This act temporarily prohibits the EPA from revising or replacing the existing Clean Air Act risk management program rule for chemical accident prevention until January 20, 2029.
Nanette Barragán
Representative
CA-44
This Act temporarily freezes the Environmental Protection Agency's (EPA) ability to revise or replace the existing "Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act, Safer Communities by Chemical Accident Prevention" rule. This restriction on EPA action remains in effect until January 20, 2029.
The so-called Chemical Disaster Prevention Act is short, but it packs a punch—specifically, it puts the brakes on the Environmental Protection Agency (EPA) for the next five years regarding one very important safety rule. This bill, if passed, would prohibit the EPA Administrator from taking any action to reconsider, revise, or replace the existing rule titled “Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act, Safer Communities by Chemical Accident Prevention.” This freeze is set in stone until January 20, 2029, regardless of what any other law might say.
Think of the EPA’s Risk Management Program (RMP) as the rulebook for facilities that handle extremely hazardous chemicals—like refineries, manufacturers, or water treatment plants. It’s designed to prevent catastrophic accidents, like explosions or toxic gas releases, that could harm workers and surrounding communities. When the EPA revises this rule, they are typically updating safety standards based on new science, lessons learned from past accidents, or emerging chemical risks. By explicitly barring the EPA from touching this rule until 2029 (Section 2), this bill essentially freezes chemical safety standards in place for the next half-decade.
For the chemical industry and other regulated facilities, this offers a huge dose of regulatory certainty. They know the rules aren't going to change for years, which simplifies planning and compliance budgets. However, for the millions of people who live, work, or go to school near one of the thousands of facilities covered by the RMP—this is a major concern. If new, more effective safety measures are developed between now and 2029, the EPA is legally prevented from requiring those facilities to adopt them. If a major incident occurs and exposes a flaw in the current rules, the agency’s hands are tied when it comes to fixing that flaw quickly.
Consider a community near a plant that uses highly volatile chemicals. If new research shows that the current standards for buffer zones or emergency response plans are inadequate, the EPA cannot mandate stronger protections until 2029. This legislative action supersedes the agency’s ability to respond to evolving threats or scientific understanding, prioritizing regulatory stability over the immediate need for updated public safety measures. It’s a legislative override of the EPA’s core mission to protect public health and the environment from chemical hazards.