EPA Risk Management Program (RMP) — 40 CFR Part 68

The regulation was promulgated under Clean Air Act Section 112(r), which directed EPA to establish a program for chemical accident prevention. A facility can be subject to RMP, PSM, both, or neither, depending on the substances handled, the quantities, and the nature of the operation. Facilities subject to both programs typically integrate their compliance efforts to avoid duplicative documentation.

Scope and applicability

RMP applies to stationary sources that have on site more than a threshold quantity of a regulated substance listed in 40 CFR 68.130. The list includes approximately 140 specific substances, each with an assigned threshold quantity. Substances fall into two categories:

• Toxic substances — chemicals posing acute toxicity hazards to human health.
• Flammable substances — chemicals posing fire or explosion hazards.

RMP program levels

RMP sorts covered facilities into three program levels based on complexity and risk:

• Program 1. The simplest category. Applies to processes that have no off-site accident impact, no accident history, and meet specific emergency response criteria. Minimal documentation requirements.
• Program 2. Applies to processes subject to less rigorous requirements than Program 3. Facilities covered by Program 2 must implement a streamlined prevention program.
• Program 3. The most rigorous category. Applies to processes subject to OSHA PSM or in specific NAICS industry codes. Program 3 requirements closely mirror OSHA PSM and include Process Safety Information (paralleling OSHA 1910.119(d)), Process Hazard Analysis (paralleling 1910.119(e)), operating procedures, training, mechanical integrity, management of change, pre-startup review, compliance audits, incident investigation, employee participation, and hot work permits.

Core RMP deliverables

RMP-covered facilities must:

• Identify regulated substances on site and determine threshold applicability.
• Conduct hazard assessments including worst-case and alternative-case release scenarios.
• Implement prevention programs appropriate to the assigned program level.
• Implement an emergency response program.
• Submit an RMP to EPA every five years, or sooner if certain changes occur.

The submitted RMP is a publicly accessible document that summarizes the facility's hazard assessment, prevention program, and emergency response.

The overlap with OSHA PSM

For Program 3 facilities that are also subject to OSHA PSM, the compliance programs are designed to be largely parallel. Process Safety Information, Process Hazard Analysis, Management of Change, Mechanical Integrity, and other elements are substantively the same across the two regulations. Most facilities maintain integrated PSM/RMP programs with a single set of documentation that satisfies both.

Enforcement

RMP is enforced through EPA inspections, civil penalties, and in cases involving releases, potentially criminal penalties under Clean Air Act Section 113. Civil penalty amounts are adjusted annually for inflation under 40 CFR 19.4; facilities should consult current EPA guidance for applicable amounts.

The role of P&IDs in RMP

P&IDs are central to RMP Program 3 compliance in the same way they are central to OSHA PSM. The Process Safety Information requirement under Program 3 explicitly includes P&IDs, and every MOC, PHA revalidation, and mechanical integrity program depends on accurate drawings.