The regulations in 40 CFR §§68.58 and 68.79 require the owner or operator of facilities to conduct and document compliance audits at least every three years, although an owner or operator is not required to conduct a compliance audit prior to submitting a facility’s first RMP. Must an owner or operator conduct and document a compliance audit at the time of an update required under §68.190 if the update is made within three years of the original RMP submission?

The owner or operator must conduct a compliance audit within three years of the original submission date and at least every three years thereafter.

A newly-regulated facility may update (§68.190) or correct (§68.195) the RMP in the interim without necessarily conducting and documenting a compliance audit. All updates (§68.190) after the three-year RMP anniversary date, however, must include the date of the most recent compliance audit and the expected date of completion of any changes resulting from the compliance audit.