To VI HSE Committee,

In case you are not already aware, EPA’s delay of the effective date of its RMP rule until February 2019 will be published in Monday’s Federal Register. I will provide additional information as it becomes available. Also attached as a courtesy from American Chemistry Council are two Petitions for Reconsideration on the RMP rule filed with EPA, one by States Attorneys General that included LA, TX, KY, and OK, and another Petition from the Chemical Safety Advisory Group.

FYI, Rich

Thanks! Just checked the FR’s Public Inspection Desk — this proposed rule will run in Monday’s FR.

James Conrad

All –

I hope you are having a nice week!

We wanted to let you know that today EPA posted the attached proposal to delay the effective date of the RMP rule until February 2019. This is shorter than the three year period we had heard rumored. Also, for information, attached are the CSAG and state petitions for reconsideration/stay that were filed earlier this month. I am not sure when our next big group call is but wanted to be sure we were sharing all of the latest info.

Note that a public hearing will be held on April 19 and that the registration deadline is April 11.

Best regards,

Shannon S. Broome

Coalition Members:

ACC, along with six other trades, yesterday filed with EPA the attached petition for reconsideration of the RMP Final Rule based on numerous objections that were either impracticable to raise during the comment period or arose subsequent to the comment period and are of central relevance to the Final Rule. Some of the objections raised in the petition include:

  • The Final Rule was procedurally deficient and deprived commenters of effective notice and comment;
  • The Final Rule introduced new provisions that were not a logical outgrowth of the proposed Rule and therefore did not allow for comment;
  • The Final Rule raises significant security concerns and impose compliances issues causing irreparable harm to members.

The petition also proposes a total rescission of the Final Rule, and requests both a short term (90-day) stay of the Rule under the Clean Air Act, and a longer stay under the Administrative Procedure Act.

In addition, the group intends to file a petition for review with the DC Circuit challenging the lawfulness of the Final Rule prior to the March 14 deadline.

William J. Erny

Additional Resources

STATES Petition for Reconsideration Stay

STATES Petition for Reconsideration Stay2017-03-13 – 235PM EST – CSAG Petition for Reconsideration and Stay of RMP Rule with Attachment 5

2017-03-30 Pre Pub Proposed Rule RMP Further Delay of Effective Date