This fact sheet summarizes the exercise requirements of the Emergency Response portion of a facility’s Program. It provides guidance for how a facility can comply with existing regulations and what emergency responders can expect from a facility.
How is a facility required to prepare for an emergency?
The regulations require companies that have listed substances above threshold quantities in a process to develop a Risk Management Program. A facility’s Program contains an Emergency Response element which includes who is expected to respond in the event of an emergency, their role, how they are going to be made aware of the emergency, and the equipment available to them. Activities such as training employees and inspecting and maintaining emergency response equipment are also essential to any successful accident response plan. The regulations require a facility to coordinate with community emergency responders. EPA has published guidance that goes into more detail and provides additional resources in Chapter 8 of the General Risk Management Program Guidance.
What are local emergency planning committees required to do under this rule?
Local responders have no requirements under the RMP regulations. The regulations do require subject facilities to provide information to response organizations. Local responders should have this information available to refine the community’s response planning.
How do companies follow the emergency response element requirements?
To comply with the regulations, a facility needs to develop an emergency program or procedures. These are often contained in one of two types of RMP emergency plans: one for responding facilities and one for non-responding facilities.
- A “Responding Facility” plans to respond to an emergency using its own personnel and equipment, even if those resources are supplemented by community resources and personnel. The Responding Facility is required to develop and implement an “Emergency Response Plan” (ERP) meeting the requirements at 40 CFR Section 68.95.
- A “Non-responding Facility” relies on community resources to react to an emergency, even if facility personnel advise responders during an emergency or the facility addresses incidental releases. The Non-responding Facility is required to meet the requirements at 40 CFR Section 68.90. Typically, an “Emergency Action Plan” (EAP) developed under the OSHA requirements at 29 CFR Section 1910.38 includes the notification mechanism required by the EPA’s accident prevention regulations.
An emergency plan needs to be maintained, updated, and exercised. Exercise requirements are different for responding and non-responding facilities. Both responding and non-responding facilities are required to annually perform a Notification Exercise. Responding facilities are also required to conduct Table-top and Field exercises.
Annual Notification Exercise
RMP facilities (responding and non-responding) are required to conduct annual Notification Exercises. This annual exercise tests the facility’s method for alerting responders and members of the public when an accident occurs. The purpose of a notification exercise is to ensure facility personnel understand how to initiate the facility’s notification system, verify that the emergency contact information is current, and confirm that critical information is being clearly communicated. Notification exercises can be completed as part of tabletop or field exercises, or as part of the preparation for tabletop or field exercises. The RMP emergency plan (EAP or ERP) is the guide for conducting the annual Notification Exercise. Notification Exercise Requirements are found at 40 CFR Section 68.96(a) and 40 CFR Section 68.95(a)(1)(i) for responding facilities and 40 CFR Section 68.90(b)(3) for non-responding facilities.
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