News & Analysis as of

Risk Management Environmental Protection Agency (EPA)

Mitchell, Williams, Selig, Gates & Woodyard,...

12(r)/Air Enforcement: U.S. Environmental Protection Agency and Henderson, Iowa Grain Facility Enter into Expedited Settlement...

The United States Environmental Protection Agency (“EPA”) and Hartland Co-op (“Heartland”) entered into an August 5th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Air Act Risk Management...more

Shipman & Goodwin LLP

PFAS in U.S. Property Transactions: PFail to Plan, Plan to Fail

Shipman & Goodwin LLP on

Per- and polyfluoroalkyl substances (PFAS), a category of several thousand human-made chemicals, have been used for decades in consumer and industrial applications. As more is learned about them, including their resistance to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Critical Infrastructure Protection/EPA Urgently Needs a Strategy to Address Cybersecurity Risks to Water/Wastewater Systems: GAO...

Critical Infrastructure Protection/EPA Urgently Needs a Strategy to Address Cybersecurity Risks to Water/Wastewater Systems: GAO Issued Report - The United States Government Accountability Office (“GAO”) released on August...more

Stoel Rives - Environmental Law Blog

EPA Reconsiders New Risk Management Program Regulations, but Regulations Remain in Effect

The D.C. Circuit Court of Appeals placed the challenges to the U.S. Environmental Protection Agency’s (“EPA”) risk management regulation on hold for 120 days while the EPA reconsiders the concerns raised by challengers....more

Robinson+Cole Environmental Law +

EPA Notice of Violation Letters Phishing Scam

On July 30, 2024, the U.S. EPA Office of Inspector General issued a fraud alert to bring attention to an increasing number of companies reporting that they have received fraudulent EPA Notice of Violation letters demanding...more

Troutman Pepper

US EPA Warns of Fraudulent NOVs

Troutman Pepper on

Phishing scams can pop up anywhere, as evidenced by the U.S. Environmental Protection Agency (EPA) Office of Inspector General’s recent alert regarding fraudulent Notice of Violation letters (NOVs)....more

Bergeson & Campbell, P.C.

EPA Publishes Compliance Guide for Final Methylene Chloride Risk Management Rule

On July 10, 2024, the U.S. Environmental Protection Agency (EPA) published a compliance guide for its final methylene chloride risk management rule issued under the Toxic Substances Control Act (TSCA). According to EPA, the...more

Smith Debnam Narron Drake Saintsing & Myers,...

The End of Chevron: Implications for Employers

On June 28, 2024, in a landmark decision, the United States Supreme Court invalidated the long-standing standard known as the Chevron doctrine in the case of Loper Bright Enterprises v. Raimondo, marking a significant shift...more

Conn Maciel Carey LLP

[Webinar] Process Safety Update: The Latest with OSHA's PSM Standard, EPA's RMP Rule, the Chemical Safety Board, and their...

Conn Maciel Carey LLP on

After years of stagnation, we’ve finally seen movement on updating process safety regulations during the Biden administration. But the revamped PSM standard and RMP rules have yet to see the light of day. We’ll discuss when...more

Mitchell, Williams, Selig, Gates & Woodyard,...

EPA's RMP Rule: Failures to Protect the American People/American Manufacturing: U.S. House of Representatives Subcommittee on...

The United States House of Representatives Subcommittee on Environment, Manufacturing, and Critical Materials of the Energy and Commerce Committee held a May 7th Hearing titled: EPA’s RMP Rule: Failures to Protect the...more

Skadden, Arps, Slate, Meagher & Flom LLP

AI-Enabled Compliance: Keeping Pace With the Feds

The potential for artificial intelligence (AI) to transform business has commanded enormous attention over the past year. Little noted, however, is the U.S. government’s increasing — and increasingly sophisticated — use of AI...more

Bergeson & Campbell, P.C.

House Subcommittee Holds Hearing on EPA’s RMP Rule

The House Energy and Commerce Subcommittee on the Environment, Manufacturing, and Critical Materials held a hearing on May 7, 2024, on “EPA’s RMP Rule: Failures to Protect the American People and American Manufacturing.” The...more

Wiley Rein LLP

EPA Overhauls Rules for Evaluating Existing Chemical Risks: Three Key Takeaways for Downstream Users

Wiley Rein LLP on

Only six months after proposing to amend the procedures for risk evaluations under the Toxic Substances Control Act (TSCA), the final rule was published in the Federal Register on May 3, 2024. A flurry of activity will soon...more

Bracewell LLP

Compliance with a Few of EPA’s New RMP Program Changes Is Required Starting in May 2024

Bracewell LLP on

On March 11, 2024, EPA’s “Safer Communities by Chemical Accident Prevention Rule” (the SCCAP Rule) was published in the Federal Register. See 89 Fed. Reg. 17622 (Mar. 11, 2024). The SCCAP Rule makes a number of significant...more

Vinson & Elkins LLP

EPA Finalizes Revisions to Risk Management Program (RMP) Regulations, with Special Focus on Petroleum and Chemical Manufacturers

Vinson & Elkins LLP on

The U.S. Environmental Protection Agency (EPA) has issued a final rule (the “Rule”) that substantially expands its Risk Management Program (“RMP”) regulations aimed at preventing chemical accidents. The Rule takes effect on...more

Holland & Knight LLP

Chemical Transporters Face Ongoing Challenges from EPA's Focus on "Transit-Related" Activity

Holland & Knight LLP on

Chemical transport, tank cleaning and transportation depot operators breathed a sigh of relief in March 2024 when the U.S. Environmental Protection Agency (EPA) dropped provisions from a proposed rule when it issued its final...more

Pillsbury Winthrop Shaw Pittman LLP

EPA Issues New Rules Regarding Response and Risk Management Plans

The Accidental Chemical Release Rules have an effective date of May 10, 2024, and includes a number of situations requiring compliance, generally by May 10, 2027. The new Clean Water Act facility response plan...more

Kelley Drye & Warren LLP

[Hybrid Event] PFAS Update Seminar - Sweeping PFAS Cleanup Liability on the Horizon - May 7th, Washington, DC

Join Kelley Drye for a seminar on the latest regulatory developments that are likely to usher in expansive new liability for the release and remediation of some of the most widely utilized per- and polyfluoroalkyl substances...more

Robinson+Cole Environmental Law +

EPA Turns Up the Pressure on Chemical Release Prevention and Preparation

On May 10, 2024, extensive revisions recently adopted by the Environmental Protection Agency (EPA) to the Risk Management Program (RMP) regulations (40 CFR Part 68) will take effect. The revisions, dubbed by EPA as the “Safer...more

Stinson LLP

EPA Publishes Clean Water Act "Worst-Case" Spill Rule

Stinson LLP on

On March 28, the U.S. Environmental Protection Agency (EPA) published its Final Rule: Clean Water Act Hazardous Substance Facility Response Plans (Final Rule) requiring facilities that handle hazardous substances to create...more

Williams Mullen

"Risky Businesses" Beware - EPA's New Risk Management Plan Requirements Could Bite

Williams Mullen on

Under the Clean Air Act, facilities that present a high risk of chemical accidents, including those engaged in industries such as chemical manufacturing, paper manufacturing, and warehousing and storage, are required to...more

Downey Brand LLP

EPA Adds Extensive New Amendments to its Risk Management Program in Final Rule

Downey Brand LLP on

On March 11, 2014, the Environmental Protection Agency (EPA) published in the Federal Register amendments to the Risk Management Program (RMP) rule (Final Rule). Going into effect on May 10, 2024, EPA’s Final Rule, named the...more

Troutman Pepper

EPA Makes Major Changes to Risk Management Program Under Clean Air Act

Troutman Pepper on

On March 11, the U.S. Environmental Protection Agency (EPA) published the long-awaited Safer Communities by Chemical Accident Prevention Rule (Final Rule), which concluded a nearly decadelong process — spanning three...more

Jones Day

The Climate Report | First Quarter 2024

Jones Day on

The U.S. Securities and Exchange Commission has adopted much anticipated climate-related disclosure rules....more

ArentFox Schiff

EPA Finalizes Changes to the Clean Air Act’s Risk Management Program

ArentFox Schiff on

On March 1, the US Environmental Protection Agency (EPA) announced finalized amendments to the Clean Air Act’s Risk Management Program (RMP) through the Safer Communities by Chemical Accident Prevention Rule (Final Rule). ...more

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