News & Analysis as of

Hazardous Substances Clean Air Act Risk Management

Stoel Rives - Environmental Law Blog

EPA Reconsiders New Risk Management Program Regulations, but Regulations Remain in Effect

The D.C. Circuit Court of Appeals placed the challenges to the U.S. Environmental Protection Agency’s (“EPA”) risk management regulation on hold for 120 days while the EPA reconsiders the concerns raised by challengers....more

Mitchell, Williams, Selig, Gates & Woodyard,...

EPA's RMP Rule: Failures to Protect the American People/American Manufacturing: U.S. House of Representatives Subcommittee on...

The United States House of Representatives Subcommittee on Environment, Manufacturing, and Critical Materials of the Energy and Commerce Committee held a May 7th Hearing titled: EPA’s RMP Rule: Failures to Protect the...more

Holland & Knight LLP

Chemical Transporters Face Ongoing Challenges from EPA's Focus on "Transit-Related" Activity

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Chemical transport, tank cleaning and transportation depot operators breathed a sigh of relief in March 2024 when the U.S. Environmental Protection Agency (EPA) dropped provisions from a proposed rule when it issued its final...more

Pillsbury Winthrop Shaw Pittman LLP

EPA Issues New Rules Regarding Response and Risk Management Plans

The Accidental Chemical Release Rules have an effective date of May 10, 2024, and includes a number of situations requiring compliance, generally by May 10, 2027. The new Clean Water Act facility response plan...more

Williams Mullen

"Risky Businesses" Beware - EPA's New Risk Management Plan Requirements Could Bite

Williams Mullen on

Under the Clean Air Act, facilities that present a high risk of chemical accidents, including those engaged in industries such as chemical manufacturing, paper manufacturing, and warehousing and storage, are required to...more

Downey Brand LLP

EPA Adds Extensive New Amendments to its Risk Management Program in Final Rule

Downey Brand LLP on

On March 11, 2014, the Environmental Protection Agency (EPA) published in the Federal Register amendments to the Risk Management Program (RMP) rule (Final Rule). Going into effect on May 10, 2024, EPA’s Final Rule, named the...more

Alston & Bird

EPA Finalizes Sweeping New Safety Standards and Public Disclosure Requirements for Chemical Accidents

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Our Environment, Land Use & Natural Resources Group examines the Safer Communities by Chemical Accident Prevention Rule’s stringent requirements for accident prevention, response, and public disclosure of information....more

Stinson LLP

EPA Releases Risk Management Program Final Rule

Stinson LLP on

On March 1, 2024, the U.S. Environmental Protection Agency (EPA) signed its final “Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Safer Communities by Chemical Accident...more

Mitchell, Williams, Selig, Gates & Woodyard,...

112(r)/Clean Air Act Enforcement: U.S. Environmental Protection Agency and Middlesboro, Kentucky, Food Manufacturing Facility...

The United States Environmental Protection Agency (“EPA”) and Smithfield Packaged Meats Corporation (“Smithfield”) entered into an August 30th Consent Agreement (“CA”) addressing alleged violations of the regulations...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Risk Management Program/Clean Air Act: U.S. Environmental Protection Agency Announces Proposed Revisions to Accidental Release...

The United States Environmental Protection Agency (“EPA”) on August 18th announced a prepublication proposed rule that would amend the Clean Air Act Risk Management Program (“RMP”) regulations....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Chemical Accident Prevention/EPA Should Ensure Regulated Facilities Consider Risks from Climate Change: U.S. Government...

The United States Government Accountability Office (“GAO”) issued a February 22 report titled: Chemical Accident Prevention: EPA Should Ensure Regulated Facilities Consider Risks from Climate Change (“Report”)...more

Foley & Lardner LLP

Revival of the General Duty Clause

Foley & Lardner LLP on

In a somewhat surprising decision issued at the end of 2020, U.S. EPA ruled that Section 112(r)(1) of the Clean Air Act, better known as the “General Duty Clause,” requires facilities to implement the latest industry...more

Mitchell, Williams, Selig, Gates & Woodyard,...

112(r) Clean Air Act/Enforcement: U.S. Environmental Protection Agency and Operator of Winchester, Kentucky Cold Food Storage...

The United States Environmental Protection Agency (“EPA”) and Save-A-Lot, Ltd. (“SAL”) entered into a May 8th Consent Agreement (“CA”) addressing alleged violations of Section 112(r) of the Clean Air Act and the regulations...more

Williams Mullen

Strange But True: Recent EPA and State Actions Show Breadth of Environmental Enforcement

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A trilogy of recent federal and state enforcement actions show just how far agencies will go to enforce environmental regulations. Now may be a good time for a compliance audit....more

Williams Mullen

EPA Amends CAA 112(r) Risk Management Program

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EPA has published a final rule amending its Clean Air Act (CAA) Risk Management Program (“RMP”) regulations. EPA states the new rule will reduce the likelihood of accidental releases at chemical facilities, improve emergency...more

Pillsbury - Gravel2Gavel Construction & Real...

EPA Risk Management Plan Revisions

On December 21, the Administrator of the Environmental Protection Agency (EPA) signed the Final Rule revising the EPA’s Chemical Accident Prevention regulations, generally known as the Risk Management Program (RMP). These...more

Miles & Stockbridge P.C.

EPA's New Enforcement Initiative Stumbles Out of the Gate

As a result of the D.C. Court of Appeals' (COA) ruling on September 26, 2016 invalidating a Department of Labor, Occupational Safety and Health Administration (OSHA) Memorandum, one of the U.S. Environmental Protection...more

Alston & Bird

New EPA Facility Safety Rule Faces Uncertain Future

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On October 14, 2016, the Environmental Protection Agency (EPA) sent its final revised facility safety rule to the White House Office of Management & Budget (OMB) for pre-publication review. The rule would update EPA’s Risk...more

Robinson & Cole LLP

EPA Proposes Significant Expansions of Its Risk Management/Accidental Release Prevention Program

Robinson & Cole LLP on

On March 14, 2016, The Environmental Protection Agency (EPA) published proposed revisionsto the Risk Management Program (RMP) (also known as Accidental Release Prevention) rule at 40 CFR Part 68, under Section 112(r) of the...more

Pillsbury Winthrop Shaw Pittman LLP

Risky Business: EPA Plans Enhanced Enforcement Focus on Chemical Safety

EPA has made reducing the risk of accidental releases of hazardous chemicals at industrial and chemical facilities one of its top enforcement priorities for 2017 to 2019. This increased enforcement focus on industrial...more

King & Spalding

EPA Poised to Elevate Clean Air Act 112(r) Enforcement

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Overview - In the wake of the United States Environmental Protection Agency’s (EPA) recent $5.6 million settlement with Bayer CropScience under Clean Air Act Section 112(r), companies should expect more from EPA in the...more

Beveridge & Diamond PC

RMP and General Duty Clause Enforcement Continues at EPA Region 1

As we reported last year, the U.S. EPA has stepped up its enforcement activity under the risk management provisions of the Clean Air Act (“CAA”), Section 112(r), focusing on both the Risk Management Plan (“RMP”) program rules...more

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