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EPA Issues Proposed Amendments to its Risk Management Plan Regulations for the Prevention of Chemical Accidents

Prepared for the Katten Safety Advisory Group
Advisory | February 25, 2016

Today, the U.S. Environmental Protection Agency ("EPA") released a proposed rule to amend its Risk Management Plan ("RMP") regulations at 40 C.F.R. part 68.  The RMP regulations are issued pursuant to Section 112(r) of the Clean Air Act and require facilities with certain threshold quantities of listed hazardous substances to develop a risk management plan to prevent releases of hazardous substances and minimize the offsite impacts of such releases.  42 U.S.C. § 7412(r).  The proposed rule includes amendments related to: (1) a third party audit requirement after a reportable accident; (2) enhanced incident investigation requirements, including root cause analysis; (3) a requirement that three industries (paper, coal or petrochemical production, chemical manufacturing) conduct safer technology and alternatives analysis; (4) increased local coordination with local emergency planning committees ("LEPC"); and (5) increased information disclosure to LEPCs and the public....

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