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ARTICLE · 08 FEBRUARY 2017

New EPA Risk Management Plan Amendments Face ‘Trumped' Future

Stites & Harbison PLLC
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Days before President Trump was sworn in, the U.S. Environmental Protection Agency (EPA) published amendments to the Risk Management Plan (RMP) rule, which implements Section 112(r) of the Clean Air Act.

United StatesEnvironment
Jennifer J. Cave
Jennifer J. Cave
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Days before President Trump was sworn in, the U.S. Environmental Protection Agency (EPA) published amendments to the Risk Management Plan (RMP) rule, which implements Section 112(r) of  the Clean Air Act.  (82 Federal Register 4594, January 13, 2017).  The RMP rule requires facilities that use extremely hazardous substances to develop Risk Management Plans.  The Plans help local emergency response personnel prepare for and respond to chemical emergencies.

The amendments stem from an Executive Order issued by President Obama in 2013 following a deadly explosion at a fertilizer plant in West, Texas. The amendments include key changes to the RMP rule's incident investigation and accident history requirements and the emergency response provisions.  In addition, the amendments expand obligations relating to the public availability of information and purport to streamline and clarify the existing rule.  EPA believes the amendments will help to reduce the roughly 1,500

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