CNCounty News

Risk management rules may change

Image of West-Texas-explosion-1200x530.jpg

Proposed EPA rules would impact county emergency planning and water-wastewater treatment facilities 

When the April 2013 West, Texas fertilizer explosion killed 15 people and destroyed or damaged over 150 homes, safety practices at chemical facilities came under almost immediate scrutiny. Four months later, on Aug. 1, President Obama issued Executive Order 13650 — Improving Chemical Facility Safety and Security — which required federal agencies to tighten chemical security programs.

Subsequently, EPA has released proposed rules to tighten existing safety programs at chemical facilities that use chlorine, ammonia and various flammable chemicals. A number of industries are impacted by the proposal such as environmental quality programs, agricultural chemical distributors, utilities and water-wastewater treatment systems.

Local governments could be most affected on two fronts: First, as owners and operators of publicly owned water-wastewater treatment facilities, local governments would be regulated through new requirements on facilities. Second, since local governments often serve as the nation’s first line of defense before and after disasters strike, changes to emergency protocols would directly impact them. Under the new rule, regulated facilities would be required to consult individually with emergency managers on a yearly basis for notifications and tabletop exercises, and every five years for field exercises.

The proposed rule would expand local government responsibilities without providing funding to implement the more complex requirements. Added compliance costs were noted in joint comments on the proposed rule, Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act, filed by NACo, the National League of Cities and the U.S. Conference of Mayors on May 13.

 

NACo Needs Your Input

Even though the public comment period for the proposed rule is closed, NACo, along with the National League of Cities and U.S. Conference of Mayors, plans to meet with the White House’s Office of Information and Regulatory Affairs on cost implications of the proposed rule. NACo is interested in whether the proposed rule would impact your county. Specifically, ask your emergency manager whether the cost estimates listed in Slide No. 18 of the EPA presentation (see this article online for link to slide) are accurate for implementation. And, if not, why?

Some Things to Think About

• How many facilities within the county would be regulated under this proposal?

• If your emergency responders needed to be involved in each of these activities — notification and tabletop (annually) and field exercises (every five years) — would the emergency managers be able to comply with existing staff? If not, how many more staff would be needed?

• Estimated costs to comply (from an emergency manager perspective) with these rules?

 

Attachments

Related News

bike
Advocacy

NACo joins letters calling on Congress to support water infrastructure funding and reauthorization

In April, NACo, alongside coalition partners representing local governments and water groups, sent two letters to Congress highlighting the importance of sustained federal investment in water infrastructure for counties and communities nationwide.

1812264077
Advocacy

House passes the 2026 Farm Bill with key county priorities

On April 30, the House of Representatives passed the Farm, Food, and National Security Act of 2026 (H.R. 7567) by a vote of 224–200. 

bike
Advocacy

EPA announces new PFAS education initiative for water systems

On April 14, the U.S. Environmental Protection Agency (EPA) launched the PFAS OUT initiative to help water systems proactively tackle per- and polyfluoroalkyl substance (PFAS) contamination in drinking water. PFAS OUT is an outreach initiative that will connect water system managers with resources to better understand and tackle PFAS pollution ahead of upcoming regulatory deadlines.