Risk Management Plan / Accidental Release Prevention Requirements

The Environmental & Energy Law Program is tracking the environmental regulatory rollbacks of the Trump administration. Click here for the list of rules we are following

Why it Matters

In April, 2013, an explosion in a West Texas fertilizer factory killed 15 people and injured another 180. These rules were designed in part to prevent other accidents like this.

Current Status

The rule was delayed several times, the latest delay being effective until February, 2019. Several states and environmental groups have sued the Environmental Protection Agency (EPA) over these delays.

On May 17, 2018 EPA released a proposed rule to reduce preventative measures and reporting requirements on companies regulated under the rule. The proposed rule, published on May 30, 2018, said “EPA is proposing to rescind amendments relating to safer technology and alternatives analyses, third-party audits, incident investigations, information availability, and several other minor regulatory changes”. The rule was initially open for public comment until June 29, 2018.

On July 24, 2018, EPA extended the comment period for its proposed Risk Management Program Reconsideration rule published on May 30, 2018 through August 23, 2018 and supplements the record for the proposed rule with the risk management plan data it used to compare the number of facilities reporting in the February 2015 version of the risk management plan database to those reporting in the November 2017 version.

Click here learn more about the history of this rule and actions that have been taken on it by the Trump Administration.

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