Search

Final Rule Alert: EPA Updates Risk Management Program for Chemical Facilities

Posted on 12/27/2016 by Roger Marks

UPDATE: US EPA on May 30, 2018 published a proposed rule to “rescind almost all the requirements added to the accident prevention provisions program” of a 2017 rulemaking that expanded the Clean Air Act Risk Management Plan (RMP)chemical accident prevention requirements.

***

On December 21, EPA Administrator Gina McCarthy signed a Final Rule to amend the Clean Air Act Risk Management Plan (RMP) requirements for chemical facilities.
 

Clean Air Act RMP Accident Prevention Program Revisions

The Final Rule includes three revisions to the accident prevention program requirements under the RMP:

1. Require all facilities with Program 2 or 3 processes to conduct a root cause analysis as part of an incident investigation into a catastrophic release or a near-miss;
2. Require regulated facilities with a Program 2 or 3 processes to contract with an independent third party to perform a compliance audit after the facility has a reportable release; and
3. Require owners or operators of facilities with Program 3 processes under NAICS Codes 322 (paper manufacturing), 234 (petroleum and coal products manufacturing) and 325 (chemical manufacturing) to add a safer technology and alternatives analysis (STAA) to its process hazard analysis (PHA).

A pre-publication copy of the Final Rule is available here.
 

Clean Air Act RMP Emergency Response “Enhancements”

EPA Risk Management Program for chemical facilitiesThe Final Rule includes three “enhancements” to bolster the requirements for RMP emergency preparedness and response. The RMP emergency response enhancements are as follows: 

1. Require owners/operators of facilities with Program 2 or 3 processes to coordinate with local emergency response agencies at least once per year to ensure preparedness to respond to an accidental release of a regulated substance;
2. Require facilities with Program 2 or 3 processes to conduct annual notification exercises to ensure emergency contact information is accurate and complete;
3. Require all facilities subject to the emergency response pre-program requirements (Subpart E) to conduct a full field exercise at least once every ten years and tabletop exercises at least once every three years.
 

Enhanced Clean Air Act RMP Information Availability

Lastly, the Final Rule sets requirements to make chemical hazard information more easily available to the public. Among these enhancements is a requirement for the facility owner or operator to provide ongoing notification of information availability on a company website, social media, or other publicly accessible place. If and when an RMP reportable accident occurs, the facility must hold a public meeting within 90 days of the incident.

In the proposed rule, published in the Federal Register in March 2016, EPA put forth requirements for facilities to provide certain information to emergency responders. In the Final Rule, EPA instead will require facilities to share information during annual coordination activities between the facility and responders. 
 

New Clean Air Act Online Course Now Available!


Build the expertise needed to make informed on-the-job decisions that help your site control pollution, prevent releases, and maintain compliance with US EPA’s Clean Air Act rules. The Clean Air Act Regulations guides professionals through compliance with Title V permit requirements, emissions and pollution controls, annual greenhouse gas (GHG) reporting, Risk Management Planning (RMP) responsibilities, and more. 

Interactive, easy to use, and available 24/7, the new online course will help you get up to speed with new and changing EPA clean air rules and protect your facility from costly EPA enforcement. 

Tags: Act, Air, Clean, EPA, new rules, RMP

Find a Post

Compliance Archives

Lion - Quotes

Lion courses always set the bar for content, reference, and practical application. Membership and access to the experts is an added bonus.

John Brown, CSP

Director of Safety & Env Affairs

Lion was very responsive to my initial questions and the website was user friendly.

Michael Britt

Supply Chain Director

I really enjoyed this training. Even after years on both sides of the comprehension coin, I find myself still learning! The quality of the delivery exceeded much of the training I have received in the past.

Neil Ozonur

Safety Officer

This training broke down the regulations in an easy-to-understand manner and made them less overwhelming. I now feel I have the knowledge to make more informed decisions.

Amanda Oswald

Shipping Professional

I had a positive experience utilizing this educational program. It was very informative, convenient, and rewarding from a career perspective.

John Gratacos

Logistics Manager

Convenient; I can train when I want, where I want.

Barry Cook

Hazmat Shipping Professional

I like Lion's workshops the best because they really dig into the information you need to have when you leave the workshop.

Tom Bush, Jr.

EHS Manager

These are the best commercial course references I have seen (10+ years). Great job!

Ed Grzybowski

EHS & Facility Engineer

Lion is easily and consistently the best option for compliance training. I've learned new information from every instructor I've had.

Rachel Mathis

EHS Specialist

Excellent course. Very interactive. Explanations are great whether you get the questions wrong or right.

Gregory Thompson

Environmental, Health & Safety Regional Manager

Download Our Latest Whitepaper

What to do before, during, and after a RCRA hazardous waste inspection to defend your site from rising State and Federal penalties.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.