Proposed EPA Rule Enhances Chemical Safety Provisions

Aug. 24, 2022
EPA proposes stronger regulations to protect communities from chemical accidents.

The U.S. Environmental Protection Agency (EPA) is proposing revisions to the Risk Management Program (RMP) rule to further protect vulnerable communities from chemical accidents, especially those living near facilities with high accident rates. The proposed rule, entitled the “Safer Communities by Chemical Accident Prevention Rule,” would strengthen the existing program and includes new safeguards that have not been addressed in prior RMP rules, such as enhanced employee participation and transparency for communities on safety decisions.

“Protecting public health is central to EPA's mission, particularly as we adapt to the challenges of climate change, and the proposal announced today advances this effort, especially for those in vulnerable communities,” says EPA Administrator Michael S. Regan in a press release from the agency. “This rule will better protect communities from chemical accidents, and advance environmental justice for communities that have been disproportionately impacted by these facilities.”

The Agency’s RMP rule protects public health and the environment by requiring industrial facilities with high accident rates to prevent accidental air releases of dangerous chemicals that could cause deaths, injuries, property and environmental damage, or require evacuations in surrounding communities. This rule is a critical piece of EPA’s work to advance environmental justice as these facilities are often located in communities that have historically borne a disproportionate burden from pollution, according to the agency.

EPA says it is proposing amendments that will foster safer communities by reducing the frequency of accidental chemical releases and their adverse effects. EPA is proposing to strengthen RMP regulations that will require some facilities to do more to prevent chemical accidents, particularly types of facilities that have the most frequent or severe accidents. Changes made to the RMP rule in 2019 were identified as an action for review under President Biden’s Executive Order 13990, “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.”

Highlights of the proposed rule include:

  • Providing greater protections for communities living near RMP facilities, many of which are underserved and overburdened by pollution.
  • Emphasizing the requirement for regulated facilities to evaluate risks of natural hazards and climate change, including any associated loss of power.
  • Promoting environmental justice through increased availability of information for fenceline communities in their requested language.
  • Requiring safer technologies and alternatives analysis for certain facilities with high accident rates.
  • Advancing greater employee participation and opportunity for decision-making in facility accident prevention requirements.
  • Requiring third party audits for facilities with a bad track record of accidents.
  • Enhancing facility planning and preparedness efforts.

The public may comment on the proposed rule at www.regulations.gov until 60 days after publication in the Federal Register. EPA is also holding three virtual public hearings on the proposed rule on September 26, 27 and 28, 2022.

Read the press release at www.epa.gov

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