Note: See December 2019 Update.
Today, EPA’s Administrator, E. Scott Pruitt, signed a new proposed rule, further changing the Obama-era EPA’s proposed changes and the EPA is submitting that for publication in the Federal Register (FR).
Basically, it outlines two proposals for the Obama-era EPA’s proposed changes:
- Repeal nearly ALL of the Obama-era EPA’s proposed changes essentially returning the RMP rule back to its 2004 condition.
- Repeal about 90% of the Obama-era EPA’s proposed changes and alter/replace the remainder with some more flexible options for compliance.
While there is a lot of information to digest, the basic arguments for the changes the Trump-era EPA is making are:
- The EPA wants to maintain its historic consistency with OSHA’s PSM standard as mandated by the Clean Air Act which established the requirement for the PSM/RMP rules. The EPA believes it may update the rule further if OSHA moves forward with its (currently stalled) update process but that it will do so in a coordinated fashion with OSHA to minimize divergence.
- Address Security Concerns raised by many commenters.
- Address BATF finding on West Fertilizer incident.
- Reduce unnecessary regulations and regulatory costs in response to three Executive Orders that require Agencies to place greater emphasis on reducing regulatory costs and burdens.
- Revise compliance dates to provide necessary time for program changes.
As always, stay tuned for further information. We’re still years away from a change at this rate!
- Notice of pre-publication copy of proposed rule: Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act (PDF)
- Pre-publication copy of proposed rule: Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act (PDF)(128 pp, 602 K)
- Regulations.gov Docket No. EPA-HQ-OEM-2015-0725
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