On February 27, 2024, the Environmental Protection Agency (EPA) finalized the newest amendment the newest amendment to the Risk Management Program (RMP) rule, thereby completing the RMP “reset” started in 2022. The latest change to the RMP is promulgated under the Safer Communities by Chemical Accident Prevention (SCCAP) rule and its main objective is to further protect communities from impacts associated with flammable and toxic chemical accidents. Specifically, the SCCAP addresses:
Safer Technologies and Chemical Alternatives
Accident Prevention
Robust Incident Investigations
Third-party Auditing
What is the EPA’s Risk Management Program, and Does It Apply to My Facility?
Under the EPA’s RMP, an owner or operator of each stationary source (i.e., a facility) that manufactures, uses, stores, or otherwise handles any of the regulated substances above threshold quantities (TQ) shall develop an RMP that: (i) identifies the potential effects of a chemical accident, (ii) outlines prevention strategies, and (iii) establishes emergency response procedures to mitigate unplanned events. There are three prevention program levels (i.e., Program 1, Program 2, and Program 3) within the RMP depending on the complexity of release scenarios and associated risks. The industrial sectors that may be covered include agriculture and food production, chemical and paper manufacturing and distribution, oil and gas, utilities, warehousing/storage, and government operations listed under certain North American Industry Classification System (NAICS) codes. Some sectors are more impacted by the Rule, its implementation, and amendments than others.
Prevention Program 2 – Subpart C
Program 2 applies to processes not eligible for the least onerous Program 1 but not subject to the most complex Program 3. For simplicity, citations are not included in the summaries below. Refer to the 2024 SCCAP rule for detailed requirements.
Process Safety Information: Processes must be documented and designed according to good engineering practices.
Process Hazard: Safeguards must address equipment and monitoring malfunctions, including power loss prevention. Facilities must evaluate how natural hazards contribute to the severity of incidents and assess stationary source siting relative to public receptors and nearby sources.
Operating Procedures: Procedures must document the removal of monitoring equipment from service.
Facility Compliance: Facilities must certify compliance with Program 2 requirements every three years, provide public notification of information availability within six miles of the facility, and document the date of the most recent compliance audit along with the implementation of any corrective actions.
Third-Party Audits: If an accidental release has occurred or an audit is requested by the implementing agency, a third-party audit must be completed by a qualified, competent, and independent entity or team. Findings and deficiencies must be summarized in a report submitted to the facility and the Board of Directors, and reports must be maintained for five years.
Prevention Program 3 – Subpart D
Program 3 requirements are similar to those of Program 2 but include additional stipulations as outlined below.
Process Safety Information: Facilities must provide complete and updated process safety information.
Process Hazard: Facilities must implement a Safer Technology and Alternatives Analysis (STAA) and apply risk management measures for NAICS 324 and 325 (refining and chemical manufacturing) that include inherently safer technology or design (ISTD), as well as passive, active, and procedural safeguards. An STAA implementation report must be submitted to the governing agency. STAA applies to NAICS 324/325 facilities co-located within one mile of each other or with recent accident history, and to NAICS 324 facilities utilizing hydrofluoric acid alkylation processes.
Employee Participation: Employee consultation is required in conducting process hazard analyses (PHA) and implementing process safety management (PSM). Knowledgeable employees must participate in corrective PHA actions, audits, and investigations and must have the authority to inform or initiate process shutdowns to prevent catastrophic releases.
Hot Work: Work details and permits must document all fire prevention and protection measures. Completed permits must be retained and archived for a minimum of three years.
Emergency Response – Subpart E
The core elements required for facility emergency response are codified in Subpart E, with the following updates specified under the 2024 SCCAP. Applicability depends on the facility’s program level.
Notifications: Facilities must document appropriate notification and incident data mechanisms to share with local emergency responders. They must also document community and agency notification procedures developed in coordination with local responders.
Response Plan Elements: Facilities must establish notification and response partnerships and provide timely data and information on incidents to support emergency response plan development and implementation.
Emergency Exercises: Facilities must complete a field exercise jointly with local responders by March 15, 2027, and at least once every ten years thereafter unless a reduced frequency is agreed upon. A tabletop or field exercise report must be submitted within 90 days of the exercise.
Incident Investigations: Incident reports must be completed within 12 months of the event and must document initiating events, contributing factors, and root causes.
Employee Participation: Facilities must maintain a written participation plan, issue an annual notice of its availability, provide training, allow employees to report unaddressed hazards to the facility or agency, and retain related reports for three years.
Public Notification – Subpart H
Subpart H includes several revisions to enhance transparency and community access to facility information.
Chemical Hazards: Facilities must, upon request from any member of the public residing, working, or spending significant time within six miles of the facility, provide the following:
• Information on regulated substances
• Associated safety data sheets
• Five-year accident history
• Emergency response program summary
• A listing of exercises conducted within one year of the request
• Local emergency committee contact information
Requested information must be provided within 45 days, and all public information requests must be archived for five years.
Verdict, Compliance Calendar, and Enforcement
The new regulatory requirements under the revised EPA Risk Management Program (RMP) rule introduce substantial changes that will affect approximately 12,000 facilities nationwide, presenting challenges in determining applicability, implementing updates, and allocating resources for compliance. The rule includes an extended implementation schedule through 2028, with most provisions taking effect on March 15, 2027, as outlined in the Federal Register. EPA continues to conduct regular audits and enforce penalties for RMP deficiencies, with recent Clean Air Act cases underscoring the importance of maintaining current, compliant RMP documentation and demonstrating ongoing adherence to the rule.
If you have RMP-related questions, concerns, or challenges, please submit your information through our contact form, and we’ll schedule a time to discuss how you can prepare for and manage RMP regulations.
