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


Conducted on Wednesday, December 16, 2020

Recorded event now available

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Program Materials

This CLE webinar 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?

Description

The catastrophic explosion in Beirut earlier this year created renewed focus on the storage of hazardous chemicals in the United States, and on the rules related to such storage. The Obama administration had proposed rules on chemical disaster prevention, which the Trump administration sought to roll back. In response, some states challenged the Trump administration’s roll back and prepared their own, even stricter, regulations.

With the Biden administration poised to make a 180 degree turn on environmental regulation and rulemaking, company counsel and compliance officers for regulated businesses should consider the potential scope of risk and related liability associated with the storage, transportation, and use of hazardous chemicals.

Listen as our expert panel addresses the emerging issues related to safe management of hazardous chemicals and the future of environmental regulation and enforcement.

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Outline

  1. The Biden Administration and the future of the Risk Management Program
  2. Status of challenges to recent changes to the Risk Management Program
  3. Other federal considerations
    1. OSHA PSM
    2. Enforcement Efforts by DOJ, State and local governments, civil and criminal
  4. Emerging State Regulatory Approaches – will California become the model?
  5. 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

Elliott, Scott
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

Richardson, Kimberly
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

Solow, Steven
Steven P. Solow

Partner
Baker Botts

Mr. Solow focuses his practice on business crimes, internal investigations, corporate compliance and security...  |  Read More

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