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The Environmental Protection Agency’s Risk Management Plan rule (RMP), which is intended to reduce the risk of accidental hazardous substance releases, will mark its fifth anniversary in 2004 by requiring all facilities that submitted plans in 1999 to resubmit updated plans by June 21. Those facilities that have not yet submitted an RMP but meet the rule’s requirements will need to submit a complete plan to the Environmental Protection Agency (EPA) right away.
Bill Stevenson, editor-in-chief of Funworld magazine, asked Zephyr Environmental Corp.’s Elena Rivera to clarify issues surrounding the RMP.
FW: How do I submit an RMP to the EPA?
Zephyr: Once a facility has developed a Risk Management Plan or an RMP update for its RMP-covered processes—including the hazard assessment, five-year accident history, prevention program, emergency response program, management program, etc.—it can use RMP*Submit, a free software program provided by EPA, to enter specific information from their RMP plan. The data file created using the software should be saved on a disk and mailed to EPA along with a signed certification.
FW: Where can I see the OSHA Process Safety Management (PSM)?
Zephyr: The OSHA PSM Standard (29 CFR 1910.119) can be accessed on OSHA’s web site at www.osha.gov/pls/ oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9760.
FW: Where can I get the EPA RMP?
Zephyr: To access EPA’s Risk Management Plan rule (40 CFR Part 68), go to http://ecfr.gpoaccess.gov/cgi/t/text/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/ 40tab_02.tpl and click on “64-71,” then on part 68.
FW: Is there more information on the three program levels that might be useful to our readers?
Zephyr: RMP-covered process is eligible for Program 1 requirements if:
• For the five years prior to the submission of an RMP, the process has not had an accidental release of a regulated substance resulting in off-site deaths or injuries, nor off-site response or restoration activities for an exposure affecting an environmental receptor.
• The distance to a toxic or flammable endpoint for a worst-case release assessment is less than the distance to any public receptor; and
• Emergency response procedures have been coordinated between the stationary source and local emergency planning and response organizations.
• An RMP-covered process is subject to Program 2 requirements if it does not meet the eligibility requirements of either Program 1 or Program 3.
• An RMP-covered process is subject to Program 3 if the process does not meet the requirements of Program 1, and the process is in NAICS code 32211, 32411, 32511, 325181, 325188, 325192, 325199, 325211, 325311, or 32532; or the process is subject to the OSHA PSM Standard.
FW: How does someone develop a risk management program?
Zephyr: In a nutshell, an RMP entails an applicability and program level determination for each process, compiling a five-year accident history, a hazard assessment (e.g., off-site consequence analysis, etc.) for each process, developing a prevention program (includes, but is not limited to, operating procedures, training program, management of change, pre-start-up safety review, contractors, hot work, compliance audits, etc.), developing an emergency response program, and an RMP management system. The RMP must then be implemented and specific elements of the program must be reported to EPA using the RMP*Submit software program. In addition to the five-year updates, other actions could trigger the requirement for submitting RMP updates at an earlier date, and other actions may trigger submittal of a “correction” to the RMP plan.
FW: How do I get a regulator audit conducted?
Zephyr: Facilities with Program Level 2 and/or 3 processes must audit their RMP programs at least every three years and keep a written record of said compliance audit. This is an internal audit conducted by the company or by an outside party (e.g., a consultant). However, state agencies or EPA regional offices have the flexibility to identify facilities for RMP audits. Note that by law all PHAs, PHA revalidations or updates, including documented resolution of recommendations that arise from PHAs, must be kept for the life of the process.
The EPA expects to finalize its revisions to the rule in time for the June 21st resubmission deadline. Information here was supplied by Zephyr Environmental Corporation. For further details, please see their web site at www.zephyrenv.com.
