Updating RMP with Change in Ownership

Pursuant to the risk management program regulations in 40 CFR §68.10, an owner or operator of a stationary source that has more than a threshold quantity of a regulated substance in a process must prepare a risk management plan (RMP). If a facility changes owner, but the manufacturing operations have not changed, are they required to update their RMP?

As long as there have not been significant changes associated with the ownership change that would trigger a full update and resubmittal per the criteria listed in 40 CFR §68.190, an update is not required. Clerical errors, minor administrative changes, or changes in ownership when covered process operations do not change should be handled through a correction instead of a full update to the RMP on record. The correction should reflect the current owner by the date ownership changes or when responsibility for operation of the facility is transferred. Corrections resulting from a change in ownership are reflected in the RMP’s registration information section, as per 40 CFR §68.160(b)(20)(ii). If the emergency contact information has changed because of the change in ownership, then the owner or operator must submit a correction of the emergency contact information in the RMP pursuant to 40 CFR §68.195.

Additional information is available on resubmitting, correcting, de-registering or withdrawing an RMP through RMP*eSubmit.