Climate Resilience in Chemical Facility Risk Management

Clean Air Act Regulations

Section 112(r) of the Clean Air Act authorizes EPA to establish regulations addressing the prevention, detection, and correction of accidental releases of substances listed by EPA (known as “regulated substances”) (42 U.S.C. § 7412(r)). Pursuant to this authority, EPA has long maintained a Risk Management Program (RMP), which regulates facilities that store substances that could cause hazardous pollution if released. The facilities are required to assess their release risks, take steps to prevent releases, plan for emergency response to releases, and summarize this information in a risk management plan which is submitted to EPA.

On March 11, 2024, EPA issued a final rule revising its RMP regulations to improve safety at facilities that use and distribute hazardous chemicals. 89 Fed. Reg. 17,622 (Mar. 11, 2024). Among other things, the March 2024 final rule requires facilities that store hazardous chemicals to assess, and plan for,  the impacts on their facilities of external events, including natural hazards. Natural hazards are defined as "meteorological, climatological, environmental or geological phenomena that have the potential for negative impact, accounting for impacts due to climate change."

Biden Administration (2021-2024)

On March 11, 2024, EPA issued a final rule revising its RMP regulations to improve safety at facilities that use and distribute hazardous chemicals. 89 Fed. Reg. 17,622 (Mar. 11, 2024). Among other things, the March 2024 final rule requires facilities that store hazardous chemicals to assess, and plan for,  the impacts on their facilities of external events, including natural hazards. Natural hazards are defined as "meteorological, climatological, environmental or geological phenomena that have the potential for negative impact, accounting for impacts due to climate change."