The Chemical Disaster Rule (aka RMP) & The Biden Administration; What is ahead for Rules, Risks and the Storage of Hazardous Chemicals
A New Administration, Managing and Mitigating Risk, State Regulations, Civil and Criminal Enforcement
Recording of a 90-minute CLE webinar with Q&A
This CLE course will examine the Chemical Disaster Rule (commonly referred to by the regulatory framework known as the Risk Management Plan, or RMP) and the impacts of the recent election. Facility explosions in Texas and Beirut had already refocused attention on the management of hazardous chemicals. The Presidential election has now brought renewed attention to the Trump administration’s efforts to revise some RMP requirements. How will the new administration’s stated commitment to “roll back the roll backs” change how such materials should be managed? Even sooner, how will federal and state government regulators and enforcers respond to the election and the recent explosions? What steps should regulated businesses take in response?
Outline
- The Biden Administration and the future of the Risk Management Program
- Status of challenges to recent changes to the Risk Management Program
- Other federal considerations
- OSHA PSM
- Enforcement Efforts by DOJ, State and local governments, civil and criminal
- Emerging State Regulatory Approaches – will California become the model?
- Effective strategies to mitigate risk for storage of hazardous chemicals consistent with government and public expectations
Benefits
The panel will review these and other key topics:
- How and in what ways might EPA reconsider the Trump administration’s efforts to change RMP regulations?
- Might recent chemical incidents in the U.S. and abroad lead to new legislation or renewed enforcement efforts on hazardous chemicals?
- What are the best practices to mitigate the risk of storage of hazardous chemicals?
- What is the likelihood of civil or criminal enforcement following an incident, considering recent federal and state cases along with recent Department of Justice policies?
Faculty
Scott A. Elliott
Partner
Baker Botts
Mr. Elliott advises a wide range of clients on environmental, health and safety issues. He routinely counsels clients... | Read More
Mr. Elliott advises a wide range of clients on environmental, health and safety issues. He routinely counsels clients in the chemical and energy industries on matters involving major industrial accidents, crisis response, process safety incidents and workplace fatalities. Mr. Elliott counsels clients with regards to compliance obligations under the U.S. Environmental Protection Agency (EPA)'s Risk Management Program (RMP) regulations issued under the Clean Air Act (CAA), and Process Safety Management (PSM) program regulations by the Occupational Safety & Health Administration (OSHA). He routinely counsels clients on conducting internal investigations. Mr. Elliott also advises clients on enforcement matters involving the Bureau of Safety and Environmental Enforcement (BSEE).
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Kimberly Richardson
Senior Counsel
DuPont
Ms. Richardson serves as Senior Counsel at DuPont and is responsible for overseeing legal matters related to health,... | Read More
Ms. Richardson serves as Senior Counsel at DuPont and is responsible for overseeing legal matters related to health, safety and security for all DuPont operations around the globe. Her responsibilities include counseling clients on compliance obligations under the Environmental Protection Agency (EPA)'s Risk Management Program (RMP) regulations, Occupational Safety & Health Administration (OSHA)’s Process Safety Management (PSM) Program regulations, and the Department of Homeland Security (DHS)’s Chemical Facility Anti-Terrorism Standards (CFATS).
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Steven P. Solow
Partner
Baker Botts
Mr. Solow focuses his practice on business crimes, internal investigations, corporate compliance and security... | Read More
Mr. Solow focuses his practice on business crimes, internal investigations, corporate compliance and security programs and environmental civil and criminal litigation. He represents and counsels corporations and business associations regarding their legal and regulatory obligations, develops integrated compliance programs that address corporate and government expectations and represents both corporate and individual clients in white collar cases.
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