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Final Risk Management Program (RMP) Reconsideration Rule

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Rule Summary

RMP Reconsideration Final Rule

On December 19, 2019, EPA Administrator Andrew Wheeler signed the Risk Management Program (RMP) Reconsideration final rule, which modifies and improves the existing rule to remove burdensome, costly, unnecessary amendments while maintaining appropriate protections and ensuring first responders have access to all of the necessary safety information. This rule also resolves important security concerns.

On December 19, 2019, EPA finalized changes to the Risk Management Program (RMP) Amendments to better address potential security risks, regulatory consistency and reasonable consideration of costs. 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. The RMP Reconsideration 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. 

Example: Facility with most recent RMP re-submission date of June 2020 

For more information: RMP Reconsideration Final Rule Fact Sheet 

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Rule History

On January 13, 2017, the final RMP Amendments were published in the Federal Register. 

On June 9, 2017, EPA's Administrator signed a final rule to further delay the effective date of the RMP rule amendments for 20 months until February 19, 2019.  For more information, please see: Final Amendments to the Risk Management Program (RMP) Rule. 

A public hearing on the proposed rule was held in Washington, DC on June 14, 2018, at William J. Clinton East Building Room 1153 (Map Room), 1201 Constitution Ave. NW, Washington DC 20460. For more information, please see: Public Hearing on the Proposed Changes to the Risk Management Program (RMP) Rule.

On May 17, 2018, EPA's Administrator signed a proposed rule requesting public comment on several proposed changes to the final RMP Amendments issued on January 13, 2017. The public comment period closed on August 23, 2018. 

Additional Resources

Notice of Technical Correction (83 FR 36837)(2 pp, 210 K, About PDF) - EPA corrected date references for the version of the Risk Management Plan (RMP) database used to extract accident history information for the years 2014 – 2016. EPA used this accident information to update the trend of accidents from RMP facilities discussed in the Regulatory Impact Analysis for the proposed Reconsideration. EPA also referred to this information in the Notification of Data Availability and Extension of Comment Period. This notice corrected the data references. 

Notice of Data Availability (83 FR 34967)(2 pp, 194 K, About PDF) - To provide the opportunity for public comment on the updated RMP database and its impacts on the proposed rule, EPA extended the comment period to August 23, 2018. 

Fact Sheet: Proposed Risk Management Program (RMP) Reconsideration Rule 

Proposed Rule Regulatory Impact Analysis (87 pp, 2 MB, About PDF) 

Proposed Rule (83 FR 24850)(34 pp, 395 K, About PDF) 

Denial of Petitions for Reconsideration of the RMP Reconsideration Final Rule

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