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 states and environmental groups have sued the Environmental Protection Agency (EPA) over this delay. Meanwhile, industrial accidents such as the chemical fires and spills at the Arkema Plant in Crosby, Texas keep happening.


On January 13, 2017 EPA published the final Accidental Release Prevention Requirements of the Clean Air Act Risk Management Program.

The rule was set to take effect on March 14, 2017.

Trump Era

On January 26, 2017 EPA published notice that it would delay the Risk Management Program rules until March 21, 2017.

On February 28, 2017 several industry groups asked EPA to halt the rule entirely  and reconsider the rule.

On March 16, 2017 EPA published a final rule delaying the effective date of the Risk Management Rule for another 3 months, to June 19, 2017.

On June 14, 2017 EPA published notice in the Federal Register that it would further delay implementation 20 months, until February 19, 2019.

On June 15, 2017 environmental groups sued in the D.C. Circuit Court to stop the rule delays.

Eleven states sued EPA over the delays on July 24, 2017 (Rhode Island, New York, Illinois, Maine, Maryland, Massachusetts, New Mexico, Oregon, Vermont, and Washington).

For More Information

For more on the Risk Management Plan and the Arkema plant see our white paper “Arkema Explosion & the 2017 Risk Management Program Amendments.”

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