August 20, 2017

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EPA Stays the Effective Date of New Risk Management Program (RMP) Rule

The United States Environmental Protection Agency (EPA) has decided to temporarily stay the effective date of its Risk Management Program Rule (RMP Rule), which was slated to become effective on March 14, 2017. The RMP Rule is an amendment to the EPA’s Accidental Release Prevention Requirements for Risk Management Program that had been promulgated under Section 112(r)(7) of the Clean Air Act. The RMP Rule was finalized on January 13, 2017, in response to an Executive Order signed by President Obama on August 1, 2013, which had directed EPA to modernize the RMP Program. Among other things, the RMP Rule enhances the emergency preparedness requirements for regulated facilities, broadens public access to information on RMP regulated facilities, and revises accident prevention program elements.

The stay is associated with the EPA’s decision to grant an industry coalition petition requesting administrative reconsideration of the RMP Rule. The EPA agreed to stay the effective date of the RMP Rule while the agency undertakes this reconsideration process. The stay is initially effective for 90 days (i.e., until June 12, 2017), however, the stay could be extended by the EPA for a longer period.  The RMP Rule is also facing legal challenges and is the target of Congressional Review Act resolutions introduced in the House and Senate.



About this Author

Cameron F. Field, transactional practice attorney, Michael Best, law firm

Cameron brings a broad focus to his work advocating for clients in the agribusiness, food and beverage, and energy industries. He assists clients in navigating the state and federal regulatory process and evaluating strategic business decisions. Clients rely on Cameron for well-informed counsel on water and air permitting matters, as well as on hazardous waste reporting and liability questions. 

For example, Cameron advises on risk factors involved in the purchase, sale, and cleanup of contaminated properties. Relying on his...

Todd Palmer, Michael Best Law Firm, Environment and Natural Resources Attorney
Partner, Practice Group Chair

For more than 25 years, Todd has helped numerous clients remain in compliance with all aspects of the complex and dynamic Clean Air Act regulatory program. His extensive knowledge of and experience with Clean Air Act matters includes obtaining air emission control permits, planning future activities to minimize the expense of regulation, and the defense of allegations that a company may have violated Clean Air Act requirements.