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 respond to an emergency, even if facility personnel advise responders during an emergency or address incidental releases. The Non-responding Facility is required to comply with the requirements in 40 CFR Section 68.90. Typically, an “Emergency Action Plan” (EAP) developed under the OSHA requirements at 29 CFR 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 differ between responding and non-responding facilities. Both responding and non-responding facilities are required to conduct a Notification Exercise annually. Responding facilities are also required to conduct Table-top and Field exercises.