Sources with the chemicals industry say they are again looking for fresh legislative avenues to reauthorize the Chemical Facility Anti-Terrorism Standards (CFATS) program after an amendment that would have added it to the annual defense authorization bill failed to reach the House floor.
September 16, 2026
A bipartisan amendment to the fiscal year 2025 National Defense Authorization Act (NDAA) that would have reauthorized the Department of Homeland Security’s (DHS) lapsed Chemical Facility Anti-Terrorism Standard (CFATS) has failed to reach the House floor, cutting off another avenue to revive the program almost a year after it expired.
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A coalition of Republican officials from 14 states has formally challenged EPA’s controversial update to the risk management program (RMP), signaling that they will argue the new rule’s mandate for facilities to assess and adopt “safer” technologies carries no clear benefits that would justify its compliance costs.
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EPA’s industry and Republican critics are warning of a wave of imminent litigation challenging the agency’s recently finalized risk management program (RMP) rule updates and seeking to block it from taking effect later this week, charging it exceeds the agency’s authority and places unnecessary burdens on covered facilities.
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Top officials at the Chemical Safety and Hazard Investigation Board (CSB) used the agency’s latest public business meeting to tout its recent progress on accident investigations, while previewing plans to make incident reports and related information more easily accessible to the public through improved online access and communication.
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Environmentalists and their allies say EPA’s recently finalized updates to its Risk Management Program (RMP) rule leaves out many measures they believe are necessary to ensure it covers all facilities at risk of accidental releases, in particular because the agency rejected calls to expand the list of chemicals whose use at a site triggers RMP requirements.
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House Republicans have introduced a Congressional Review Act (CRA) resolution that seeks to roll back EPA’s controversial rule tightening many aspects of its risk management program (RMP) for chemical facilities, teeing up a statutorily mandated vote on the repeal in the coming weeks.
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Industry groups and other supporters of the Chemical Facility Anti-Terrorism Standards (CFATS) program are urging lawmakers to reauthorize it as part of an emerging fiscal year 2024 appropriations package that could be finalized before the end of the month.
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EPA’s newly final Risk Management Program (RMP) update is facing criticism from all sides over its cost-benefit calculations, especially for novel mandates to consider climate impacts and safer technologies -- provisions that industry says will be unworkably expensive but which pro-regulatory advocates say carry even greater benefits than the rule assumes.
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EPA has finalized long-anticipated updates to the Risk Management Program (RMP), with several changes that aim to toughen the proposal issued in 2022 -- including a new mandate that a broader list of facilities now required to perform a safer technology alternatives analysis (STAA) adopt at least one of its recommendations, a win for environmentalists who argued that such upgrades should not be voluntary.
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