A chemical plant Risk Management Program (RMP) rule enacted by the Environmental Protection Agency (EPA) went into effect on March 1, after years of legal challenges, administration changes, industry push back, and other delays.

Hailed as the “EPA’s most protective safety provision for chemical facilities in history,” the RMP is designed to reduce the risk of hazardous chemical exposure to surrounding neighborhoods, first responders, and chemical plant personnel. As federal, state, and local officials consider enforcement, industry leaders will need to become intimately familiar with the rule’s requirements. This is what plants need to know about the EPA’s RMP regulation.

What is the EPA’s RMP Regulation?

The RMP rule leverages Section 112(r) of the 1990 Clean Air Act to regulate and oversee facilities with a history of chemical spills and accidents. Plants handling extremely dangerous materials — even without a blemished safety record — are tasked with creating a Risk Management Plan.

The final rule, now embedded in the Clean Air Act, applies to more than 11,700 chemical plants, warehouses, and storage facilities. Upwards of 131 million people reportedly reside within 3 miles of plants that handle hazardous chemicals.

The EPA has reportedly identified approximately 620 plants working with highly toxic chemicals that also have an unacceptable accident history. These facilities are expected to be an early focus as the EPA and impacted local officials implement the RMP rule.

Owners, CEOs, and chemical plant leadership teams are required to conduct a thorough review of their operations and identify pain points. The next step is to consider alternative methods and products that improve safety for workers and nearby communities. The EPA published an extensive list of chemicals that fall under the purview of the RMP rule.

How Does the EPA’s RMP Regulation Work?

The EPA program provides guidelines for chemical facility organizations to determine what effects a chemical spill would have on employees, neighboring areas, and first responders, among others. Companies need to take proactive measures to avoid incidents and provide detailed steps for emergency response solutions.

What is atypical of a federal rule is that businesses are not necessarily just dealing with the EPA. This initiative furthers plant-community communication and transparency by bringing local officials into the loop. Area fire departments and emergency response teams receive a copy of the RMP. This move allows HazMat teams, firefighters, EMTs, and others to develop a response plan that includes best practices, specific personnel protective equipment (PPE), and disposable protective clothing that addresses the hazards. These are elements contained in a chemical plant RMP.

  • Comprehensive Hazard Assessment
  • Accident History and Potential Effects of an Incident
  • Worst Case Scenario Planning
  • Accident Prevention Program
  • Ongoing Maintenance and Safety Monitoring
  • Employee Safety Awareness Training
  • Emergency Response Program

Corporations must include a 5-year accident history and detail how spills, fires, and explosions will be promptly communicated to residents, HazMat teams, first responders, and government officials.

The program also adds an essential element that speaks to workplace safety. The EPA rule makes it compulsory to educate and train employees about PPE, protective clothing, best practices, and specific ways to maintain an accident-free environment. Plants are also required to update and publish a revised RMP every five years going forward.

The RMP Rule: How Did We Get Here?

In 2013, the West Fertilizer Company experienced an ammonium nitrate explosion that resulted in the deaths of 15 people, primarily firefighters responding to the incident. Located about 18 miles outside of Waco, Texas, another 160 people sustained injuries, and approximately 150 buildings at or near the storage facility site were destroyed or damaged.

The storage operation supplied chemicals to farmers since 1962. It changed ownership in 2013 but had not been inspected by the Occupational Safety and Health Administration (OSHA) since 1985. The company had been modestly fined $30 for improper storage practices, far lower than the maximum $1,000 penalty. Ammonia smells and violations later resulted in fines of more than $5,000. In 2006, the EPA hit West Fertilizer with a $2,300 fine for not filing a risk management program plan.

Firefighters reportedly arrived on the scene to douse the chemical fire when an explosion equivalent to approximately 10 tons of TNT reduced the buildings to rubble and damaged nearby structures, including a middle school. Texas Department of State Health Services reports indicate that West Fertilizer housed up to 270 tons of volatile ammonium nitrate during the previous year.

In the waning days of the Obama Administration, a safety rule was rushed through and never finalized. It would later be rescinded by the Trump Administration due to legal challenges, having yet to go through the complete public comment and rule creation process.

In 2022, the Biden-Harris Administration revived the Obama-era rule and shepherded it through the rule-making process. Public comments reportedly topped 60,000. Despite resistance from the American Chemistry Council regarding some aspects of the RMP rule, chemical processing plants, storage facilities, and distribution hubs must adhere to its guidelines.

The rule that became effective on March 1, uses existing chemical sector safety regulations and metrics. Among other health and safety measures, it cites the Toxic or Flammable Substances for Accidental Release Prevention as a baseline. Operations that handle chemical agents on the Toxic or Flammable Substances list must submit an RMP plan every five years.

What is the Impact of the EPA’s RMP Rule?

Members of the Chemical Safety and Hazard Investigation Board and grassroots groups such as Coming Clean are touting the passage and implementation of the EPA rules as a way to “prevent chemical disasters.” It gives abutters, nearby neighborhoods, and emergency response personnel advanced warning about hazardous chemicals. According to reports, 44 million low-income community members live and work near these facilities.

Private-sector corporations are generally cautious about disclosing information that could paint them in a poor light. The EPA’s RMP rule cuts to the chase and forces operations that could potentially put everyday people at risk to make the dangers known. It’s also important to note that workers at chemical processing plants and at-risk warehouse workers must follow safety guidelines such as the following.

  • Chemical Hazard Communication: Companies must provide information about chemicals used in the workplace. Chemicals must be identified, and employers must educate personnel about risks and safety measures. The standard approach involves crafting a written plan published for workers and community members under the RMP.
  • Chemical Storage and Handling: Companies are responsible for crafting and publishing best practices and safety measures for employees to follow. These generally include methods for storage, transporting, mixing, or utilizing hazardous agents. Proper labeling and handling procedures are to be included in a workplace safety policy.
  • Safety Training:Employers are advised to provide ongoing training using a language and vocabulary that is easily understood. Supervisors or safety administrators can set aside time to hold on-site instruction and demonstrate handling, storing, and labeling hazardous chemicals. It’s also prudent to show all new hires how to perform their duties in a safe fashion.
  • Personal Protective Equipment: OSHA regulations mandate the use of PPE and disposable protective clothing for chemical plant and storage site personnel. These generally include wearing protective clothing that meets industry standards for chemical splash resistance. Specific items include gloves, coveralls, hoods, goggles, face shields, respirators, breathable masks, footwear coverings, and a variety of accessories.