HOW DO I KNOW IF I HAVE TO RESUBMIT IN 2009?
Your five-year anniversary date was listed in the EPA's notification letter which was sent to you after you submitted your last RMP. For those facilities that are needing to update/resubmit this year, 2004 would have been when you last submitted your RMP.
WHAT DO I HAVE TO DO IF I NO LONGER USE, HANDLE OR STORE ONSITE A REGULATED SUBSTANCE ABOVE THE THRESHOLD QUANTITIES LISTED IN 40 CFR 355?
40 CFR 68.190(c) states that If a stationary source is no longer subject to this part.(i.e., no longer uses, handles or stores onsite a regulated substance above the threshold quantities listed in 40 CFR 355), the owner or operator shall submit a de-registration (notice) to EPA within six months indicating that the stationary source is no longer covered. Failure to de-register your facility with USEPA can be considered a violation of the RMP regulations. But more importantly, you must continue to comply with the RMP regulation and continue to implement your Facility?s RMP program until you receive confirmation from USEPA that your facility has been formally de-registered. Then USEPA will continue to track your facility for 15 years after your site is de-registered. ECM Services can ensure that your facility is properly de-registered with USEPA, along with any state or local agency de-registration notification, for as little as $300.
CAN I JUST RE-WORK MY 2004 REPORT AND RESUBMIT TO MEET THE 2009 REQUIREMENT?
NO. The 5-year update and resubmission requires a full review of all nine sections of your RMP. Once that task is done, you then update each section as determined to be appropriate from the review and then certify that the entire updated RMP is true, accurate and complete. Certifying that your 5-year update is "true, accurate and complete" when you have not reviewed and updated all sections of the RMP is a criminal offense punishable by fines that can be as much $25,000 per day.
WHAT HAS TO BE INCLUDED IN THE 2009 RMP REPORT?
In addition to updating your facility's RMP at least every five years, the rule also requires you to perform other recurring activities to ensure that your risk management program is current. These activities include, among other things, providing employee refresher training, performing compliance audits every 3 years, and updating your safety information, operating procedures, and maintenance procedures. These activities will require you to, at a minimum, do the following:
*Review your registration information and make any necessary corrections to ensure that it is up-to-date.
*Verify your latitude and longitude coordinates.
*Check whether the North American Industry Classification System (NAICS) code for your covered process(es) has changed.
*Review and update your offsite consequence analyses (OCA). In your OCA, use current data to estimate population.
*Update your 5-year accident history.
*Program 2 and Program 3, report the most recent dates of your prevention program activities in your resubmission.
*Report the dates of your most recent review of your emergency response program and most recent training in your resubmission.
*For Program 2, review and update your hazard review.
*For Program 3, update and revalidate your process hazard analysis (PHA).
*For Program 2 and Program 3 processes, verify that you have carried out any recurring prevention program implementation requirements.
*Verify that your facility is currently included in the community emergency response plan and;
*Review and update your procedures for notifying emergency responders in an emergency
WHAT IS DIFFERENT FOR 2009?
Beginning in 2009, EPA will provide new software called "RMP* eSubmit " for facilities to use for RMP reporting. RMPs must be submitted to EPA online using the RMP*eSubmit application, thereby making your facility's RMP 5-year update immediately available for public review.
EPA HAS ONLINE TOOLS THAT THEY SAY IS ALL I NEED TO PREPARE MY 2009 REPORT. WHY WOULD I NEED THE SERVICES OF ECM SERVICES?
There are two critical components mandatory for the successful development, revision and update of compliant RMPs:
1) Expertise on the regulated process; and
2 )RMP regulatory compliance management expertise.
We know that your staff are the experts on your regulated processes. ECM Services staff provides the RMP regulatory compliance management expertise that is critical for compliance.
EPA's RMP tools are only guidance and general in nature, and do not provide the detailed instruction needed for owners and operators to thoroughly understand the RMP Process or all the elements of RMP Regulatory Compliance and how to apply these elements to their facility's regulated processes.
ECM Services staff specialize in regulatory compliance management for industrial and commercial operations. We understand industrial and commercial processes as well as the engineering and chemistry involved. We know environmental regulations, including RMP regulations. We are experts in regulatory compliance management. We know how to evaluate an industrial process and how to develop environmental compliance management programs that not only minimize the facility's risk of non-compliance, but also compliment and promote the facility's manufacturing operations and goals.
WHY ECM SERVICES OVER ANOTHER CONSULTANT?
ECM Services possesses the demonstrated expertise, experience and resources to assist any regulated business in the development, review and update of their facility's RMP in a cost effective and resource efficient manner. We have successfully developed and implemented over 100 RMPs in the last 10 years, including several dozen for California facilities, where the California Accident Release Program (CalARP) regulations are the strictest in the nation. In addition, we have developed RMPs for an array of regulated industries, including bulk petroleum storage facilities; waste and water treatment plants; food processing facilities; chemical manufacturing facilities; and bulk chemical storage facilities.
Because we have developed and implemented so many RMPs over the years, we understand that the real work starts after the RMP is submitted to EPA when demonstrating compliance to your RMP program over the next 5 years. This ongoing effort includes 3-year compliance reviews, process change reviews and assessments, employee training and procedure reviews and updates.
To ensure that our RMP clients are able to maintain compliance with their RMPs, ECM Services has developed the RMP Compliance Management Tool. ECM Services' RMP Compliance Management Tool is a customized information management system application that guides the facility operator through the RMP implementation process while tracking and documenting the facility's RMP compliance efforts. The RMP Compliance Management Tool is only available to the regulated communities as part of our RMP 5-Year Review and Update Services.
HOW MUCH IS THIS GOING TO COST?
The average cost to prepare a 5-year RMP update and resubmittal ranges from approximately $3,000 - $5,000, depending on the type of RMP program (Program 1,2 or 3) and the number of regulated chemicals or processes at the facility.
The more RMP program documentation that is available and current, the less the level of effort to prepare and submit to the EPA your facility's 5-year RMP update before the 2009 deadline.
Because we have prepared so many RMPs and know the level of effort required, we can offer our services as a flat fee so there are no hidden costs. For ECM Services to determine the appropriate level of effort necessary to assist your facility in its 5-year RMP review and update mission, please complete our RMP Program Initial Review Form.
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