Risk Management Planning 

The intent of section 112(r) of the Clean Air Act is to prevent accidental releases to the air and mitigate the consequences of releases that do occur by focusing on prevention measures on chemicals that pose the greatest risk to the public and the environment. Under these requirements, industry has an obligation to prevent accidents and operate safely. The document that summarizes these requirements is called a Risk Management Plan (RMP). For details, please see the Accidental Release Reporting Requirements fact sheet

Any facility with more than the threshold quantity of a listed regulated substance in a single process is affected. A "process" is defined as "any activity involving a regulated substance, including any use, storage, manufacturing, handling or on-site movement of the substance or any combination of these activities. Any group of vessels that are interconnected, or separate vessels that are located in such a manner that a regulated substance potentially could be involved in a release, shall be considered a single process."

For assistance in determining whether vessels are considered a single process, Ohio EPA issued Risk Management Plan Co-Location Guidance of Non-Interconnected Regulated Substance Vessels. On Jan. 31, 1994, U.S. EPA promulgated the final list rule which established thresholds for 77 acutely toxic substances and 63 flammable gases and volatile liquids. The thresholds for toxic chemicals range from 500-20,000 pounds, while the threshold for all flammables is 10,000 pounds. Flammable fuels used as fuel or held for sale as fuel at a retail facility are removed from coverage by the Risk Management Plan (RMP) program.

U.S. EPA has received more than 15,000 plans nationwide. For Ohio, approximately 500 facilities have submitted plans to U.S. EPA. Types of facilities include:

  • Chemical manufacturers
  • Other manufacturers
  • Certain wholesalers and retailers
  • Drinking water systems
  • Wastewater treatment works
  • Ammonia refrigeration systems
  • Utilities
  • Federal facilities

Facilities that are not subject to RMP regulations are still covered by the General Duty Clause. The General Duty Clause applies to any stationary source producing, process, handling, or storing regulated substances or other extremely hazardous substances (EHS). EHSs are any chemical listed in 40 CFR Part 68, or any other chemical which may as a result of short-term exposures because of releases to the air cause death, injury or property damage due to their toxicity, reactivity, flammability, volatility or corrosivity. 

Send questions concerning this program to Sherri Swihart.

 

An offsite consequence analysis that evaluates potential release scenarios:

  • A five-year history of accidental releases of regulated substances
  • A prevention program to manage risk
  • An emergency response program
  • An overall management system to supervise the implementation
  • A Risk Management Plan (RMP) that summaries these activities

Ohio EPA Summary of the Accidental Release Prevention Requirements [PDF]

Ohio EPA Division of Air Pollution Control is the implementing agency for the Risk Management Plan program. This means that Ohio EPA will audit subject facilities instead of U.S. EPA Region 5. Below are the Ohio EPA on-site audit checklists.


Send questions concerning this program to Sherri Swihart

How to Submit Your RMP

  1. Be sure to check your anniversary date so you’re not late resubmitting your Risk Management Plan (RMP). Email Sheri Swihart if you are unsure about your five-year anniversary date.
  2. Update the population data by using the new census data: http://mcdc.missouri.edu/websas/caps10c.html
  3. Don’t forget to de-register when you no longer need to be in the RMP Program. Go to: https://www.epa.gov/rmp/resubmitting-correcting-de-registering-or-withdrawing-risk-management-plan#deregistering and complete the forms.  Submit them to the Ohio EPA, RMP Program and to the U.S. EPA reporting center at: RMP Reporting Center, P.O. Box 10162, Fairfax, VA, 22033.

If you have any questions contact Sherri Swihart at (614) 644-3594.


U.S. EPA requires facilities to submit their RMP electronically through RMP*eSubmit.

RMP Reporting Center
P.O. Box 10162
Fairfax, VA  22038
Phone: (703) 227-7650

A copy of your RMP, either hard copy or on disk, must also be mailed to:
Ohio EPA/DAPC
Attn: Sherri Swihart
Lazarus Government Center
P.O. Box 1049
Columbus, OH 43216-1049
Or you can email the RMP to Sherri Swihart


RMP*eSubmit is available

RMP*eSubmit provides the capability to submit your RMPs online via U.S. EPA's secure website which manages thousands of data submissions from states and industry.

It is important to update your Process Hazard Analysis (PHA) and RMP audit dates in the 'Prevention Program' section of the RMP. RMP*eSubmit will provide a warning message for PHAs not updated in five years and audits not conducted every three years. 

The latest RMP that your facility submitted will be available on RMP*eSubmit.

Facilities will be required to complete an Electronic Signature Agreement (ESA). Although the CDX account is created immediately, it will take approximately three days to activate the account.

