What changes and amendments were made to the Risk Management Program in 2017 and when will they go into effect?
On January 13, 2017, EPA published a final rule amending its Risk Management Program regulations in response to Executive Order 13650 (82 FR 4594). With this rule, EPA revised the Chemical Accident Prevention regulations in 40 CFR Part 68 by incorporating several changes to the accident prevention program requirements. Some of the changes include a requirement to conduct a safer technology and alternatives analysis as part of the process hazard analysis for Program 3 processes in specified NAICS codes, third-party audits and incident investigation root cause analysis for Program 2 and Program 3 processes; enhancements to the emergency preparedness requirements; increased public availability of chemical hazard information; and several other minor regulatory changes as well as changes to certain regulatory definitions and data elements submitted in risk management plans.
On September 21, 2018, the U.S. Court of Appeals for the D.C. Circuit Court issued a mandate to make the 2017 RMP Amendments rule effective immediately. EPA subsequently posted, on its website, RMP Amendments compliance information. The RMP compliance information discusses changes to the RMP Rule and future compliance dates for some of these changes. The RMP Amendments compliance information can be found at: