In EPA's continuing effort to clear its plate of outstanding actions prior to the administration turnover in January, EPA Administrator Gina McCarthy has signed off on Final Risk Management Plan (RMP) Rule revisions and the latest Six-Year Review over the past two days. Both actions will become final upon publication in the Federal Register in the next several weeks, but the pre-publication versions of each action are available for review.
Developed in response to President Obama’s 2013 Executive Order 13650, “Improving Chemical Facility Safety and Security,” the Final Amendments to the Risk Management Program (RMP) Rule makes a number of changes to accident prevention program requirements under section 112(r) of the Clean Air Act. The rule includes enhancements to certain analyses, incident investigation, coordination, and information sharing requirements. Mandates calling for the review and use of inherently safer technologies for the water sector – a major concern for AMWA members – were not included in the final regulations. But the RMP Rule amendments also face an uncertain future, as both Republicans in Congress and incoming administration officials have singled out the regulation as a target for repeal early in 2017. Because the rule was finalized at the end of President Obama’s term, lawmakers could use the Congressional Review Act to nullify the RMP revisions early next year.
EPA’s third Six-Year Review identifies eight National Primary Drinking Water Regulations (NPDWRs) as candidates for regulatory revision. Chlorite, Cryptosporidium, haloacetic acids, heterotrophic bacteria, Giardia lamblia, Legionella, total trihalomethanes, and viruses will now undergo further evaluation for regulatory updates that would be incorporated in future revisions to one or more of EPA’s Disinfection Byproducts Rules (Stage 1 or Stage 2) or Surface Water Treatment Rules. While the release of the latest Six-Year Review kick-starts the process of further research, data collection and analysis, and stakeholder consultations, any actual regulatory revisions will be many years down the road.
AMWA will continue to monitor and provide feedback on both initiatives as the processes move forward. If you have any questions, please contact Director of Regulatory Affairs, Scott Biernat ([email protected]), in AMWA’s national office.