The Risk Management Program regulations require owners and operators of stationary sources to coordinate their response needs annually, or more frequently if necessary, with local emergency planning and response organizations (40 CFR §68.93(a)). Are stationary sources responsible for determining if coordination activities should occur more often than annually?
Ultimate responsibility for compliance rests on the stationary source. For example, if the owner or operator is aware of a change in its capacity to respond, such as a planned layoff of its response personnel, it may be demonstrably necessary for the stationary source to reach out to the local emergency response officials to inform them of the planned change even if they have previously coordinated that year. Nevertheless, for effective coordination, the frequency of coordination should not be left completely up to the source. Working together, the stationary source and local response authorities can choose to coordinate more frequently than annually if necessary (82 FR 4594, 4656; January 13, 2017). For example, if there are changes to the emergency response capacity and plans for the community, the source and the local emergency responders would likely want to have a mechanism in place to ensure coordination at the time or before the change takes place, even if the source and the local emergency responders had previously coordinated that year.