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The Environmental Protection Agency recently announced a final rule rescinding major amendments to the Clean Air Act §112(r) Risk Management Program (RMP) regulations that were promulgated at the end of the Obama Administration in 2017. The 2017 revisions were promulgated partially in response to a 2013 explosion at a fertilizer company in West Texas, which caused 15 fatalities and injured more than 260 people, and had yet to go fully into effect due to administrative and court challenges and because most of the compliance deadlines had not yet been triggered.

The provisions of the 2017 rule that have been rescinded include requirements:

  • To assess theoretically safer technology and alternative analysis of risk management measures targeting process hazards;
  • For third-party compliance audits after a reportable RMP accident; and
  • To perform root cause analyses after RMP accidents or near misses.

Click here for the full GT Alert, EPA’s Final Risk Management Program Reconsideration Rule More In-Step with OSHA’s Process Safety Management Standards.

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Photo of Christopher Bell Christopher Bell

Chris Bell represents clients in civil and criminal enforcement and investigations, litigation, compliance counseling, emergency incident response, and legislative and regulatory advocacy (including appellate challenges to rulemakings) under all of the major environmental, health, safety and natural resource laws. His enforcement experience includes…

Chris Bell represents clients in civil and criminal enforcement and investigations, litigation, compliance counseling, emergency incident response, and legislative and regulatory advocacy (including appellate challenges to rulemakings) under all of the major environmental, health, safety and natural resource laws. His enforcement experience includes internal investigations, responding to grand jury investigations and agency information requests, and negotiating consent, probation, and debarment agreements. He is currently the EPA Independent Monitor overseeing the nation’s largest investor-owned energy company’s compliance with complex debarment and probation agreements arising from the resolution of a criminal enforcement case brought under the Clean Water Act.

Chris assists buyers, sellers, investors and financial institutions on the environmental aspects of transactions, including conducting due diligence, negotiating the environmental provisions of transactional documents, and identifying and executing insurance-based risk management opportunities. His transactional experience has included upstream, midstream and downstream energy projects, alternative energy projects, and transactions in the manufacturing, logistics, consumer products and chemicals sectors.

He helps clients evaluate and implement compliance and ethics programs (e.g., under the Sentencing Guidelines), and environmental, health and safety management systems (including based on ISO 14001). Chris advises clients on sustainable development, climate change, product and chemical stewardship and regulation, and value chain management. He recently served on an independent committee advising the senior management of a Fortune 50 company on its global sustainability strategy and reporting.

Photo of Michael T. Taylor Michael T. Taylor

Michael Taylor is Chair of the firm’s Labor & Employment Practice’s OSHA group. He focuses his practice exclusively on representing employers regarding Occupational Safety and Health Administration (OSHA) and Chemical Safety Board (CSB) matters across the country. Over the last eighteen years, Michael

Michael Taylor is Chair of the firm’s Labor & Employment Practice’s OSHA group. He focuses his practice exclusively on representing employers regarding Occupational Safety and Health Administration (OSHA) and Chemical Safety Board (CSB) matters across the country. Over the last eighteen years, Michael has defended scores of employers during enforcement litigation before federal OSHA, Cal-OSHA, SC-OSHA, WA-DOSH, as well as other state plan states. Many of these representations have involved a significant injury, fatality, or catastrophic event in the workplace.

Currently, Michael is providing guidance to employers regarding appropriate engineering, work practices, administrative controls, and personal protective equipment when dealing with COVID-19 in the workplace. Michael also provides OSHA compliance counseling, OSHA inspection counseling, OSHA whistleblower representation, and OSHA due diligence reviews, and CSB investigations for clients.  Michael has wide-ranging experience in the workplace safety field, including his prior public service as General Counsel to the Occupational Safety and Health Review Commission, the federal agency in charge of the trials and appeals of workplace safety and health disputes between federal OSHA and the regulated community. In 2013, EHS Today named Michael as one of the Top 50 People Who Most Influenced Environmental, Health, and Safety. A highly committed advocate, Michael’s clients can rely on him to be present and engaged regarding any workplace safety and health issue in any state across the country.

‡ Admitted in the District of Columbia. Not admitted in Virginia. Practice in Virginia limited to federal OSHA and proceedings before federal agencies.

Genus Heidary

Genus Heidary focuses much of her practice on environmental, health, and safety-related matters, providing both proactive compliance counseling, as well as strategic advocacy at times of enforcement litigation. She has comprehensive experience counseling clients through major industrial accidents, workplace fatalities, agency inspections, and

Genus Heidary focuses much of her practice on environmental, health, and safety-related matters, providing both proactive compliance counseling, as well as strategic advocacy at times of enforcement litigation. She has comprehensive experience counseling clients through major industrial accidents, workplace fatalities, agency inspections, and crisis management at times of potential toxic releases. Genus works with technical experts and auditors, providing compliance counseling in relation to the development and improvement of environmental, health, and safety programs. Much of this work requires her to take the lead on internal investigations to evaluate litigation risk, as well as compliance readiness. Her portfolio also includes due diligence risk assessments of commercial deal work.

With a background in public policy and years of courtroom experience as a litigator, Genus also represents clients from a broad array of industries – including manufacturing, health care, technology, energy, real estate, and financial services – in challenges to agency rule-makings, supervisory investigations, complex litigation, and class action lawsuits, as well as civil and criminal enforcement actions brought by federal and state regulatory agencies, state attorneys general, and the Department of Justice (DOJ).  Such experience has allowed her to represent clients before agencies including the Department of Labor (DOL), Environmental Protection Agency (EPA), Consumer Financial Protection Bureau (CFPB), Office of the Comptroller of the Currency (OCC), Federal Trade Commission (FTC), and the Federal Reserve Board, or related state agencies.