Eric R. Byer, president and CEO of the Alliance for Chemical Distribution (ACD), formerly the National Association of Chemical Distributors, released a statement on the U.S. Environmental Protection Agency’s (EPA) final rulemaking on the Risk Management Program (RMP). In the statement, Byer called the action unnecessary. In a press release outlining Byer’s statement, the organization stated that the rulemaking “will place burdensome new requirements on chemical facilities, including those already in compliance.” The following is the entirety of the statement issued by Byer. 

“For years, RMP has been a success story, preventing chemical accidents and improving preparedness, environmental stewardship, and community partnerships. ACD members not only play an integral role in the U.S. economy, but also uphold the highest standards of safety and security through their certification in our mandatory Responsible Distribution program. 

“One of the rule’s most disturbing aspects is its potential to serve as a roadmap for terrorists aiming to weaponize chemical facilities. Under this rule, regulated facilities must disclose sensitive information to any individual residing, working, or spending significant time within a six-mile radius. The lack of a ‘need to know’ or vetting requirement for information requests will heighten the risk of sensitive chemical information falling into the wrong hands. This is particularly alarming given the expiration of the Chemical Facility Anti-Terrorism Standards program in July 2023, which has already increased vulnerability of chemical operations to terrorist attacks.

“In addition, the rule will undoubtedly place additional financial strain on ACD members that are already compliant, particularly at a time when many are financially strained. Rather than imposing complex new requirements that will create additional security concerns and confusion for many businesses, the EPA should dedicate its efforts to noncompliant chemical facilities, ensuring all facilities understand their safety and environmental regulatory obligations. By implementing this final rule, the EPA risks facilities defunding critical and proven mitigation resources to finance these new requirements.

“The bottom line is that this rule is completely unnecessary, counterproductive to ensuring the security of our member company facilities and the surrounding communities at those locations. It is yet another example of this Administration’s misguided actions that will result in the shuttering of America’s small businesses instead of incentivizing their growth and expansion.  The Alliance wholeheartedly opposes this final rule and will take the necessary steps to continue to fight it.”

Learn more about ACD at www.acd-chem.com.