Final Risk Management Program (RMP) Reconsideration Rule

RMP Reconsideration Final Rule

On December 19, 2019, the EPA Administrator signed the Risk Management Program (RMP) Reconsideration final rule, which modifies the existing rule to remove 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.

• Final Rule: Accidental Release Prevention Requirements: Risk Management Programs under the Clean Air Act, December 19, 2019 
• Fact Sheet: Risk Management Program (RMP) Reconsideration Final Rule
• Risk Management Program RMP) Reconsideration Final Rule Q&A
• Responses to Comments on Final Rule 
• Final Rule Regulatory Impact Analysis 

On December 19, 2019, EPA finalized changes to the Risk Management Program (RMP) Amendments to 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.  

On January 13, 2017, the Final Amendments to the RMP Rule 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.  

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. 

On May 17, 2018, the EPA 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. 

On November 20, 2019, the EPA Administrator signed the Final RMP Reconsideration Rule.

On August 18, 2022, EPA Administrator Michael S. Regan signed the Proposed RMP Safer Communities by Chemical Accident Prevention Rule.

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