OMB Approves EPA RMP NPRM

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved the EPA’s notice of proposed rulemaking (NPRM) on Modernization of the Accidental Release Prevention Regulations Under Clean Air Act. The NPRM was submitted to OMB in December of last year and is related to the chemical safety and security executive order (EO 13650) issued in 2013.

The Unified Agenda (UA) listing for this rulemaking abstract explains that the rulemaking:

“In response to Executive Order 13650, the EPA is considering potential revisions to its Risk Management Program regulations and related programs. The Agency may consider the addition of new accident prevention or emergency response program elements, and/or changes to existing elements, and/or other changes to the existing regulatory provisions.”

The UA entry claims the Clean Air Act Section 112(r)(7) {42 USC 7412(r)(7)} as the legal basis for this rulemaking which forms the basis for the EPA’s risk management program (RMP). Limiting the legal basis for the rulemaking to sub-paragraph (7) suggests that the following areas for changes suggested in EO 13650 will not be included in this rulemaking:

• General duty clause {§7412(r)(1)};

• List of substances upon which RMP is based {§7412(r)(3)};

• RMP fuel exemption {§7412(r)(4)(b)}; or

• Chemical Safety Board {§7412(r)(6)};

As would be expected, industry has taken a great deal on interest in this rulemaking; going all the way back to their participation in EO 13650 listening sessions and responding to the EPA’s EO 13650 request for information. In just the last couple of weeks there have been a number of meetings at OIRA between a wide variety of groups and the EPA. The OIRA web site provides a listing of those meetings (NOTE: the names listed below are the meeting requestor names, the links provide more details about whom participated in the meetings):

• American Water Works Association;

• George Washington University;

• SOCMA;

• AF&PA;

• American Petroleum Institute;

• AFPM;

• Center for Effective Government;

• American Chemistry Council (ACC); and

• CSAG

I expect that we will see this NPRM published in the Federal Register later this week.