Search

EPA to Rescind Parts of New Risk Management Plan Rules

Posted on 6/4/2018 by Roger Marks

facility-RMP.jpgUS 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.

The 2017 Final Rule required some chemical facilities to conduct root-cause analysis as part of incident investigations and to contract with an independent third party to perform compliance audits after a reportable release.  In addition, owners and operators of facilities in the paper, petroleum, coal, and chemical manufacturing industries must add a safer technology and alternatives analysis (STAA) to their process hazards analysis (PHA) under the new rules.

For a complete list of requirements EPA plans to rescind, see Section 2 of the proposed rule, Summary of the Provisions of the Regulatory Action, here.  

In addition to these new accident prevention provisions, EPA “enhanced” the RMP emergency response program by requiring facilities to coordinate with local emergency responders once per year and to conduct annual notification exercises and emergency response exercises regularly.

Read more: Final Rule Alert—EPA Updates RMP Program for Chemical Facilities  


Challenges to EPA’s Expanded RMP Regulations

EPA promulgated the 2017 Risk Management Plan rulemaking for chemical facilities in response to an April 2013 ammonium nitrate explosion in West, Texas that killed fifteen, injured 160, and damaged or destroyed 150 buildings.

Industry groups and some states filed a petition for reconsideration, arguing that a Bureau of Alcohol, Tobacco, and Firearms (ATF) report released on May 11, 2017 indicated that the West Texas incident was the result of an intentional criminal act, and not an “accident.” The comment period for the 2017 rule closed on May 13, which prevented commenters from using the ATF’s findings to challenge the new requirements.  

Some have since questioned whether ATF’s finding is correct, noting that ATF relied on “negative corpus” or the process of elimination to determine that the fire was an intentional act. In other words, because no other hypothesized explanation made sense, they determined that the fire was intentionally set. Five years later, no suspects have been named and no arrests have been made.  

See the full proposed rule here.


ONLINE NOW: 20 Hours of EHS Manager Training

computer-(1).jpgManaging site compliance with the many complex EPA programs that affect your business—from the C­­­lean Air and Clean Water Acts to TSCA, EPCRA, CERLCA, and more—is a major challenge. If you’re new to the field or need an update on changing EPA rules, the Complete Environmental Regulations Online Course will help you quickly build in-depth expertise.

JOIN US LIVE! The 2018 nationwide schedule for the Complete Environmental Regulations Workshop is available online. Collaborate with other managers to identify the requirements that apply to your facility, ask the right questions, and make the correct decisions regarding EPA compliance.
 

Tags: chemicals, Clean Air Act, EPA, risk management planning

Find a Post

Compliance Archives

Lion - Quotes

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

Best instructor ever! I was going to take my DOT training w/a different provider, but based on this presentation, I will also be doing my DOT training w/Lion!

Donna Moot

Hazardous Waste Professional

I attended training from another provider and learned absolutely nothing. Lion is much better. Hands down.

Nicole Eby

Environmental Specialist

The instructor was probably the best I ever had! He made the class enjoyable, was humorous at times, and very knowledgeable.

Mary Sue Michon

Environmental Administrator

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

John Gratacos

Logistics Manager

Lion's online training is more comprehensive, has better slides, and is a superior training experience than what I would get from other trainers.

Robert Brenner

District Environmental Manager

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

Having the tutorial buttons for additional information was extremely beneficial.

Sharon Ziemek

EHS Manager

I have over 26 years of environmental compliance experience, and it has been some time since I have attended an environmental regulations workshop. I attended this course as preparation for EHS Audits for my six plants, and it was exactly what I was looking for.

Frank Sizemore

Director of Regulatory Affairs

These are the best classes I attend each year. I always take something away and implement improvements at my sites.

Kim Racine

EH&S Manager

Download Our Latest Whitepaper

In most cases, injuries that occur at work are work-related and must be recorded to maintain compliance with OSHA regulations. This report shows you the 9 types of injuries you don’t record.

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.