RISK MANAGEMENT REGULATIONS
RELAXED IN EPA FINAL RULE
The Clean Air Act mandates that EPA require Risk Management Plans (RMPs) for facilities storing specific chemicals above threshold amounts and develop risk management programs to prevent and mitigate accidents that could release those chemicals into the environment.
EPA published its first Risk Management Plan regulation in 1996. In 2017, EPA finalized a new regulation mandating new requirements and disclosure of additional public information. Following the finalization of this rule, EPA received and granted three petitions to reconsider the 2017 RMP regulations, including a petition from 11 states: Louisiana, Arizona, Arkansas, Florida, Kansas, Texas, Oklahoma, South Carolina, Wisconsin, West Virginia, and Kentucky.
Currently, EPA regulates approximately 12,500 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.
Last week, EPA finalized changes to the RMP Reconsideration final rule, which removes what the Agency described as burdensome, costly, and unnecessary amendments while maintaining appropriate protections and ensuring first responders have access to all of the necessary safety information. This rule also resolves important
security concerns.
With this action, under President Trump, EPA has finalized 48 deregulatory actions, which the agency projects have saved US companies more than
$5 billion in regulatory costs.
“Today’s final action addresses
emergency responders’ longstanding concerns and maintains important public safety measures while saving Americans roughly $88 million per year,” said EPA Administrator Andrew Wheeler. “Accident prevention is a top priority of the EPA and this rule promotes improved coordination between chemical facilities and emergency responders, reduces unnecessary regulatory burdens, and addresses security risks associated with previous amendments to the RMP rule.”
EPA’s relaxation Chemical Disaster Rule comes some two years after EPA suspended the rule to try to prevent it from taking effect. Following a lawsuit in which Earthjustice represented communities from around the country affected by chemical disasters, a federal court reinstated the rule and said EPA’s suspension made “a mockery of the statute.” EPA did not appeal that ruling. During the unlawful suspension of protections, public reports showed at least 73 chemical releases, fires, and explosions occurred at facilities that would have been covered by the rule.
According to EPA, the final RMP
reconsideration rule maintains important public safety measures. Under this final rule, no less safety information will be available to first responders and state and federal regulators than was available under any previous version of the RMP rule.
From 2007-2016, at least 90% of RMP facilities had no reported accidents and
nearly half of accidents occurred at less than 2% of facilities reporting multiple releases. EPA is focusing on high-risk facilities and vigorously enforcing the original RMP rule. The revisions in final rule maintains public safety requirements without imposing substantial new regulatory requirements on all facilities in the RMP program. EPA believes this approach will effectively address the very small percentage of facilities that need increased supervision to improve their performance.
In fact, accident rates in states that had adopted burdensome elements in the RMP Amendments rule show less decline in accident rates than RMP facilities nationwide under the original rule. Thus, there was little data supporting the claimed benefits of the RMP Amendments. According to EPA, this rule reduces the costs of compliance with unnecessary regulatory requirements and makes reasonable, practicable updates to improve the effectiveness of the rule.
“The National Association of SARA Title III Program Officials (NASTTPO)
represents members and staff of State Emergency Response Commissions (SERCs), Tribal Emergency Response Commissions (TERCs), Local Emergency Planning Committees (LEPCs), various federal agencies, and private industry.
Our membership is pleased with the Trump Administration and EPA Administrator Andrew Wheeler’s finalized changes to the 2017 RMP rule, specifically with respect to its provisions impacting emergency planning and response. This includes final modifications to overly complex exercise requirements that placed resources burdens on LEPCs without recognizing these
arbitrary requirements provided little or no benefit to community emergency
preparedness or accident prevention,” said NASTTPO Past-President and Board Member Tim Gablehouse. “We also appreciate that the final rule maintains critical access for first responders to necessary
facility information that will result in improved local emergency response
planning and public safety.”
For more information on the proposed RMP Reconsideration Rule, see: https://www.epa.gov/rmp/proposed-risk-management-program-rmp-reconsideration-rule.
For history about the RMP Amendments Rule, see:
https://www.epa.gov/rmp/final-amendments-risk-management-program-rmp-rule.
(Environmental Resource Center – 11/25/19)