EPA is actively conducting on-site inspections focused on RMP and EPCRA compliance, and facilities receiving a Notice of On-Site Compliance Inspection (NOCI) must act smartly. Recent notices show that EPA is pairing short lead times with broad document requests, planning multi-day inspections, and undertaking close review of Program 3 accident prevention requirements.

For facilities with regulated substances such as anhydrous ammonia or chlorine above threshold quantities, treat a NOCI as an immediate priority. EPA’s current inspection approach involves extensive pre-inspection document production, employee and union notice requirements, facility tours and likely follow-up requests. Organize responses and preparation with care under direction of counsel.

Key takeaways include:

• Act immediately. Send the NOCI to environmental counsel the same day and consider requesting from EPA a written extension for document production.
• Protect employee participation rights. Post the notice, provide copies to employee representatives where required, and document those steps.
• Use EPA’s Program 3 checklist carefully. It can help organize, but facilities should avoid creating a roadmap to alleged noncompliance.
• Manage response to EPA’s broad training-record form. Facilities may consider asking EPA to narrow requests to specific SOPs, roles, or sample personnel.
• Preserve CBI protections. Confidential Business Information claims should be made at the time documents are submitted.

Read the full alert for a real time practical guide to preparing for, managing, and following up after on this inspection activity.