Risk Management Program Safer Communities by Chemical Accident Prevention Final Rule
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Rule Summary
On February 27, 2024, EPA Administrator Michael S. Regan signed the Safer Communities by Chemical Accident Prevention rule, which finalizes revisions to the Risk Management Program to further protect vulnerable communities from chemical accidents, especially those living near facilities in industry sectors with high accident rates. The final rule includes new safeguards such as identifying safer technologies and chemical alternatives, requiring implementation of safeguard measures in certain cases, more thorough incident investigations, and third-party auditing. These updates should benefit nearby communities by reducing the frequency of chemical releases and their adverse effects. This rule makes incremental progress in further protecting vulnerable communities from chemical accidents.
EPA appreciates the robust stakeholder input during this rulemaking process that was vital in helping the agency develop a comprehensive proposal and effective final rule. Final amendments to the rule include:
- Requiring a safer technologies and alternatives analysis, and in some cases, implementation of reliable safeguard measures for certain facilities in industry sectors with high accident rates.
- Advancing employee participation, training, and opportunities for employee decision-making in facility accident prevention, for example:
- Reiterating the allowance of partial or complete process shutdowns in the event of a potential catastrophic release.
- Implementing a process to allow employees and their representatives to anonymously report specific unaddressed hazards.
- Requiring third-party compliance audits and root cause analysis incident investigation for facilities that have had a prior accident.
- Enhancing facility planning and preparedness efforts to strengthen emergency response by ensuring chemical release information is timely shared with local responders and a community notification system is in place to warn the community of any impending release.
- Emphasizing the requirement for regulated facilities to evaluate risks of natural hazards and climate change, including any associated loss of power.
- Increased transparency by providing access to RMP facility information for communities nearby.
Rule History
In January 2017, the RMP Amendments Final Rule issued new requirements for accident prevention, response, and public disclosure of information, but key provisions were paused, and most never went into effect. Instead, in 2019, the RMP Reconsideration Final Rule rescinded or modified some of the measures in the 2017 rule. EPA published the proposed Safer Communities by Chemical Accident Prevention rule in August 2022.