(125b) Maneuvering the Technical Minefield of the Amplified RMP Rule

RMP compliance is a national enforcement priority, and EPA’s rule takes specific aim at petroleum refineries and chemical manufacturers. It is a technical and legal minefield that these industries should prepare for now. EPA finalized brand new “amplification” language for substantive PHA requirements that the Agency claims have been effective all along. EPA’s lengthy defense of its retroactive enforcement approach in the final rule’s preamble serves as a warning that the Agency will intensely scrutinize PHAs. Other parts of the rule claim to advance the Administration’s environmental justice goals, including obligations to report declined recommendations and disclose sensitive facility information, further exposing our industries to Clean Air Act citizen suits.

Trinity Consultants will provide practical guidance through a deep-dive into the rule changes, focusing on the prevention program requirements applicable to multiple industries. We will spotlight the new PHA requirements for Safer Technology and Alternative Analysis, Inherently Safer Technology and Design Practicability, safeguard implementation, RAGAGEP safety gap analyses, and backup power supply. We’ll further provide ideas on how to manage enhanced employee consultation requirements, new requirements for corporate involvement in compliance, and disclosure of declined risk reduction recommendations.