epa risk management plan template

epa risk management plan template is a epa risk management plan sample that gives infomration on epa risk management plan design and format. when designing epa risk management plan example, it is important to consider epa risk management plan template style, design, color and theme. secure .gov websites use https a lock (locka locked padlock) or https:// means you’ve safely connected to the .gov website. risk management is a distinctly different process from risk assessment. in the risk management process, the results of the risk assessment are integrated with other considerations, such as economic or legal concerns, to reach decisions regarding the need for and practicability of implementing various risk reduction activities. as described in epa’s risk characterization handbook, risk managementthe process of deciding whether and how to manage risks.

epa risk management plan overview

(source: crs 2005) is a process that evaluates options for protecting public health and the environment. risk management is informed by scientific assessment of risks to human and ecosystem health with information drawn from toxicology, chemistry, epidemiology, ecology, and statistics – to name a few. risk management also is informed by: epa and other agencies often request reporting of chemical releases or occurrence of other potentially hazardous situations to assist in risk management. emergency risk management generally is planned among a group of local, state, and federal agencies to facilitate rapid response and interagency and public communications.

the ofr/gpo partnership is committed to presenting accurate and reliable regulatory information on federalregister.gov with the objective of establishing the xml-based federal register as an acfr-sanctioned publication in the future. please refer to the supplementary information section of this preamble for additional information on the public hearings. for detailed instructions on sending comments and more information on the rulemaking process, see the “public participation” heading of the supplementary information section of this preamble. please note that because of current cdc recommendations, as well as state and local orders for social distancing to limit the spread of covid–19, epa cannot hold in-person public meetings at this time. the purpose of this action is to propose changes to the rmp rule in order to improve safety at facilities that use and distribute hazardous chemicals. each modification of the rmp rule that epa proposes in this document is based on epa’s rulemaking authority under caa section 112(r)(7) (42 u.s.c. epa seeks further information on the estimated costs of these provisions and whether these costs should accrue to this proposal. although epa was unable to quantify the reductions in damages that may occur as a result of the proposed rule provisions, epa expects that a portion of future damages would be prevented by the proposed rule. the program 3 prevention program is fundamentally identical to the osha psm standard and designed to cover those processes in the chemical industry. epa received a total of 27,828 public comments in response to the request for comments. the emergency response provisions in this rule modify existing provisions that provide for owner or operator responses to accidental releases. therefore, epa is authorized to modify the provisions of the current rmp regulations if it finds that it is reasonable to do so. [17] using a yearly average for the 2017 amendments rule (2004–2013) and the 2019 reconsideration rule (2014–2016), in 2019 epa found declining yearly averages for every metric of onsite and offsite damage. while enforcement of the rmp regulation has and will continue to occur, epa expects under a rule-drive approach most facilities will proactively make the necessary prevention improvements to be in compliance with the rule to avoid enforcement. these evaluations often use qualitative techniques to pinpoint weaknesses in the design and operation of facilities that could lead to incidents. epa is also proposing to emphasize that facility siting should be addressed in hazard reviews, and to explicitly define the facility siting requirement for program 2 and program 3 hazard evaluations. therefore, epa is proposing to emphasize that natural hazards should explicitly be included in the hazards evaluated in hazard reviews and phas for program 2 and program 3 rmp-regulated processes. [34] with new studies showing that the threat of natural hazards is increasing, actions to ensure natural hazards are evaluated and properly managed are critical. epa is also proposing to define natural hazards in a way that is similar start printed page 53569 to the description used by ccps. the aforementioned 2017 arkema incident highlighted the hazard of power loss on process safety; other previous incidents have also highlighted this hazard and offered lessons on potential safeguards that could be applied to prevent accidental chemical releases. the alert outlined some of the accidents previously discussed and warned that process operations must be evaluated for the consequences of power outages to ensure that the process remains safe. therefore, epa is proposing to further emphasize loss of power in the hazards evaluated in hazard reviews and phas for program 2 and program 3 rmp-regulated processes. [68] while epa is not requiring implementation of standby or emergency power for the entirety of an rmp process, epa is proposing to require air pollution control or monitoring equipment associated with prevention and detection of accidental releases from rmp-regulated processes to have standby or backup power to ensure compliance with the intent of the rule. as accidents continue to happen, epa is proposing to emphasize the intent of the required siting evaluation to ensure