Facilities have the option of submitting their RMP early to restart the anniversary date. You need to mark the submission as a 'Resubmission' in the drop down box to restart the five-year clock.  

Five-year Updates

How to determine your five-year anniversary date:

If you submitted your initial RMP after June 21, 1999, or have resubmitted since your initial submission, the five-year anniversary date is calculated as five years from the postmark date of your latest submission.

U.S. EPA developed "A Checklist for Resubmitting Your Risk Management Plan (RMP) for Chemical Accidental Prevention."

You may receive RMP program updates from U.S. EPA by email through their listserv. To subscribe, send an email to: lyris@lists.epa.gov. Include the words: "subscribe EPA-CEPP your_name" in the body of the message. Replace "your_name" with your first and last names.  

Rule Change

Executive Order on Improving Chemical Facility Safety and Security (EO 13650 August 2013) required the federal government to:

  • improve operational coordination with state and local partners;
  • enhance Federal agency coordination and information sharing;
  • modernize policies, regulations and standards; and
  • work with stakeholders to identify best practices.

U.S. EPA amended the regulations to address EO 13650. The effective date for the final rule has been delayed until Feb. 19, 2019 to evaluate recently submitted petitions and take further regulatory action.

Ohio EPA's fees for the Accidental Release Prevention program are meant to reflect the amount of time that would be required to audit the Risk Management Plan (RMP) and/or inspect the facility. These are annual fees and are based on the regulated substances listed in the RMP. Facilities are required to pay an annual $50 registration fee plus the following additional fees:

  • $65 for propane, if it is the only regulated substance on-site
  • $65 for anhydrous ammonia sold for use as an agricultural ingredient
  • $200 for all other regulated substances

However, if you are an independent business owner employing fewer than 100 full-time employees, then your facility may be exempt from 112(r) fees. Please contact the Small Business Assistance Program at (614) 644-3469 for clarification of this definition.

Invoices are mailed out in August with a due date of Sept. 1 of the same year.

Send questions concerning this program to Sherri Swihart.

Compliance Tools

This page provides tools to help facilities comply with the record-keeping requirements of the Risk Management Plan (RMP) program. Materials will be posted as they become available. Please note that many of these guidance documents may need to be modified to best suit your facility's prevention program.

 


Management System

RMProgram Organization - Owners or operators of facilities with Program Level 2 or 3 processes are required to develop a management system for implementing individual Risk Management Plan (RMP) elements.
 

Hazard Analysis/Process Hazard Analysis

Agricultural retail hazard analysis checklist [PDF] - Assists owners and operators of agricultural retail facilities with anhydrous ammonia tanks in complying with the requirements of OAC 3745-104-18. 

Facility siting checklist [PDF] - Assists owners and operators of all types of facilities in complying with the requirements of OAC 3745-104-25(C)(5).

Human factors checklist [PDF] - Assists owners and operators of all types of facilities in complying with the requirements of OAC 3745-104-(C)(6).  

Simple revalidation checklist [PDF] - Assists owners and operators in their revalidation for their process hazard analysis.

 

 

Operating Procedures

Operating Procedure Certification [PDF] - Owners or operators of facilities with Program Level 3 processes are required to certify annually that the operating procedures are current and accurate. This document may also assist facilities with Program Level 2 processes for documenting that the operating procedures are updated as required.
 

Training

Operator Certification Form [PDF] - Owners or operators of facilities with either Program Level 2 or 3 processes are required to certify that employees already operating a process on or before June 21, 1999, has the required knowledge, skills and abilities to safely carry out the duties and responsibilities, as provided in the operating procedures.

Training Record [PDF] - Owners or operators of facilities with Program Level 3 processes are required to document training for employees involved in operating the process. This form will also assist facilities with Program Level 2 processes in training documentation.

 

 

Management of Change

Management of Change Form [PDF] - Owners or operators of facilities with Program Level 3 processes are required to establish and implement written procedures to manage changes, except for "replacements in kind," to process chemicals, technology, equipment and procedures.
 

Pre-startup Review

Pre-startup Safety Review Form [PDF] - Required for Program Level 3 processes if a modification is significant enough to require a change in the process safety information.
 

Compliance Audit

Every three years, the owner or operator of a facility with either Program Level 2 or 3 processes is required to conduct an audit to determine compliance with the Risk Management Plan (RMP) program elements.

Program Level 2 Compliance Audit Checklist [PDF] 

Program Level 3 Compliance Audit Checklist [PDF]

 

 

Incident Investigation

Incident Investigation Summary [PDF] - Owners or operators of facilities with either Program Level 2 or 3 processes are required to investigate each incident which resulted in, or could reasonably have resulted in, a catastrophic release.
 

