U.S. EPA Risk Management Program (RMP) Update
Background
On August 31, 2022, the U.S. Environmental Protection Agency (EPA) issued proposed amendments to the Risk Management Program (RMP) – Safer Communities by Chemical Accident Prevention. Per EPA, the proposed amendments seek to improve chemical process safety; assist in planning, preparedness, and responding to RMP-reportable accidents; and improve public awareness of chemical hazards at regulated sources.
Proposed updates to the RMP include, but are not limited to, the following:
• Hazard evaluation and accident prevention amplifications;
• Safer technology and alternatives analysis (STAA), including facility density & hydrogen fluoride (HF) requirements;
• Root cause analysis;
• Third-party compliance audits;
• Employee participation obligations, including recommendation decisions, stop work authority, and accident and non-compliance reporting;
• Emergency response exercises;
• Community notification of RMP accidents and community emergency response plan amplifications;
• Information availability and process safety information requirements;
• Compliance requirements with recognized and generally accepted good engineering practices (RAGAGEP) for Program 2 and 3 facilities;
• Retention of hot work permits; and
• Storage incident to transportation standards.
EPA hosted three (3) virtual public hearings on the proposal at the end of September, and accepted comments until October 31, 2022. Some of these proposed amendments revived the provisions set forth in the 2017 RMP amendments rule that had been rolled back after the 2019 reconsideration rule, while other proposed revisions took into account the comments made during the 2021 listening session. ACA submitted comments based on its members’ feedback.
On Jan. 25, 2023, Senators Tom Carper (D-DE) and Cory Booker (D-NJ) along with Reps. Lisa Blunt Rochester (D-DE) and Nanette Diaz Barragán (D-CA) led a letter with 45 of their congressional colleagues to EPA Administrator Regan requesting that the EPA “deliver the strongest possible protections for workers, environmental justice communities, and first responders under its proposed Risk Management Program (RMP) rule.” Some key items that the letter urges EPA to address include requiring RMP facilities to transition to inherently safer chemicals and processes; improving outreach to better inform the public about RMP facility hazards and emergency response plans; and developing a program to ensure no retaliation against employees for using their right in preventing a chemical disaster.
ACA Action
ACA has been engaged in every step of EPA’s RMP amendment process since proposed amendments were initially issued in 2016. ACA submitted numerous comments on every proposal and testified at public hearings at EPA advocating on behalf of the paint and coatings industry. ACA will engage in the same manner throughout this RMP amendment process. ACA developed a summary of the 2022 proposal so that industry has a better understanding of what amendments EPA plans to make to RMP. ACA also participated in EPA’s public hearings and submitted comments by the October 31 deadline. ACA continues to advocate for reasonable RMP requirements and update the Environmental Management Committee throughout the rulemaking process. The finalized amendments were released in March 2024 and are effective as of May 10, 2024.
ACA will be hosting a webinar on May 16, 2024 discussing this finalized rule.