On February 1, a House Republican formally introduced a resolution of disapproval that would nullify the Risk Management Plan (RMP) rule finalized by EPA in the waning days of the Obama Administration. The rule aims to improve the security facilities that handle gaseous chlorine and other hazardous chemicals, but has drawn opposition from the chemical sector.
Sponsored by Rep. Markwayne Mullin (R-Okla.), H.J.Res. 59 would invoke the Congressional Review Act to declare that the RMP rule revisions promulgated by EPA on January 13 “shall have no force or effect.” The Congressional Review Act gives Congress a path to nullify rules promulgated in the final 60 legislative days of an outgoing administration, and further bars the executive branch from ever promulgating a “substantially similar” rule to one that is overturned through the act.
Chemical industry stakeholders have staunchly opposed EPA’s RMP revisions, which, among other things, would require chemical facilities in certain sectors to consider the use of substitute chemicals, also known as “inherently safer technologies” (IST). While the IST review mandate would not apply to water and wastewater utilities covered by the regulation, other mandates – such as requirements that chemical storage facilities coordinate with local agencies, investigate near-misses and hold community meetings after safety lapses – would affect water systems that hold threshold levels of covered chemicals like gaseous chlorine.
Last May, AMWA submitted comments to EPA on the initial draft of the proposed RMP revisions, in which the association said it “remain[ed] skeptical of the additional benefits that will be achieved by the proposed RMP regulatory changes.”
In recent months opposition to the RMP rule by many leading Republicans had led it to be frequently mentioned as a potential candidate for repeal under the Congressional Review Act. The Act only allows Congress to review rules within the first 60 legislative days of the new session of Congress, meaning that lawmakers would likely have to move on the resolution sometime before mid-to-late spring in order to have a chance to undo the regulation. At this point congressional leaders have not publicly committed to undoing the rule through the CRA, but the House and Senate have already voted to nullify several Obama Administration regulations, and more are on the agenda for the coming weeks. Thirty-six representatives – all Republicans – had signed on as cosponsors of H.J.Res. 59 through February 22.