Monday, March 11, 2024

Review - EPA Publishes Accidental Spill Prevention Final Rule

Today, the EPA (finally) published a final rule in the Federal Register (89 FR 17622-17692) on “Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Safer Communities by Chemical Accident Prevention”. The notice of proposed rulemaking (NPRM) was published on August 31st, 2022. The regulations will be effective on May 10th, 2024. A large number of changes were made to the final rule based upon the comments that the EPA recieved on the NPRM.

Commentary

This rulemaking was long-time in the making. And coming this late in Biden’s first term, this is a rule that a Trump Administration will be quick to overturn. Since some of the compliance measures are going to require expensive capital change to facilities, I would expect many facilities to be slow to implement the changes required by this new rule. Planning will probably move forward, but budgeting for necessary changes will not be done until after the first Tuesday in November.

 

For more details about the changes made from the NPRM, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/epa-publishes-accidental-spill-prevention - subscription required.

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