Risk Management Program (CAA 112r)

The facility must document coordination with local authorities, including: The names of individuals involved and their contact information (phone number, email address, and organizational affiliations); dates of coordination activities; and nature of coordination activities.

Facilities must coordinate at a minimum annually, with increased frequency agreed on by the local responders and the facility. The purpose of the annual coordination is to allow facilities to update and discuss the information being provided to local authorities, and to allow local authorities to provide facilities with updated information on how the source is addressed in the community emergency response plan. The forum for coordination meetings is left up to the discretion of the owner or operator and local response authorities.

The coordination meeting should address changes to hazardous substance source, emergency plans, contact information and any information necessary for developing and implementing the local community emergency response plan.

Facilities may be responding or non-responding facilities, meaning they are either equipped with hazardous response teams and equipment or they are not equipped and rely on outside resources such as local responders or have an emergency response and clean-up contractor.

Non-Responding Facility means employees will not respond to accidental releases. The facility is responsible for evacuating employees and coordinating response plans with local emergency responders. The facility must ensure that local responders or hired contractors will be prepared to respond to an emergency at the facility.

Responding Facility means designated employees or responders are properly trained and equipped with personal protection equipment and monitoring devices to respond to accidental releases of a hazardous regulated substances (the facility implements an emergency response program under OSHA’s HAZOPER standard).

A non-responding facility must have an Emergency Action Plan in place while a responding facility must have an Emergency Response Plan in place. All water facilities must have their emergency plans in accordance with America's Water Infrastructure Act.

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Facilities may be responding or non-responding facilities, meaning they are either equipped with hazardous response teams and equipment or they are not equipped and rely on outside resources such as local responders or have an emergency response and clean-up contractor.

Non-Responding Facility means employees will not respond to accidental releases. The facility is responsible for evacuating employees and coordinating response plans with local emergency responders. The facility must ensure that local responders or hired contractors will be prepared to respond to an emergency at the facility.

Responding Facility means designated employees or responders are properly trained and equipped with personal protection equipment and monitoring devices to respond to accidental releases of a hazardous regulated substances (the facility implements an emergency response program under OSHA’s HAZOPER standard).

A non-responding facility must have an Emergency Action Plan in place while a responding facility must have an Emergency Response Plan in place. All water facilities must have their emergency plans in accordance with America's Water Infrastructure Act.

Emergency Exercise Response Requirements by Program Level

A Risk Management Program facility is required to include the following items depending on their program level, located on the facility EPA RMP Report, Section 1. Registration Information under Process Chemical.

Local responders and emergency managers may partner with the facility to plan and conduct exercises. The Regional Response Teams are available by request through the local emergency management office to participate in planning and exercises.
 

Emergency Response Exercise Program

Written program was due December 19, 2023, for responding facilities.

The owner or operator shall consult with local emergency response officials to establish an appropriate exercise type (tabletop, field, full scale, etc.) and appropriate frequency. The Emergency Response Exercise Program Shall Include:

• The exercise type - The exercises are to involve the simulated accidental release of a regulated substance (if a facility has both toxic and flammable regulated substances, it is recommended to exercise scenarios for both substances separately or jointly if it is possible for one process release to impact the other process).
• Frequency - Establish an appropriate frequency for field exercises (annual, 3-year, 5-year, 10-year, etc.).
• Scope – Exercise plan shall involve tests of the source's emergency response plan, including deployment of emergency response personnel and equipment.
• Documentation - Prepare an evaluation report within 90 days of each field and tabletop exercise. The report should include:
  
  • A description of the exercise scenario;
  • Names and organizations of each participant;
  • An evaluation of the exercise results including lessons learned;
  • Recommendations for improvement or revisions to the emergency response exercise program and emergency response program; and

A schedule to promptly address and resolve recommendations.

Any facility where extremely hazardous substances are present in any quantity, are subject to the General Duty Clause (GDC), CAA Section 112(r)(1).  GDC is a performance-based authority recognizing that owner/operators have a general duty and responsibility to prevent and mitigate accidental chemical releases.

Facilities with extremely hazardous substance or risk management program chemicals are required under EPCRA and General Duty to provide information requested by local responders for community emergency planning. See the Emergency Response and Action Plan Reviews under NCEM Risk Management Program Emergency Coordination Checklists.

General Duty Clause under the Clean Air Act Section 112(r)(1) | Risk Management Plan (RMP) Rule | US EPA

Members of the public may obtain copies of RMPs (without the off-site consequence analysis (OCA) information) by visiting https://cdxapps.epa.gov/olem-rmp-pds/ or requesting them from EPA in writing (including by email). Members of the public may also read, but not copy, the OCA sections of RMPs in Federal Reading Rooms.

For information on Federal Reading Rooms, visit EPA Federal Readings Rooms for Risk Management. North Carolina’s reading rooms are located in Asheville, Greensboro and Raleigh at the United States Department of Justice.

By May 10, 2027, facilities are to have the following information readily available to the public:

• Accident history information – 5 years
• Emergency response program
• Response status
• Name and phone number of local emergency response organizations
• Public notification procedures
• List of scheduled exercises
• LEPC contact information
• Declined recommendations and justifications from hazard analysis
• Language Translation – English + 2 most common community languages
• Notification of availability of information
• Access to community preparedness info