KGFA Files Comments on EPA’s Proposed RMP Rule for Fertilizer Facilities

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On Thursday, May 12, 2016, the Kansas Grain and Feed Association filed official comments on EPA’s proposed amendments to its Risk Management Program regulations for fertilizer facilities.

On March 14, 2016, the U.S. Environmental Protection Agency (EPA) had published proposed amendments to its Risk Management Program (RMP) regulations, found at 40 CFR Part 68. These regulations are otherwise known as EPA’s Accidental Release Prevention Requirements: Risk Management Programs under the Clean Air Act regulations authorized by section 112(r) of the Clean Air Act (CAA). These regulations require certain facilities to develop and implement a risk management program for hazardous chemicals covered by the regulations.

EPA’s proposed revisions to the regulations are a key action item under President Obama’s Executive Order 13650: Improving Chemical Facility Safety and Security, which the President issued following the ammonium nitrate fertilizer incident in West, Texas in 2013.

EPA’s proposed changes to the RMP regulations, which can be found HERE, would, among other things: require additional accident prevention requirements, create new emergency response obligations for fertilizer facilities, and increase public information availability requirements for fertilizer facilities.

KGFA staff reviewed the proposed rule and worked with KGFA members, other state associations, and national allied organizations on drafting and submitting a coordinated message to EPA about the effects of the proposed rule on our industry. KGFA’s comment on the proposed regulations can be found here. To read all other comments on the proposed rule, go to www.regulations.gov and search for Docket No. EPA-HQ-OEM-2015-0725-0001.

EPA will consider all comments received, and then will likely publish a final regulation by the end of this year. Please contact your Association staff with any questions or for more information on this important issue for our industry.