RMP Program Level 2 and 3 compliance audit frequency

Pursuant to the risk management program regulations, facilities with Program Level 2 and 3 processes must perform compliance audits at least once every three years (40 CFR §§68.58 and 68.79). Do regulated facilities have to perform the audits within exactly three years or can facilities perform the audits any time within the third year following the previous audit?

The rule requires that at least every three years, the owner or operator certify that they have evaluated compliance with the prevention program requirements for each Program Level 2 and 3 covered process. Therefore, if a facility completes a compliance audit of their covered processes on July 1, 2007, then by July 1, 2010, that facility would have to complete another compliance audit of all of its Program Level 2 and 3 covered processes. EPA notes that for large facilities and those with more than one covered process, the audit for each process would not need to be performed at one time. The facility may choose to audit different processes on different schedules, provided that all Program 2 and 3 processes are audited at least every 3 years.