Modernizing the Risk Management Plan Rule

Our country’s chemical industry provides necessary goods we use in our everyday lives, provides employment in many communities throughout the country, and provides key ingredients for many diverse industries nationwide. But while there are numerous chemical plants that operate safely, in the last decade nearly 60 people died, approximately 17,000 people were injured or sought medical treatment, and almost 500,000 people were evacuated or sheltered-in-place as a result of accidental releases at chemical plants. Over the past 10 years, more than 1,500 incidents were reported causing over $2 billion in property damage.

With this in mind, I’m proud to announce that EPA modernized the accidental release prevention requirements under the Clean Air Act, also known as our Risk Management Program (RMP). This rule is a crucial component of EPA’s efforts to enhance the safety and security of chemical facilities nationwide. Safer facilities can save the lives of facility workers, first responders and nearby community residents. For example, these finalized amendments will help avoid accidents, such as the explosions at the Chevron Richmond refinery in 2012 and at West Texas Fertilizer in 2013.

In the Report for the President (June 2014) on implementing Executive Order 13650, Improving Chemical Facility Safety and Security (August 2013), we envisioned amending existing RMP regulations by 2016. The amendments were signed on December 21, 2016, and are available online at: https://www.epa.gov/rmp/final-amendments-risk-management-program-rmp-rule.

This rule is based on discussions and feedback spanning three years of across-the-board engagement with industry and first responders, as well as community leaders, local, tribal and state governments, environmental organizations, and other stakeholders – more than 1,800 participants in over 25 states. Taking input from first responders, facility owners and operators, state, local and tribal partners, and community members, we developed a broad request for information in 2015 and a proposed rule in February 2016. Since then, we have narrowed the proposal, after listening to concerns raised, for example the increased costs and workload to industry and first responders, security concerns regarding the public availability of information, and the need to focus on evacuation and shelter-in-place planning. This rule moves our efforts to enhance chemical facility safety forward, while listening to input from around the nation.

One contributing factor to chemical accidents is a lack of effective coordination between facilities and local emergency responders on the chemical risks at the facility. One of the most important benefits of the rule is to clarify who has response lead and who has the equipment to respond. Increasing coordination and establishing appropriate response procedures can help reduce the effects of accidents and save lives. That’s why we’re requiring annual coordination. Facilities must conduct notifications, field and tabletop exercises, and invite local responders to participate.

We are committed to preserving facility security while enabling communities to protect themselves. That’s why the final rule strikes a balance between communities’ right-to-know, for the sake of first responder, community and employee safety, and facility security concerns, for the sake of business confidentiality and broader, homeland security issues. Responders and community members can request appropriate facility chemical hazard information while allowing protection of sensitive information that could be misused. This can significantly improve community emergency preparedness and allow emergency planners to develop effective evacuation and shelter-in-place procedures.

Under this rule, facility owners/operators will better analyze why accidents happen and determine what they can do to prevent future accidents. Incident investigations will include accident and near-miss root-cause analyses. Facilities will hire an independent third-party to conduct a compliance audit of facility processes after an accident occurs, and hold a public meeting within 90 days of an RMP reportable accident so communities can talk with facility representatives directly.

Finally, facilities in chemical, petroleum/coal products, and paper manufacturing sectors will take a hard, serious look at safer technology and alternatives, to inform, but not to dictate. Decisions on which technologies are most appropriate for a facility remain with the industry experts to determine, once they have conducted the analysis.These amendments are based on years of extensive outreach with a broad array of interested parties – many events I personally participated in, traveling the country to hear what people had to say. The rule’s focus is on:

  • empowering local communities to obtain information they can use to prepare themselves for emergencies;
  • requiring facility owners/operators to examine the root-causes of chemical accidents and possible safer technologies to prevent catastrophic accidents;
  • valuing independent audits; and
  • improving coordination between chemical facilities and the local planners/responders.

It will have lasting benefits to the safety of communities nationwide.

This is a rule a long time coming and the emphasis on extensive, collaborative input has resulted in straightforward requirements that can be implemented without undue burdens on industry yet potentially saving the lives of our first responders, facility employees and local residents – which is goal for all involved.