RMP Emergency response coordination activities effective date

As I stated last week and posted my updated RMP Audit Checklist ER questions, the RMP ER coordination activities should be at least in your “planning/discussion” phase with your off-site responders/resources.  Even though 68.10(b) states that compliance with these activities must be completed by March 14, 2018 and the fact that the amendments did not become effective until September 21, 2018, many have been led to believe there is some kind of “grace period” for these coordination activities.  Bottom line… there is NO grace period and these coordination efforts should be well underway in the Year 2020.

The RMP Amendments finalized on January 13, 2017, included a requirement for owners or operators of a stationary source to engage in emergency response coordination activities (40 CFR §68.93).  The regulatory text in 40 CFR §68.10(b) states that compliance with these activities must be completed by March 14, 2018.  Because the RMP Amendments were not effective until September 21, 2018, are facilities given a grace period to comply with the emergency response coordination activities?

There is no grace period and facilities should comply with these activities as soon as possible.  For more information on compliance timeframes, please visit EPA’s RMP Amendment Compliance Web site.

As a reminder here are the new ER coordination requirements in 68.93 Emergency response coordination activities.

The owner or operator of a stationary source SHALL coordinate response needs with local emergency planning and response organizations to determine:

1. how the stationary source is addressed in the community emergency response plan and
2. to ensure that local response organizations are aware of the regulated substances at the stationary source,
   1. their quantities,
   2. the risks presented by covered processes, and
   3. the resources and capabilities at the stationary source to respond to an accidental release of a regulated substance

This coordination SHALL occur AT LEAST ANNUALLY, and more frequently if necessary, to address changes:

1. At the stationary source;
2. in the stationary source’s emergency response and/or emergency action plan; and/or
3. in the community emergency response plan

Coordination SHALL include providing to the local emergency planning and response organizations:

1. The stationary source’s emergency response plan if one exists;
2. emergency action plan;
3. updated emergency contact information; and
4. other information necessary for developing and implementing the local emergency response plan.

For “responding stationary sources”, coordination shall also include consulting with local emergency response officials to establish appropriate schedules and plans for field and tabletop exercises required under §68.96(b). The owner or operator SHALL request an opportunity to meet with the local emergency planning committee (or equivalent) and/or local fire department as appropriate to review and discuss those materials.

The owner or operator SHALL DOCUMENT COORDINATION with local authorities, including:

1. The names of individuals involved and their contact information (phone number, email address, and organizational affiliations);
2. dates of coordination activities; and
3. nature of coordination activities

 Emergency response coordination activities (§ 68.93) – (applies to sources with Program 2 and Program 3 processes)

• The facility owner or operator must coordinate response needs at least annually with local emergency planning and response organizations, and document these coordination activities.
• The facility owner or operators must provide to the local emergency planning and response organizations:
  • the stationary source’s emergency response plan if one exists,
  • the source’s emergency action plan,
  • updated emergency contact information, and
  • any other information that local emergency planning and response organizations identify as relevant to local emergency response planning.

Responding stationary sources must consult with local emergency response officials to establish appropriate schedules and plans for field and tabletop exercises required under § 68.96(b) before the March 15, 2021 compliance date for exercise provisions.

Emergency Response Program Provisions

Revisions to the Emergency Response Program requirements in § 68.95:

• Inform Federal and state emergency response agencies about accidental releases.
• Review and update the source’s emergency response plan, as appropriate. Base updates on changes at the stationary source or new information obtained from:
  • coordination activities,
  • emergency response exercises,
  • incident investigations, or
  • other available information.
• Ensure that employees are informed of the changes to the source’s emergency response plan.