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EPA Risk Management Program Final Rule: Preventing Hazardous Chemical Accidents With Stringent New Requirements

Expanded Hazard Analyses; Natural Hazards; Third-Party Compliance Audits; Employee Participation; Public Information Availability

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, August 20, 2024

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, July 26, 2024

or call 1-800-926-7926

This CLE webinar will guide practitioners through the U.S. EPA's final rule amending the Clean Air Act Risk Management Program (RMP) regulations. The panel will describe the stringent new requirements related to hazardous chemical accident prevention, emergency preparedness, and public availability of chemical hazard information. The panel will also discuss the final rule's impact on covered entities and offer best practices to minimize the risk of enforcement action.

Description

The EPA recently issued a long-awaited final rule, effective May 10, 2024, that makes sweeping changes to the RMP regulations to minimize the incidence and impact of accidental hazardous chemical releases from covered facilities to surrounding at-risk communities. The final rule creates stringent new requirements related to accident prevention, emergency preparedness, and public availability of chemical hazard information.

For example, the rule requires chemical plants, coal product manufacturers, and petroleum refineries to include a safer technologies and alternative analysis evaluation in the process hazard analysis. Additionally, certain RMP facilities must conduct a practicability assessment of inherently safer technologies and designs and document the justification for decisions not to implement recommendations from those assessments.

Other significant changes include: (1) requiring facilities to address and plan for natural disasters as part of their hazard evaluations, including those caused or exacerbated by climate change; (2) requiring facilities that have an accident meeting the five-year accident history criteria to have a third-party audit, to document decisions not to follow third-party audit recommendations, and to provide board-level reporting of the third-party audit findings and company responses to the audit; and (3) mandating employee participation in addressing findings and recommendations from process hazardous analyses, compliance audits, and accident investigations.

Listen as our expert panel guides environmental practitioners through the EPA's final rule amending RMP regulations. The panel will address the final rule's new requirements and offer best practices for compliance.

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Outline

  1. Introduction
    1. RMP purpose
    2. History of the final rule
  2. The final rule
    1. Covered entities
    2. Hazard evaluations and expanded analysis requirements
    3. Natural hazards
    4. Third-party compliance audits
    5. Employee participation
    6. Public information availability
    7. Other changes
    8. Compliance timeline
    9. Enforcement
  3. State law considerations
  4. Best practices for compliance

Benefits

The panel will review these and other important considerations:

  • What additional requirements does the rule impose for covered entities when conducting hazard analyses?
  • What will be the impact of the requirement to include meteorological, environmental, or geological phenomena, including those related to climate change, as part of hazard evaluations?
  • What is the significance of requiring third-party compliance audits of RMP-reportable accidents and board-level reporting of the audit findings?
  • How may counsel best assist clients with developing employee participation plans as required by the rule?
  • What information will covered entities have to make available to the public?

Faculty

Beers, James
James Beers

Partner
Troutman Pepper Hamilton Sanders

Mr. Beers represents clients on all aspects of environmental law and related disputes, from rulemakings and compliance...  |  Read More

Jacobson, Paul
Paul Jacobson

Attorney
Spencer Fane

Mr. Jacobson guides businesses through their environmental and workplace safety legal challenges involving the EPA,...  |  Read More

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Early Discount (through 07/26/24)

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Early Discount (through 07/26/24)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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