Recently at a Compliance Assistance conference, OH-EPA presented on EPA’s Risk Management Plan and revealed some interesting data. One thing to state up front is that Ohio EPA is one of thirteen (13) states that has been delegated to enforce 40 CFR Part 68 within the state of Ohio. With that comes a snap shot of what they are finding throughout the state. Here are some of the more interesting bits of data…
Approximately 404 +/‐ facilities
- Program level 3 – 79%
- Program level 2 – 20%
- Program level 1 – 1%
Most common facilities
- Agricultural retailers – 19%
- WTP / WWTP – 16%
- Ammonia refrigeration – 17%
RMP Logistics
- Facility electronically submits its RMP Registration utilizing the RMP eSubmit software
- USEPA mails out 5‐year anniversary reminders and 30‐day late notice to RMP facilities
- Ohio EPA receives copy of reminder letters. Ohio EPA to implement notification as well.
- Ohio EPA reviews the RMP submitted by facility prior to inspection/audit.
- Goal is to inspect facility every 5 years.
- Ohio EPA utilizes “on‐site risk management audit checklist” based on the program level of the facilities process(es).
- Ohio EPA creates either notice of violation or letter of compliance within 2 weeks of the visit seeking further documentation and/or action based on findings.
- Ohio EPA works with facility seeking compliance with OAC 3745‐104.
- Most facilities come into compliance based on site inspection/visit.
- About 1 out of 20 inspections result in enforcement proceedings.
Ohio EPA RMP Audit goal is to audit each facility at least every 5 years.
Audits/Inspections:
- 2013 = 84 Inspections with 73 deficiency letter’s issued
- 2014 = 70 Inspections with 62 deficiency letter’s issued
- 2015 = 75 Inspections with 69 deficiency letters issued
- 2016 = 67 (to date) Inspections with 58 NOV’s issued
Enforcement:
- 2013 = 14 cases @ 16 facilities
- 2015 = 16 cases @ 7 facilities
Common RMP Violations
- Not completing the recommendations from the process hazard analysis.
- Not annually reviewing the operating procedures
- Not conducting refresher training every three years.
- Not implementing a regular scheduled preventative maintenance program according to API standards.
- Not maintaining a contractor program
Annual RMP Fee Schedule
- Invoices sent out in August every year
- $50 initial registration fee for facility
- $65 for propane; if it is the only regulated substance on site
- $65 for anhydrous ammonia sold for use as an agricultural ingredient
- $200 for all other regulated substances
Small Business Fee Exemption
Facilities that meet the definition of a “small business” (independently owned and operated with less than 100 full‐time employees) are exempt from fees.
CLICK HERE for the ppt by OH EPA