This topic is a bit off, but for some reason, this issue is trending in our RMP/PSM audit findings. We have been finding this since we began performing RMP audits in the 2002-2003 time frame, but the numbers are trending up. Now, this is NOT about a “hazardous condition,” but in almost all our cases, this error is made by a paid consulting firm (i.e., preparer). Personally, I believe some of these cases are a flat-out rip-off of the customer, as the proposal was based on the number of RMPs to be prepared – for the SAME FACILITY. The site was hiring a third party to help them – not to rip them off. In almost ALL scenarios, a traditional facility will have a SINGLE Risk Management Plan, albeit that single plan may have multiple processes reported in it. Here’s how it suppose to work/look:
First, let’s look at how EPA defines “stationary source”.
Stationary source means any buildings, structures, equipment, installations, or substance emitting stationary activities which belong to the same industrial group, which are located on one or more contiguous properties, which are under the control of the same person (or persons under common control), and from which an accidental release may occur. The term stationary source does not apply to transportation, including storage incident to transportation, of any regulated substance or any other extremely hazardous substance under the provisions of this part. A stationary source includes transportation containers used for storage not incident to transportation and transportation containers connected to equipment at a stationary source for loading or unloading. Transportation includes, but is not limited to, transportation subject to oversight or regulation under 49 CFR parts 192, 193, or 195, or a state natural gas or hazardous liquid program for which the state has in effect a certification to DOT under 49 U.S.C. section 60105. A stationary source does not include naturally occurring hydrocarbon reservoirs. Properties shall not be considered contiguous solely because of a railroad or pipeline right-of-way.
So when we break down this information, we see that the term facility means “any buildings, structures, equipment, installations or substance emitting stationary activities…
- which belong to the same industrial group,
- which are located on one or more contiguous properties,
- which are under the control of the same person (or persons under common control), and
- from which an accidental release may occur.
EPA has also provided some details in their RMP FAQ:
What does “contiguous property” mean?
Property that is adjoining. Public rights-of-way (e.g., railroads, highways) do not prevent the property from being considered contiguous. Property connected only by rights-of-way are not considered contiguous (e.g., two plants with a connecting pipeline).
So I will add another qualifier… if all of your RMP covered processes are within your facility’s “fence line” then there is a very good likelihood that the processes are ALL within your SINGLE RMP. A facility’s RMP can have as many processes associated with it, even when the processes have different hazards (e.g., toxic and flammable). So if you’re paying for multiple plans and trying to manage multiple plans, you may want to ask your “preparer” about consolidating your plans into a single plan.