ACD Press Release

Arlington, VA –Today, Eric R. Byer, President and CEO of the Alliance for Chemical Distribution (ACD), formerly the National Association of Chemical Distributors, released the following statement on the U.S. Environmental Protection Agency’s (EPA) final rulemaking on the Risk Management Program (RMP), which will place burdensome new requirements on chemical facilities, including those already in compliance:

“For years, RMP has been a success story, preventing chemical accidents and improving preparedness, environmental stewardship, and community partnerships. ACD members not only play an integral role in the U.S. economy, but also uphold the highest standards of safety and security through their certification in our mandatory Responsible Distribution program.

“One of the rule’s most disturbing aspects is its potential to serve as a roadmap for terrorists aiming to weaponize chemical facilities. Under this rule, regulated facilities must disclose sensitive information to any individual residing, working, or spending significant time within a six-mile radius. The lack of a ‘need to know’ or vetting requirement for information requests will heighten the risk of sensitive chemical information falling into the wrong hands. This is particularly alarming given the expiration of the Chemical Facility Anti-Terrorism Standards program in July 2023, which has already increased vulnerability of chemical operations to terrorist attacks.

“In addition, the rule will undoubtedly place additional financial strain on ACD members that are already compliant, particularly at a time when many are financially strained. Rather than imposing complex new requirements that will create additional security concerns and confusion for many businesses, the EPA should dedicate its efforts to noncompliant chemical facilities, ensuring all facilities understand their safety and environmental regulatory obligations. By implementing this final rule, the EPA risks facilities defunding critical and proven mitigation resources to finance these new requirements.

“The bottom line is that this rule is completely unnecessary and counterproductive to ensuring the security of our member company facilities and the surrounding communities at those locations. It is yet another example of this Administration’s misguided actions that will result in the shuttering of America’s small businesses instead of incentivizing their growth and expansion. The Alliance wholeheartedly opposes this final rule and will take the necessary steps to continue to fight it.”

On October 31, 2022, ACD submitted comments to the EPA expressing concern with the agency’s proposed changes.

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The Alliance for Chemical Distribution (ACD) partners with our more than 400 chemical distribution industry members to provide the education, connection, standards, and advocacy they need to responsibly move the essential products our world depends on. As leaders in the $27B+ chemical distribution industry, ACD member companies commit to the highest standards in quality, safety, sustainability, and performance through ACD Responsible Distribution^TM. For more information, visit www.acd-chem.com.