Introduction

A Risk Management Plan (RMP) helps local fire, police, and emergency response personnel prepare for and respond to chemical emergencies. An accurate and updated RMP is crucial for chemical safety. But sometimes minor tweaks or even major changes to an RMP need to take place to ensure proper compliance. If you are someone who has submitted an RMP in the past, you may have noticed that the RMP*eSubmit homepage allows you to select First Time Submission, Correction, or Resubmission. This Fact File focuses on the last two options, correcting and resubmitting. Additionally, it touches on de-registering and withdrawing an RMP. It explains the difference between the four RMP options and why they might be needed.

Background

The RMP rule requires facilities that use specific hazardous substances to develop a Risk Management Plan. In the plan you must identify the potential effects of a chemical accident, steps the facility is taking to prevent an accident, and emergency response procedures if an accident happens. Many changes such as resubmitting or correcting an RMP happen in RMP*eSubmit. It is a web-based free tool created by EPA to facilitate electronic report submissions. RMP*eSubmit helps to significantly decrease errors in submissions through validations for data elements.

Resubmitting

A resubmission is an update of all nine sections of your RMP. If you are the owner or operator of an RMP-covered facility, EPA’s Chemical Accident Prevention regulations require that you fully update and resubmit your RMP at least once every five years. Resubmitting your RMP will re-set your five-year anniversary date. If you have previously submitted an RMP, your facility information will be pre-populated in RMP*eSubmit. You must fully update your RMP within six months of the following:

• If a change alters the Program Level that applies to any covered process.
• If a change requires a revised Off-site Consequence Analysis.
• If a change requires a revised process hazard analysis or hazard review.

The following additional changes would also require an update sooner than the five-year anniversary date:

• If a new regulated substance is present above the threshold quantity in an already covered process, the RMP must be resubmitted on the date which the new substance is present.
• If a regulated substance is present above the threshold quantity in a new process, the RMP must be resubmitted on the date which the substance is present above the threshold quantity.
• If EPA begins regulating a new substance, the RMP must be resubmitted within three years of the date the substance is first regulated.

Correcting

A correction should be used to report administrative or other changes at your facility. These could include changes in emergency contact information, facility address, or accident history. This does not require an update of your entire RMP. Submitting a corrected RMP does not change your five-year anniversary date. If your facility has not resubmitted an RMP by its anniversary date, you will not be able to make an RMP correction and will be required to resubmit your RMP. Know that for an RMP Correction, a chemical cannot be added. Only the Chemical Quantity listed in pounds can be updated.

De-registering

A common cause for de-registering a facility is if you replace the regulated substances in your process with unregulated ones. To de-register, submit a letter to the RMP Reporting Center. This must happen within six months. Include the effective date of the de-registration. The effective date is the date on which your facility was no longer covered by part 68. The letter must be signed by the owner or operator. It must include your RMP ID number. Note that if you de-register your facility and it later again is subject to the RMP regulation, you will resubmit an RMP following the resubmission process. You must use the original EPA Facility ID number to resubmit. It typically starts with 1000. Keep a record of your Facility ID number upon de-registering. If you have de-registered and do not have your Facility ID number, contact the RMP Reporting Center. You can find RMPs for de-registered facilities in the RMP database.

Withdrawing

If you submitted an RMP reporting only flammable substances that are used at your facility as fuel or held for sale as a fuel at a retail facility you may remove the RMP from the database because you never were subject to the RMP rule. Withdrawal means the RMP will be totally removed from the database. On the other hand, de-registered facilities remain in the database as non-current RMPs for fifteen years. To withdraw, you can write a letter or use the RMP Withdrawal Form. In the letter, include your:

• EPA facility ID number,
• Facility name and address as listed in the RMP,
• A signed statement that the chemical listed in the RMP is not subject to the RMP rule, and
• That the facility requests to withdraw its RMP

Applicable laws & regulations

40 CFR 68 – Chemical Accident Prevention Provisions

Related definitions

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

“Covered process” means a process that has a regulated substance present in more than a threshold quantity.

Key to remember

The idea of having to resubmit your RMP for going above a threshold quantity in a new or already covered process can be confusing if you don’t know common threshold quantities. The threshold quantities for toxics range from 500 to 20,000 pounds. For all listed flammables, the threshold quantity is 10,000 pounds. Many small businesses, for example handle propane, ammonia, and/or chlorine. Propane and anhydrous ammonia both have a threshold quantity of 10,000 pounds. Chlorine is much smaller, at 2,500 pounds.

Real world example

Failure to update required RMPs is a common violation. In September 2021, EPA issued a $1,200 penalty to a food manufacturer based out of Portland, Oregon for failure to update its risk management plan at least every five years as required. This might not seem like a huge fine, but there are certainly companies out there who have been fined significantly more. A coal-fired electrical power generating plant in Kapolei, Hawaii is one of those companies. The facility was fined $199,725 by the EPA. They violated RMP requirements during a January 2020 inspection. They had insufficient documentation, reporting, and proper labeling of the plant’s anhydrous ammonia system. No matter the size of the penalty, make sure you comply. The best way to avoid any fine is to update and resubmit your RMP like you should.