RMP Reconsideration Final Rule
On November 20, 2019, EPA Administrator Andrew Wheeler signed the Risk Management Program (RMP) Reconsideration final rule, which modifies and improves the existing 40CFR68. The changes are intended to promote better emergency planning and public information about accidents and maintain the trend of fewer significant accidents involving chemicals regulated under the RMP rule. The changes reflect issues raised in three petitions for reconsideration of the RMP Amendments and addresses other issues that EPA believed warranted reconsideration. Fact sheet is at this line and below are The RMP Reconsiderations to the final rule:
- Rescinds all major 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.
- Rescinds the public information availability provisions of the RMP Amendments rule.
- Retains the requirement to hold a public meeting within 90 days after an accident, but only applies the requirement to accidents with offsite impacts.
- Modifies the emergency coordination provisions to address security concerns with the Amendments rule coordination provisions.
- Modifies the exercise provisions to give more flexibility to regulated facilities and local emergency responders in complying with these provisions.
- Modifies some compliance dates to provide necessary time for program changes.
| What | Due Date |
|---|---|
| Public Meetings | Within 90 days of any qualifying accident that occurs after March 15, 2021 |
| Develop Emergency Response Programs | Within three years of owner or operator determining that facility is subject to the provisions |
| Develop exercise plans and schedules | December 2023 |
| Conduct first notification drill | December 2024 |
| Conduct first tabletop exercise | December 2026 |
| Conduct first field exercise | According to the exercise schedule established by the owner or operator in coordination with local response agencies |
| Submit RMP with new information elements | The owner or operator would provide new information elements with any initial RMP or RMP resubmission made after December 2024. |
| Comply with new emergency coordination requirments | Already in effect as of September 21, 2018 |
| Comply with remaining minor accident prevention provisions | Already in effect as of September 21, 2018 |
