Scott Pruitt, administrator of the Environmental Protection Agency, proposed Thursday repealing major parts of a chemical safety rule finalized in the last days of the Obama administration.
The rule is intended to toughen standards for chemical plants and other facilities to prevent and mitigate accidental chemical releases. It applies to about 12,500 facilities ranging from petroleum refineries, chemical manufacturers, water and wastewater treatment systems, food manufacturers, packing plants, and more.
The Obama administration finalized the rule in December 2016 after seeking changes in response to the 2013 explosion of ammonium nitrate at a fertilizer plant in West, Texas, that killed 15 people.
Last March, Pruitt delayed the safety rule and began the process of repealing it, in response to complaints from industry groups, congressional Republicans, and 11 states, who argued the rule was too costly. The EPA describes its proposed changes as “minor.”
“Accident prevention is a top priority at EPA, and this proposed rule will ensure proper emergency planning and continue the trend of fewer significant accidents involving chemicals,” Pruitt said Thursday in a statement. “The rule proposes to reduce unnecessary regulatory burdens, address the concerns of stakeholders and emergency responders on the ground, and save Americans roughly $88 million a year.”
Pruitt proposed to repeal requirements in the rule that audits of facilities be conducted by third parties and that investigators determine the “root cause” of an accident. The EPA cited uncertain environmental benefits from those provisions and added costs, when compared to existing requirements.
Pruitt also proposed to rescind other elements of the rule, including a 12-month completion deadline for investigative incident reports; employee training requirements; and a mandate that facility owners release chemical hazard information to the public upon request after accidents.
The EPA said it will keep a requirement forcing plant owners to hold a public meeting within 90 days after an accident.
In limiting information disclosure, the EPA cited concerns about “an additional security risk for facilities.”
EPA claimed the repeal of these components of the rule will produce between $87.9 million and $88.4 million in cost savings.
The agency will accept public comment for 60 days once its proposed repeal is published in the Federal Register, and plans to host a public hearing on June 14.
There is already a pending legal challenge to Pruitt’s decision to delay the rule, and opponents will likely sue again once he takes final action on repealing parts of it.
