EPA Finalizes New RMP Rule And Rejects Provision On Transloading

In a rulemaking closely watched by the transloading industry, the U.S. Environmental Protection Agency (EPA) issued a final rule on March 1, 2024, updating the Accidental Release Prevention Requirements and Risk Management Program under Section 112(r) of the Clean Air Act (RMP). 40 CFR Part 68. ("Transloading" refers to movement of goods and commodities across different modes of transportation: for example, rail to truck, or truck to ship.)

The new rule aims to reduce the frequency and severity of accidents by revising chemical process safety to require regulated facilities – covering 11,740 regulated RMP facilities across the country – to perform a safer technologies and alternatives analysis and will require third-party compliance audits and root cause analysis incident investigation for facilities that have had a prior accident.