Environmental -- active

American Chemistry Council v. EPA   (D.C. Circuit)

Risk Management Program litigation

The NAM joined with the American Chemistry Council, American Forest & Paper Association, American Fuel & Petrochemical Manufacturers, American Petroleum Institute and the Chamber of Commerce in asking a federal appeals court to review the EPA's new rule on Risk Management Programs under the Clean Air Act. The rule, published on Jan. 13, 2017, revises an existing rule that is designed to reduce chemical hazards and related accidental releases. The court will determine the validity of the new rule.

While the case is pending, the EPA will be considering the associations' Petition for Reconsideration of the rule. Our Feb. 28 petition and request for a 90-day stay argues that the final rule raises significant security concerns and compliance issues that will cause irreparable harm to manufacturers, requiring them to make available sensitive information that could expose plant vulnerabilities. The rule also imposes costly audit requirements for "each covered process" without justification, and the agency failed to conduct an adequate assessment of the costs and benefits.

The EPA delayed the effective date until Feb. 19, 2019, while it reconsiders the rule. This will give the agency time to review our concerns and will temporarily suspend the compliance burden.

Related Documents:
Petition for review  (March 13, 2017)
Petition to EPA for reconsideration  (February 28, 2017)


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