The Environmental Protection Agency (EPA) has been progressively updating the Chemical Accident Prevention Provisions since 2017, a rule better known as the Risk Management Program (RMP). Notification exercises are due before December 19, 2024, and annually thereafter. Continue reading this article for more information on this emergency response requirement and EPA's updated RMP final rule.
The RMP rule applies to industrial properties with regulated substances at a threshold quantity determined by EPA. For example, anhydrous ammonia is regulated by EPA's RMP when used, stored, produced, or handled at 10,000 pounds or more.
Regulated industrial properties are defined as "stationary sources" under this rule. Here's the EPA's definition of "stationary source":
Outside of the prevention program that is similar to the Occupational Safety and Health Administration's (OSHA) Process Safety Management (PSM) elements, EPA has made Emergency Response its' own subpart that outlines applicability, coordination activities, programs, and exercises requirements. Neither OSHA nor EPA require employers/owners or operators of stationary sources to have an internal emergency response team. Emergency response planning is not optional, however.
To determine the response requirements for a specific process under this rule, the owner or operator must first decide the roles and responsibilities expected of their employees during an accidental release of a regulated substance:
For owners or operators expecting employees to be involved in the response of accidental releases of regulated toxic or flammable substances, the entirety of Subpart E applies. If employees will not be involved in emergency response, a program is not required, but coordination and notification exercises are. Here are the provisions for the exemption:
With this exemption for non-responding stationary sources, it is still required for annual emergency response coordination and notification exercises to be conducted. Annual notification exercises are due to be conducted before December 19, 2024.
Here is more information from the EPA on notification exercises:
As this article is being published on December 19, 2024, notification exercises are now past due if not conducted yet. Annual coordination with local response organizations has been a requirement for all stationary sources since 2018. Tabletop exercises are due for responding stationary sources before December 21, 2026, and at least once every three years thereafter. Lastly, field exercises are due for responding stationary sources before March 15, 2027, and at least once every 10 years thereafter, unless frequency is determined to be impractical and is documented in writing by local emergency response agencies.
The requirement for annual emergency response coordination is applicable to both responding and non-responding stationary sources. The EPA's RMP is specific about how coordination must be conducted. Here's what the rule says about coordination activities:
Unlike annual coordination, the RMP rule is not very specific about the requirements for how annual notification exercises must be conducted, aside from the mention that responding stationary sources may perform notification exercises as part of the tabletop and field exercises. All stationary sources must maintain written documentation of each notification exercise conducted over the past five years, starting before December 19, 2024.
If you are an employer or an employee at a responding stationary source, keep an eye on MySafety's COOLmunity blog, as we'll be posting more information about tabletop and field exercise requirements soon. In the meantime, refer to 40 CFR Part 68 Subpart E or reach out to us at info@mysafetyllc.com for site-specific support and process safety questions.
MySafety offers PSM/RMP services to help you keep your process COOL & SAFE! Proposals for services are customized based on process application, system capacities, and site location:
Process Hazard Analysis (What-if/Checklist, HAZOP)
Compliance Audits (OSHA PSM)
Third-Party Audits (EPA RMP)
Mechanical Integrity Inspections (ANSI/IIAR 6)
Existing System Gap Analysis (ANSI/IIAR 9)
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