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EPA/OLEM RIN: 2050-AH22 Publication ID: Fall 2021 
Title: Accidental Release Prevention Requirements: Risk Management Program Under the Clean Air Act; Retrospection 
Abstract: The Environmental Protection Agency (EPA) is considering revising the Risk Management Program (RMP) regulations, which implement the requirements of section 112(r)(7) of the 1990 Clean Air Act amendments. The RMP requires facilities that use listed extremely hazardous substances above specified threshold quantities to develop a Risk Management Plan. The EPA is reviewing the RMP rule in accordance with Executive Order 13990: Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis, which directs federal agencies to review existing regulations and take action to address the Administration’s priorities, including bolstering resilience to the impacts of climate change and prioritizing environmental justice. 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: Undetermined 
CFR Citation: 40 CFR 68   
Legal Authority: 42 U.S.C. 7412 Clean Air Act   
Legal Deadline:  None

Statement of Need:

On January 13, 2017, the EPA published a final RMP rule (2017 Amendments) to prevent and mitigate the effect of accidental releases of hazardous chemicals from facilities that use, manufacture, and store them. The 2017 Amendments were a result of Executive Order 13650, Improving Chemical Facility Safety and Security, which directed EPA (and several other federal agencies) to, among other things, modernize policies, regulations, and standards to enhance safety and security in chemical facilities. 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 The 2019 Revisions rule repealed several major provisions of the 2017 Amendments and retained other provisions with modifications.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 new administration including bolstering resilience to the impact of climate change and prioritizing environmental justice. The EPA is considering developing a regulatory action to revise the current RMP regulations. The proposed rule would address the administration's priorities and focus on regulatory revisions completed since 2017. The proposed rule would also expect to contain a number of proposed modifications to the RMP regulations based in part on stakeholder feedback received from RMP public listening sessions held on June 16 and July 8, 2021.

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.


The EPA currently plans to prepare a notice of proposed rulemaking that would provide the public an opportunity to comment on the proposal, and any regulatory alternatives that may be identified within the preamble to the proposed rulemaking.

Anticipated Costs and Benefits:

Costs may include the burden on regulated entities associated with implementing new or revised requirements including program implementation, training, equipment purchases, and recordkeeping, as applicable. Some costs could also accrue to implementing agencies and local governments, due to new or revised provisions associated with emergency response. Benefits will result from avoiding the harmful accident consequences to communities and the environment, such as deaths, injuries, and property damage, environmental damage, and from mitigating the effects of releases that may occur. Similar benefits will accrue to regulated entities and their employees.


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 potentially making accidental releases less likely, and by mitigating the severity of releases that may occur. 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.

Action Date FR Cite
NPRM  09/00/2022 
Final Rule  08/00/2023 
Additional Information: .
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: Undetermined 
Included in the Regulatory Plan: Yes 
Sectors Affected: 11511 Support Activities for Crop Production; 211112 Natural Gas Liquid Extraction; 221112 Fossil Fuel Electric Power Generation; 22131 Water Supply and Irrigation Systems; 22132 Sewage Treatment Facilities; 311 Food Manufacturing; 311411 Frozen Fruit, Juice, and Vegetable Manufacturing; 311511 Fluid Milk Manufacturing; 31152 Ice Cream and Frozen Dessert Manufacturing; 311612 Meat Processed from Carcasses; 311615 Poultry Processing; 322 Paper Manufacturing; 32411 Petroleum Refineries; 325 Chemical Manufacturing; 32519 Other Basic Organic Chemical Manufacturing; 42469 Other Chemical and Allied Products Merchant Wholesalers; 42471 Petroleum Bulk Stations and Terminals; 42491 Farm Supplies Merchant Wholesalers; 49311 General Warehousing and Storage; 49312 Refrigerated Warehousing and Storage; 49313 Farm Product Warehousing and Storage; 49319 Other Warehousing and Storage 
RIN Data Printed in the FR: No 
Agency Contact:
Deanne Grant
Environmental Protection Agency
Office of Land and Emergency Management
1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:202 564-1096

Veronica Southerland
Environmental Protection Agency
Office of Land and Emergency Management
1200 Pennsylvania Avenue NW, Mail Code 5104A,
Washington, DC 20460
Phone:202 564-2333