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August 23, 2018 | Legal Document

Comments Chemical Disaster Rule Rollback

On May 30, 2018, the U.S. Environmental Protection Agency (“EPA”) published in the Federal Register a proposed rule entitled “Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act,” 83 Fed. Reg. 24,850 (May 30, 2018) (the “Rollback Rule”). The Rollback Rule would rescind or weaken almost all of the chemical disaster prevention and mitigation measures previously adopted by the agency in its January 2017 final rule, “Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act,” 82 Fed. Reg. 4594 (Jan. 13, 2017) (the “Chemical Disaster Rule”). Comments on the Rollback Rule were originally due July 30, 2018, but EPA extended this deadline to August 23, 2018, pursuant to a Notice of Data Availability. See “Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Notification of Data Availability and Extension of Comment Period,” 83 Fed. Reg. 34,967 (July 24, 2018). The undersigned groups submit the following comments to oppose EPA’s proposed Rollback Rule. For reasons discussed herein and provided in the D.C. Circuit’s decision vacating EPA’s 2017 Delay Rule, EPA should withdraw, and not finalize, the proposed Rollback Rule. See Air Alliance Houston et al. v. EPA, No. 17-1155, Slip Op. (D.C. Cir. Aug. 17, 2018).

August 17, 2018 | Legal Document

Chemical Disaster Rule Delay Opinion

Because EPA has not engaged in reasoned decisionmaking, its promulgation of the Delay Rule is arbitrary and capricious. Accordingly, the court grants the petitions for review and vacates the Delay Rule.

May 17, 2018 | Letter

EPA Letter to U.S. Court of Appeals for the D.C. Circuit

Pursuant to Federal Rule of Appellate Procedure 28(j), Respondents United States Environmental Protection Agency and Scott Pruitt, Administrator are writing to notify the Court that today the Administrator signed a proposed rule reconsidering the Risk Management Program Amendments.

April 27, 2018 | Feature

A Disaster In The Making

A new report documents how people have been left in harm’s way, as the Trump administration attempts to block the Chemical Disaster Rule.

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