Category: Risk Management Program

EPA Unleashes the Public on Industry

EPA has issued two final rules that provide significant rights to the public that may, and likely will, increase litigation or otherwise be used against industry.  First, EPA issued the final Risk Management Program revisions which contain requirements to provide voluminous information to the public regarding the regulated substances at a facility. Second, EPA empowered ‘third-party’ notifiers to record and report “super emitter” events. Together, they create a greater possibility of agency enforcement and private litigation.

On February 27, 2024, EPA issued the “Safer Communities by Chemical Accident Prevention” rule, which added numerous provisions to the Risk Management Program. Most concerning is the addition of an obligation for a facility to provide detailed, internal information about the facility to the public.

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RIP to RMP?

The saga of the amendments to the Risk Management Program continues. Based on a premise that turned out to be unfounded, the amendments now seem to be destined for repeal or at least a major re-write.

In April, 2013, a fire and subsequent explosion at the West Fertilizer facility in West, Texas, caused 15 deaths, injured 300 people, destroyed more than 500 homes, and left a crater 93 feet wide and 12 feet deep. Shortly thereafter, President Obama issued Executive Order 13650, which, among other things, directed agencies such as EPA to improve the safety and security of chemical facilities through regulations, information reporting requirements, and site inspections. The White House cited the West Fertilizer explosion as an example of the need to address the serious risks presented by chemicals. Continue reading “RIP to RMP?” →