The US Environmental Protection Agency released a final rule on Nov. 21 which aims to modify changes it adopted in 2017 to its Risk Management Program. It said that the changes aim to remove burdensome, costly amendments while keeping important protections in place and assuring first responders have the necessary access to all of the important safety information about chemicals used and stored at industrial facilities.
“Accident prevention is a top priority of the EPA and this rule promotes improved coordination between chemical facilities and emergency responders, reduces unnecessary regulatory burdens, and addresses security risks associated with previous amendments to the RMP rule,” Administrator Andrew Wheeler said.
The action finalized 48 deregulatory moves which EPA projected would save businesses and consumers more than $5 billion in regulatory costs while addressing important safety concerns, EPA said. It was necessary to address 2017 changes in the RMP which mandated new requirements and required disclosure of additional public information, the agency indicated.
Once the 2017 changes became final, EPA said it received and granted three petitions to reconsider the revised RMP regulations, including one from 11 states: Louisiana, Arizona, Arkansas, Florida, Kansas, Texas, Oklahoma, South Carolina, Wisconsin, West Virginia, and Kentucky.
It also received a petition to reconsider the changes on from a coalition of seven national trade associations including the American Petroleum Institute and the American Fuel & Petrochemical Manufacturers because the existing RMP rules promoted safety, “with a significant decline in the rate of accidental releases and incidents in the last 20 years.”
The changes, on the other hand, “would compel facilities to make available sensitive information about covered processes that could expose vulnerabilities to terrorists and others who may target refineries, chemical plants, and other facilities,” the petitioners warned. Similar concerns also emerged when other federal agencies looked at them under a required review.
Safety measures maintained
EPA’s latest RMP reconsideration maintains important public safety measures, the agency emphasized. “Under this final rule, no less safety information will be available to first responders and state and federal regulators than was available under any previous version,” it said.
An API official approved of EPA’s latest risk management practices move. “We welcome [its] efforts to adhere to the statutory scope of the Clean Air Act and issue performance-based RMP regulations that provide both regulatory consistency and appropriately balance transparency with national security and public safety,” Refining, Downstream and Industry Operations Manager Ron Chittim said on Nov. 21.