The State of Ohio’s EPA performed “Business Impact Analysis” on their version of the Risk Management Plan, as part of an Ohio requirement. The Ohio EPA RMP rules, which are consistent with federal requirements, became effective August 13, 1999. Ohio EPA received “Delegation of Authority” for the Accidental Release Prevention Program, or Risk Management Plan (RMP) program, effective January 3, 2000. In their analysis, they provide some insight into their view of:
- what the rule intends to prevent
- how they will enforce the rule (no fines for first-time offenders)
- how much they believe it will cost employers to implement an RMP
To say the least, there are some fascinating tidbits of information in their analysis, and as they pointed out, not one person challenged their analysis in the public comment period, which I missed. I was most shocked by the statement:
A typical small business, such as a chemical retailer, with a single compound above threshold levels may be able to develop and implement a plan for a few hundred or a thousand dollars whereas a large facility with dozens or hundreds of compounds, such as a refinery, may spend $20,000-$30,000 to develop and implement a plan.
How much time did you spend in implementing your RMP?
NOTE: this information is FREE from OH-EPA. The content below, the notations, highlights, and explanations, are for SAFTENG members.
The rules in this chapter implement section 112(r) of the Clean Air Act. The objective of section 112(r) is to prevent serious chemical accidents that have the potential to affect public health and the environment. The Ohio EPA RMP rules, which are consistent with federal requirements, implement this section of the CAA and require the preparation of Risk management Plans (RMP) These rules originally became effective August 13, 1999. Ohio EPA received a delegation of authority to implement the state Accidental Release Prevention Program, Risk Management Plan (RMP) program, effective January 3, 2000. These rules are necessary for Ohio to retain primacy over the state program.
The objective of section 112(r) of the CAA is to prevent serious chemical accidents that have the potential to affect public health and the environment. The CAA required U.S. EPA to promulgate regulations for chemical accident prevention, which includes hazard assessments, a prevention program, and an emergency response program. The rules in this chapter implement the state of Ohio’s RMP program under the CAA. The plans assist responding agencies in the event of a catastrophic release.
Provide a summary of the estimated cost of compliance with the rule. Specifically, please do the following:
- Identify the scope of the impacted business community;
- Identify the nature of the adverse impact (e.g., license fees, fines, employer time for compliance); and
- Quantify the expected adverse impact from the regulation.
The adverse impact can be quantified in terms of dollars, hours to comply, or other factors; and may be estimated for the entire regulated population or a “representative business.” Please include the source for your information/estimated impact.
The rules in this chapter implement section 112(r) of the Clean Air Act. The objective of section 112(r) is to prevent serious chemical accidents that have the potential to affect public health and the environment.
The cost to develop an RMP is dependent on the size of the facility and the number of compounds they store and utilize. A typical small business, such as a chemical retailer, with a single compound above threshold levels may be able to develop and implement a plan for a few hundred or a thousand dollars whereas a large facility with dozens or hundreds of compounds, such as a refinery, may spend $20,000-$30,000 to develop and implement a
plan.
15. Why did the Agency determine that the regulatory intent justifies the adverse impact to the regulated business community?
The rules require facilities to use appropriate hazard assessment techniques to identify hazards that may result from the accidental release of regulated substances and to use these recognized hazards to design and maintain a safe facility which prevents releases and minimizes the consequences of accidental releases that do occur.
Regulatory Flexibility
How will the agency apply Ohio Revised Code section 119.14 (waiver of fines and penalties for paperwork violations and first-time offenders) into the implementation of the regulation?
The Ohio EPA uses enforcement discretion regarding fines and penalties for facilities committing a first-time violation are typically waived. The procedures specified in the agency’s “Compliance Assurance through Enforcement” program are used to ensure implementation of the regulations. Penalties are only for repeat violations from previous inspections.
What resources are available to assist small businesses in compliance with the regulation?
The following resources are available:
- Ohio EPA’s Office of Compliance Assistance and Pollution Prevention (OCAPP) is a non-regulatory program that provides information and resources to help small businesses comply with environmental regulations. OCAPP also helps customers identify and implement pollution prevention measures that can save money, increase business performance and benefit the environment. Services of the office include a toll-free hotline, on-site compliance, and pollution prevention assessments, workshops/training, plain-English publications library and assistance in completing permit application forms. Additional information is available at http://www.epa.ohio.gov/ocapp.
- Ohio EPA also has a compliance assistance web page specifically for RMP information (http://www.epa.ohio.gov/dapc/atu/112r.aspx#125623903-complianceinformation) that contains links to several items to help businesses complete their prevention program documentation.
- Ohio EPA maintains the Compliance Assistance Hotline 800-329-7518, weekdays from 8:00 a.m. to 5:00 p.m.
- US. EPA Small Business Gateway also has information on environmental regulations for small businesses available at http://www.epa.gov/smallbusiness/ and a Small Business Ombudsman Hotline 800-368-5883.
- U.S. EPA has a website for compliance materials by industry sector: http://www2.epa.gov/rmp/guidance-facilities-risk-management-programsrmp
- Ohio EPA’s Division of Air Pollution Control (DAPC) rule writer for the rules in this chapter is Sherri Swihart. She can be reached by calling 614-644-3594 or by e-mail at [email protected].
Source: http://epa.ohio.gov/Portals/27/regs/3745-104/3745-104_CSI_BIA.pdf