The Risk Management Program regulations (40 CFR Part 68) require facilities that use, manufacture and store particular hazardous chemicals above threshold quantities to submit a document to EPA summarizing the source's risk management program - called a risk management plan (or RMP).
The RMP is required to be updated and resubmitted at least every five years. Updates to an RMP is also required for a number of other reasons, including:
- No later than three years after a newly regulated substance is first listed by EPA
- No later than the date on which a new regulated substance is first present in an already covered process above a threshold quantity
- No later than the date on which a regulated substance is first present above a threshold quantity in a new process
- Within six months of a change that requires a process hazard analysis (PHA) or hazard review
- Within six months of a change that requires a revised offsite consequence analysis
- Within six months of a change that affects the Program level of a covered process
Corrections to an RMP must occur:
- Within six months of an accident that meets the five-year accident history criteria
- Within one month of a change of the emergency contact information
If you're not currently subject to the Risk Management Program but are considering a new process or change that will trigger applicability, keep in mind that the initial RMP submission must be made by the date on which a regulated substance is first present above a threshold quantity in a process. Also, if you're no longer subject to the Risk Management Program, then you must de-register within six months.
How does the RMP Reconsideration Rule affect RMP submission requirements? The RMP Reconsideration Rule became effective on December 19, 2019. The Reconsideration Rule rescinds requirements to report in the risk management plan any information associated with the rescinded provisions of third-party audits, incident investigation, safer technology and alternatives analysis, and information availability to the public (except that pertaining to certain public meeting requirements) and slightly modifies the required emergency response contact information. The revised RMP submission requirements apply to all new submissions or any updates made after December 19, 2024. For more details about the Reconsideration Rule, please review our article posted May 2020, “ Final RMP Reconsideration Rule Now in Effect.”
If you need help or have questions, please contact your local Trinity office.