In a recent training course, the EPA answered the “One Big Question”… (one that I have written about many times)
Does the facility rely on emergency responders to stop the release of the regulated substance(s)?
If the facility answers Yes, they are saying the local first responders will respond and stop the release. This means the facility is responsible for the following:
- Comply with 40 CFR 68.90
- Coordinate with local emergency planners and/or responders
- Answer only questions 9.1(a), 9.1(b), 9.7(a), 9.7(b), and 9.8 on the RMP
If the facility answers No, they are saying the facility has a trained HAZMAT team that will respond and stop the release. This means the facility is responsible for the following:
- Comply with 40 CFR 68.90 and 40 CFR 68.95
- Answer all questions in section 9 of the RMP
REMINDER: OSHA’s Emergency Action Plan (EAP) is NOT considered an Emergency Response Plan (ERP) under the Risk Management Program regulation.
Characteristics of a Non-Responding Facility