The U.S. Environmental Protection Agency (EPA) is considering changes to its Risk Management Program (RMP) rules to expand requirements and address environmental justice and climate change. NACD strongly believes changes to this program are unnecessary. EPA’s current RMP regulations are comprehensive, robust, and have proven effective in preventing chemical accidents. The rule requires facilities that use extremely hazardous substances to develop a plan that identifies the potential effects of a chemical accident, steps the facility is taking to prevent an accident, and emergency response procedures the facility will implement should an accident occur. Based on the agency’s data, the number of accidents at RMP facilities has substantially decreased since the original 1996 rules took effect.
Safety is the number one goal of NACD members and a core value. Member companies routinely go above and beyond regulatory requirements for safety programs, demonstrating a commitment to safety and expanding the resources necessary to continually improve safety performance through Responsible Distribution. The current RMP regulations include requirements that produced and continue to drive safety improvements and robust protection for member employees and their communities.
NACD recently submitted comments in response to EPA’s potential changes to the RMP rules. NACD’s comments to EPA highlight company members’ important work and their rigorous commitment to safety. At the end of the day, the top priority of EPA should not be to expand RMP regulations for those already in compliance but rather to dedicate its efforts to ensure all chemical facilities are aware of and fully understand their safety regulatory obligations. Adding complex requirements is not the solution and would only create more regulatory confusion. Instead, a more effective approach to protecting the public from chemical accidents for EPA would be a commitment to outreach, compliance assistance, and strict enforcement of the existing regulations.
NACD members understand the importance of addressing the impacts of climate change and protecting the public, including communities of color and low-income populations, from chemical accidents. Still, the industry needs clear and practical rules and guidelines to achieve these objectives. EPA must rely on its existing programs to advance environmental stewardship and community partnerships. Because at the end of the day, regulatory clarity promotes more effective compliance, not additional regulations.
As an essential component of the economy and foundational element of American manufacturing and infrastructure, the U.S. needs to have a robust chemical industry. If rules are too onerous and confusing, the industry will be driven out to other countries. NACD will continue to support our members by advocating for innovative policies that recognize the comprehensive work they already do to advance safety.
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