Regulatory Developments

EPA Finalizes Reconsideration of Risk Management Program Provisions

The U.S. Environmental Protection Agency (EPA) finalized its reconsideration of Risk Management Program provisions that were amended in 2017.  EPA opted to rescind some of the amended provisions for various reasons and retain or modify other provisions.  According to EPA, the latest revisions to the rule “better address potential security risks, reduce unnecessary and ineffective regulatory burdens on facilities and emergency responders, harmonize rather than conflict with the Occupational Safety and Health Administration’s (OSHA) Process Safety Management standard, address the concerns of stakeholders,” and save money.

EPA, Environmental Protection Agency

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EPA rescinded provisions addressing the following:

  • Third party audits
  • Safer technologies and alternatives analysis
  • Incident investigation root cause analysis after an RMP reportable accident or near miss
  • Availability of hazard information

EPA has retained provisions for the following in its RMP regulations under 40 CFR 68:

  • Enhanced coordination with local emergency responders
  • Emergency exercises
  • Tabletop and field exercises
  • Facility public meetings

The rule has not yet been published in the federal register, but a prepublication version is found here.  Read on here for an in-depth article on the final rule.