Voluntary Implementation and Submission of RMP

Pursuant to the risk management program regulations in 40 CFR Part 68, owners and operators of a stationary source that have more than a threshold quantity of a regulated substance in a process must implement and submit a risk management plan (RMP) to EPA. If the risk management program regulations do not apply to a facility, can the owner or operator still implement and submit an RMP voluntarily?

Yes, however, for RMP substances listed in §68.130, the owner or operator will receive a warning in RMP*eSubmit when attempting to register a RMP substance with less than a threshold quantity.  The warning will state that the RMP substance is not required to be reported because the chemical quantity input by the user is less than its RMP threshold quantity. The user will then have to acknowledge the warning to continue voluntarily registering the RMP. For such substances, the owner or operator must prepare the RMP exactly as he or she would if the regulations applied to the facility and meet all rule requirements for each regulated substance for which they file. Additionally, a Preparer and Certifying Official would need to register for a CDX account to access the Web-based RMP submission tool, RMP*eSubmit, to formally submit the facility’s RMP.

If the owner or operator submits a paper submission of the RMP containing RMP substances with less than a threshold quantity, the RMP Reporting Center will inform the owner or operator that reporting of the RMP substance is not required. After notifying the owner or operator, the RMP Reporting Center will process the paper submission in RMP*eSubmit if the owner or operator insists that her or she would like to voluntarily submit the RMP to the EPA.

Alternatively, the owner or operator could informally use EPA’s RMP guidance and the regulatory provisions located at Title 40 Part 68 to prepare a paper RMP or an electronic RMP outside of RMP*eSubmit for the facility. Such paper-based and electronic versions are not considered formal RMP submission methods to the EPA.

Please note that RMP*eSubmit does not permit owners or operators to voluntarily submit RMPs for substances not listed in §68.130.

Additional information is available on how to submit an RMP to EPA.