Yesterday the OMB’s Office of Information and Regulatory
Affairs (OIRA) announced
that they had approved a final rule from the EPA implementing changes to the
Clean Air Act regulations; the “Modernization of the Accidental Release
Prevention Regulations under Clean Air Act”. This rule addresses changes to the
Risk Management Program identified as a result of the President’s EO
13650 review of chemical safety and security programs. The notice of
proposed rulemaking was
published in March of this year. I did a series
of blog posts about that NPRM.
This rule will certainly be included in any list of
accomplishments of the Obama Administration; whether or not it withstands
congressional review in the 115th Congress. For better or worse this
will be a signature piece of chemical safety regulation.
It will be interesting to see if the EPA tried to craft a
rule that would withstand that review or whether they went with a straight implementation
of the NPRM. I suspect the later, given the surprising (in most quarters) election
of Donald Trump instead of Hillary Clinton to head the next administration.
Clinton would have been expected to veto any congressional review negating this
rule.
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