protection of human health and the environment. for example, in 2018, epa took an enforcement action against an agricultural anhydrous ammonia sales operation in missouri that failed to identify the hazards associated with the proximity of the facility to a home and a nearby firehouse. the leak caused 16 injuries and resulted in the evacuation of the building, the closure of a nearby intersection, and the need for nearby residents to shelter in place. because there is a breadth of guidance on siting, epa believes there is adequate information available for facilities to comply with the proposed text. epa is proposing a requirement in 40 cfr 68.67(c)(9) for some program 3 regulated processes to consider and document the feasibility of applying safer technologies and alternatives as part of their pha. epa is also proposing to include a more comprehensive practicability assessment, in addition to the staa evaluation requirements as part of the pha. epa believes that some of the practicability of implementation will be identified in the course of the pha and that for many processes, owner/operators will already know if implementing a particular technology is practicable. [114 115] epa contends that the practicability of these potentially safer alternatives is situation-specific and that owners and operators are usually in the best position to make these determinations. a state elected official said that epa should require refineries to evaluate the replacement of these chemicals and report their findings to epa within a year. epa notes that rmp facilities in the two selected sectors have been responsible for a relatively large number of accidents, deaths, injuries, and property damage. although the rate of rmp facility accidents in new jersey and massachusetts have declined, epa found that this decline is less than the decline in accidents for rmp facilities nationally over the same period. finally, in proposing to reestablish staa requirements for facilities in naics 324 and 325 located within 1 mile of another naics 324 or 325 facility and those refineries with hf alkylation processes, epa has determined that there are likely limited legitimate reliance interests associated with the 2019 reconsideration rule’s elimination of these requirements. to the extent that commenters have additional considerations relating to probability and the effectiveness of staa provisions if extended to all industries, epa requests commenters provide this information to epa. the benefits of requiring staa for these facilities would have to be justified in relation to the costs and epa needs more information on such costs before applying any requirements to these facilities. in this case, epa focused on numerous accidental releases that had the potential to cause a secondary release of hf from alkylation units rather than actual hf releases and their consequences. epa is also proposing that a summary of this information be submitted to epa as part of the staa technology transfer section. epa also stated that it did not rely exclusively on a comparison of costs and benefits to justify the rescission, but also acted to maintain consistency with the osha psm standard. the 2019 rule has only been in place for three years and any accident investigation in the past, under way, or that otherwise would be required that predate the proposed rule will not have to be revised or changed in scope should epa finalize the proposed change. [169] in the 2017 amendments rule, epa discussed that conducting incident investigations as soon as possible after an incident may yield better quality data and information, although it may take time to collect, validate, and integrate data from a range of sources. epa is also amending both 40 cfr 68.81 and 68.60 to require that a report be prepared at the conclusion of the investigation and completed within 12 months of the incident (though it will allow for facility owners or operators to request an extension from the implementing agency). epa discusses the increased accident severity, frequency, and consequences for these facilities in the staa section (iv.a.2.a) of this preamble. in the 2016 proposed amendments, epa explained that poor compliance audits have been cited by epa and csb as a contributing factor to the severity of past chemical accidents and that in some cases, epa has required third-party audits in enforcement settlement agreements. the commenter stated that these audits are critical to protecting high-risk facilities and suggested that epa ensure these audits are not used to merely satisfy a requirement. epa discusses the increased accident severity, frequency, and consequences for these facilities in the staa section (iv.a.2.a) of this preamble. epa is also proposing to adopt the same categories outlined in section iv.a.1.e of this preamble for owners and operators to justify declined third-party-issued compliance audit findings. although process industries are aware of the value of worker participation programs, opportunities exist to strengthen these programs and requirements for rmp-regulated facilities in a way that will protect human health and the environment. therefore, epa is proposing to add additional regulatory provisions to the employee participation requirements for owners and operators of regulated facilities with program 2 and program 3 processes. the pha team requested a review of experience and training for relevant operators to address their safety concerns. this representative—chosen by employees—would participate in all stages of developing and implementing a risk management program and have access to all documents or information pertaining to the facility’s rmp. [232] in addition, the regulation start printed page 53591 requires that employers document and respond in writing to employee reports of hazards or requests to shut down a process.

