Environmental Insights

EPA’s Chemical Accident Prevention Provisions promulgated at 40 CFR Part 68 are commonly referred to as the Risk Management Program (RMP) rule. Requirements are similar to OSHA’s Process Safety Management (PSM), but go further in several respects.

One difference is that it covers some substances that are not subject to PSM. For instance, PSM regulates aqueous ammonia above 44% concentration if the onsite quantity exceeds 15,000 pounds. However, RMP further regulates aqueous ammonia above 20% concentration (and below 44%) if more than 20,000 pounds is stored onsite.

Chemicals that are not subject to PSM are regulated under either Program 1 or Program 2. Facilities are eligible for Program 1 (40 CFR §68.10(g)) if they have not experienced a qualifying accidental release within the previous five years and the distance to a toxic or flammable endpoint is less than the distance to a public receptor, based on the required offsite consequence analysis. Program 2 applies to covered processes that do not qualify for Program 1 or Program 3. Program 3 generally applies to processes subject to OSHA's Process Safety Management standard and certain other covered processes specified in 40 CFR Part 68.

EPA requires submission of information that is not required under OSHA's PSM standard. Within Subpart G of the rule (40 CFR §68.150 et seq.), required information includes a registration, offsite consequence analysis, five-year accident history, prevention program information, emergency response information, and certification. The RMP must be reviewed, updated, and resubmitted at least every five years and sooner when certain changes occur that affect the covered process or the information contained in the plan.

In addition to prevention program requirements, the current RMP rule includes emergency response coordination, emergency response exercises, and other accident prevention and preparedness measures designed to reduce the consequences of accidental releases.

Another key difference between RMP and PSM is the language within the General Duty Clause (GDC). It applies to any extremely hazardous substance, a term that is not defined in §112(r) of the 1990 amendments to the Clean Air Act. As a result, EPA has discretion to apply the GDC to substances that are not included on EPA’s list of regulated substances in 40 CFR Part 68. Companies should consider implementing appropriate process safety and risk management practices for highly hazardous toxic or flammable chemicals to help demonstrate compliance with the General Duty Clause. These practices may include process hazard analyses, employee participation, operating procedures, training, mechanical integrity, contractor management, and emergency response planning.