EPA Finalizes RMP Safer Communities by Chemical Accident Prevention Rule

On March 11, 2024, the U.S. Environmental Protection Agency (EPA) published the Safer Communities by Chemical Accident Prevention (SCCAP) rule to the Federal Register, which amends the Risk Management Program (RMP). This amendment targets to provide additional protection to vulnerable communities from chemical accidents. These changes will affect many industries and key changes and compliance timelines are discussed below.

NEW AND MODIFIED REQUIREMENTS

Hazard Reviews and Process Hazard Analysis (PHA)

Program 2 process’ Hazard Reviews and Program 3 process’ PHA’s must evaluate and propose recommendations to address the potential loss of containment or impact to safety systems due to natural hazards such as extreme temperatures, high winds, floods, earthquakes, and wildfires. Additionally, these analyses must expand the current evaluation of safeguards to include standby or emergency power systems and facilities must ensure that any monitoring equipment that is associated with preventing or detecting releases of regulated substances has standby or backup power so that it can be continuously monitored.

Program 2 processes must now evaluate Facility Siting impacts. This is defined as the placement of processes, equipment, and buildings within the facility, and hazards posed by proximate stationary sources, and accidental release consequences posed by proximity to the public and public receptors. This is a new requirement for Program 2 processes and adds additional clarification to the Facility Siting review requirements which were previously in place for Program 3 processes.

Program 3 processes must now evaluate the most recently promulgated RAGAGEP to identify gaps between the existing design, maintenance, and operation and the most current version of RAGAGEP. Any recommendations from these evaluations which are declined will require documented justification which may have to be included in the Risk Management Plans.

Safer Technologies and Alternatives Analysis (STAA)

Program 3 processes at facilities that EPA has determined are higher risk of community impacts will be required to perform Safer Technologies and Alternatives Analysis (STAA).

Petroleum and coal products manufacturing (NAICS 324) and chemical manufacturing (NAICS 325) facilities will be required to consider and document options in the following order of preference:

• Inherently Safer Technology or Design (IST/ISD) – measures that minimize the use of regulated substances, substitute less hazardous substances, moderate the use of hazardous substances, or simplify covered processes to reduce likelihood and/or the impact of accidental releases.
• Passive measures – design features that reduce risk without requiring human, mechanical, or other energy input.
• Active measures – design features or engineering controls that rely on mechanical or other input to detect and respond to process deviations.
• Procedural measures – measures such as policies, operating procedures, training, administrative controls, and emergency response actions to prevent or minimize incidents.

The desired risk reduction can be achieved through a combination of the evaluated options.

A subset of these facilities will also be required to evaluate and document the practicability and feasibility of the inherently safe technology and design options. These facilities must implement at least one passive measure, IST/ISD, or a combination of active and procedural measures that provide equal or greater risk reduction than the passive measure. If no passive measures or IST/ISD are identified or all are not practicable, the facility must implement at least one active measure. If no active measures are identified or all are not practicable, the facility must implement at least one procedural measure. If passive and active measures were determined not practicable, the facility must document that justification based on environmental, legal, social, technological, or economic factors but may not be based solely on economic factors. This requirement will be applicable to:

• Petroleum and coal products manufacturing (NAICS 324) and chemical manufacturing (NAICS 325) facilities located within 1 mile of another RMP-regulated 324 or 325 facility.
• Petroleum and coal products manufacturing (NAICS 324) using hydrofluoric acid (HF) in an alkylation unit.
• Petroleum and coal products manufacturing (NAICS 324) and chemical manufacturing (NAICS 325) facilities which have had at least one RMP reportable incident since the last PHA.

Incident Investigations

The EPA is clarifying that Program 2, and 3 processes must use a recognized investigation method and will require that investigations are completed within 12 months for RMP reportable incidents.

Third Party Compliance Auditing

Facilities that EPA has determined are higher risk of community impacts will be required to perform third-party compliance auditing. This requirement will be applicable to:

• RMP facilities with a reportable accidental release since the most recent compliance audit.
• Any facility in which the agency determines and notifies the facility that a third-party audit is required due to conditions that could lead to an accidental release of a regulated substance.

Hot Work

Program 3 processes must extend retention of hot work permits to three (3) years.

Employee Participation

Program 2 and Program 3 facilities must develop a written Employee Participation plan and provide annual notification to employees and their representatives that the plan is available and how to access it. Facilities will also be required to train as often as necessary to ensure employees, their representatives, and management are informed of the details of the plan. Employees and their representatives must be provided with access to all information in the Prevention Program for Program 2 and Program 3 processes. Facility employee participation plans will also be required to include information for anonymously reporting unaddressed hazards that could lead to a catastrophic release, unreported RMP-reportable accidents, or any other issue of non-compliance with RMP requirements. These are new requirements for Program 2 and clarified or updated requirements for Program 3 processes.

Program 3 facilities must also consult with employees on development of implementation plans to address recommendations from PHAs, compliance audits, and incident investigations.

Program 3 processes must also include effective stop work authority for employees knowledgeable in the process and their representatives to:

• Recommend a process be partially or completely shut down based on the potential for a catastrophic release.
• Allow a qualified operator in charge of a unit to partially or completely shut down an operation or process based on the potential for a catastrophic release.

Emergency Preparedness

Notification – Both responding and non-responding sites must develop procedures for informing the public and the appropriate federal, state, and local emergency response agencies about accidental releases of RMP-regulated substances including providing timely data and information detailing the current understanding and best estimates of the nature of the release.

Emergency Response Exercises – All Program 2 and Program 3 facilities which are responding sites must conduct a field exercise at least once every 10 years which should involve simulating an accidental release of a regulated substance. A report following the field exercise will also be mandatory to complete within 90 days and must include a scenario description, names and organizations of participants, an evaluation of the results and lessons learned, improvement recommendations including a schedule to implement the improvements.

Information Availability

Facilities will be required to compile chemical hazard summaries and make them available to the public within 45 days upon request if they reside within 6 miles of a facility. This may include names of regulated substances, Safety Data Sheets (SDSs) for all regulated substances located at the facility, RMP accident history information, and certain pieces of emergency response program information.

Additional Clarifications

Process Safety Information: The rule clarifies that PSI is required to be current for Program 3 processes (previously only regulatory required for Program 2 processes).

Retail Facility Exemption: The definition has been modified to be one in which more than one-half of the annual income in the previous calendar or fiscal year is from direct sales to end users, or at which more than one-half of the fuel sold over that period, by volume, is sold through a cylinder exchange program.

For any questions about the impact to your facilities, please contact Alana Hodge ([email protected]).

Compliance Calendar