Introduction
The U.S. Environmental Protection Agency (EPA) has proposed amendments to its Risk Management Program (RMP) regulations under the Clean Air Act, as detailed in the Federal Register entry dated February 24, 2026. This proposed rule, titled 'Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Common Sense Approach to Chemical Accident Prevention,' aims to refine changes made in the 2024 Safer Communities by Chemical Accident Prevention (SCCAP) rule. Issued by the EPA under President Trump's administration, the proposal addresses 14 key areas, including safer technology analyses, information availability, and emergency response exercises. It seeks to enhance safety by avoiding redundant mandates, aligning with Occupational Safety and Health Administration (OSHA) standards, and eliminating burdens unsupported by data showing accident reductions. This development follows Executive Orders 14148 and 14154, emphasizing deregulation and energy sector relief. The proposal affects over 11,000 facilities handling regulated substances, potentially saving $234.7-240.3 million annually while maintaining protections against chemical accidents.
Background and Regulatory Evolution
The RMP, established in 1996, requires facilities with threshold quantities of regulated substances to implement prevention programs, emergency response plans, and risk management plans. It categorizes processes into Programs 1, 2, and 3 based on risk levels, with Program 3 aligning closely with OSHA's Process Safety Management (PSM) standard. The program has evolved through amendments: the 2017 rule added elements like third-party audits; the 2019 Reconsideration rule rescinded many; and the 2024 SCCAP rule reinstated and expanded provisions, prompted by Executive Order 13990 under the prior administration.
This proposal responds to Executive Orders under President Trump, revoking prior directives and reviewing burdensome regulations. It targets the 2024 rule's expansions, citing declining accident rates (from 147 in 2014 to 81 in 2023) and lack of data proving benefits from added requirements. Key players include the EPA as regulator, OSHA for coordination, and industry stakeholders like petroleum refineries (NAICS 324) and chemical manufacturers (NAICS 325). Legal precedents, such as Air Alliance Houston v. EPA (2018), affirm the EPA's authority to amend rules subject to arbitrary and capricious review.
Key Proposed Revisions and Analysis
Safer Technologies and Alternatives Analysis (STAA)
The proposal rescinds STAA implementation and practicability requirements for existing facilities in NAICS 324 and 325, retaining evaluations only for new Program 3 processes. This addresses the 2024 rule's high costs ($208.9 million annually) without proven accident reductions. Analysis shows accidents declined 45% from 2014-2023, suggesting effective existing programs. Perspectives vary: advocates like the Chemical Safety Board emphasize inherent safety, while industry notes risk-shifting concerns. Implications include $214.2 million in savings but potential missed opportunities for innovation in high-risk sectors like HF alkylation.
Information Availability and Public Data Tool
The EPA proposes shifting chemical hazard information provision to an agency-maintained Public Data Tool, rescinding direct facility obligations. This balances security (e.g., limiting searches to county-level) with transparency, citing Department of Justice concerns on data consolidation aiding threats. Studies show informed communities enhance preparedness, yet no link to increased criminal acts. Short-term: reduced facility burden ($12.7 million savings); long-term: improved emergency planning, though inactive Local Emergency Planning Committees (1,236 nationwide) pose challenges.
Third-Party Compliance Audits
Co-proposed options: rescind all or limit to facilities with two accidents in five years, with a 10-year sunset. This targets high-risk sites (177 facilities had multiple accidents 2014-2023) while addressing auditor shortages. Evidence from enforcement cases supports benefits, but data gaps persist. Alignment with OSHA PSM avoids duplication; sunset allows evaluation, potentially saving $7.5 million annually.
Employee Participation and Emergency Response
Rescissions include training on participation plans and stop-work authority, realigning with OSHA. Retention of annual plan notices ensures awareness. Emergency provisions clarify joint facility-local responder roles in notifications, adding RMP submission data on systems. Declining accidents (43% drop in NAICS 324/325) suggest minimal safety impact, with $11.3 million savings.
Other Provisions: Hazards, Power Loss, and Permits
Rescissions of natural hazard emphasis, backup power for monitors, and extended hot work permit retention reduce redundancy. Data show equipment failure (52%) far outpaces natural causes (3%), supporting focus on prevalent risks. Alignment with OSHA PSM streamlines compliance.
Evidence and Perspectives
Accident data from 2014-2023 underpin revisions: 335 offsite-impact incidents, with proposed changes targeting underperformers without broad burdens. CSB investigations (e.g., West Fertilizer) inform but do not mandate expansions. Industry views emphasize costs ($256.9 million annually from 2024 rule); environmental groups stress protections. No endorsement of perspectives; revisions reflect data-driven balance.
Key Takeaways and Future Trajectories
This proposal prioritizes efficiency, saving $234.7-240.3 million annually while upholding safety. It underscores performance-based approaches over prescriptive rules, with potential for guidance on hazards. Ongoing debates may focus on data collection for STAA effectiveness. Next steps include public hearings and finalization, potentially influencing energy sectors amid climate challenges.
