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

Well designed and thorough program. Excellent summary of requirements with references. Inclusion of regulations in hard copy form, as well as full electronic with state pertinent regulations included is a great bonus!

Oscar Fisher

EHS Manager

My experience with Lion training, both online and in the classroom, is that they are far better organized and provide a better sequential explanation of the material.

Robert Roose

Manager, Dangerous Goods Transportation

I think LION does an excellent job of any training they do. Materials provided are very useful to my day-to-day work activities.

Pamela Embody

EHS Specialist

The course was very informative and presented in a way that was easily understood and remembered. I would recommend this course.

Jeffrey Tierno

Hazmat Shipping Professional

I tried other environmental training providers, but they were all sub-standard compared to Lion. I will not stray from Lion again!

Sara Sills

Environmental Specialist

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

John Gratacos

Logistics Manager

I will never go anywhere, but to Lion Technology.

Dawn Swofford

EHS Technician

If I need thorough training or updating, I always use Lion. Lion is always the best in both instruction and materials.

Bryce Parker

EHS Manager

The price was reasonable, the time to complete the course was manageable, and the flexibility the online training allowed made it easy to complete.

Felicia Rutledge

Hazmat Shipping Professional

Lion Technology workshops are amazing!! You always learn so much, and the instructors are fantastic.

Dorothy Rurak

Environmental Specialist

Download Our Latest Whitepaper

Look beyond the annual "Top 10 List" to see specifics about the most cited OSHA health & safety Standards and the individual regulations that tripped up employers the most last year. 

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.