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Court: EPA must implement Risk Management Program regulations

Agency’s delay called “arbitrary and capricious”

Posted August 21, 2018

The United States Court of Appeals for the District of Columbia ruled August 17 that EPA must no longer delay implementing its Risk Management Program (RMP) rule. The rule, which was to take effect March 14, 2017, came in response to a 2013 Executive Order, following the deadly explosion of a fertilizer plant in West, Texas. EPA had delayed implementing the rule since March 2017, saying it wanted to reconsider certain provisions.

According to the final rule, published January 13, 2017, in the Federal Register, the amendments to the RMP regulations are meant to improve chemical process safety, assist local emergency authorities in planning for and responding to accidents, and improve public awareness of chemical hazards at regulated sources.

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