On February 27, 2024, US EPA Administrator Michael S. Regan signed the Safer Communities by Chemical Accident Prevention rule, codified at 40 CFR Part 68, which finalizes revisions to the Risk Management Program (RMP). This update represents a significant revision to a major federal chemical accident prevention regulation.

To help facility owners and operators understand and comply with the new RMP requirements, Farley & Partners LLP and ioMosaic Corporation are hosting an invitation-only half-day workshop in Houston, Texas to learn practical strategies for implementing Recognized and Generally Accepted Good Engineering Practices (RAGAGEP) under the new EPA RMP Rule. The workshop is scheduled for June 18, 2024, 8:30 AM - 11:30 AM Central.

On February 27, 2024, US EPA Administrator Michael S. Regan signed the Safer Communities by Chemical Accident Prevention rule, codified at 40 CFR Part 68, which finalizes revisions to the Risk Management Program (RMP). This update represents a significant revision to a major federal chemical accident prevention regulation. The EPA officially published this new rule on March 11, 2024 and it takes effect on May 11, 2024.

To help facility owners and operators understand and comply with the new RMP requirements, Farley & Partners LLP and AcuTech Consulting Group are planning a series of free webinars to provide additional insight and advice on the rule starting with an overview of key aspects and challenges, followed by future sessions on details of specific elements. Firm Managing Partner Mark Farley and AcuTech President and CEO David Moore will be the co-presenters.

Partner Mark Farley will speak on Thursday, May 16, at 1:30 PM during the AFPM 2024 National Occupational & Process Safety Conference & Exhibition in San Antonio, Texas. Farley and his team are representing a shipper who is a participating party in the National Transportation Safety Board (NTSB) investigation into the derailment of Norfolk Southern Railway train 32N in East Palestine, Ohio on February 3, 2023.

Managing Partner Mark Farley recently was asked for his perspective on the response to the February 3, 2023, train derailment in East Palestine, Ohio. (“Norfolk Southern Derailment Exacerbated By Poor Comms,” By Juan Carlos Rodriguez, Law360 (February 23, 2023, 10:59 PM EST). The derailed equipment included 11 tank cars carrying hazardous materials that subsequently ignited, fueling fires. Concerns about health and environmental impacts have driven an unprecedented level of scrutiny.

Asked about the effectiveness of the response, Farley explained that "First and foremost, rebuilding trust is a critical element of the effective response to a major accident," he said. "The accident itself represents a significant breach of trust of what I call a 'societal license to operate.' And a major accident such as a fire or an explosion or a toxic release, or in this case a derailment, can call into question whether or not a company can be trusted to operate safely after an incident."

Partner Devon Downs is again hosting two California Process Safety Management (PSM) Seminars. Jovic Tirona, P.E. (California's Acting-Statewide Program Manager, Cal/OSHA PSM Unit) will participate in both sessions. Tirona will discuss recent Cal/OSHA enforcement, industry recognized and generally accepted good engineering practices (RAGAGEP) and other developments under California's refinery PSM standard (5189.1). In addition to the discussion led by Tirona, firm attorneys will make presentations on pressure relief device RAGAGEP, incident response, developments at the U.S. Chemical Safety Board (CSB), and the US Environmental Protection Agency (EPA) Risk Management Program (RMP) enforcement.

Partner Devon Downs will be the keynote speaker at ioMosaic’s 17th Annual Global Software Users Group Meeting on January 30 and 31, 2023. Downs will discuss the legal issues associated with pressure relief devices (PRD) in the context of recognized and generally accepted engineering practices (RAGAGEP). Her presentation also will discuss recent OSHA and EPA enforcement trends and offer practical advice on managing agency inspections of PRD RAGAGEP compliance.

The Texas Division of Emergency Management (“TDEM”) has invited Partner Mark Farley to serve on the faculty for TDEM’s inaugural Emergency Management Academy in San Antonio, Texas.

The firm's donation supports Career Gear Houston’s efforts to help men recently released from incarceration find gainful employment and reclaim their lives. Among the firm's core values is giving back to the community and supporting those in need. 2022 is the third-year that the firm has served as a corporate sponsor of this local non-profit organization.

Farley & Partners was lauded by Chambers and Partners in its USA 2022 guide. Chambers specifically recognized the accomplishments of partners Mark Farley and Devon Downs in major incident response.

On June 7, 2022, Partner Mark Farley will present at the Texas Chemical Council's 34th Annual Environmental Health and Safety Seminar on "Common Process Safety Issues from Major Industrial Accidents." Farley has worked with clients on the response to and investigation of some of the largest industrial incidents in the United States.

Partner Devon Downs is again hosting two California Process Safety Management (PSM) Seminars. Clyde Trombettas (California's Statewide Program Manager, Cal/OSHA PSM Unit) will participate in both sessions. Trombettas will discuss recent Cal/OSHA enforcement, industry recognized and generally accepted good engineering practices (RAGAGEP) and other developments under California's refinery PSM standard (5189.1). In addition to the discussion led by Trombettas, firm attorneys will make presentations on inspection RAGAGEP, incident response, developments at the U.S. Chemical Safety Board (CSB), and the US Environmental Protection Agency (EPA) Risk Management Program (RMP) enforcement.

Partner Mark L. Farley will address the AFPM 2022 National Occupational & Process Safety Conference & Exhibition in San Antonio, Texas on May 11 – 12, 2022. Farley’s presentation -- Inspection RAGAGEP and Retro-PMI: The Government's Evolving View – will discuss the regulatory requirements for mechanical integrity inspections.

Farley serves as incident response counsel to some of the largest refiners and chemical manufacturers in the United States. He also defends companies against allegations by U.S. EPA and federal Occupational Safety and Health Administration in the context of post-incident enforcement.

Firm partners Mark Farley, Jeff Haffner, and Devon Downs will address the American Fuel & Petrochemical Manufacturers (AFPM) General Counsel Forum and discuss Major Incident Response in the mid-stream energy industry sector, including investigations by NTSB into pipeline releases.

Farley & Partners, along with two its partners, recently receiving recognition from Chambers and Partners. The firm received its inaugural ranking in the USA 2021 guide. Partner Mark Farley remains ranked in Texas – Environment. Partner Devon Downs is newly recognized by Chambers.

On June 9, 2021, Partner Mark Farley will present at the Texas Chemical Council's 33rd Annual Environmental Health and Safety Seminar on "Common Process Safety Issues from Major Industrial Accidents." Farley has worked with clients on the response to and investigation of some of the largest industrial incidents in the United States.

Farley & Partners routinely work with clients in connection with investigations by the Chemical Safety Board (CSB). Partner Mark Farley has directed the response to more CSB deployments than any other attorney in the United States.

Recently, we have seen an apparent effort by the CSB to respond to a long-standing criticism of the agency—its relatively limited number of investigations. In a Bloomberg Law article, Partners Mark Farley and Devon Downs attorneys discuss key issues companies should consider as the frequency of these limited scope investigations increase.