View Rule

The EPA is undertaking a rulemaking to amend its Risk Management Program (RMP) regulations by making several proposed changes to the 2024 Safer Communities by Chemical Accident Prevention rule. The proposed amendments will seek to improve chemical process safety by avoiding duplicative requirements, realigning RMP requirements with Occupational Safety and Health Administration (OSHA) Process Safety Management requirements, and eliminating unnecessary burdens placed on facilities where there is not specific data available to show that the current RMP standards would reduce or have reduced the number of accidental releases.

Statement of Need:

On January 13, 2017, the EPA published a final RMP rule (2017 Amendments). The 2017 Amendments were a result of Executive Order 13650, Improving Chemical Facility Safety and Security. The 2017 Amendments rule contained various new provisions applicable to RMP-regulated facilities addressing prevention program elements, emergency coordination with local responders, and information availability to the public. EPA received three petitions for reconsideration of the 2017 Amendments rule under CAA section 307(d)(7)(B). On December 19, 2019, EPA promulgated a final RMP rule (2019 Revisions) that acts on the reconsideration. The 2019 Revisions rule repealed several major provisions of the 2017 Amendments and retained other provisions with modifications. On January 20, 2021, Executive Order 13990, Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis (EO 13990), directed federal agencies to review existing regulations and take action to address priorities established by the Administration at the time, which included bolstering regulations in response to the impacts of climate change and prioritizing environmental justice. This resulted in the 2024 Safer Communities by Chemical Accident Prevention (SCCAP) final rule, published on March 11, 2024. On January 20, 2025, Executive Order 13990 was revoked through Executive Order 14148, Initial Recissions of Harmful Executive Orders and Actions. On the same date, Executive Order 14154, Unleashing American Energy, directed federal agencies to review agency actions that potentially burden the development of domestic energy resources. The EPA is proposing to revise the current RMP regulations in this proposed action, which will address the administration's priorities by streamlining implementation and focusing on avoiding duplicative requirements, reducing unnecessary burden, and establishing regulatory consistency.

Summary of the Legal Basis:

The CAA section 112(r)(7)(A) authorizes the EPA Administrator to promulgate accidental release prevention, detection, and correction requirements, which may include monitoring, record keeping, reporting, training, vapor recovery, secondary containment, and other design, equipment, work practice, and operational requirements. The CAA section 112(r)(7)(B) authorizes the Administrator to promulgate reasonable regulations and appropriate guidance to provide, to the greatest extent practicable, for the prevention and detection of accidental releases of regulated substances and for response to such releases by the owners or operators of the sources of such releases.

Alternatives:

The EPA estimates that this action will result in cost savings for regulated entities by removing redundant or unnecessary regulatory requirements. Benefits will result from providing regulatory clarity and realigning the Risk Management Program with OSHAs PSM standard. If finalized, this proposed rule would ensure long-term information access to the public to promote community response planning and preparedness while balancing site security concerns.

Anticipated Costs and Benefits:

The EPA estimates annualized cost savings of $234.7-240.3 million at a 3% discount rate and $236.2-241.9 million at a 7% discount rate. In this proposed action, the EPA is seeking to provide clarity, remove redundant or unnecessary regulatory requirements, and realign the Risk Management Program with OSHAs PSM standard. If finalized, this proposed rule would ensure long-term information access to the public to promote community response planning and preparedness while balancing site security concerns. The proposed action would also refocus requirements for regulated facility owners and operators on addressing areas that pose the greatest risk to a process.

Risks:

The proposed action would address the risks associated with accidental releases of listed regulated toxic and flammable substances to the air from stationary sources. Substances regulated under the RMP program include highly toxic and flammable substances that can cause deaths, injuries, property and environmental damage, and other on- and off-site consequences if accidentally released. The proposed action would reduce these risks by refocusing requirements for regulated facility owners and operators on addressing areas that pose the greatest risk to a process. The proposed action would not address the risks of non-accidental chemical releases, accidental releases of non-regulated substances, chemicals released to other media, and air releases from mobile sources.