[co-author: Bryan Williamson, Law Clerk ]
On September 21, 2018, the U.S. Court of Appeals for the District of Columbia Circuit issued an expedited mandate to the U.S. Environmental Protection Agency (EPA), forcing the agency to reinstate several provisions of its 2017 amendments to the Risk Management Plan (RMP) Rule. The D.C. Circuit issued its mandate following an August 2018 decision to vacate EPA’s attempt to delay the RMP amendments’ effective date until 2019.1 Thus, stationary sources covered by the Clean Air Act are subject to a number of requirements related to emergency coordination, emergency response, accident prevention and information availability.2
Specifically, these provisions require an estimated 12,542 regulated facilities across all sectors to coordinate and document emergency response needs with local organizations, as well as inform federal and state agencies about accidental releases.3 In addition, facilities must collect and maintain more information regarding their operations, train and educate more employees and conduct more comprehensive incident investigations following accidents.4 Although these provisions are now enforceable, EPA has proposed changes to rescind many of the now-effective requirements.5
1 Air Alliance Houston, et al. v. EPA, No. 17-1155 (D.C. Cir. 2018).
2 Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act, 82 Fed. Reg. 4594 (January 13, 2017).
3 Id. at 4596.
4 See generally supra note 2.
5 Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act, 83 Fed. Reg. 24850 (May 30, 2018).