Employee Participation

RMP Program Involvement [PDF] - An example of a written plan of action for employee participation required by owners or operators of facilities with Program Level 3 processes.
 

Contractors

Contractor Selection and Evaluation Form [PDF] - The owner or operator of a facility with Program Level 3 processes, prior to selecting a contractor, is required to obtain and evaluate information regarding the contractor's safety performance and programs. Furthermore, the owner or operator is obligated to periodically evaluate the performance of the contractor.
 

Water and Wastewater Treatment Plants (Industry Specific Guidance)

The following materials will assist treatment plants with complying with the prevention program requirements.  Please note that these are examples only and must be modified for your specific chlorination process.


Process safety information:

Process safety information written program [PDF]

Upper and lower operating parameters for chlorination processes [PDF]

Block flow diagram for chlorination processes [PDF]

Block flow diagram with operating parameters [PDF]

Ventilation system design calculation example [PDF]

Chlorine piping and instrument diagram [PDF]

Chlorine safety systems [PDF]

Process hazard analysis (PHA): Conduct a brainstorming session with operators and maintenance personnel. This is required every five years.

Example PHA with What-If Questions [PDF]

The brainstorming session will result in recommendations to make the process safer.

Example recommendations from PHA [PDF]

Operating procedures: Operating procedures are required to be certified annually. Procedures are required for each operating phase of the process.

Sample process startup and shutdown procedures [PDF]

Management of Change (MOC): Use this procedure and form whenever the chlorination process is modified that is NOT replacement-in-kind. For example, installing an automatic switch-over for a chlorination process that was originally a manual switch-over.

Management of change for treatment plants [PDF]

Pre-startup Safety Review: A review should be conducted whenever an MOC has been completed and the change requires the process safety information be updated.

Pre-startup safety review for treatment plants [PDF]

Incident Investigation: An incident investigation is required to be conducted for releases of Risk Management Plan (RMP) regulated substances or incidents that could have reasonably resulted in a release.

Incident investigation procedures and form [PDF]

Employee Participation Plan: A written program on how the plant provides information regarding the RMP prevention program elements to their employees.

Employee participation plan [PDF]

Contractors: This procedure should be used for any contractors (including hoist and scale inspectors) that conduct work on or around the chlorination process.

Contractors [PDF]

 

 

Send questions concerning this program to Sherri Swihart or Kim Joseph.

U.S. EPA Guidance Documents

U.S. EPA has issued numerous guidance documents to assist facility owner and operators in complying with the Risk Management Plan (RMP) program. Guidance documents are available specific to propane retailers, water and wastewater treatment plants, warehouses, anhydrous ammonia refrigeration and anhydrous ammonia retailers. A complete list is available at https://www.epa.gov/rmp/guidance-facilities-risk-management-programs-rmp.

U.S. EPA Regulations

Ohio EPA's Ohio Administrative Code (OAC) 3745-104 is essentially the same as U.S. EPA's regulations. A complete list of 40 Code of Federal Regulations (CFR) 68 rules and amendments is available at https://www.epa.gov/rmp/risk-management-plan-rmp-rule-overview.

Send questions concerning this program to Sherri Swihart.

 

Senate Bill 880 (Chemical Safety Information, Site Security and Fuels Regulatory Relief Act) was signed by President Clinton on Aug. 5, 1999. This legislation has two distinct parts that pertain to flammable fuels and public access to data.

Flammable fuels

Flammable fuels used as fuel or held for sale as fuel at a retail facility are removed from coverage by the Risk Management Plan (RMP) program. However, flammable fuels used as feedstock or held for sale as fuel at a wholesale facility are still covered. A retail facility is a facility defined "at which more than one-half of the income is obtained from direct sales to end users or at which more than one-half of the fuel sold, by volume, is sold through a cylinder exchange program." Refer to 40 CFR Part 68, Amendments to the List of Regulated Substances and Thresholds for Accidental Release Prevention; Flammable Substances Used as Fuel or Held for Sale as Fuel at Retail Facilities.

Public access to Offsite Consequence Analysis (OCA) data

U.S. EPA and the U.S. Department of Justice (DOJ) issued the final regulation Public Distribution of Offsite Consequence Analysis (OCA) Information on Aug. 4, 2000. The regulation provides the public with read-only access to paper copies of OCA data through (at least) 50 federal reading rooms to be established through the United States. In addition, any person will be able to view OCA information for any facilities located within the jurisdiction of the Local Emergency Planning Committee (LEPC) in which the person lives or works, or for any facilities with a vulnerability zone extending into that LEPC's jurisdiction.