Fact Sheet on EPA's New Risk Management Program Rule
Aug 23 2022
ARA revised a Fact Sheet on the new EPA Risk Management Program (RMP) rule with highlighted provisions that are likely to impact ARA’s ag retail members.
Fact Sheet for Ag Retailers
Ag retailers are exempt from the safer technologies and alternatives analysis. Some of the areas of the proposal that will likely impact ag retailers include the following:
- Requiring RMP facilities to conduct a “root cause analysis” incident investigation when facilities have had an RMP-reportable accident;
- Third-party compliance audits: If a Program 2 facility has had two RMP-reportable accidents within five years. Requiring a justification in the RMP when a third-party compliance audit recommendations are not adopted;
- Requiring employee participation in resolving process hazard analyses, compliance audit and incident investigation recommendations and findings. Requiring Program 2 employee participation plans to include opportunities for employees to anonymously report RMP-reportable accidents or other related RMP non-compliance issues;
- Community notification requirements;
- Enhanced information availability: new requirements for the facility to provide chemical hazard information upon request to residents living within 6 miles of a facility, in the language requested;
- Facility required to follow RAGAGEP – recognized and generally accepted good engineering practices;
- Retail hot work permits for five years
- Require RAGAGEP review in process hazard analyses; and
- Further defines the “storage incident to transportation” term and the retail exemption.
On August 18, 2022, EPA Administrator Michael S. Regan signed the Safer Communities by Chemical Accident Prevention (SCCAP) Proposed Rule, which proposes revisions to the Risk Management Program (RMP) to further protect vulnerable communities from chemical accidents, especially those living near facilities with high accident rates. The proposed rule would strengthen the existing program and includes new safeguards that have not been addressed in prior RMP rules.
In addition to accepting written comments during the public comment period, EPA is also holding virtual public hearings. The virtual public hearings will provide the opportunity to present information, comments or views pertaining to the SCCAP proposed rule.
Public EPA Hearings
EPA has announced some public hearings where they will discuss the new rule.
Public Hearing 1
Date: September 26
Time: 9:00 AM - 12:00 PM EDT
Public Hearing 2
Date: September 27
Time: 1:00 PM - 4:00 PM EDT
Public Hearing 3
Date: September 28
Time: 5:00 PM - 8:00 PM EDT
Registration for the public hearings will be available upon publication of the proposed rule in the Federal Register. Please check this site for future updates.