['Risk Management Program']
['Risk Management Program']
06/13/2024
Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
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(a) RMP availability. The RMP required under subpart G of this part shall be available to the public under 42 U.S.C. 7414(c) and 40 CFR part 1400.
(b) Public meetings. The owner or operator of a stationary source shall hold a public meeting to provide information required under §68.42(b), no later than 90 days after any RMP reportable accident at the stationary source with any known offsite impact specified in §68.42(a).
(c) Classified and restricted information. The disclosure of information classified or restricted by the Department of Defense or other Federal agencies or contractors of such agencies shall be controlled by applicable laws, regulations, or executive orders concerning the release of that classified or restricted information.
(d) Chemical hazard information. The owner or operator of a stationary source shall provide, upon request by any member of the public residing, working, or spending significant time within 6 miles of the fenceline of a stationary source, the following chemical hazard information for all regulated processes:
(1) Regulated substances information. Names of regulated substances held in a process;
(2) Safety Data Sheets. SDSs for all regulated substances located at the facility;
(3) Accident history information. Provide the five-year accident history information required to be reported under §68.42;
(4) Emergency response program. The following summary information concerning the stationary source's compliance with §68.10(f)(3) and the emergency response provisions of subpart E of this part as applicable:
(i) Whether the stationary source is a responding stationary source or a non-responding stationary source;
(ii) Name and phone number of local emergency response organizations with which the owner or operator last coordinated emergency response efforts, pursuant to §68.180; and
(iii) For stationary sources subject to §68.95, procedures for informing the public and local emergency response agencies about accidental releases;
(5) Exercises. A list of scheduled exercises, excluding dates, required under §68.96 occurring within one year from the date of request;
(6) LEPC contact information. Include LEPC name, phone number, and web address as available; and
(7) Declined recommendations and justifications. Include declined recommendations and justifications required under §§68.170(e)(7) and 68.175(e)(7) through (9).
(e) Languages. The information shall be made available in English or in at least any two other commonly spoken languages by the population potentially affected, as requested.
(f) Notification of availability of information. The owner or operator shall provide ongoing notification on a company website, social media platforms, or through other publicly accessible means that:
(1) Information specified in paragraph (d) of this section is available to the public residing, working, or spending significant time within 6 miles of the stationary source upon request. The notification shall:
(i) Specify the information elements, identified in paragraph (d) of this section, that can be requested; and
(ii) Provide instructions for how to request the information including verification of presence within 6-miles (e.g., email, mailing address, and/or telephone or website request); and
(2) Identify where to access information on community preparedness, if available, including shelter-in-place and evacuation procedures.
(g) Timeframe to provide requested information. The owner or operator shall provide the requested information under paragraph (d) of this section within 45 days of receiving a request.
(h) Recordkeeping. The owner or operator shall maintain a record of the members of the public requesting chemical hazard information for five years.
[82 FR 4704, Jan. 13, 2017; 84 FR 69916, Dec. 19, 2019; 89 FR 17692, Mar. 11, 2024]
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Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.