EPA Finalizes Significant Revisions to the Risk Management Program

January 13th, 2017 by Ann Rippe Regulatory Updates

Action Forcing Change
Summary: EPA is finalizing significant revisions to the Risk Management Program under 40 CFR 68. The final rule requires Program 2 and Program 3 processes to hire an independent third-party to perform a compliance audit after any reportable release or whenever requested by the implementing agency; coordinate with local emergency response agencies at least annually to ensure that response resources and capabilities are in place; conduct annual notification exercises; conduct a root cause analysis as part of the incident investigation for catastrophic releases and near-misses; address findings from all incident investigations in their hazard review or process hazard analysis; and complete incident investigation reports within 12 months of the incident. Program 3 processes in three specific industries (paper manufacturing, petroleum and coal products manufacturing, and chemical manufacturing) are required to conduct a safer technology and alternatives analysis as part of their process hazard analysis, and Program 2 processes are required to establish an incident investigation team. Facilities whose employees respond to incidents are required to conduct a full field exercise at least once every ten years, as well as perform a tabletop exercise at least once every three years. The final rule expands the requirements for public information availability by requiring that facilities provide chemical hazard information to the public and hold public meetings to provide information within 90 days of any reportable accident. Additionally, EPA is revising data elements and making various technical corrections to modernize the RMP rules.
[Full Text - 82 FR 4594]

Citations: 40 CFR 68.10; 40 CFR 68.160(b); 40 CFR 68.170(i); 40 CFR 68.170(j); 40 CFR 68.175(e); 40 CFR 68.175(k); 40 CFR 68.175(l); 40 CFR 68.180; 40 CFR 68.190(c); 40 CFR 68.200; 40 CFR 68.210; 40 CFR 68.50(a)(2); 40 CFR 68.54; 40 CFR 68.58; 40 CFR 68.59; 40 CFR 68.60; 40 CFR 68.65(a); 40 CFR 68.65(b); 40 CFR 68.67(c); 40 CFR 68.71; 40 CFR 68.79; 40 CFR 68.80; 40 CFR 68.81(a); 40 CFR 68.81(d); 40 CFR 68.93; 40 CFR 68.95(a); 40 CFR 68.95(c); 40 CFR 68.96

Ann Rippe

Manager of Regulatory Services