As we sit and position ourselves to get ready for the 2019 calendar year, we have to ask ourselves if we ready for the implementation of 3rd party compliance audits when required by the new EPA RMP 40CFR 68. For GCAP, the answer is yes. However, can you say that for you and your company? The exact section of the law that you may want to take a close look at is 68.80(c) and its entirety. GCAP and our auditors meet all the requirements needed by the new law and we could not be in a better position for the new mandated third party RMP compliance audits.
- 68.80(c) Third-party auditor qualifications.
- The owner or operator shall determine and document that the third- party auditor(s) meet the following competency and independence requirements:
- 68.80(c)1 Competency requirements. The third-party auditor(s) shall be:
- Knowledgeable with the requirements of this part;
- Experienced with the stationary source type and processes being audited and applicable recognized and generally accepted good engineering practices; and
- Trained and/or certified in proper auditing techniques.
- 68.80(c)2 Independence requirements. The third-party auditor(s) shall:
- Act impartially when performing all activities under this section;
- Receive no financial benefit from the outcome of the audit, apart from payment for auditing services. For purposes of this paragraph, retired employees who otherwise satisfy the third-party auditor independence criteria in this section may qualify as independent if their sole continuing financial attachments to the owner or operator are employer-financed or managed retirement and/or health plans;
- Not have conducted past research, development, design, construction services, or consulting for the owner or operator within the last two years. For purposes of this requirement, consulting does not include performing or participating in third-party audits pursuant to §68.59 or §68.80. An audit firm with personnel who, before working for the auditor, conducted research, development, design, construction, or consulting services for the owner or operator within the last two years as an employee or contractor may meet the requirements of this subsection by ensuring such personnel do not participate in the audit, or manage or advise the audit team concerning the audit;
- Not provide other business or consulting services to the owner or operator, including advice or assistance to implement the findings or recommendations in an audit report, for a period of at least two years following submission of the final audit report;
- Ensure that all third-party personnel involved in the audit sign and date a conflict of interest statement documenting that they meet the independence criteria of this paragraph
- The third party audit will be required on the following timeline/reasons
- Within 12 months of an accidental release (an unanticipated emission of a regulated substance into the ambient air from a stationary source)
- EPA mandated third party audit to be performed due to the condition of the facility
- and/or when previous 3rd party audit failed to meet the competency requirements or independence criteria required.
If you need help understanding any part of the new law you can give us a call @ 620.271.0037 or shoot us an email to ammonia@pld.com Right now is the time to start preparing for the new generation audits. We thank you for allowing GCAP to be your partner during this transition. Thank you all for you past support and we look forward to assisting in your compliance needs. If you would like more info about our audit please give us a call or visit this link
