In a notice of proposed rule making, EPA is proposing the following changes to the RMP rule as amended in 2024.  This rulemaking is titled “Common Sense Approach to Chemical Accident Prevention”.  The proposal rolls-back quite a bit, but not everything.

1. Safer Technology and Alternatives Analysis (STAA)

        EPA proposes to eliminate the broad mandate and use a targeted approach.

  • Rescission for Existing Sources: The proposal removes the requirement for existing petroleum refineries (NAICS 324) and chemical manufacturers (NAICS 325) to conduct STAA evaluations or document the “practicability” of inherently safer technologies (IST).
  • Mandate for New Processes: Instead, EPA proposes that an initial STAA evaluation be required only for new Program 3 processes (regardless of NAICS code) during their initial design phase, arguing that Safer Technologies are always best implemented early in a facility design.
  • Implementation Rollback: rescind the requirement for facilities to implement at least one practicable passive (or equivalent) safeguard measure resulting from an STAA.

2. Information Availability & Security

        EPA proposes to balance public access to chemical hazard information with need for site security.

  • Rescission of Public Requests: Companies no longer required to provide detailed chemical hazard information directly to the public upon request.
  • Centralized Public Data Tool: Information will instead be provided through an EPA-maintained online Public Data Sharing tool.
  • Restricted Search: tool would remove map displays and limit search criteria to the county or facility name level.

3. Third-Party Compliance Audits

        The EPA is proposing two options to move away from the 2024 “one-accident” trigger for 3rdparty audits.

  • Option 1: Complete rescission of all 2024 third-party audit provisions.
  • Option 2: Modify the criteria so that only facilities with two or more RMP-reportable accidents in a five-year period are required to use a third-party auditor. In this option, the requirement would sunset after 10 years.

4. Employee Participation

        The proposal seeks to realign worker participation rules with OSHA standards, notably  Stop Work Authority: EPA proposes to rescind the specific mandate for “Stop Work Authority”.

5. PHA / Hazard Analysis 

        EPA proposes to remove language that explicitly listed certain hazards (like natural disasters), and revert to the pre-2024 general requirement for facilities to evaluate all relevant external risks.

  • Natural Hazards & Siting: Deletes regulatory text added in 2024 regarding “natural hazards” (including climate change impacts) and detailed “facility siting” considerations.
  • Power Loss: Rescinds the requirement to emphasize power loss in PHA and the mandate for standby/backup power for release-monitoring equipment.
  • Declined Recommendations: Rescinds the requirement for facilities to report to the EPA their justifications for declining recommendations related to natural hazards, siting, or power loss.

Compliance dates for remaining provisions in the 2024 rule (e.g., unchanged 2024 rules on incident investigation and emergency response) remain May 10, 2027.  EPA proposes that any new or modified provisions from this rulemaking would take effect 3 years after the final rule’s publication.