RMP Submittal Deadline
It has been several months since the June 21, 1999 deadline for submitting a Risk Management Plan (RMP) to the U.S. Environmental Protection Agency (EPA) for facilities with more than a threshold quantity of certain extremely hazardous substances. While many facilities participated in this program - including many of our regular visitors to ChemAlliance - there is uncertainty over the compliance rate. Initially EPA expected to receive about 30,000 RMPs, though only about 14,500 plans were received this past summer. The regional offices of the EPA, however, are now indicating that many of the facilities that they thought needed to comply did not in fact have a compliance obligation. In many cases these facilities have switched to less toxic chemicals, dropped below the reporting threshold, or eliminated a process that would have required them to report in the first place. Consequently, the EPA may have overestimated the RMP reporting universe.
Even so, several other challenging issues were raised in the process of implementing the RMP requirement. This led Congress to pass and President Clinton to sign on August 5 the Chemical Safety Information, Site Security and Fuels Regulatory Relief Act (Public Law 106-40) in order to clarify these issues and satisfy security issues raised by the Federal Bureau of Investigation (FBI).
The New Law
Public Law 106-40 mainly addresses the public availability of the Off-site Consequence Analysis (OCA) sections of the RMPs (i.e., sections 2 - 5) submitted to EPA under Section 112(r) of the Clean Air Act (CAA). While this new law prohibits government officials from disclosing to the public the OCA sections of RMPs and other related materials until at least August 5, 2000, it doesn't prohibit the facilities from sharing this information with the public, and in fact requires most facilities to provide the public with at least a summary of their OCA information by February 1, 2000. By August 5, 2000 the federal government is required to complete a rule-making and assessment to address the future public availability of OCA information.
The provisions of Public Law 106-40 regarding public access to the OCA information represent an important change from the original requirements. Concerns were raised by the FBI and many other people that widespread electronic distribution of a database derived from the OCA sections of RMPs could present a security risk to a community, its state, or the whole nation.
Public Meetings to Discuss RMPs and OCAs, and Small Business Provisions
Chemical facilities that were required to submit an RMP for a Program 2 or 3 process must hold a public meeting in the local community by February 1, 2000 to discuss their RMPs and OCAs. This meeting should be convened following reasonable public notice, and should describe and discuss the local implications of the RMP and OCA. In some cases, it may make sense for several facilities to hold joint public meetings. If a facility held or participated in a public meeting during the 12 months preceding August 5, 1999, it does not have to conduct another one. Facilities that became subject to the RMP requirements after the June 21, 1999 deadline also are not required to hold public meetings.
If a facility meets the definition of a "small business stationary source", however, it may choose to publicly post a summary of its OCA information instead. Under the CAA Section 507(c)(1), a small business stationary source is a corporation that employees 100 or fewer people; emits less than 50 tons or more per year of any one regulated pollutant under the CAA; emits less than 75 tons per year of all regulated pollutants under the CAA; and is not a "major stationary source" under the CAA (see 42 USC 7661 (2)).
If a facility decides to publicly post the OCA information, it has broad discretion to decide how to do so. For example, a facility may want to contact the Local Emergency Planning Committee or County Emergency Management Association for posting tips or advice. Alternatively, many towns have public bulletin boards where residents regularly go for information about local activities and services, which could be an excellent place to post a facility's OCA information.
Irrespective of how a facility makes the OCA information publicly available, it must certify to the FBI by June 5, 2000 that it has held the meeting or posted the summary. Facilities having only Program 1 processes are fully exempt from the public meeting or summary requirement.
Flammable Fuels Exemption
Public Law 106-40 clarifies that retail facilities that stock propane or other flammable fuels for sale as a fuel, or that use these substances as a fuel, do not have to submit an RMP. Non-retail facilities and facilities that produce flammable fuels as a feedstock in producing something else in more than threshold quantities are still subject to the RMP requirement. The EPA is in the process of issuing a rule conforming the list of covered substances to the new law. Even so, this exemption for flammable fuels does not affect a facility’s obligation under the General Duty Clause. The General Duty Clause of CAA Section 112(r) requires facilities handling extremely hazardous substances to design and maintain a safe facility.
Certification to the FBI and the EPA
The owner or operator of chemical facilities that must meet a Program 2 or 3 process must send a certification to the FBI by June 5, 2000 stating that the public meeting has been held, or the OCA summary has been posted. The FBI will document receipt of the certifications and notify the EPA. Send certifications to:
Director Louis Freeh
Federal Bureau of Investigation
Attention: RMP Program - Room 1B327
935 Pennsylvania Ave., N.W.
Washington, D.C. 20535-0001
If a facility makes the OCA portion of its RMP publicly available without restriction, Public Law 106-40 requires notification to EPA, which will keep a list of such facilities. If a facility releases this information to the public, government officials may then do so as well. This notice should be sent to:
RMP Reporting Center
P.O. Box 3346
Merrifield, VA 22116-3346
Useful Contacts
Carole Macko, EPA, Chemical Emergency Preparedness and Prevention Office: macko.carole@epamail.epa.gov
EPA Small Business & Asbestos Ombudsman Hotline: (800) 368-5888
EPA Emergency Planning and Community Right-to-Know Hotline: (800) 424-9346
