Re-Submitting an RMP
RMPs must be updated at least once every five years.
Owners and operators responsible for RMP implementation
should review the factsheet "A
Checklist for Resubmitting your Risk Management Plan (RMP)
for Chemical Accident Prevention"
(6 pp, 174K,
About PDF).
This factsheet provides a checklist to consider in
updating and resubmitting RMPs.
You must fully update your RMP for re-submission
sooner than the five-year anniversary date, if any of
the changes specified below occur [as specified in
40 CFR 68.190(b)].
- Within 6 months of a change that alters the
Program Level that applies to any covered process;
- Within 6 months of a change that requires a
revised off-site consequence analysis;
- Within 6 months of a change that requires a
revised PHA
or hazard review;
- The date on which a new regulated substance is
first present in an already covered process above a
threshold quantity;
- The date on which a regulated substance is first
present above a threshold quantity in a new process;
and
- Three years after the date when a substance is
first regulated by EPA.
Re-submissions re-set the five-year anniversary date
by which you must next update your RMP. To re-submit,
you must update all nine sections of your RMP. For an
electronic RMP, revise the original RMP as needed and
submit the updated RMP as a re-submission on diskette.
Chapter 7 of
RMP*Submit 2004 User's Manual (PDF)
(97 pp, 274K,
About PDF)
provides detailed information on how to generate the
re-submission on diskette.
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Correcting an RMP
"Correcting" an RMP refers to changing only a part of
an existing RMP, such as changing a contact name or
revising only a certain section. Corrections do not
generate a new anniversary date.
To correct your RMP and submit the correction on
diskette, you can use the RMP*Submit software. Chapter 6
of the
RMP*Submit 2004 User's Manual (6 pp, 53K, About PDF) provides detailed information on
how to generate the correction on diskette.
Facilities who have complete RMPs in the system can
make some limited administrative corrections using EPA's
new RMP*WebRC. For further information on RMP*WebRC,
contact the Reporting Center (301-429-5018).
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De-Registering a Facility
Changes may occur at your facility that make it no
longer subject to the RMP regulations at
40 CFR 68 (e.g. you replace the regulated substances
in your process with unregulated substances.) In that
event, you should submit a letter to the RMP Reporting
Center within six months and include the effective date
of the de-registration (the date on which you facility
was no longer covered by the RMP regulation). The letter
should be signed by the owner or operator and include
your RMP ID number (the 12-digit ID number assigned by
EPA).
RMP*Submit 2004 will generate the letter for you by
running the de-register function (from the Main Menu).
If your facility de-registers and later becomes subject
to the RMP regulation again, you will need to submit a
new RMP. Submit the new RMP as a re-submission (see
Re-submitting Your RMP above) using your previous
EPA Facility ID #.
De-registered facilities will be noted as such in
RMP*Info. De-registered RMPs will remain in RMP*Info for
15 years.
Remember to include the 12-digit EPA Facility
Identification number (usually beginning with 1000) that
was assigned to your facility. The EPA Facility ID was
given to you in the notification letter you received
from the RMP Reporting Center regarding the submission
status of your RMP.
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Withdrawing an RMP for Flammable Fuels
Who can withdraw?
If you submitted an RMP reporting only flammable
substances that are used as fuel or that are held for
sale as a fuel at a retail facility (defined below), you
may remove the RMP from the database because you never
were subject to the RMP rule.
What if I submitted an RMP that includes
other RMP-listed substances in addition to a flammable
substance used as fuel or that are held for sale as a
fuel at a retail facility?
If your RMP includes such fuels and also other RMP-listed
chemicals, you can submit a new RMP with the fuels
deleted (See "Resubmitting your RMP" and "Corrections"
on this webpage). Or you can simply leave the RMP
including the fuels in the database voluntarily.
Why are flammable substances used as a fuel
or held for sale as a fuel at a retail facility excluded
from RMP reporting?
When originally issued in 1996, the Chemical Accident
Prevention rule required facilities having more than a
threshold amount of certain flammable substances to
submit an RMP by June 21,1999. However, shortly before
that date, the rule was stayed with respect to flammable
substances used as fuel or held for sale as a fuel at a
retail facility, so that facilities with such fuels were
not required to include them in their initial RMPs. In
August of 1999, Congress enacted the Chemical Safety
Information, Site Security and Fuels Regulatory Relief
Act to permanently remove from the rule flammable
substances used as a fuel or held for sale as a fuel at
a retail facility (defined in the Act as a "stationary
source at which more than one-half of the income is
obtained from direct sales to end users or at which more
than one-half of the fuel sold, by volume, is sold
through a cylinder exchange program"). In March 2000,
EPA amended the Chemical Accident Prevention Regulations
(40 CFR 68) to exclude flammable fuels that are used as
fuel or that are held for sale as a fuel at a retail
facility.
Why should I withdraw or revise my RMP?
A number of RMPs reporting such fuels remain in EPA's
RMP database. They have come to EPA's attention because
the Agency's database identifies RMPs that have not been
updated by their five-year anniversary, which occurred
for many facilities in mid-2004. The facilities that
submitted RMPs reporting exempt flammable fuels still
have the options of withdrawing or revising their RMPs.
What does "withdrawal" mean?
"Withdrawal" of such an RMP means that the RMP will be
completely removed from the database, since its
submission was never required. By contrast,
"de-registration" of an RMP, described above on this
website, occurs when changes at a facility which has
been subject to the rule make the facility no longer
subject to the RMP requirements. RMPs of de-registered
facilities remain in the database as non-current RMPs
for fifteen years.
How do I withdraw my RMP?
The owner or operator of a facility who has an RMP
reporting only exempt flammable fuels (i.e., flammable
substances used as fuel or held for sale as a fuel at a
retail facility) can write to us at:
RMP Reporting Center
P.O. Box 1515
Lanham-Seabrook, MD 20703-1515