epa risk management plan format

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epa risk management plan guide

it also found that the training, experience, and seniority of employees were factors in employees choosing whether to use the stop work authority. with the current provisions in the rmp rule, epa believes many facilities with rmp processes already have the appropriate measures to identify, reduce, and mitigate the threat of an accidental release before it happens. epa took this action so that government, industry, and the public would be more quickly alerted to the possibility of similar accidents occurring elsewhere. [253] in 2018, a facility with a program 2 process in iowa had an ammonia release that caused 500 members of the public to evacuate and 45 people to shelter in place. [261] as with the other new provisions proposed in this employee participation section, epa is proposing these rmp accident and non-compliance employee participation provisions because it wants to ensure that owners and operators who have not fully developed strong employee participation programs have further measures in place to ensure their commitment to process safety in order to prevent and minimize accidental releases of hazardous substances. after reviewing the data, epa believes that more can be done to improve emergency responses, particularly in the field of timely notification of releases to the public and detection of those releases. the community alarm process identified in the facility’s emergency response program required the deployment of an employee to drive to the facility’s fenceline and use a handheld ammonia monitor to determine if the alarm should be activated. astm e3241–20 specifically indicates that facilities must participate in the development of public warning and evacuation procedures and that they must collaborate with local emergency responders to mutually develop protocols for public warning and orders to shelter or evacuate. the proposed provision would require facilities to develop and implement, as necessary, procedures for informing the public and the appropriate federal, state, and local emergency response agencies about accidental releases of rmp-regulated substances and ensure that a community notification system is in place to warn the public within the area threatened by a release. epa is also proposing to amend 40 cfr 68.90(b)(3) and 68.95(c) to require facilities to provide necessary entities with initial rmp accidental release information during releases of regulated substances in order to ensure that information is available to the public and the appropriate federal, state, and local emergency response agencies. therefore, epa is proposing to explicitly state the required provisions of the community response plan in the rmp regulatory text. however, epa maintains that exercising emergency response plans within a reasonable, frequent time frame is vital to ensuring that emergency response programs will work well in the event of an accidental release. epa expects that the frequency of field exercises and any justification for not being able to conduct them on a 10-year schedule will be discussed through annual coordination meetings. epa believes that, in most cases, these accidental releases would be those that need to be investigated per 40 cfr 68.60 and 68.81. many of the incident investigation and exercise evaluation reporting requirements are similar. because rmp facilities were, and will continue to be, in possession of this information, it is unlikely that such a change would result in any possible prejudice to the facilities based on their reliance on the 2019 reconsideration rule provisions, which have only been in place for 3 years. [306] epa found that public disclosure of risk management plan information would likely lead to a reduction in the number and severity of accidents. to request facility information, a member of the public would need to know how to access it, have the means to access it, and know that the facility exists in their community in order to determine how to access and request the information. epa maintains that public disclosure of risk management plan information would likely lead to a reduction in the number and severity of accidents. pre-incident information, such as the locations of facilities and potential disasters, allows communities to be more prepared for disasters,[320] which doj also recognized in its 2000 risk assessment. based on experience, epa has identified various aspects of the rmp rule that use different terminology for the same requirement, have outdated definitions, or would be simpler for sources to implement with more discussion in the text of the regulation. the requirement to issue a hot work permit,[324] including documentation of necessary fire protection and prevention measures, is currently in the rmp regulation only for program 3 processes. specifying a definite period of time would eliminate this uncertainty and allow owners and operators to determine more accurately whether regulated substances in a process are subject to the rmp provisions. for this provision, the agency is also proposing to modify the rationale that “[a]n alternative measure would provide a sufficient level of protection” by adding that the safety measures adopted in lieu of the ones recommended by the pha team must be recognized and generally accepted. it also means that by 3 years after the effective date of the final rule, owners or operators of non-responding and responding sources must have the means to ensure that a community notification system is in place to warn the public of releases. this action is an economically significant regulatory action that was submitted to the office of management and budget (omb) for review. citizens may use the information to assess and address chemical hazards in their communities and to respond appropriately in the event of a release of a regulated substance. the small entities subject to the requirements of this action include small businesses and small governmental entities. this action’s health and risk assessments are contained in the chapter 9 of the ria for this rule, available in the docket. therefore, the benefits of this regulation would reduce risk for historically underserved and overburdened populations. third-party audit means a compliance audit conducted pursuant to the requirements of § 68.59 and/or § 68.80, performed or led by an entity (individual or firm) meeting the competency and independence requirements described in § 68.59(c) or § 68.80(c). (a) the owner or operator shall certify that they have evaluated compliance with the provisions of this subpart for each covered process, at least every three years to verify that the procedures and practices developed under this subpart are adequate and are being followed. the owner or operator shall engage a third party to conduct an audit that evaluates compliance with the provisions of this subpart in accordance with the requirements of this section when any criterion of § 68.58(f) is met. this process safety information shall include information pertaining to the hazards of the regulated substances used or produced by the process, information pertaining to the technology of the process, and information pertaining to the equipment in the process. for any inherently safer technologies and designs implemented, the owner or operator shall document and submit to epa a description of the technology implemented. the owner or operator shall engage a third party to conduct an audit that evaluates compliance with the provisions of this subpart in accordance with the requirements of this section when any criterion of § 68.79(f) is met. (b) the owner or operator shall consult with employees and their representatives on the conduct and development of process hazards analyses, and on the development of the other elements of process safety management in this rule. (6) the owner or operator maintains and implements, as necessary, procedures for informing the public and the appropriate federal, state, and local emergency response agencies about accidental releases of rmp-regulated substances and ensure that a community notification system is in place to warn the public within the area potentially threatened by the release. 3.  documents and information related to development of the list rule can be found in the epa docket for the rulemaking, docket number a–91–74. the same standard that applies to the promulgation of a rule applies to the modification or rescission of that rule. 25.  existing requirements of the hazards to be evaluated in hazard evaluations are found at 40 cfr 68.50(a) for program 2 processes and at 40 cfr 68.67(a)–(c) for program 3 processes. 54.  existing requirements of the hazards to be evaluated in hazard evaluations are found at 40 cfr 68.50(a) for program 2 processes and at 40 cfr 68.67(a)–(c) for program 3 processes. 65.  ieee, ieee recommended practice for determining the reliability of 7×24 continuous power systems in industrial and commercial facilities (2013), .org/​document/​6493367. as discussed in more detail in in section iv.a.2.a.i, below, controls that eliminate the hazard are preferred over those that do not require power or activation, which are preferred over those that do require power or activation, which are preferred over those that depend simply on rules of operation. 134.  technical background document for notice of proposed rulemaking: risk management programs under the clean air act, section 112(r)(7); safer communities by chemical accident prevention (april 19, 2022). 175.  technical background document for notice of proposed rulemaking: risk management programs under the clean air act, section 112(r)(7); safer communities by chemical accident prevention (april 19, 2022). 183.  united states of america and the state of kansas, ex rel. 221.  note that the current 1996 rmp rule requires the owner or the operator of a program 3 process to “provide to employees or their representatives access to [phas] and to all other information required to be developed under this rule”—that is, the current 1996 rmp rule (40 cfr 68.83(c)). 259.  epa, transmittal of the final combined enforcement policy for clean air act sections 112(2)(1), 112(r)(7) and 40 c.f. 267.  technical background document for notice of proposed rulemaking: risk management programs under the clean air act, section 112(r)(7); safer communities by chemical accident prevention (april 19, 2022). 287.  epa acknowledges the multiple comments received regarding fence-line monitoring of rmp releases and seeks additional comment to gather further information on the consideration of fenceline monitoring for the rmp rule. 40 cfr 68.85(b): “the permit shall document that the fire prevention and protection requirements in 29 cfr 1910.252(a) have been implemented prior to beginning the hot work operations; it shall indicate the date(s) authorized for hot work; and identify the object on which hot work is to be performed. of anhydrous ammonia, which are subject only to the gdc, to higher standards than a facility with 50,000 pounds, which would be subject to 40 cfr part 68. technical guidance for assessing environmental justice in regulatory analysis.

