ENV-16-105 New RMP Risks

Description:

Facilities with processes subject to the requirements of EPA’s Risk Management Program (“RMP”) should be aware of changes that EPA is making, to its enforcement efforts and to the program provisions, that could significantly increase their compliance costs and liability risk. EPA has begun pursuing RMP violations more vigorously, increasing the number of judicial rather than administrative settlements and pursuing greater penalties and injunctive relief. This trend will likely continue and increase as RMP becomes a National Enforcement Initiative for three years starting in fiscal year 2017. In addition to changes in enforcement, EPA has proposed a rule that would modify and add to the requirements of the RMP regulations, particularly for Program 2 and 3 facilities. Among the more burdensome or problematic proposals are third-party audits with stringent independence requirements, safer technology assessment analysis of inherently safer technologies and designs, allowing local emergency responders to request that facilities become responding facilities, and information disclosures to the public and local emergency planning committees. These and other proposed requirements could substantially increase the burdens of compliance for facilities with RMP covered processes. Given the anticipated increase in RMP enforcement actions, facilities subject to these provisions should review which proposed provisions would apply to their covered processes and begin determining how they would achieve compliance if EPA’s rule is finalized as proposed. At a minimum, facilities will want to ensure that their risk management programs comply with EPA’s existing requirements.