ABSTRACT

The deadly release of methyl isocyanate gas in Bhopal, India, in December 1984, followed soon thereafter by a release of aldicarb oxime from a facility in Institute, West Virginia, resulted in great public concern in the United States about the potential danger posed by major chemical accidents. This public concern was translated into law in Section 112(r) of the 1990 Clean Air Act Amendments, which sets forth a series of management-based requirements aimed at preventing and minimizing the consequences associated with accidental chemical releases. These requirements provide the statutory basis for EPA’s rule on Risk Management Programs for Chemical Accident Prevention (the RMP rule), a classic form of what Coglianese and Lazer (2003) have called management-based regulation.