On December 3, 2018, EPA published a final rule in the Federal Register, implementing the September 21, 2018 DC Circuit court decision that vacated EPA's delay of the 2017 RMP Amendments. That final rule is available on the Federal Register here. This action requires that the 40 CFR Part 68 language be updated on the electronic Code of Federal Regulations here to reflect the 2017 RMP Amendments, and formalizes the court's decision that the 2017 RMP Amendments are now in effect. As of December 4, 2018, the placeholders for the new rule requirements are there, but the rule language has not yet been updated to match the 2017 RMP amendments.
This does not mean that the RMP Reconsideration Rule (proposed in May 2018) is off the table. The RMP Reconsideration Rule's public notice period closed in August 2018, and we anticipate that EPA is reviewing and addressing those comments which is required as part of the preamble to any future final rule changes. Trinity will continue to monitor and provide updates on EPA's actions on the proposed Reconsideration Rule.
For further information on your current and future compliance requirements under the RMP Rule, access Trinity's recent RMP Rule webinar presented in November 2018. To download a copy of the webinar, click here.
Any questions regarding the 2017 RMP Final Rule, please reach out to Ms. Natalie VanLiew at (913) 894-4500.