On August 17, 2018, the U.S. Court of Appeals for the D.C. Circuit Court issued it’s a ruling that vacated a June 2017 EPA rule that delayed the effective date of the January 2017 Risk Management Program regulatory requirements (known as the RMP Amendments rule). The amendments modified accident prevention program elements, emergency preparedness requirements, and provisions related to information sharing to the public and local emergency planners/ responders.
On September 21, 2018, the U.S. Court of Appeals for the D.C. Circuit Court issued its mandate for the vacatur of the RMP Delay rule, which makes the 2017 RMP Amendments rule now effective. As a practical effect, the only major provision that has a compliance date that has passed, in the requirement to coordinate with local emergency responders and document such engagement. GCCA members are strongly encouraged to immediately ensure that they are coordinating with their local responders and have documentation to prove the coordination. The other major provisions of the RMP Amendments rule will not go into effect until 2021. EPA has provided more RMP Amendments compliance information at https://www.epa.gov/rmp/risk-management-plan-rmp-amendments-compliance-information.
At the same time, EPA is continuing its work to finalize its RMP Reconsideration rule, which would rescind or modify most of the remaining major provisions. It is expected that EPA will complete the Reconsideration rule in 2019, well before the other compliance dates. EPA has announced that it will provide additional information on the impacts of this court decision as soon as it is available on its webpage: https://www.epa.gov/rmp/risk-management-plan-rmp-delay-rule-vacatur
Published October 2, 2018.