Under the final RMP Reconsideration rule, members of the public can continue to obtain access to RMPs through three different means:
- Read-only access to the full version of facility RMPs at reading rooms by appearing in person at a Federal reading room;
- Read-only RMP access directly from the local emergency planning committee in the location where the person lives or works; or
- Submitting a FOIA request to EPA.
In addition, the following information is available to the public and local emergency responders under the Emergency Planning and Community Right-to-Know Act (EPCRA), which was put in place before RMP:
- Facility name and location;
- Emergency contact information;
- Name of hazardous chemical at the facility above the threshold;
- Amount of the hazardous chemical (including the max amount on any single day and average daily amount);
- Max number of days the hazardous chemical is present at the facility;
- Type of storage and storage conditions; and
- Precise location of the hazardous chemical at the facility.
PLEASE NOTE: this is the information that can be obtained from the facility’s Tier II Sheets and is NOT readily available to the public!
The final RMP Reconsideration rule rescinds the requirement for an owner or operator to provide, within 45 days of receiving a request by any member of the public, specified chemical hazard information for all regulated processes. This was rescinded because the consolidation of the required chemical hazard and facility information could highlight the vulnerabilities of a facility and potentially increase the risk of a terrorist attack on some facilities. It would have allowed anonymous requests for information, which prevented the ability to identify or screen the requester and made it easier to obtain this sensitive information about facilities around the country.
This provision was not needed to ensure communities can obtain information about local facilities. This rule strikes the proper balance between a community’s right-to-know and facility security and is responsive to the security concerns expressed by other agencies since 2016.
What information is available to local emergency responders under this rule?
This rule ensures emergency responders have access to all of the necessary safety information. The final RMP Reconsideration rule retains all of the coordination requirements from the RMP Amendments. The final rule clarifies that local emergency responders can obtain “other information necessary for developing and implementing the local emergency response plan.”