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RMP Program 2

REGULATORY CITATION

40 CFR 68 - Chemical Accident Prevention Provisions

Origin Date 1-31-1994

WHAT IS IT?

Standard requires chemical accident prevention steps for stationary sources with regulated processes.

WHO DOES IT APPLY TO?

Employers that have over specified threshold quantities of regulated substances.

HOW CAN WE HELP?

CLICK HERE to learn how Asmark can help you.

INTRODUCTION

The Environmental Protection Agency (EPA) requires facilities that use extremely hazardous substances to implement a risk management program and to submit a Risk Management Plan (RMP) to help prevent accidental releases. Facilities holding more than a threshold quantity of one or more of the 140 regulated substances found on the list in 40 CFR 168.130 are divided into three categories based on the potential for off-site consequences associated with a worst-case accidental release, accident history or compliance with the Occupational Safety and Health Administration's (OSHA) Process Safety Management Standard. Facilities that store or handle a quantity of 10,000 pounds or more of anhydrous ammonia, as well as facilities that store or handle a quantity of 20,000 pounds of aqua ammonia in a concentration of 20% or greater, are covered by the RMP rule. This overview details the requirements for Program 2 facilities that do not meet eligibility requirements for Program 1 or 3. Agricultural retailers are typically Program 2 facilities.

SAFETY INFORMATION

40 CFR 68.48 - The employer must compile and maintain the following safety information related to the regulated substances, processes and equipment:

  1. Safety Data Sheets;
  2. Maximum intended inventory of equipment in which the regulated substances are stored or processed;
  3. Safe upper and lower temperatures, pressures, flows and compositions;
  4. Equipment specifications; and
  5. Codes and standards used to design, build and operate the process.

The employer must ensure that the process is designed in compliance with recognized and generally accepted good engineering practices. Compliance with Federal or state regulations that address industry-specific safe design, or with industry-specific design codes and standards, may be used to demonstrate compliance. The employer must update the safety information if a major change occurs that makes the information inaccurate.

HAZARD REVIEW

40 CFR 68.50 - The employer must conduct a review of the hazards associated with the regulated substances, process and procedures. The review must identify the following:

  1. The hazards associated with the process and regulated substances;
  2. Opportunities for equipment malfunctions or human errors that could cause an accidental release;
  3. The safeguards used or needed to control the hazards or prevent equipment malfunction or human error; and
  4. Any steps used or needed to detect or monitor releases.

The employer may use checklists developed by persons or organizations knowledgeable about the process and equipment as a guide to conducting the review. For processes designed to meet industry standards or Federal or state design rules, the hazard review must determine whether the process is designed, fabricated and operated in accordance with the applicable standards or rules.

The employer must document the results of the review and ensure that problems identified are resolved in a timely manner. The review must be updated at least once every five years and whenever a major change in the process occurs. All issues identified in the review must be resolved before startup of the changed process.

OPERATING PROCEDURES

40 CFR 68.52 - The employer must prepare written operating procedures that provide clear instructions or steps for safely conducting activities associated with each covered process consistent with the safety information for that process. Operating procedures or instructions provided by equipment manufacturers or developed by persons or organizations knowledgeable about the process and equipment may be used as a basis for a stationary source's operating procedures. The employer must ensure that the operating procedures are updated, if necessary, whenever a major change occurs and prior to startup of the changed process.

The procedures must address the following:

  1. Initial startup;
  2. Normal operations;
  3. Temporary operations;
  4. Emergency shutdown and operations;
  5. Normal shutdown;
  6. Startup following a normal or emergency shutdown or a major change that requires a hazard review;
  7. Consequences of deviations and steps required to correct or avoid deviations; and
  8. Equipment inspections.

TRAINING

40 CFR 68.54 - The employer must ensure that each employee presently operating a process, and each employee newly assigned to a covered process, have been trained or tested competent in the operating procedures that pertain to their duties. Refresher training must be provided at least every three years. The employer may use training conducted under Federal or state regulations, or under industry-specific standards or codes or training conducted by covered process equipment vendors, to demonstrate compliance. The employer must ensure that operators are trained in any updated or new procedures prior to startup of a process after a major change.

MAINTENANCE PROCEDURES

40 CFR 68.56 - The employer must prepare and implement procedures to maintain the on-going mechanical integrity of the process equipment. They may use procedures or instructions provided by covered process equipment vendors, or procedures in Federal or state regulations or industry codes, as the basis for stationary source maintenance procedures.

The employer must train each employee involved in maintaining the on-going mechanical integrity of the process. To ensure that the employee can perform the job tasks in a safe manner, each such employee must be trained in the hazards of the process, in how to avoid or correct unsafe conditions and in the procedures applicable to the employee's job tasks. Any maintenance contractor must ensure that each contract maintenance employee is trained to perform the maintenance procedures.

The employer must perform inspections and tests on process equipment. Inspection and testing procedures must follow recognized and generally accepted good engineering practices. The frequency of inspections and tests of process equipment must be consistent with applicable manufacturers' recommendations, industry standards or codes, good engineering practices and prior operating experience.

COMPLIANCE AUDIT

40 CFR 68.58 - The employer must certify that they have evaluated their compliance at least every three years to verify that the procedures and practices developed are adequate and are being followed. The compliance audit must be conducted by at least one person knowledgeable in the process. The employer must develop a report of the audit findings. They must promptly determine and document an appropriate response to each of the findings of the compliance audit and document that deficiencies have been corrected. The two most recent compliance audit reports must be retained. This requirement does not apply to any compliance audit report that is more than five years old.

INCIDENT INVESTIGATION

40 CFR 68.60 - The employer must investigate each incident which resulted in, or could reasonably have resulted in, a catastrophic release of a regulated substance as promptly as possible, but not later than 48 hours following the incident. A summary must be prepared at the conclusion of the investigation, which includes at a minimum:

  1. Date of incident;
  2. Date investigation began;
  3. A description of the incident;
  4. The factors that contributed to the incident; and,
  5. Any recommendations resulting from the investigation.

The employer must promptly address and resolve the investigation findings and recommendations. Resolutions and corrective actions must be documented. The findings must be reviewed with all affected personnel whose job tasks are affected by the findings and investigation summaries must be retained for five years.

RMP Submission

40 CFR 68.150 - The employer must submit a single RMP that includes the required information for all covered processes and revise or update the RMP as follows:

  1. At least once every five years from the date of its initial submission or most recent update, whichever is later;
  2. No later than three years after a newly regulated substance is first listed by EPA;
  3. No later than the date on which a new regulated substance is first present in an already covered process above a threshold quantity;
  4. No later than the date on which a regulated substance is first present above a threshold quantity in a new process;
  5. Within six months of a change that requires a revised hazard review;
  6. Within six months of a change that requires a revised offsite consequence analysis;
  7. Within six months of a change that alters the program level that applied to any covered process;
  8. Within six months of any accidental release meeting the five-year accident history reporting criteria, or by the time the RMP is next updated, whichever is earlier;
  9. Within one month of any change in the emergency contact information required; and
  10. Within six months if a stationary source is no longer covered under the rule.

FAQs AND INTERPRETATIONS

EPA
APPENDIX

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EPA RMP
INFORMATION

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ASMARK INSTITUTE
MYRMP PROGRAM 2

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