There are recent, noteworthy developments affecting the U.S. Environmental Protection Agency’s (“EPA”) accidental release program. On March 16, EPA defended its decision to delay implementation of an Obama-era rule updating EPA’s Risk Management Plan (“RMP”)regulations before the United States Court of Appeals for the D.C. Circuit. And, on February 5, EPA and the Department of Justice (“DOJ”)announced a court settlement to resolve Clean Air Act Section 112(r) claims stemming from a 2013 ammonia release that killed a contract worker.

Importantly, these recent events raise questions about the future of Section 112(r) obligations for stationary sources. The Trump Administration’s possible rollback of EPA’s RMP regulations is months in the making, raising the question of which, if any, portions of the 2017 rule may be preserved. Notably, EPA’s efforts to reverse the previous administration’s “modernization” of the RMP rule is in tension with its FY 2017-2019 National Enforcement Initiative, “Reducing Risks of Accidental Releases at Industrial and Chemical Facilities.” Will the enforcement office pursue this national enforcement initiative and, if so, what types of facilities is the agency likely to target?