EPA issued a letter explaining what incident investigations and root cause Analysis requirement changed from the proposed to final rule and what the final rule requires with regards to incident investigations. Here’s what EPA said:
Changes to the proposed rule regarding incident investigations and root cause analysis requirements include:
- eliminating the proposed revisions to the definition of catastrophic release;
- requiring the incident investigation report to include the consequences/impacts of the incident and emergency response actions taken;
- modifying the definition of “root cause” to eliminate the phrase “that identifies a correctable failure(s) in management systems.”
- adding to the Preamble, guidance on the meaning of “near-misses” and
- conveying deference to industry practices.
As part of this effort, EPA had proposed to clarify the definition of catastrophic release. The RMP rule (see 40 CFR 68.60(a) and 40 CFR 68.81(a)) currently requires investigation of an incident that “…resulted in, or could reasonably have resulted in a catastrophic release.” EPA had proposed to modify the definition of catastrophic release to be identical to reportable accidents under the five-year accident history requirement. Public comments received stated that the proposed definition created a potential burden by inadvertently expanding the number of investigated accidental releases. Subsequently, in the final rule EPA retained the existing definition of catastrophic release based on public comments describing the burden created by the revised definition.
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What Incident Investigations and Root Cause Analysis requirements are included in the final rule?
The final rule requires additional reporting elements to investigations that are required after any incident that resulted in or could reasonably have resulted in a catastrophic release. The facility must identify the fundamental reason (“root cause analysis”) for the incident, and prepare a report within 12 months of the incident that includes consequences of the accident and any emergency response actions taken.
EPA modified the proposed definition of “root cause” to ELIMINATE the phrase “that identifies a correctable failure(s) in management of systems” so there would be no implication that all incidents include a correctable management system failure.
Also, in the final rule, EPA clarifies which near-miss incidents (i.e., incidents that could reasonably have resulted in a catastrophic release) must be investigated.
CLICK HERE for this letter