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Regulatory Updates

Changes to EPA's Risk Management Program (RMP) Regulations Are Here

Kent Kading, Dan Curry, Amer Khaqan | April 2, 2024

Get Ready to Meet New Requirements and Compliance Timelines

Changes to the Risk Management Program (RMP) regulations were signed into a final rule on February 27, 2024, by EPA Administrator Michael S. Regan. The amendments to 40 CFR Part 68 – known as the “Safer Communities by Chemical Accident Prevention” (SCCAP) – have established several new and revised compliance requirements which must be met by May 10, 2027.

Summary of Key Provisions of the Revised Rule

EPA’s new amendments and revisions focus on incorporating or enhancing changes to the following RMP provisions:

Safer Technologies and Alternatives Analysis (STAA): The new requirements focus on the concept of “inherently safer technology or design.” The STAA emphasizes minimizing the use of RMP-regulated substances, using substances that are less hazardous and simplifying process(es) to prevent an accidental release. The new STAA requirements specifically apply to North American Industrial Classification System [NAICS] Code 324 & 325 facilities: the petroleum and coal products manufacturing and chemical manufacturing, respectively. Applicable facilities must consider and document, in the following order of preference, inherently safer technology or design, and measures that are passive, active and procedural in nature as part of the process hazard analysis (PHA) performed on any covered processes.

Facility Siting: The new rule strengthens the explicit demonstration of proper facility siting for covered process(es) within the facility boundaries. The reviews must also include natural hazards (e.g., earthquakes, floods, tornadoes, hurricanes, etc.) and power loss as part of the analysis. As part of the hazard review or PHA, facility siting must include an analysis on the placement of processes, equipment and buildings within the facility, and hazards posed by proximate stationary sources, and accidental release consequences posed by proximity to the public and public receptors.


Root Cause Analysis: The new rule requires a root cause analysis for each incident that resulted in on-site deaths; injuries or significant property damage; or known offsite deaths, injuries, evacuations, sheltering in place, property damage or environmental contamination. The root causes must be determined by conducting an analysis for each incident using a recognized method.

Employee Participation: The new rule expands and specifies the actions associated with employee participation requirements, including the development of a written plan of action regarding the implementation of the employee participation requirements (e.g., annual notice, additional training where needed, etc.).

Emergency Response Program: The revised rule requires that responding facilities add greater detail to their written plans and that non-responding RMP facilities work with the communities and agency response partnerships to ensure the development and implementation of detailed written plans.

Emergency Response Exercise: The new rule requires that responding RMP facilities must conduct a field exercise at least once every 10 years unless the appropriate local emergency response agencies deem the frequency is impractical to meet the emergency response objectives.

Compliance Audits:  The revised rule requires the owner or operator of the facility to certify that they have evaluated compliance with the applicable provisions of this 40 CFR 68, at least every three years to verify that the procedures and practices developed are adequate and are being followed.

Third-Party Compliance Audits: The revised rule requires that a third-party conduct a compliance audit if the facility has an accidental release from a covered process that resulted in deaths, injuries, or significant property damage on site, or known offsite deaths, injuries, evacuations, sheltering in place, property damage, or environmental contamination.

Recognized and Generally Accepted Good Engineering Practices (RAGAGEP): The new rule emphasizes that the process (not just the equipment) be designed, maintained, and documented in compliance with RAGAGEP.

Availability of Information to the Public:  The facility must provide within 45 days of the request by any member of the public residing, working, or spending significant time within six miles of the fence line of the facility, specific chemical hazard information for all regulated processes.

Compliance Requirements and Timelines

The new rule has established timelines for applicable covered processes and RMP-regulated facilities to come into compliance:

By March 15, 2027, implement the revised emergency response field exercise frequency provision or within 10 years of the date of an emergency response field exercise was conducted between March 15, 2017, and August 31, 2022.

By May 10, 2027, facilities shall implement:

  • The third-party audit provisions
  • Incident investigation root cause analysis provisions
  • Safer technology and alternatives analysis provisions for NAICS Code 324 and Code 325
  • Employee participation, emergency response and availability of information provisions; and
  • Conduct an emergency response field exercise within specified deadlines.

By May 10, 2028, include additional specific information in the RMP as applicable.

TRC Can Help

The changes to EPA’s RMP regulations are extensive and will have significant impacts on compliance programs going forward. We encourage all impacted organizations to review the published rule in detail and begin planning right away to meet the deadlines.

TRC has compliance specialists and chemical engineers who can help you understand the intricacies of the RMP rule and prepare your RMP-regulated facility to conform and comply with the requirements and obligations associated with the new and revised rule changes.

For more information, review our related services or contact us today.

Kent Kading

Kent Kading leads TRC’s Environmental, Health and Safety (EHS) Services across the organization. He is responsible for the planning, operations, execution and delivery of EHS Services performed by TRC EHS engineers, scientists and specialists to our clients. He has over 30 years of experience leading EHS permitting, compliance and management system services for clients world-wide. Kent has significant experience developing, implementing and evaluating multi-media EHS compliance programs and management systems for various industrial clients. He has conducted comprehensive compliance audits, environmental/health risk assessments, process safety management/risk management plan development and support and air and water permitting projects at a variety of industrial facilities. He also has provided industrial clients across the United States with a variety of EHS Services including: air quality permitting and compliance; wastewater permitting and compliance; stormwater permitting and compliance; hazardous waste management; EPCRA reporting and compliance; OSHA/state programs health & safety compliance with program standards, including confined space, lockout tagout, hazard communication, walking-working surfaces, electrical safety, hot work and other industrial safety programs. Contact Kent at

Dan Curry

Mr. Curry has 35 years of environmental engineering and compliance experience within a wide variety of industries and processes. He has served as the program leader on several large due diligence projects, new facility siting projects, turnkey remediation projects and development and implementation of EHS and sustainability programs. His area of expertise is understanding process and how varying inputs effect outputs, particularly in waste generation and compliance. Contact Dan at

Amer Khaqan

Amer Khaqan is the Service Team Leader for Process Safety Management and Risk Management Planning services at TRC. He has over 30 years of experience and expertise with OSHA’s PSM program, EPA’s RMP program, compliance auditing programs, risk management consulting services, EHS and ISO management system services and EHS training program development and implementation. Amer has also led EHS & ESG consulting services targeted across chemical process and manufacturing industries, and is knowledgeable of ESG reporting frameworks, greenhouse gas accounting and carbon trading systems. Contact him at

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