secure .gov websites use https a lock (locka locked padlock) or https:// means you’ve safely connected to the .gov website. the proposed rule, entitled the “safer communities by chemical accident prevention rule,” would strengthen the existing program and includes new safeguards that have not been addressed in prior rmp rules, such as enhanced employee participation and transparency for communities on safety decisions. “this rule will better protect communities from chemical accidents, and advance environmental justice for communities that have been disproportionately impacted by these facilities.”  the agency’s rmp rule protects public health and the environment by requiring industrial facilities with high accident rates to prevent accidental air releases of dangerous chemicals that could cause deaths, injuries, property and environmental damage, or require evacuations in surrounding communities. epa is proposing amendments that will foster safer communities by reducing the frequency of accidental chemical releases and their adverse effects.

epa is proposing to strengthen rmp regulations that will require some facilities to do more to prevent chemical accidents, particularly types of facilities that have the most frequent or severe accidents. the public may comment on the proposed rule at www.regulations.gov (docket id no. epa is also holding three virtual public hearings on the proposed rule on september 26, 27, and 28, 2022. for more information on the public hearings: virtual public hearings on the rmp safer communities by chemical accident prevention proposed rule. epa published its first rmp regulation in 1996. in january 2017, the rmp amendments final rule issued new requirements for prevention, response, and public disclosure of information, but key provisions were paused, and most never went into effect. instead, in 2019, the rmp reconsideration final rule rescinded or modified some of the measures in the 2017 rule.