Key Contacts
Practice Areas
EPA Proposes Rollback of Key RMP Requirements in “Common Sense Approach to Chemical Accident Prevention” Rule
As predicted in our forecast article, EPA proposed to revise its Risk Management Program (RMP), applicable to facilities that handle “extremely hazardous substances.” The proposal, referred to as the Common Sense Approach to Chemical Accident Prevention, intends to undo many provisions finalized in the Biden Administration’s former Safer Communities by Chemical Accident Prevention (SCCAP) Rule. See Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Common Sense Approach to Chemical Accident Prevention, 91 Fed. Reg. 8970 (Feb. 24, 2026). EPA has proposed to remove the provisions of the Program as implemented by the SCCAP Rule, arguing that the Agency’s “main objectives . . . are to avoid duplicative requirements, realign RMP requirements with OSHA PSM requirements, and eliminate unnecessary burdens placed on facilities where there are not specific data available to show that the current RMP standards would reduce or have reduced the number of accidental releases.”
There are several notable changes to the RMP contained in EPA’s proposal. First, EPA is proposing to rescind the requirement for facility with Program 3 regulated processes in NAICS codes 324 and 325 to conduct safer technologies alternatives analyses (STAA) on the basis that a “compliance- and performance-driven program that directly targets sources with less effective prevention programs through enforcement actions is more appropriate because it does not unduly burden sources that have effective prevention programs.” STAA would only be required for newly covered Program 3 processes.
Next, EPA proposes to either rescind entirely the third-party audit requirement from the SCCAP Rule or require third-party audits only for facilities that have had at least two RMP-reportable accidents within 5 years, with the possibility of eventually eliminating the program altogether.
While the SCCAP Rule expanded public access to chemical hazard information and accident data, EPA’s proposal would roll back such requirements and instead would utilize a RMP Public Data Tool with limited search capabilities. EPA states that reducing the availability of certain hazard information would address security concerns and limit administrative burden on the regulated community.
The proposal would also remove or reduce certain employee participation and worker safety provisions finalized in the SCCAP Rule, including employee participation provisions, expanded training requirements, and employee involvement in the hazard analysis process. EPA states that this action would better align the RMP with the OSHA PSM standard and eliminate duplicative participation requirements.
In addition, EPA would remove the requirement to evaluate natural hazards, including climate change impacts, as part of the process hazard analyses, noting that only about 3 percent of RMP-reportable accidents involved natural hazards.
EPA proposes several other revisions regarding stationary source siting analyses, with the underlying theme that the changes would reduce administrative burden and result in annualized cost savings from the proposal of $234.7-240.3 million at a 3 percent discount rate and $236.2-241.9 million at a 7 percent discount rate.
EPA is accepting comments through April 10, 2026.
The deadline for submission of comments has been extended to May 11, 2026.
