Risk Management Program (RMP) Update: EPA Adopts Final Amendments to the RMP Rule

RISK MANAGEMENT PROGRAM (RMP) UPDATE: EPA ADOPTS FINAL AMENDMENTS TO THE RMP RULE Environmental Essentials Webinar Series

Whit Swift Matt Paulson January 10, 2017

EPA ADOPTS FINAL AMENDMENTS TO THE RMP RULE ‒ Key elements of the Final Rule and compliance dates ‒ Key elements of the Proposed Rule not adopted ‒ Potential impacts of transition in administrations

2

EPA ADOPTS FINAL AMENDMENTS TO THE RMP RULE • Final Rule signed on December 21, 2016 • https://www.epa.gov/rmp/final-amendments-risk- management-program-rmp-rule • Not yet published in the Federal Register

3

OVERVIEW OF THE FINAL RULE ‒ Prevention Program Requirements • Incident Investigation • Third Party Compliance Audits • Safer Technology and Alternatives Analysis ‒ Emergency Response Preparedness Requirements • Coordination with Local Responders • Facility Exercises ‒ Information Availability Requirements • Public Availability of Information

4

PREVENTION PROGRAM REQUIREMENTS • Incident Investigation

‒ Scope of requirement and “near miss” ‒ Investigation Report with root cause(s) ‒ Key elements dropped from the Proposed Rule • Proposed expanded definition of “catastrophic release”

• Proposed new definition of “root cause” • Compliance Date: effective date + 4 years

5

PREVENTION PROGRAM REQUIREMENTS (CONT.) • Compliance Audits ‒ “For each covered process” • Third-Party Audits ‒ Triggers ‒ Selection of Auditor – competency and independence ‒ Audit Report ‒ Findings Response Report ‒ Compliance Date: effective date + 4 years (third-party audits)

6

PREVENTION PROGRAM REQUIREMENTS (CONT.) • Safer Technology and Alternatives Analysis ‒ Part of Process Hazard Analysis (PHA) ‒ Applies to Program 3 facilities in three industries: • paper manufacturing • coal and petroleum products manufacturing • chemical manufacturing ‒ Facilities are required to evaluate the “practicability” of safer technology and alternatives ‒ Compliance Date: effective date + 4 years

7

EMERGENCY RESPONSE PREPAREDNESS • Coordination with Local Responders ‒ Responding Source vs. Non-Responding Source ‒ Annual coordination ‒ Documentation of coordination efforts: • Names and contact information of individuals involved • Dates of coordination • Nature of the coordination activities • Coordination Compliance Date: effective date + 1 year

8

EMERGENCY RESPONSE PREPAREDNESS (CONT.) • Facility Exercises ‒ Annual notification exercises ‒ Emergency response field exercises • Simulated accidental release • Tests of procedures for notification, mobilization, coordination, evacuation, treatment • Facility response personnel, contractors as appropriate, invite local public emergency response officials • Consult with local response officials to determine frequency; not less than every 10 years

9

EMERGENCY RESPONSE PREPAREDNESS (CONT.) • Facility Exercises (cont..) ‒ Emergency response tabletop exercises • Simulated accidental release • Discussions of procedures for notification, mobilization, coordination, evacuation, treatment • Facility response personnel, contractors as appropriate, invite local public emergency response officials • Consult with local response officials to determine frequency; not less than every 3 years ‒ Evaluation Reports ‒ Compliance Date: effective date + 4 years

10

INFORMATION AVAILABILITY REQUIREMENTS • Information for the public ‒ Categories of information ‒ Mechanism for providing information to public ‒ Protections: CBI and classified information ‒ Compliance Date: effective date + 4 years • Information for the LEPC/Local Response Officials ‒ Dropped from the Proposed Rule • RMP Update Deadline: effective date + 5 years

11

IMPLICATIONS OF TRANSITION IN ADMINISTRATION • The Regulatory Transition – Overview ‒ Key legal issue: FR publication is required for legal force and effect ‒ Outgoing administration • Ensure FR publication of key final rules • Coordinate in advance with OMB to expedite review ‒ Incoming administration • Issue “regulatory freeze” memo on Day 1: • No rules to FR • Pull back any rules not yet published • 60-day delay for final rules published but not yet effective

12

IMPLICATIONS OF TRANSITION IN ADMINISTRATION (CONT.) • Options for Published Final Rules – Incoming Administration ‒ “Informal” re-opening of comment period ‒ Grant petition for reconsideration ‒ Congressional Review Act • 60 “legislative days”

• Simple majority • “Nuclear” option • Problem of sufficient floor time and the “block vote” amendment • Optics in light of RMP dial back on security?

13

THANK YOU

MATT PAULSON Partner, Austin T: +1.512.494.3659 E: matthew.paulson@bracewell.com

WHIT SWIFT Partner, Austin T: +1.512.494.3658 E: whit.swift@bracewell.com

14 T E X A S | N EW Y O R K | WA S H I NG T O N , D C | C ONN E C T I C U T | S E A T T L E | DU B A I | L ONDON b r a c e w e l l . c om

This presentation is provided for informational purposes only and should not be considered specific legal advice on any subject matter. You should contact your attorney to obtain advice with respect to any particular issue or problem. The content of this presentation contains general information and may not reflect current legal developments, verdicts or settlements. Use of and access to this presentation does not create an attorney-client relationship between you and Bracewell.

Made with FlippingBook HTML5