U.S. EPA Issues Latest Proposal to Amend the Risk Management Program: A Return to Regulatory Stability?

In an article published in Pratt’s Energy Law Report, Sidley lawyers Justin Savage, Timothy Webster, Brittany Bolen, Rose Quam-Wickham and Jeffrey Davis examine the U.S. Environmental Protection Agency’s (EPA) latest proposal to amend the Clean Air Act Risk Management Program (RMP) regulations. The proposal would scale back several requirements adopted in the EPA’s 2024 RMP rule, including provisions related to safer technology and alternatives analyses, third-party compliance audits, public information availability, employee participation and backup power requirements.

The authors discuss how the proposed revisions are intended to reduce compliance burdens and more closely align RMP requirements with the Occupational Safety and Health Administration’s Process Safety Management standard. The article also analyzes the broader regulatory and litigation landscape surrounding the RMP program, including the potential implications for refineries, chemical manufacturers and other facilities subject to chemical accident prevention requirements under the Clean Air Act.