EPA is proposing to require all facilities with Program 2 and 3 processes to conduct a root cause analysis as part of an incident investigation for an RMP-reportable accident as defined under 40 CFR 68.42. This includes requiring the root cause analysis to include specific elements, requiring the use of a recognized investigation method, and requiring that investigations are completed within 12 months. Based on RMP-reportable accidents from 2016 to 2020, EPA estimates this provision will apply to an average of 100 facilities per year.
In the 2017 amendments rule, EPA amended 40 CFR 68.81 to add that incident investigations shall include “the factors that contributed to the incident including the initiating event, direct and indirect contributing factors, and root causes” and that “root causes shall be determined by conducting an analysis for each incident using a recognized method.” In the 2019 reconsideration rule, EPA rescinded the root cause analysis requirements, stating that EPA was “unable to make a direct connection between the presence or absence of these provisions and a number of accidents prevented” (84 FR 69834). EPA also stated that it did not rely exclusively on a comparison of costs and benefits to justify the rescission but also acted to maintain consistency with the OSHA PSM standard. As a result of the 2019 removal of root cause analysis requirements, EPA’s current causal incident investigation requirements under 40 CFR 68.60 and 68.81 require investigation into only “the factors that contributed to the incident.”