DC Circuit Vacates EPA's Delay of Chemical Plants Rule

EPA promulgated the rule in on Jan. 13, 2017, to revise requirements for Risk Management Programs under the Clean Air Act, in the wake of the West explosion and other chemical accidents. When the Trump administration took over soon afterward, EPA delayed the rule three times.

A panel of judges on the U.S. Court of Appeals for the District of Columbia Circuit has rebuffed EPA's lengthy delay of the "Chemical Disaster Rule," an EPA rule promulgated on Jan. 13, 2017, just before President Donald J. Trump took office and his administration's new agency heads were in place. EPA issued the rule to revise requirements for Risk Management Programs under the Clean Air Act, in the wake of the West, Texas fertilizer plant explosion and other chemical accidents.

EPA had acted after President Obama issued an executive order directing EPA's administrator and the secretary of Labor to review the chemical hazards covred by the Risk Management Program and determine, in light of the accidents, they should be expanded to address additional hazards.

When the Trump administration took over soon afterward, EPA delayed the rule three times. The third delay would have pushed back the rule's effective date to Feb. 19, 2019.

In a per curiam decision, a two-judge panel of the court held that the EPA's decision to delay the effective date by 20 months for the purpose of reconsidering it was arbitrary and capricious. They vacated the third delay rule, which was issued June 14, 2017.

Only two judges participated in the decision because Judge Brett Kavanaugh, currently a nominee for the U.S. Supreme Court, was a member of the panel when the case was argued but did not participate in the opinion.

Download Center

HTML - No Current Item Deck
  • Free Safety Management Software Demo

    IndustrySafe Safety Management Software helps organizations to improve safety by providing a comprehensive toolset of software modules to help businesses identify trouble spots; reduce claims, lost days, OSHA fines; and more.

  • Track Key Safety Performance Indicators

    IndustrySafe’s Dashboard Module allows organizations to easily track safety KPIs and metrics. Gain increased visibility into your business’ operations and safety data.

  • Analyze Incident Data

    Collect relevant incident data, analyze trends, and generate accurate regulatory reports, including OSHA 300, 300A, and 301 logs, through IndustrySafe’s extensive incident reporting and investigation module.

  • Safety Training 101

    When it comes to safety training, no matter the industry, there are always questions regarding requirements and certifications. We’ve put together a guide on key safety training topics, requirements for certifications, and answers to common training questions.

  • Conduct EHS Inspections and Audits

    Record and manage your organization’s inspection data with IndustrySafe’s Inspections module. IndustrySafe’s pre-built forms and checklists may be used as is, or can be customized to better suit the needs of your organization.

  • Industry Safe
comments powered by Disqus

OH&S Digital Edition

  • OHS Magazine Digital Edition - March 2019

    March 2019

    Featuring:

    • HEARING PROTECTION
      Not Your Grandpa's Ear Muffs 
    • FALL PROTECTION
      Far Too Many Fatal Falls
    • DRUG TESTING
      Marijuana in the Workplace
    • FALL PREVENTION
      Ladder Safety Tips
    View This Issue