Fact Sheet for Communities: Safer Communities by Chemical Accident Prevention - Risk Management Program Final Rule
EPA is strengthening its Risk Management Program regulations (40 CFR Part 68) following a review of the existing RMP requirements and after considering comments on the 2022 Proposed Safer Communities by Chemical Accident Prevention rule. The revisions further protect vulnerable communities from chemical accidents, especially those living near facilities in industrial sectors with high accident rates. These amendments and clarifications in the final rule further protect vulnerable communities from chemical accidents, especially those living near facilities in industrial sectors with high accident rates. The amendments include several revisions and amplifications to the accident prevention program requirements, enhancements to the emergency preparedness requirements, increased public availability of chemical hazard information, several changes to regulatory definitions and points of clarification. EPA believes these revisions will foster safer communities by reducing the frequency and severity of accidental chemical releases.
What does the RMP rule regulate?
Currently, EPA regulates approximately 12,000 facilities subject to RMP regulations throughout the country such as agricultural supply distributors, water and wastewater treatment facilities, chemical manufacturers and distributors, food and beverage manufacturers, chemical warehouses, oil refineries, and other chemical facilities. RMP facilities are those facilities that use extremely hazardous substances above the regulated thresholds and are required to develop a Risk Management Plan which:
- Identifies the potential effects of a chemical accident.
- Identifies steps the facility is taking to prevent an accident.
- Specifies emergency response procedures should an accident occur.
The agency’s RMP rule protects public health and the environment by requiring industrial facilities with large amounts of toxic and flammable chemicals to prevent accidental air releases of those chemicals that could cause deaths and injuries, damage to property or the environment, or require evacuations in surrounding communities.
Who lives near RMP facilities?
Historically underserved and overburdened populations disproportionately live within close proximity to RMP facilities compared with other populations. There are approximately 131 million people living within three miles of RMP facilities, of which approximately 20 million identify as Black or African American, 32 million identify as Hispanic or Latino, and 44 million earn less than or equal to twice the poverty level. Communities living near RMP facilities are most at risk of exposure in the event of an accidental chemical release.
What are the final changes in the SCCAP Rule?
EPA is strengthening the RMP regulations to require some facilities to do more to prevent chemical accidents, particularly types of facilities that have had the most frequent or severe accidents. The final rule includes:
- Requiring a safer technologies and alternatives analysis, and in some cases, implementation of practicable, reliable safeguard measures for certain facilities in industry sectors with high accident rates.
- Advancing employee participation, training, and opportunities for employee decision-making in facility accident prevention such as:
- Reiterating the allowance of a partial or complete process shutdown in the event of a potential catastrophic release.
- Implementing a process to allow employees and their representatives to anonymously report specific unaddressed hazards.
- Requiring third-party compliance audits and root cause analysis incident investigation for facilities that have had a prior accident.
- Enhancing facility planning and preparedness efforts to strengthen emergency response by ensuring chemical release information is timely shared with local responders and partnering with local responders to ensure a community notification system is in place to warn the community of any impending release.
- Emphasizing the requirement for regulated facilities to evaluate risks of natural hazards, including any associated loss of power.
- Increased transparency by providing access to RMP facility information in dominant languages for communities nearby.
EPA expects that benefits of the provisions may reduce potential exposure to accidental chemical releases for historically underserved and overburdened populations.
EPA appreciates the robust stakeholder input during this rulemaking process that was vital in helping the agency develop a comprehensive proposal and effective final rule to further protect vulnerable communities from chemical accidents.