The U.S. Environmental Protection Agency (EPA) has announced final amendments to its Risk Management Program (RMP), aimed at reducing accidents at chemical facilities and enhancing safety for nearby communities. While the changes have been welcomed by environmental advocates, they have drawn criticism from industry groups concerned about potential security risks and financial burdens.
Key Provisions of the Updated RMP
The updated rules affect nearly 12,000 chemical facilities regulated under the RMP. They require the most hazardous facilities to evaluate and potentially implement safer technologies and practices. Operators must also include extreme weather scenarios, such as hurricanes and flooding, in their emergency response plans. Additional measures include:
- Third-party compliance audits and root cause analyses for facilities that have experienced accidents.
- Stronger regulations for facilities deemed high-risk or accident-prone.
- Improved communication requirements for sharing chemical release information with local responders and communities within a six-mile radius of the facility.
According to EPA estimates, leaks and incidents at RMP facilities result in damages exceeding $540 million annually, affecting approximately 131 million people living within three miles of such sites.
Industry Concerns
Industry representatives have raised alarms about certain aspects of the new rules. Eric Byer, president of the Alliance for Chemical Distribution, highlighted concerns that the disclosure of sensitive chemical information could increase security vulnerabilities.
“Under this rule, regulated facilities will have to disclose sensitive information to anyone residing, working, or spending significant time within a six-mile radius,” Byer stated. He argued that without vetting requirements, the rule could unintentionally provide opportunities for misuse of such information.
Byer also noted the expiration of the Chemical Facility Anti-Terrorism Standards (CFATS) program in July 2023, which he said compounds the security risks. Additionally, he expressed concerns about the financial strain the rules could impose on compliant facilities.
Kimberly Wise White, vice president of regulatory and scientific affairs at the American Chemistry Council (ACC), voiced similar reservations. She emphasized that the ACC supports certain provisions, such as root cause analyses, but warned that some mandates could compromise safety by removing post-9/11 safeguards against sharing detailed chemical hazard information.
“This requirement could pose a national security threat by creating opportunities for bad actors to target facilities or disrupt emergency responses,” White said. She also cautioned that the rules could impact supply chains by pressuring manufacturers to abandon processes critical for producing materials like semiconductors and clean energy systems.
Support from Environmental Advocates
Environmental groups, however, have praised the EPA’s actions. Kathleen Riley, an attorney with Earthjustice, called the updated rules a significant step forward in preventing chemical disasters and enhancing public access to safety information.
“While there is certainly more that must be done to prevent chemical disasters, EPA’s rule is a major step forward for ensuring that the most hazardous facilities implement safer technologies and provide greater public access to information,” Riley said, urging the industry to adopt the measures promptly.
Broader Context
The amendments follow warnings from the U.S. Government Accountability Office that nearly a third of chemical facilities storing hazardous substances are located in areas prone to natural disasters exacerbated by climate change. Past incidents, such as the 2017 flooding at the Arkema chemicals plant in Crosby, Texas—which resulted in fires due to power failures—underscore the importance of preparing for extreme weather.
The EPA’s revised RMP rules represent an effort to balance community safety, environmental protection, and the operational needs of the chemical industry. The debate underscores the challenges of addressing complex risks while ensuring security and economic stability.
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