Trump Regulatory Freeze likely to delay EPA RMP Updates

According to a memo from Reince Priebus ( Regulatory Freeze Memo 012017 ) the EPA RMP updates are likely to be delayed:

With respect to regulations that have been published in the OFR but have not taken effect, as permitted by applicable law, temporarily postpone their effective date for 60 days from the date of this memorandum, subject to the exceptions described in paragraph 1, for the purpose of reviewing questions of fact, law, and policy they raise. Where appropriate and as permitted by applicable law, you should consider proposing for notice and comment a rule to delay the effective date for regulations beyond that 60-day period. In cases where the effective date has been delayed in order to review questions of fact, law, or policy, you should consider potentially proposing further notice-and-comment rulemaking. Following the delay in effective date: (a) for those regulations that raise no substantial questions of law or policy, no further action needs to be taken; and (b) for those regulations that raise substantial questions of law or policy, agencies should notify the OMB Director and take further appropriate action in consultation with the OMB Director.

As these regulations likely fall into category “b” above, we’ll have to see what “further appropriate action” consists of in the weeks and months ahead.

**012617 Update – EPA posted a memo on delayed implementation.

About Brian Chapin

PSM / RMP Compliance Consultant
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