EPA Requires Chemical Facilities to Consider Climate Risk

On March 11, 2024, EPA issued a final rule requiring facilities that store hazardous chemicals to consider, and plan for, the increased risk to their facilities caused by climate change. The Clean Air Act requires EPA to adopt regulations that minimize the risk of accidental releases of hazardous pollutants (see 42 U.S.C. § 7412(r)). Under this authority, EPA has long maintained a Risk Management Program ("RMP"), which regulates facilities which store substances that could cause hazardous pollution if released. These facilities "are required to assess their potential release impacts, undertake 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 August 31, 2022, EPA proposed a number of amendments to the RMP "to improve chemical process safety; assist in planning, preparedness, and response to [RMP]-reportable accidents; and improve public awareness of chemical hazards at regulated sources." Among other changes, EPA's proposed rules would require chemical facilities to explicitly discuss and plan for "external events such as natural hazards, including those caused by climate change or other triggering events that could lead to an accidental release."

The final rule requires chemical facilities to assess, and plan for, impacts on their facilities from external events such as natural hazards. The final rule then defines "natural hazards" as "meteorological, climatological, environmental or geological phenomena that have the potential for negative impact, accounting for impacts due to climate change." This rule, as finalized, aligns with the recommendations of climate advocates and scholars concerned about the increasing risks that climate change may pose for chemical facilities. 

The final rule will go into effect on May 10, 2024.