Final Risk Management Program Rule Released

By Andy O’Hare – The Fertilizer Institute

The U.S. Environmental Protection Agency released a pre-publication copy of the risk management program (RMP) final rule. A copy of pre-publication version of the rule may be found here.

RULE HIGHLIGHTS

Pages 4-8 of the document provide a summary of the final rule. EPA has finalized new requirements addressing accident prevention, emergency response and enhanced availability of information. The highlights of the new requirements are as follows:

Accident Prevention:

• Root Cause Analysis: These need to be done following a catastrophic release. EPA dropped a definition of “catastrophic”
• Third Party Audit of RMP Accidents: Need to be conducted following an RMP accident. May be conducted using a team of individuals, provided one person is an independent, third party. EPA dropped the requirement for the auditor to be a PE. Also, audit will not be required to be submitted to a regulatory agency. They will have to be available for inspection onsite.  Compliance audits may be done by the company
• Safer Technology and Alternatives Analysis: Will be required for paper, coal, refining and chemical facilities, as proposed as part of update to process hazard analysis once every 5 years.

Emergency Response:

• Coordinate with Local Emergency Planning Committees (LEPCs): RMP facilities will have to discuss chemical risks, chemical stored on-site and chemical processes annually with
• Notification: RMP facilities will have to ensure that there is an adequate system in place to notify LEPCs of an
• “Responding Facilities”: Need to conduct field exercised with LEPCs every 10 years; tabletop exercised every three years. Responding facilities are those subject to RMP that respond on their own to potential accidents at their facilities and DO NOT rely on

Enhanced Availability of Information:

• Basic Information on RMP Facility: Need to be provided to the public, though not through the World Wide
• Public Meetings: Need to take place within 90 days of an RMP

Covered Chemicals:

• Ammonium Nitrate not added to RMP chemical

Compliance Dates (beginning on page 271):

• One year from the effective date (60 days after publication in the FR) for Emergency Response requirements
• Four years from the effective date for Accident Prevention and Enhanced Availability of Information Requirements
• Five years from the effective date for facilities to update existing RMPs

NEXT STEPS

As indicated above, the rule will be effective 60 days following publication in the Federal Register.

It is uncertain when publication will occur, and there is a chance that it may not be published before January 20. If so, the rule could be potentially withdrawn by the incoming Trump Administration. If it is published before January 20, there will be a question as to whether the Trump Administration may still withdraw the rule, as it will not be effective.

If, however, it is published before January 20, the incoming Congress may elect to rescind the rule using a Congressional Review Act petition. This rule has already been nominated by TFI and other groups as a candidate for this petition process.

Finally, EPA plans to hold a webinar on the final rule in January, presumably before the change in Administrations. Additional details on a webinar will be provided as they become available.