Tag: Risk Management Program

Chemicals, chemical tanks

More Details on the EPA’s RMP Reconsideration Rule

Facilities subject to Section 112(r) of the Clean Air Act—better known as the Risk Management Program (RMP)—won a significant deregulatory victory with the EPA’s issuance of its RMP Reconsideration Rule. The Reconsideration Rule rescinds major portions of the RMP Amendments Rule the Obama EPA issued in January 2017.

EPA, Environmental Protection Agency

EPA Finalizes Reconsideration of Risk Management Program Provisions

The U.S. Environmental Protection Agency (EPA) finalized its reconsideration of Risk Management Program provisions that were amended in 2017.  EPA opted to rescind some of the amended provisions for various reasons and retain or modify other provisions.  According to EPA, the latest revisions to the rule “better address potential security risks, reduce unnecessary and ineffective […]

Hazardous chemicals

Hazardous Chemicals and the General Duty Clause

The applicability of the U.S. Environmental Protection Agency’s (EPA) Risk Management Program (RMP) is reasonably clear, but facilities with chemicals in amounts less than the RMP thresholds are finding themselves in trouble with the EPA because they are overlooking EPA’s General Duty Clause (42 U.S. Code 7412(r)(1)). Several times over the last 6 months the […]

Gavel, court decision

EPA’s 20-Month Delay of RMP Amendments Vacated by Court

Stating that the Trump EPA cannot use a general provision of the Clean Air Act (CAA) to negate a specific provision of the Act, a panel of the U.S. Court of Appeals for the D.C. Circuit vacated an Agency final rule that sought to delay by 20 months the effective date of the Obama EPA’s […]

Fire

RMP Regulations and the West, Texas, Explosion

The tragic explosion of fertilizer-grade ammonium nitrate at the West, Texas, distribution facility in April 2013 has had a powerful impact on the direction of the EPA’s implementation of the Clean Air Act’s Risk Management Program (RMP, CAA Section 112(r)).

RMP Amendments Require Safer Technology Assessment

Obama EPA’s most consequential actions to prevent accidents at facilities with hazardous chemicals have been written out in the Agency’s just released final amendments to regulations implementing Clean Air Act (CAA) section 112(r), more commonly called the Risk Management Program (RMP).

RMP Revisions Are Final

On December 21, 2016, EPA finalized revisions to the Chemical Accident Prevention Provisions under 40 CFR 68, also known as the Risk Management Program (RMP).  The revisions, which were proposed back in March 2016, are intended to improve elements of the RMP, enhance emergency preparedness, and ensure that local emergency response officials and the public […]

Will RMP and PSM Revisions Create More Overlap?

EPA’s Chemical Accident Prevention Program, more commonly referred to as the Risk Management Program (RMP), and the Occupational Safety and Health Administration’s (OSHA) Process Safety Management (PSM) program will always go hand in hand, as both seek to prevent chemical process accidents and protect workers and the public from the sometimes devastating consequences of such […]

Will RMP and PSM Revisions Create More Overlap?

EPA’s Chemical Accident Prevention Program, more commonly referred to as the Risk Management Program (RMP), and the Occupational Safety and Health Administration’s (OSHA) Process Safety Management (PSM) program will always go hand in hand, as both seek to prevent chemical process accidents and protect workers and the public from the sometimes devastating consequences of such […]

Opposite Camps Fault RMP Proposal

In its spring 2016 regulatory agenda, the EPA set a December 2016 completion date for its final revisions of regulations implementing Clean Air Act (CAA) Section 112(r), the Risk Management Program (RMP). Since issuing the first RMP rule in 1996, the Agency has revised the requirements at least six times. But the most recent proposed […]