What is an EAP and an ERP?
John K. Carroll III
Associate Managing Director at Witt O'Brien's, LLC, Part of the Ambipar Group
(This article was written without AI tools, i.e., ChatGPT.)
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The acronyms in today’s article title are almost always misused when describing plans; however, the names don’t make the plan. I’ll get back to that claim in a second.
First, let’s be clear on what these acronyms stand for in an industry context. EAP stands for Emergency Action Plan, and ERP stands for Emergency Response Plan. Today’s conversation specifically addresses the two plan types in terms of agency requirements. The Occupational Safety and Health Administration’s (OSHA) Process Safety Management (PSM) program requires an EAP, while the Environmental Protection Agency’s (EPA) Risk Management Plan (RMP) program requires an ERP.
With this clarification, let’s explain why "the names don’t make the plan." Both acronyms are used interchangeably in industry and to describe any plan, whether regulatory or best practice, that spells out a facility’s emergency response program. I have never seen an auditor complain about the plan titles. When deficiencies are found, they are centered around plans that are missing discussions required by the regulations noted below.
Are the requirements different? Yes, but not by much. The main difference is that OSHA’s EAP is focused on personnel safety inside the fence line, and EPA’s ERP is focused on the environment outside the fence line and personnel safety.
Here is how the two rules read:
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1910.38(a) - Application. An employer must have an emergency action plan whenever an OSHA standard in this part requires one. The requirements in this section apply to each such emergency action plan.
1910.38(b)- Written and oral emergency action plans. An emergency action plan must be in writing, kept in the workplace, and available to employees for review. However, an employer with 10 or fewer employees may communicate the plan orally to employees.
1910.38(c) - Minimum elements of an emergency action plan. An emergency action plan must include at a minimum:
1910.38(c)(1) - Procedures for reporting a fire or other emergency;
1910.38(c)(2) - Procedures for emergency evacuation, including type of evacuation and exit route assignments;
1910.38(c)(3) - Procedures to be followed by employees who remain to operate critical plant operations before they evacuate;
1910.38(c)(4) - Procedures to account for all employees after evacuation;
1910.38(c)(5) - Procedures to be followed by employees performing rescue or medical duties; and
1910.38(c)(6) - The name or job title of every employee who may be contacted by employees who need more information about the plan or an explanation of their duties under the plan.
1910.38(d) - Employee alarm system. An employer must have and maintain an employee alarm system. The employee alarm system must use a distinctive signal for each purpose and comply with the requirements in § 1910.165.
1910.38(e) - Training. An employer must designate and train employees to assist in a safe and orderly evacuation of other employees.
1910.38(f)- Review of emergency action plan. An employer must review the emergency action plan with each employee covered by the plan:
1910.38(f)(1) - When the plan is developed or the employee is assigned initially to a job;
1910.38(f)(2) - When the employee's responsibilities under the plan change; and
1910.38(f)(3) - When the plan is changed.
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(a) The owner or operator shall develop and implement an emergency response program for the purpose of protecting public health and the environment. Such program shall include the following elements:
(1) An emergency response plan, which shall be maintained at the stationary source and contain at least the following elements:
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(i) Procedures for informing the public and the appropriate Federal, State, and local emergency response agencies about accidental releases, including partnering with these response agencies to ensure that a community notification system is in place to warn the public within the area potentially threatened by the accidental release. Documentation of the partnership shall be maintained in accordance with § 68.93(c);
(ii) Documentation of proper first-aid and emergency medical treatment necessary to treat accidental human exposures; and
(iii) Procedures and measures for emergency response after an accidental release of a regulated substance;
(2) Procedures for the use of emergency response equipment and for its inspection, testing, and maintenance;
(3) Training for all employees in relevant procedures; and
(4) Procedures to review and update, as appropriate, the emergency response plan to reflect changes at the stationary source and ensure that employees are informed of changes. The owner or operator shall review and update the plan as appropriate based on changes at the stationary source or new information obtained from coordination activities, emergency response exercises, incident investigations, or other available information, and ensure that employees are informed of the changes.
(b) A written plan that complies with other Federal contingency plan regulations or is consistent with the approach in the National Response Team's Integrated Contingency Plan Guidance (“One Plan”) and that, among other matters, includes the elements provided in paragraph (a) of this section, shall satisfy the requirements of this section if the owner or operator also complies with paragraph (c) of this section.
(c) The emergency response plan developed under paragraph (a)(1) of this section shall include providing timely data and information detailing the current understanding and best estimates of the nature of the release when an accidental release occurs and be coordinated with the community emergency response plan developed under 42 U.S.C. 11003. The owner or operator may satisfy the requirement of this paragraph (c) through notification mechanisms designed to meet other Federal, State, or local notification requirements, provided the notification meets the requirements of this paragraph (c), as appropriate. Upon request of the LEPC or emergency response officials, the owner or operator shall promptly provide to the local emergency response officials information necessary for developing and implementing the community emergency response plan.
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In my experience, when most companies develop a response program, they address both planning requirements. It has become a form of best practice to do so. A key thing to remember, whether you are regulated by PSM or RMP, is that when you are developing your response plan, you call out the citation you are addressing in the plan and include a cross-reference that shows where you have addressed each planning requirement. To develop a “Best Practice” plan, I always advise my clients to address both these planning requirements at a minimum, as together, they provide a robust and streamlined response outline.
There you have it—two three-letter acronyms that are essentially the same but, by rule, are different.
Another acronym worth mentioning today is FRP (Facility Response Plan). FRPs are associated with the Oil Pollution Act of 1990 (OPA90). FRPs, though, are extensive and robust response plans (EAPs/ERPs are generally under 100 pages, while FRPs are usually over 300 pages). To learn more about how EAPs differ from FRPs, read this article: EAP vs. FRP: Doesn’t my FRP address this already? (OSHA-OPA90 Discussion).
You may also have heard the term ICP associated with OPA90. ICP stands for Integrated Contingency Plan. An ICP is not a regulatory document driven by any rule. ICP is a term used when plans combine two or more regulatory documents. Hence, the term integrated. It is most often used with OPA90 plans, as most companies will combine their Spill Prevention, Control, and Countermeasure (SPCC) Plans with their FRPs. Companies regulated by multiple agencies under OPA90 often combine all agency requirements in one plan that integrates multiple rules, the ICP.
Another acronym that many confuse is ERAP. ERAP, which stands for Emergency Response Action Plan, is neither a rule nor a plan. ERAPs are a requirement of FRPs that are essentially tactical “Cliff Notes.” No rule says you must develop an ERAP in a vacuum. Instead, some rules say you must create an FRP, and the ERAP is just a section within the FRP.
This is not meant as part of today’s discussion, but if you are not clear on the PSM and RMP programs, here’s a summary article: RMP vs. PSM—EAP vs. ERP—The Confusion.
Have you ever been confused about what all the acronyms in the mid-stream world stand for? If you have, you are not alone. Here’s a short article that spells out the common ones generally associated with applicable regulations that impact mid-stream. What do all these acronyms mean? – Midstream Compliance
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Do you need help writing or editing your response plans or support with PSM and RMP? Witt O’Brien’s has years of experience supporting companies nationally with these programs.
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For a complete listing of archived articles and compliance insights, click here. Past articles cover training requirements, clarification of additional unclear elements within the above rules, and more.
We are here to help solve your compliance questions and challenges. If you need compliance assistance or have questions, please email John K. Carroll III ([email protected]), Associate Managing Director – Compliance Services, or call +1 954-625-9373.
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