The Chemical Disaster Rule (aka RMP) & The Biden Administration; What is ahead for Rules, Risks and the Storage of Hazardous Chemicals
A New Administration, Managing and Mitigating Risk, State Regulations, Civil and Criminal Enforcement
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Environmental
- event Date
Wednesday, December 16, 2020
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will examine the Chemical Disaster Rule (commonly referred to by the regulatory framework known as the Risk Management Plan, or RMP) and the impacts of the recent election. Facility explosions in Texas and Beirut had already refocused attention on the management of hazardous chemicals. The Presidential election has now brought renewed attention to the Trump administration’s efforts to revise some RMP requirements. How will the new administration’s stated commitment to “roll back the roll backs” change how such materials should be managed? Even sooner, how will federal and state government regulators and enforcers respond to the election and the recent explosions? What steps should regulated businesses take in response?
Mr. Solow focuses his practice on business crimes, internal investigations, corporate compliance and security programs and environmental civil and criminal litigation. He represents and counsels corporations and business associations regarding their legal and regulatory obligations, develops integrated compliance programs that address corporate and government expectations and represents both corporate and individual clients in white collar cases.
Mr. Elliott advises a wide range of clients on environmental, health and safety issues. He routinely counsels clients in the chemical and energy industries on matters involving major industrial accidents, crisis response, process safety incidents and workplace fatalities. Mr. Elliott counsels clients with regards to compliance obligations under the U.S. Environmental Protection Agency (EPA)'s Risk Management Program (RMP) regulations issued under the Clean Air Act (CAA), and Process Safety Management (PSM) program regulations by the Occupational Safety & Health Administration (OSHA). He routinely counsels clients on conducting internal investigations. Mr. Elliott also advises clients on enforcement matters involving the Bureau of Safety and Environmental Enforcement (BSEE).
Ms. Richardson serves as Senior Counsel at DuPont and is responsible for overseeing legal matters related to health, safety and security for all DuPont operations around the globe. Her responsibilities include counseling clients on compliance obligations under the Environmental Protection Agency (EPA)'s Risk Management Program (RMP) regulations, Occupational Safety & Health Administration (OSHA)’s Process Safety Management (PSM) Program regulations, and the Department of Homeland Security (DHS)’s Chemical Facility Anti-Terrorism Standards (CFATS).
The catastrophic explosion in Beirut earlier this year created renewed focus on the storage of hazardous chemicals in the United States, and on the rules related to such storage. The Obama administration had proposed rules on chemical disaster prevention, which the Trump administration sought to roll back. In response, some states challenged the Trump administration’s roll back and prepared their own, even stricter, regulations.
With the Biden administration poised to make a 180 degree turn on environmental regulation and rulemaking, company counsel and compliance officers for regulated businesses should consider the potential scope of risk and related liability associated with the storage, transportation, and use of hazardous chemicals.
Listen as our expert panel addresses the emerging issues related to safe management of hazardous chemicals and the future of environmental regulation and enforcement.
- The Biden Administration and the future of the Risk Management Program
- Status of challenges to recent changes to the Risk Management Program
- Other federal considerations
- OSHA PSM
- Enforcement Efforts by DOJ, State and local governments, civil and criminal
- Emerging State Regulatory Approaches – will California become the model?
- Effective strategies to mitigate risk for storage of hazardous chemicals consistent with government and public expectations
The panel will review these and other key topics:
- How and in what ways might EPA reconsider the Trump administration’s efforts to change RMP regulations?
- Might recent chemical incidents in the U.S. and abroad lead to new legislation or renewed enforcement efforts on hazardous chemicals?
- What are the best practices to mitigate the risk of storage of hazardous chemicals?
- What is the likelihood of civil or criminal enforcement following an incident, considering recent federal and state cases along with recent Department of Justice policies?
