RMP Reconsideration Rule Issued by the EPA

On Thursday, May 17, 2018, EPA Administrator Scott Pruitt signed a proposed rule requesting comment on proposed changes to the final RMP Amendments (40 CFR Part 68) which have a delayed effective date of February 2019. The proposed rule would rescind several of the amendments proposed in January 2017.

The RMP Reconsideration Rule proposes the following changes to the RMP Amendments final rule:

  • Rescinding all accident prevention program provisions of the RMP Amendments rule (i.e., third party audits, safer technology and alternatives analyses, incident investigation root cause analysis, and most other minor changes to the prevention program).
    Driver: The EPA is suggesting this change so it can better coordinate revisions to the RMP rule with OSHA and its PSM standard to reduce regulatory costs.
  • Rescinding most of the public information availability provisions of the RMP Amendments rule. The rule would retain the provision of requiring a public meeting after an accident.
    Driver: The EPA states the rule would have provided redundant, less secure means of access to information that is available through better controlled means.
  • Modifying the emergency coordination and exercise provisions of the Amendments rule.
    Driver:  The modification will address information security concerns raised by petitioners and give more flexibility to regulated facilities in complying with the provisions.

The RMP Reconsideration Rule is establishing the following rule compliance dates:

  • Emergency coordination provisions: One year after the effective date of the final rule.
  • Public meeting provision: Two years after the effective date of the final rule.
  • Emergency exercise provisions: Four years after the effective date of the final rule.
  • Incorporating new Subpart G data elements into a facility’s risk management plan: Five years after the effective date of the final rule.

For additional information on the RMP Reconsideration Rule visit the EPA’s RMP Rule website: https://www.epa.gov/rmp/proposed-risk-management-program-rmp-reconsideration-rule

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