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!

Previous Coverage:

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Updates:

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