The US Court of Appeals for the District of Columbia Reinstates 2017 Risk Management Program Rule
On September 21, 2018 the US Court of Appeals for the District of Columbia, in response to motions filed by multiple environmental organizations, reinstated the 2017 Risk Management Program rule, also known as the Chemical Disaster Rule. As a result the rule is effective immediately.
On August 17, 2018, the US Court of Appeals for the District of Columbia rescinded EPA’s delay of the 2017 Chemical Disaster Rule. In response, both EPA and environmental groups filed motions. The environmental groups requested that the court resinstate the rule immediately while EPA argued that the court give them 52 days to work out any issues associated with implementing the rule.
The 2017 Risk Management Program amendments imposed requirements in the following major areas: (1) accident prevention, including expanded post-accident investigations, more rigorous safety audits, safety training, and safer technology requirements; (2) emergency response, including more frequent coordination with local first responders and emergency response committees, and more intensive incident-response exercises; and (3) public information disclosure, including public disclosure of safety information and public-meeting requirements. These rules were first set to become effective on March 14, 2017 with the local emergency-response coordination requirements becoming effective on March 14, 2018, and additional requirements becoming effective on March 15, 2021 and March 14, 2022. However, in June 2017 the EPA, under the Trump administration and after delaying the rule twice prior, issued a rule delaying the effective date to June 19, 2019.
As a result of this court’s decision, the rule becomes effective immediately. However, EPA is likely to attempt to develop a new rulemaking that is in line with the court’s August 17, 2018 decision.
Source:
US Court of Appeals for the District of Columbia Reinstates 2017 Risk Management Program Rule, Air Alliance Houston v. EPA, (D.C. Circ. September 21, 2018).
