Frequent Questions

Updating RMP if substance no longer held in excess of threshold quantity

If a facility had a covered process that was previously subject to the Program 2 or 3 requirements, but no longer holds the regulated substance in excess of the threshold quantity due to a decrease in production or storage, must the facility update its risk management plan (RMP)?

 

If a process no longer exceeds the threshold quantity of a regulated substance as a result of a decrease in production, it is not a covered process. Because a change occurred that altered the program level that applied to the process, the facility owner or operator must update and resubmit its RMP within six months of the change (40 CFR §68.190(b)(7)). If this was the facility's only covered process, the facility must deregister within six months (§68.190(c)).

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