rule” rescinded or modified some of the measures in the 2017 rule, including the elimination of requirements to assess potentially safer technologies and processes that may limit hazards. It also eliminated requirements to conduct “root cause” analyses after accidents, hire third parties to audit the facilities after accidents, and provide the public with information about chemical hazards upon request.
EPA said the new proposed amendments “will foster safer communities by reducing the frequency of accidental chemical releases” and their adverse effects. “This rule is critical piece of EPA’s work to advance environmental justice as these facilities are often located in communities that have historically borne a disproportionate burden from pollution,” the agency said.
EPA will hold virtual public hearings on the proposed amendments on Sept. 26, 27, and 28, and will be accepting written comments during the public comment period. The public may comment on the proposed rule at www.regulations.gov (Docket ID No. EPA-HQ-OLEM-2022-0174) until 60 days after publication in the Federal Register.
Currently, EPA regulates approximately 12,000 RMP facilities throughout the country such as agricultural supply distributors, water and wastewater treatment facilities, chemical manufacturers and distributors, food and beverage manufacturers, chemical warehouses, oil refineries, and other chemical facilities.