New Updates to Risk Management Plans: Enhancing Safety Standards for Chemical Facilities and Promoting Environmental Justice.

In a significant move to enhance public safety and environmental justice, the U.S. Environmental Protection Agency (EPA) announced on March 1, the finalization of amendments to the Risk Management Program (RMP). Dubbed the "Safer Communities by Chemical Accident Prevention Rule," this landmark regulation introduces the most protective safety provisions in history for chemical facilities, particularly targeting industry sectors with high accident rates. The rule is designed to shield at-risk communities, especially those in overburdened and underserved areas, from the devastating impacts of chemical accidents. EPA Administrator Michael S. Regan emphasized that this final rule is a vital component of the Biden-Harris Administration's commitment to advancing environmental justice by implementing stronger safety requirements for industrial facilities and new measures to protect communities from harm.


Key Provisions of the Rule


The final rule mandates more stringent measures for prevention, preparedness, and public transparency, with the aim of preventing accidental releases of dangerous chemicals that could lead to fatalities, injuries, property damage, or environmental harm. Key provisions include:


  • Safer Technologies and Alternatives Analysis: Regulated facilities are now required to perform an analysis of safer technologies and alternatives. In some cases, they must implement reliable safeguard measures to reduce the frequency and severity of accidents.
  • Empowering Workers: The rule advances employee participation, training, and decision making in facility accident prevention. It allows for process shutdowns in the event of a potentially catastrophic release and establishes a process for employees to anonymously report unaddressed hazards.
  • Third-Party Compliance Audits: Facilities with a prior accident history must undergo third-party compliance audits and conduct root cause analysis investigations. - Enhanced Emergency Response: Facilities must ensure timely sharing of chemical release information with local responders and establish a community notification system for impending releases.
  • Climate Change Considerations: Facilities are required to evaluate risks of natural hazards and climate change, including potential power loss, and increase transparency by providing access to RMP facility information for nearby communities.


The Impact of the Rule

The rule covers all 11,740 regulated RMP facilities across the country, with more rigorous requirements for a subset of facilities that are more accident-prone and pose the greatest risk to communities. According to EPA estimates, accidental releases from RMP facilities cost society more than $540 million each year. Approximately 131 million people live within three miles of RMP facilities, including 20 million who identify as Black or African American, 32 million as Hispanic or Latino, and 44 million who earn less than or equal to twice the poverty level.


The rule will be published alongside a query tool which will allow people to access information for RMPs in nearby communities. The agency intends to update the tool in the coming months to allow visualization of climate change hazards, a request of several stakeholders.


How SEA Can Help


At Safety & Environmental Associates, Inc. (SEA), we understand the complexities of complying with evolving safety standards and regulations. Our team of experts is equipped to assist your company in updating your Risk Management Program to meet the new requirements set forth by the EPA. We offer comprehensive services, including safer technologies and alternatives analysis, employee training programs, third-party compliance audits, and emergency response planning.


Don't wait until it's too late and EPA is knocking on your door. Contact SEA today to learn more about how we can help you comply with the new RMP rule and protect your business and the environment.


Read more information on the rule visit EPA’s Risk Management Program rule website.


By Derek Jennings

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