A common question I receive from clients/members is
“why do some of my facilities get RMP inspections from the Fed’s and others get inspected by the state; should I be prepared for both Fed and State to inspect a facility?”
The answer is based 100% on where the facility is located and NO, a facility will NOT receive an RMP inspection from both state AND feds; it will be either the state or the feds; and maybe even someone from your “county” in some cases.
Certain states, and even certain counties in PA, KY, and NC have received permission from Federal EPA to be the RMP inspectors. The current list of delegated states is:
- Delaware
- Florida
- Georgia
- Mississippi
- New Jersey
- North Carolina
- North Dakota (partial delegation to enforce @ fertilizer facilities)
- Ohio
- South Carolina
The following territories and local jurisdictions have delegation:
- Allegheny County (PA)
- Jefferson County (KY)
- Forsyth County (NC)
- Buncombe County (NC)
- Mecklenburg County (NC)
Kentucky, Puerto Rico, and the Virgin Islands NO LONGER implement the program and the US EPA Regional office has taken over implementation of those areas.
Florida has a partial delegation (everything but propane facilities), and North Dakota has a partial delegation (only Agricultural Ammonia facilities).
PLEASE NOTE: States that have not applied for or received delegation of the CAA Section 112r program may have enforcement authority through their own laws, but not directly through the federal Clean Air Act (CAA). LEPCs and/or fire departments likewise may have state and local authorities providing them with enforcement power. As members of LEPCs and fire departments are citizens, they could use the citizen suit provision of the federal CAA, when that is appropriate.
States and localities may impose more detailed requirements, such as requiring more documentation or more frequent reporting, specifying hours of training or maintenance schedules, imposing equipment requirements or call for additional analyses. Some states and localities are likely to cover at least some additional chemicals and may use lower thresholds.
The general duty clause (CAA section 112(r)(1)) is not included in Part 68 and, therefore, will NOT be delegated to states that have taken the implementation of the RMP program. States, however, may adopt their own general duty clause under state law.