Environmental regulations have grown substantially over the decades. These regulations do not simply originate from the Environmental Protection Agency (EPA) nor do they only govern “smoke-stack” industries. It is increasingly important for companies across the business spectrum to monitor environmental regulatory developments.
Below, we provide two environmental regulatory updates (and one reminder). One regulation has been developing for several years and the other is a final rule that has been stayed by a court ruling.
RMP Rule Published
On March 11, 2024, the EPA’s final Risk Management Plan (RMP) rule was published in the Federal Register. The rule is titled, “Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Safer Communities by Chemical Accident Prevention.”
According to the announcement, “The revisions include several changes and amplifications to the accident prevention program requirements, enhancements to the emergency preparedness requirements, improvements to the public availability of chemical hazard information, and several other changes to certain regulatory definitions or points of clarification.” It is estimated that nearly 12,000 facilities will be affected by this rule.
This final rule dates back to January 13, 2017, when the EPA published amendments to the RMP rule (82 FR 4594). These changes include the following categories:
- Natural Hazards
- Emergency Response Plans & Community Notification
- Public Information Requests
- Technical Clarifications & Enforcement Issues
- Safer Technology and Alternatives Analysis
- Employee Participation
- Compliance Dates
The law firm, Stinson provides a good summary of the new RMP rule, which becomes effective May 10, 2024.
It is increasingly important for companies across the business spectrum to monitor environmental regulatory developments (Image by Gerd Altmann from Pixabay).
Security and Exchange Commission Rule Paused
The recently finalized Security and Exchange Commission (SEC) rule requiring an estimated 2,800 US companies to report Scope 1 and Scope 2 greenhouse gas emissions was paused by the Fifth Circuit Court. See Liberty Energy v. SEC, 5th Cir., No. 24-60109.
According to Bloomberg Law, “The US Court of Appeals for the Fifth Circuit’s order staying the March 6 rules came after Liberty Energy Inc. requested the pause as the fracking company pursues its case. The decision was the first major ruling, and setback, for the Securities and Exchange Commission in the litigation over the regulations that require companies to report their greenhouse gas emissions and make other climate-related disclosures.”
The SEC’s final climate disclosure rule was opposed as being an overreach by some in the regulated community as well as too lenient by some environmental groups. The rule, which was delayed for two years, was modified before it was recently finalized to remove the requirement to include Scope 3 emissions.
Our neighbors to the north in Canada passed a similar rule recently that includes Scope 3 emissions. This rule will affect companies outside of Canada that do business with Canadian financial and insurance companies. See our Canadian website for details.
March 25, 2024 Update: “SEC Climate Reporting Rules Revived After Court Lifts Hold.”
PFAS Reporting Reminder
Finally, as a reminder, the details regarding the EPA’s PFAS reporting rule under the Toxic Substance Control Act were spelled out earlier this year. This rule has wide application. For example, among the thousands of companies affected are construction, manufacturing, retail, wholesale, and waste management services. This rule has no exemptions for small businesses or de minimis usage.
Reporting for this rule begins in 2025. However, because the rule requires an 11-year retrospective evaluation of PFAS use in a variety of products – it will be a substantial effort for some companies.
If you need assistance with an environmental issue, contact Jeffrey Bolin, M.S., CHMM at 248-932-0228, Ext. 125.
Dragun Corporation does not use artificial intelligence in drafting our blogs or any other material.
Alan Hahn drafted this blog. Alan has an undergraduate degree in Environmental Studies and completed a graduate program in Environmental Management. He has worked in environmental management for 45 years. He has written hundreds of blogs and articles. His published work includes Michigan Lawyers Weekly, Detroiter, Michigan Forward, GreenStone Partners, Manure Manager Magazine, Progressive Dairy, and HazMat Magazine.
Jeffrey Bolin, M.S., reviewed the blog. Jeff is a partner and senior scientist at Dragun Corporation. He is a published author, frequent speaker, and expert witness. His expertise in environmental due diligence, PFAS, vapor intrusion, and site assessments has led to projects in the US, Canada, and overseas. See Jeff’s Bio.
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