Statement Regarding EPA Proposal on the Risk Management Plan Program Rule  


April 19, 2017

WASHINGTON, D.C. – “TFI supports the proposed extension of the effective date for recent changes to the Risk Management Plan program rule.  We believe the additional time provided by this administrative process will allow EPA to make necessary improvements to the rule. 

This is the second such extension for this rule considered by EPA and TFI believes that this new extension is warranted, at a minimum, to:

  • Address several petitions for reconsideration and then propose rule changes responsive to the concerns in the petitions; 
  • Remedy the rushed rulemaking process apparently designed to facilitate completion of a final rule before the transition to a new Administration, failing to adequately address interagency and industry concerns;
  • Consult more actively with the regulated community regarding some significant changes to the program;
  • Consider the security implications associated with publicly sharing sensitive facility-specific information;
  • Reconsider the additional responsibilities imposed on Local Emergency Planning Committees to determine whether they are unnecessarily burdensome and difficult to implement;
  • Examine further the merits of expanded incident investigation obligations;
  • Rethink the obligations to conduct a safer alternatives analysis, as the requirements were ill-conceived and are not workable in their current form; and 
  • Remove obligations to use an independent third party for audits following a facility incident. 

For the reasons outlined above, TFI believes an extension to the effective date of the RMP rule is more than warranted. It will provide the additional time necessary for the agency to examine further the inadequacies and shortcomings in the rulemaking process and new rule provisions, and, perhaps most importantly, will prevent the premature implementation of a potentially costly and imperfect rule.”