RMP Applicability and Requirements – Encamp

In August 2022, the Environmental Protection Agency (EPA) published updated regulations and guidance on the Risk Management Plan (RMP) requirements under the Clean Air Act Section 112(r). The RMP program aims to prevent and mitigate chemical accidents that may threaten public health and the environment.

This article summarizes the RMP requirements and provides examples to help facilities determine when an RMP is or isn't required.

It is important to note that the RMP requirement is distinct from the Tier II reporting requirement - some facilities that are subject to Tier II reporting may also be subject to the RMP requirement, while others may not be. Facilities that are subject to the RMP requirement are issued an ID from the EPA, which is typically included in the Tier II report.

Helpful definitions:

"Regulated Substance": A chemical listed in the RMP rule's List of Regulated Substances, 40 CFR 68.130, due to its potential to cause significant harm to public health and the environment.

"Threshold Quantity (TQ)": The minimum amount of a regulated substance within a single process that triggers RMP requirements. TQs vary depending on the chemical's hazard category.

"Process": Any activity involving a regulated substance, including any use, storage, manufacturing, handling, or on-site movement of such substances, or a combination of these activities.

RMP Applicability

The RMP rule applies to facilities that produce, handle, process, distribute, or store certain chemicals in quantities that exceed specific thresholds within a single process. These chemicals are classified as either toxic, flammable, or reactive.

Generally, to determine if your facility requires an RMP, follow these steps:

Identify all regulated substances at your facility.

Determine the maximum quantity of each regulated substance present within a single process at any one time.

Compare the maximum quantity in a single process to the TQ for each regulated substance.

If the maximum quantity of any regulated substance within a single process exceeds its TQ, the facility must develop and implement an RMP.

More detailed guidance, including a more extended discussion and definition of a "process" as well as any exemptions, can be found in Chapter 1 of EPA's guidance manual.

RMP Requirements

Facilities subject to the RMP rule must:

Develop and maintain an up-to-date RMP, which includes:

A hazard assessment,

A prevention program, and

An emergency response program

Submit the RMP to the EPA at least once every five years, or whenever significant changes are made to the facility or its processes.

Coordinate with local emergency response agencies to ensure proper communication and preparedness in the event of an accident.

Examples

Example 1: RMP Required

A chemical manufacturing facility has a single process that involves 20,000 pounds of chlorine (a toxic substance), which exceeds the TQ of 2,500 pounds. In this case, the facility must develop and implement an RMP.

Example 2: RMP Not Required

A small paint factory has multiple processes, each storing 2,000 pounds of toluene (a flammable substance). The combined total on-site storage is 10,000 pounds, but no single process exceeds the TQ of 10,000 pounds. In this situation, an RMP is not required.

Example 3: RMP Required for One Substance, Not Required for Another

A water treatment plant has one process with 3,000 pounds of chlorine (exceeding its TQ of 2,500 pounds) and another process with 9,000 pounds of sulfur dioxide (below its TQ of 10,000 pounds). The facility must develop an RMP for the chlorine process but not for the sulfur dioxide process.

Conclusion

Understanding the RMP requirements is essential for facilities that handle, store, or process hazardous chemicals within a single process. It is crucial to identify regulated substances, determine their maximum quantities within a process, and assess whether an RMP is necessary. If your facility is subject to the RMP rule, ensure proper compliance by developing and maintaining an up-to-date RMP, submitting it to the EPA, and coordinating with local emergency response agencies.