Change of Ownership

If a facility that is subject to the risk management program regulations in 40 CFR Part 68 is sold to another owner, is the facility required to make a correction or a full update of its risk management plan (RMP)?

If there are no changes in the covered operations at the facility that would result in a required re-submission of the RMP pursuant to §68.190, then as soon as practical, a change in ownership should be reflected in the RMP as a correction. The owner or operator would select the “correction” option on the RMP*eSubmit home screen and revise Section 1 of the facility’s RMP to include the new ownership information. In addition to the new ownership information, the revised RMP includes the reason for the correction (e.g., change of ownership).

For corrections, the facility does not have to update each section of the RMP if the only thing that has changed is the name of the owner. Since a correction only changes individual administrative data entries, corrections may be made for changes of ownership, correcting clerical errors, and other minor administrative changes.

The RMP on record with EPA should reflect the current owner by the date ownership changes or responsibility for operation of the facility is transferred. Either the new or old owner or operator may make the correction, as long as one party does it and the information is accurate. Although either party may make the submission, EPA prefers that the new owner or operator submit the correction since he or she is going to have ongoing responsibility for the program