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The NAM supports the administration’s moves to streamline regulations for manufacturers while continuing to protect public and environmental health, and three recent actions by the Environmental Protection Agency seek to do just that.

What’s going on: In recent months, the EPA has launched the reconsideration of three 2024 regulations: the Commercial Sterilization National Emissions Standards for Hazardous Air Pollutants final rule, a Clean Water Act Hazardous Substance Facility Response Plans rule and the Risk Management Program rule, to all of which the NAM submitted robust comments.

• All three proposals would ease undue burdens on manufacturers, the NAM recently told the EPA.

Ethylene oxide NESHAP ethylene oxide rule review: In March, the EPA proposed a rule reconsidering the Ethylene Oxide Emissions Standards for Sterilization Facilities Residual Risk and Technology Review final rule of 2024.

• The proposal, the NAM recently told the EPA, “corrects the previous administration’s attempt to overreach the EPA’s authority under Section 112(f)(2) of the Clean Air Act. The NAM agrees with the EPA’s revised interpretation that CAA Section 112(f)(2) authorizes only a one-time residual risk review and that the agency had no legal basis to conduct a second residual risk review in 2024 to then promulgate additional risk-based standards.”
• The NAM urged the EPA to finalize its amendments to the 2024 final rule as soon as possible.

Clean Water Act Hazardous Substance Facility Response Plans amendment: In February, the EPA sought feedback to inform a forthcoming proposal to make changes to the 2024 Final Rulemaking on Clean Water Act Hazardous Substance Facility Response Plans.

• The 2024 regulation had mandated that certain facilities develop response plans for a worst-case Clean Water Act hazardous substances discharges or discharge potential.
• This action constitutes “steps to inform a pragmatic reconsideration” of the 2024 rule, the NAM said this month, adding that the agency should “move forward promptly with a reconsideration proposal that right-sizes the rule, reduces duplication and better aligns applicability with realistic risk.”

Risk Management Program revision: Also in February, the EPA proposed the Common Sense Approach to Chemical Accident Prevention rule to amend the 2024 Safer Communities by Chemical Accident Prevention rule.

• The new regulation, the NAM told the agency this month, “reduc[es] unnecessary duplication and better align[s] with the Occupational Safety and Health Administration Process Safety Management requirements.”

The NAM says: “Manufacturers are committed to protecting workers, communities, and the environment, and effective chemical policy should support that goal by ensuring risk management requirements are targeted, practical, and tied to meaningful risk reduction,” said NAM Director of Chemicals, Materials and Sustainability Policy Reagan Giesenschlag. “Streamlining these rules will help avoid diverting resources from day-to-day safety operations and allow manufacturers to focus on actions that actually reduce risk.”