EPA has issued a memorandum to all Regional Administrators to establish EPA policy on the effect of the OSHA’s reinterpretation of the “retail exemption” under the Process Safety Management (PSM) standard. The RMP regulation contains a provision at section 68.190(b)(7) requiring facilities to revise and update risk management plans within six (6) months of a change that alters the Program level that applied to any covered process. In the General Guidance on Risk Management Programs for Chemical Accident Prevention (40 CFR Part 68), EPA explained that this provision applies in the event that OSHA eliminates a PSM exemption that previously applied. In this case, EPA is interpreting the RMP rule and General Guidance as requiring affected facilities to update RMPs to reflect compliance with the new program level within six (6) months of the end of OSHA’s enforcement delay.