Submitting a partial RMP
Can a facility submit a partial risk management plan (RMP) (e.g., using the predictive filing option) and then update the plan when all elements of the RMP can be implemented?
No. Facilities should not attempt to submit partial risk management plans (the RMP*eSubmit software will not allow incomplete RMPs to be submitted to EPA). Stationary sources are required to be in full compliance with all applicable provisions of 40 CFR Part 68 as soon as more than a threshold quantity of a regulated substance is present in a process. Predictive filing is intended for those facilities that have highly varying inventories (e.g., warehouses) who are able to forecast their inventory with some degree of accuracy. Facilities that use predictive filing must prepare their RMPs and implement their risk management programs on site exactly as if the facility actually held all of the substances included in the RMP.
If a facility is undergoing construction and does not yet have the regulated substance and equipment associated with a process on site, it can wait until it is imminently subject to the rule and then submit a complete RMP. However, as soon as the facility holds a regulated substance above a threshold quantity in a process, it must be in compliance with the rule.