EPA Sends RMP Revision NPRM to OMB

Yesterday the OMB’s Office of Information and Regulatory Affairs announced that it had received a notice of proposed rulemaking (NPRM) from the Environmental Protection Agency on “Accidental Release Prevention Requirements: Risk Management Program Under the Clean Air Act; Retrospection” (RIN: 2050-AH22). According to the Fall 2021 Unified Agenda entry for this rulemaking, the EPA is taking this action in response to an EO 13990 “to review existing regulations and take action to address priorities established by the new administration including bolstering resilience to the impact of climate change and prioritizing environmental justice.”

The Statement of Need portion of the Unified Agenda entry notes that: “The proposed rule would address the administration's priorities and focus on regulatory revisions completed since 2017.” These ‘revisions completed since 2017’ refers to the RMP rule change promulgated by the Trump Administration in December 2019.

The Unified Agenda entry concludes by noting that:

“The proposed action would address the risks associated with accidental releases of listed regulated toxic and flammable substances to the air from stationary sources. Substances regulated under the RMP program include highly toxic and flammable substances that can cause deaths, injuries, property and environmental damage, and other on- and off-site consequences if accidentally released. The proposed action would reduce these risks by potentially making accidental releases less likely, and by mitigating the severity of releases that may occur. The proposed action would not address the risks of non-accidental chemical releases, accidental releases of non-regulated substances, chemicals released to other media, and air releases from mobile sources.”