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  • What constitutes "significant property damage on site?"

    Under the hazard assessment requirements at 40 CFR Part 68, Subpart B, the owner or operator of a covered stationary source must document a five-year accident history that includes all accidental releases from covered processes that resulted in deaths, injuries, or significant property damage on site, or known offsite deaths…

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  • Air dispersion models and accounting for multiple vessels

    Must air dispersion models that are used to analyze worst-case release scenarios under 40 CFR §68.25 be able to account for multiple vessels and how those vessels could impact one another in the event of an accidental release? No. Models used for worst-case release scenario analysis do not need to…

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  • Calculating release rates and quantities for alternative release scenarios

    I am working on the alternative release scenario portion of my risk management plan (RMP), as required by 40 CFR §68.28. Specifically, I am trying to calculate my release rate and release quantity values. The final rule does not specify exactly how to calculate these values for the alternative release…

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  • Acid aerosol reducing additive as passive mitigation

    A refinery uses a special proprietary additive to their hydrofluoric acid (HF) alkylation process. This HF additive has shown in tests to significantly reduce aerosol forms of HF during accidental releases, and therefore reduce the distance traveled by HF releases. The additive is present at all times during the alkylation…

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  • Can positive buoyancy models be used?

    Yes, provided there is a basis for use and the owner or operator explains the rationale for use of positive buoyancy models.

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  • Who is responsible for preparing and submitting an RMP for leased propane tanks?

    If an owner of a stationary source leases propane tanks from a gas supplier, who is responsible for preparing and submitting the risk management plan (RMP) addressing the propane tanks? The owner of the stationary source is responsible for preparing and submitting the RMP. The risk management program regulations apply…

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  • Is the off-site death of livestock considered environmental damage?

    Under the hazard assessment requirements of 40 CFR Part 68, Subpart B, an owner or operator must document a five-year accident history including all accidental releases from covered processes that resulted in deaths, injuries, or significant property damage on site, or known offsite deaths, injuries, evacuations, sheltering in place, property…

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  • Are valves in piping considered administrative controls?

    No, administrative controls are written procedures that limit the quantity stored or flowing through the pipes. Valves are considered active mitigation systems.

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  • Who is responsible for preparing and submitting an RMP for a leased stationary source?

    The "owner or operator" of a stationary source with covered processes is required to comply with the risk management program requirements in 40 CFR Part 68. If a stationary source owner leases the source to an operator, who is responsible for submitting the risk management plan (RMP)? Both the owner…

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  • New owner using existing RMP

    If a Risk Management Plan (RMP) facility is sold to a new owner, does the new owner have to develop a whole new RMP? Or can they use the existing RMP? No, a facility does not complete a new RMP as the facility keeps the original EPA Facility ID number…

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  • Aggregating a substance located in multiple processes

    Under 40 CFR Part 68, if multiple processes at a stationary source contain the same regulated substance, must the amounts of the substance in the individual processes be aggregated to determine whether a threshold is exceeded? No. Applicability of the risk management program requirements is based upon the presence of…

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  • NFPA 4 Criteria

    A stationary source has a mixture above the threshold. At standard temperature and pressure, the mixture does not meet the criteria for a National Fire Protection Association flammability rating of 4 (NFPA 4). At elevated temperatures and pressures, however, the mixture meets the NFPA 4 criteria. Is this process covered…

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  • Can the partial pressure exemption be applied to formaldehyde solutions?

    Formaldehyde is not specifically listed with a concentration cutoff, but is listed with the qualifier "solution". Can the partial pressure exemption be applied to formaldehyde solutions? According to 40 CFR §68.115, the amount of any listed toxic substance present in a mixture at a concentration greater than 1% does not…

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  • Ammonia used as agricultural nutrient held by farmers and the general duty clause

    Does the exemption at 40 CFR 68.125 for "ammonia used as an agricultural nutrient, when held by farmers" apply to the CAA Section 112(r)(1) general duty clause? No. The exemption for ammonia held by farmers for use as fertilizer applies only to the provisions of the risk management program regulations…

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  • Applicability for a process at a facility connected to another facility by piping

    The definition of process would seem to say that my process is part of the larger company’s process because they are interconnected. Why can’t the larger company just include my process in its RMP? Your process is not part of the larger company’s stationary source because it does not meet…

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