Pruitt stays EPA's risk management plan rule 90 days for review

March 27, 2017
US Environmental Protection Agency Administrator Scott Pruitt signed an administrative stay to delay the agency's chemical plant risk management rule's effective date until June 17.

US Environmental Protection Agency Administrator Scott Pruitt signed an administrative stay to delay the agency's chemical plant risk management rule's effective date until June 17.

The 90-day extension will allow EPA time to consider whether to further extend the effective date through a rulemaking as the agency reconsiders the rule in response to a petition in February from the RMP Coalition, it said.

The American Petroleum Institute, American Fuel & Petrochemical Manufacturers, US Chamber of Commerce, and 18 other business groups asked leaders of the 115th Congress in January to use the CRA to disapprove the rule (OGJ Online, Jan. 26, 2017).

"As an agency, we need to be responsive to concerns raised by stakeholders regarding regulations so facility owners and operators know what is expected of them," Pruitt said.

EPA issued the final rule amending its risk management plan requirements for petrochemical and other chemical plants in December to make accidental releases less likely and improve emergency responses (OGJ Online, Dec. 22, 2016).

Rep. Markwayne Mullin (R-Okla.) introduced H.J. Res. 59 to revoke the rule early last month (OGJ Online, Feb. 2, 2017). US Sen. James N. Inhofe (R-Okla.) strongly criticized the rule in a Feb. 9 floor speech.

AFPM and API officials welcomed Pruitt's Mar. 14 action. "EPA was right to grant the Risk Management Plan (RMP) Coalition's petition for reconsideration. The original rule has proven to be effective in preventing accidental releases, according to EPA's own data," AFPM Pres. Chet Thompson said.

"The midnight rulemaking in the final days of the Obama administration would not enhance safety, and create security vulnerabilities and divert resources from further enhancing existing safety programs," Thompson said.

API Downstream Group Director Frank Macchiarola said Pruitt's action placing an administrative stay on the EPA's risk management plan rule was important to protecting the security of industrial facilities throughout the country.

"This is an important step for providing regulatory certainty and supporting safety and security in the oil and natural gas industry," he said. "Now, Congress must act to repeal this unnecessary rule, as the rule misses the mark on improving the safety and security of our nation's energy infrastructure."