Changes to Risk Management Program Rule Sent for Review

The Environmental Protection Agency has sent its revised Risk Management Program Rule to the White House Office of Management and Budget for pre-publication review.  The EPA’s Risk Management Program applies to facilities that use or store a certain threshold amount of hazardous substances. 

The version of the revised rule published for note and comment requires, among other things, a root cause investigation for incidents and “near misses,” independent third-party compliance audits after reportable releases, increased public availability of chemical hazard information, more coordination and data sharing with local responders, and enhancements to the public availability of chemical hazard information.

Under the current rule, facilities are required to assess their potential release impacts, undertake steps to prevent releases, plan for emergency response releases, and submit to the EPA a risk management plan which summarizes all of this information.  The revision currently under review was made in response to President Obama’s 2013 Executive Order 13650, “Improving Chemical Facility Safety and Security.”  OMB review typically takes 90 days, though it could be longer or shorter depending upon the regulation.