The Consult

In a move aimed at bolstering safety and environmental protection, the Environmental Protection Agency (EPA) has recently made significant amendments to the Risk Management Program (RMP) regulation, aiming to enhance safety measures and better protect human health and the environment from chemical hazards. Published to the Federal Register on March 11th, 2024 (89 FR 17622), with an effective date of May 10th, 2024, these revisions bring about key changes in accident prevention programs, emergency preparedness and response, and the accessibility of chemical hazard information to the public, among others.

Key provisions of the amended rule that are poised to impact RMP-covered facilities include:

1. Enhanced Monitoring and Prevention Measures: Facilities categorized under RMP Program Levels 2 and 3 are now mandated to ensure backup power for all monitoring equipment associated with detecting and preventing covered chemical releases.

2. Safer Technologies and Alternatives Analyses (STAAs): RMP Program Level 3 facilities, especially those falling under NAICS codes 324 (Petroleum Refining) and 325 (Chemical Manufacturing), are required to conduct STAAs. These analyses facilitate the exploration of alternative process and chemical options to mitigate site risks, prioritizing inherently safer technology or design, passive design features (process design considerations which reduce risk without requiring human, mechanical, or other energy input), active design features (design considerations that rely on mechanical or other input to detect and respond to process deviations), and procedural measures.

3. Thorough Incident Investigations: A more comprehensive approach to chemical incident investigations, including root cause analysis investigations for facilities with prior accidents, is now mandated.

4. Third-Party Compliance Audits: Facilities are subject to third-party compliance audits under certain circumstances, such as a release occurrence on-site or identification of conditions that could lead to an accidental release of covered chemicals.

5. Strengthened Planning and Response Mechanisms: The amendments emphasize timely sharing of chemical release information with local emergency responders, establishment of community notification systems, and recognition of risks posed by natural hazards and climate change.

6. Increased Transparency: To promote community awareness and engagement, the amendments enhance access to RMP facility information for nearby communities.

Facilities subject to these regulatory changes must ensure compliance within specified timelines, with most amendments requiring implementation by May 10th, 2027, three years from the final rule's effective date.

For assistance in navigating these regulatory changes and ensuring compliance with the revised RMP regulations, reach out to HRP's technical RMP experts. Our team is equipped to provide clarity on the amendments and support your facility in adapting to the evolving regulatory landscape.