EPA proposes new rules to reduce chemical accidents

The U.S. Environmental Protection Agency (EPA) is revising the Risk Management Program (RMP) rule to further protect communities from chemical accidents, particularly those near facilities with high accident rates.

The RMP rule requires industrial facilities with high accident rates to prevent accidental air releases of dangerous chemicals that could cause deaths, injuries, property, and environmental damage or require evacuations in surrounding communities. The proposed Safer Communities by Chemical Accident Prevention Rule EPA seeks to reduce the frequency of accidental chemical releases through various proposed amendments.

“Protecting public health is central to EPA’s mission, particularly as we adapt to the challenges of climate change, and the proposal announced today advances this effort, especially for those in vulnerable communities,” said EPA Administrator Michael S. Regan. “This rule will better protect communities from chemical accidents and advance environmental justice for communities that have been disproportionately impacted by these facilities.”

Specifically. It would require regulated facilities to evaluate risks of natural hazards and climate change, including any associated loss of power; promote environmental justice through increased availability of information for fence-line communities in their requested language; require safer technologies and alternatives analysis for certain facilities with high accident rates; advance greater employee participation and opportunity for decision-making in facility accident prevention requirements; require third party audits for facilities with a bad track record of accidents; and enhance facility planning and preparedness efforts.

House Energy and Commerce Committee Republican Leader Cathy McMorris Rodgers (R-WA) said the proposed rule is costly and impractical and will complicate the continued operation of some American businesses.

“This will make President Biden’s inflation, supply chain, and energy crisis worse,” McMorris Rodgers said. “In fact, it could shut down American fuel supplies and raise costs on the hardworking people of this country. As the Biden administration EPA works to finalize this rule, which has impacts across our entire economy, it must not use this effort as an opportunity to circumvent Congress and write the law to help its political allies. I strongly urge the agency to listen to the American people whose livelihoods are at stake.”

The public may comment on the proposed rule at www.regulations.gov (Docket ID No. EPA-HQ-OLEM-2022-0174) until 60 days after publication in the Federal Register. The EPA will also hold three virtual public hearings on the proposed rule on Sept. 26, 27, and 28.