Search Frequent Questions

Filter By:

Active filters:

Remove all filters

Displaying 1 - 15 of 161 results

  • CFAT Impacts on EPCRA and RMP

    The Department of Homeland Security’s Chemical Facility Anti-Terrorism Standards (CFATS) impose comprehensive federal security regulations for high-risk chemical facilities. Do the CFATS alter the requirements that apply to a facility covered under both CFATS and either the Emergency Planning and Community Right-to-Know Act (EPCRA) or the Clean Air Act section…

    • Last published:

  • EPCRA Reporting Mechanisms for Protecting Sensitive Business Information

    Does EPCRA provide any mechanisms for facilities that must submit Tier II inventory information to protect sensitive business information? Trade secret and confidential location information (CLI) are two separate confidentiality provisions under EPCRA. Trade secret claims made under EPCRA Sections 303, 311, 312, or 313 allow facilities to claim the…

    • Last published:

  • Hot Work Definition and Requirements

    Facilities subject to the Program 3 Prevention Program requirements in 40 CFR Part 68 must include in their Risk Management Plan the date of the most recent review or revision of hot work permit procedures in Section 7.13. What is considered hot work and what are the requirements related to…

    • Last published:

  • Do I have to conduct incident investigations of releases resulting from theft?

    The incident investigation provisions of 40 CFR Part 68 (§§68.60 and 68.81) require facilities to investigate incidents that resulted in or could reasonably have resulted in a catastrophic release. Are covered facilities required to perform incident investigations of releases resulting from theft of covered substances, such as anhydrous ammonia? If…

    • Last published:

  • Do Program 1 processes have to complete a process hazard analysis?

    Do owners or operators of Program 1 processes have to complete a process hazard analysis? No. The Program 1 requirements do not include a process hazard analysis (40 CFR §68.12(b)). Program 3 processes require completion of a process hazard analysis (40 CFR §68.12(d)(3)) while Program 2 processes must complete a…

    • Last published:

  • Is a hazard review synonymous with a process hazard analysis (PHA)?

    The prevention program requirements under 40 CFR Part 68, Subparts C and D, include hazard reviews and process hazard analyses. Is a hazard review synonymous with a process hazard analysis (PHA)? No. A hazard review is different from a PHA. A hazard review is part of the Program 2 prevention…

    • Last published:

  • How often must compliance audits be performed?

    How often must owners or operators of stationary sources subject to the risk management program regulations perform compliance audits? The regulations at 40 CFR §§68.58(a) and 68.79(a) state that owners or operators must certify that they have evaluated compliance with the applicable prevention program provisions at least once every three…

    • Last published:

  • Is it required that the professional engineer conducting the engineering review must be licensed in the state in which the renewable fuel facility is located?

    See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . The licensed professional engineer should comply with the state laws where the renewable fuel facility is located to determine whether or not their license allows them to conduct business in that state.

    • Last published:

  • I have not seen a reference to the EPA CDX system. Is the CDX system already established or can we submit reports in our choice of electronic formats?

    See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . The Central Data Exchange (CDX) is an established portal through which electronic data are submitted. All registered parties will have to first register with CDX in order to receive a CDX registration number. More information may be found…

    • Last published:

  • May I generate RINs that I produced and sold for non-road use in the past so that I can reinstate those RINs under RFS2?

    See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Section 80.1426(c)(2) provides that RINs are assigned to a volume of renewable fuel when ownership of the RIN is transferred along with ownership of the volume of renewable fuel. A comparable provision appear in the RFS1 regulations, at…

    • Last published:

  • Do I have to register to use CDX and is this a separate registration process?

    See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . You will have to register with CDX. (Registering with CDX is not the same as registering under regulation Section 80.1150.) Instructions are available via our Reporting for Fuel Programs web site. Question and Answer was originally posted at…

    • Last published:

  • How will the volume of corn ethanol produced above the grandfathering threshold be treated?

    See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . For grandfathered facilities, only the baseline volumes are exempt from the 20 percent GHG reduction requirement Thus, RINs may be generated for baseline volumes of fuel regardless of lifecycle greenhouse gas emissions performance. Volumes of fuel produced above…

    • Last published:

  • Was Jatropha analyzed for this final rule and, if so, what D-code applies?

    See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . The GHG emissions performance of a Jatropha-based pathway was not analyzed for the final rule because sufficient information was not available. Since EPA has not yet assigned a D code for this pathway, a producer cannot generate RINs…

    • Last published:

  • Do grandfathered facilities have an additional 6 months to submit their engineering reviews to EPA?

    See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Yes. In the preamble to the final RFS2 regulations at 75 Fed. Regs. 14709 (March 26, 2010), EPA stated that, in an effort to reduce demand on engineering resources in the interim between promulgation of the rule and…

    • Last published:

  • May records, regardless of whether they are paper or electronic, be stored off-site?

    See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Yes. Refiners, oxygenate blenders and importers must indicate where records will be kept on all facility registrations.(7/1/94) This question and answer was originally posted at Consolidated List of Reformulated Gasoline and Anti-Dumping Questions and Answers: July 1, 1994…

    • Last published: