Breaking down EPA’s new Emergency Response requirements for RMP facilities

EPA recently updated their Risk Management Plan (RMP) rule in several key areas: 1) accident prevention program requirements, 2) emergency response requirements, and 3) improvements to the public availability of chemical hazard information. In this article, I will break down the NEW Emergency Response requirements and some serious barriers to fully complying with these new requirements. I FULLY support ALL these revisions; however, having been advising my clients to do ALL of these actions for the past 13 years I can say that the vast majority of local Fire Departments (FD), Emergency Management Director, and LEPCs do not have the resources to help all of these Program 2 and 3 facilities meets these compliance requirements. Here are the new requirements…

Requirement #1 – ANNUAL Meeting with Local FD and/or EMA/LEPC

Owners or operators of facilities with Program 2 or 3 processes are NOW REQUIRED to coordinate with the local emergency response agencies at least ONCE A YEAR to determine how the source is addressed in the community emergency response plan and to ensure that local response organizations are aware of:

the regulated substances at the source,
their quantities,
the risks presented by covered processes, and
the resources and capabilities at the facility to respond to an accidental release of a regulated substance

This new requires coordination to occur at least annually, and more frequently if necessary, to address changes at the source, in the source’s emergency response and/or emergency action plans, and/or in the local community emergency response plan. Section 68.93(b) requires coordination to include providing to the local emergency planning and response organizations:

the facility’s emergency response plan if one exists,
emergency action plan,
updated emergency contact information, and
any other information that local emergency response planning and response organizations identify as relevant to local emergency planning.

For responding stationary sources, § 68.93(b) also requires coordination to include consulting with local emergency response officials to establish appropriate schedules and plans for field and tabletop exercises required under § 68.96(b).

Lastly, § 68.93(b) require the owner or operator to request an opportunity to meet with the LEPC (or equivalent) and/or local fire department as appropriate to review and discuss these materials.

Section 68.93(c) adopts as proposed the coordination documentation provisions without revision. Under § 68.93(c), the owner or operator is required to document coordination with local authorities, including:

the names of individuals involved in coordination and their contact information,
dates of coordination activities, and
the nature of coordination activities.

Release notification procedures are now required to include procedures to notify Federal and state emergency response agencies, in addition to public and local emergency response agencies. The final rule requires the owner or operator to review and update the emergency response plan as appropriate based on changes at the source or new information obtained from coordination activities, emergency response exercises, incident investigations, or other available information, and ensure that employees are informed of the changes.

Requirement #2 – ANNUAL Notification Exercises

Facilities with Program 2 or 3 processes are NOW REQUIRED to conduct notification exercises ANNUALLY to ensure that their emergency contact information is accurate and complete. This would include contacting the Federal, Tribal, state, and local public emergency response authorities and other external responders that would respond to accidental releases at the source. EPA expects the notification exercise will involve testing of on-site notification equipment and procedures, including contacting each entity listed on the facility’s notification list to verify the contact information and identify that the facility is conducting a notification exercise.

NOTE: exercises conducted to meet other Federal, state, or local exercise requirements will also satisfy the requirements of this rule, provided such exercises meet all of the applicable requirements of the RMP exercise provision.

This provision is intended to reduce the impact of accidents by ensuring that appropriate mechanisms and processes are in place to notify local responders when an accident occurs. One of the factors that can contribute to the severity of chemical accidents is a lack of effective coordination between a facility and local emergency responders. Increasing such coordination and establishing appropriate emergency response procedures can help reduce the effects of accidents.

Requirement #3 – Emergency response exercises

Facilities subject to the emergency response program requirements of subpart E of the rule (or “responding facilities”) are now REQUIRED to conduct FIELD EXERCISES and TABLETOP EXERCISES. The frequency of these exercises shall be established in consultation with local emergency response officials, but at a MINIMUM,

FULL field exercises will be conducted at least once every TEN (10) years and

Section 68.96(b)(1) requires the owner or operator to conduct field exercises involving a simulated accidental release of a regulated substance. Under § 68.96(b)(1)(i), as part of the coordination with local emergency response officials required by § 68.93, the owner or operator is required to consult with these local officials to establish an appropriate frequency for field exercises. However, in all cases, the owner or operator must conduct a field exercise at least once every ten years.

Section 68.96(b)(1)(ii) identifies the scope of the field exercises including tests of:

1. notification procedures;
2. procedures and measures for emergency response actions (including evacuations and medical treatment); and
3. communications systems.

Field exercises MUST also involve:

1. mobilizing of facility emergency response personnel, including contractors, as appropriate;
2. coordinating with local emergency responders;
3. deploying emergency response equipment; and
4. any other action identified in the emergency response program, as appropriate.

TABLETOP exercises conducted at least once every THREE (3) years

Section 68.96(b)(2) requires the owner or operator to conduct tabletop exercises involving the simulated accidental release of a regulated substance. Under § 68.96(b)(2)(i), as part of the coordination with local emergency response officials required by § 68.93, the owner or operator is required to consult with these officials to establish an appropriate frequency for tabletop exercises. However, in all cases, the owner or operator must conduct a tabletop exercise at least once every three years.

Section 68.96(b)(2)(ii) requires tabletop exercises to include discussions of:

procedures to notify the public and the appropriate Federal, state, and local emergency response agencies;
procedures and measures for emergency response including evacuations and medical treatment;
identification of facility emergency response personnel and/or contractors and their responsibilities;
coordination with local emergency responders;
procedures for equipment deployment; and
any other action identified in the emergency response plan, as appropriate.

Facilities that have an RMP reportable accident, and document the response activities in an after-action report comparable to the exercise evaluation reports may use that response to satisfy the field exercise requirements. Furthermore, owner and operators of responding facilities that conduct exercises to meet other Federal, state or local exercise requirements may satisfy the RMP exercise requirements provided that the scope of the exercise includes the objectives of an RMP exercise. The purpose of this provision is to reduce the impact of accidents by ensuring that emergency response personnel:

understand their roles in the event of an incident,
are familiar with the hazards at a facility, and
that the emergency response plan is up-to-date

Improved coordination with emergency response personnel will better prepare responders to respond effectively to an incident and take steps to notify the community of appropriate actions, such as shelter-in-place or evacuation.

Now imagine your the Cincinnati Fire Department (CFD)…

1st – you will have little to no idea these rules have passed until your phone begins to ring off the hook! Meaning you have not budgeted for these new demands from the facilitieis within your fire district!

2nd – There are 27 listed facilities within the jurisdiction of the CFD, this means that

at least every other week they will be visiting one of these 27 facilities (e.g. 52 weeks in a year, take out holiday weeks such as Thanksgiving and Christmas and now you’re down to 50 weeks and you have 27 facilities needing your time)
at least 27 x’s per year they will be asked to aid a facility in their annual notification exercise
nearly monthly they will have to participate in a table top (e.g. 9 table top exercises per year for three years to get all 27 facilities done for their 3-year frequency)
nearly three (3) full-scale exercises each year (e.g. 3 full-scale exercises per year for ten years to get all 27 facilities done for their 10-year frequency)

I do not even have to ask CFD if they have budgeted for these exercises and if they are staffed to meet these demands as I can assure you they did not and are not AND they are just one of thousands of FDs that have a RMP facility within their fire district.

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