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  • Definition of off-site for identifying public receptors

    My processes are fenced, but my offices and parking lot for customers are not restricted. What is considered offsite? What is considered a public receptor? The unrestricted areas would be considered offsite. However, they would not be public receptors because you are responsible for the safety of those who work…

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  • What measures qualify as "passive mitigation"?

    Passive mitigation is defined in § 68.3 as "equipment, devices, or technologies that function without human, mechanical, or other energy input." Passive mitigation systems include building enclosures, dikes, and containment walls. Measures such as fire sprinkler systems, water curtains, valves, scrubbers, or flares would not be considered passive mitigation because…

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  • Are all covered processes subject to identical risk management program requirements?

    The risk management program regulations in 40 CFR Part 68 are applicable to owners or operators of stationary sources at which more than a threshold quantity of a regulated substance is present in a process (40 CFR Section 68.10(a)). Are all covered processes subject to identical risk management program requirements…

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  • What is the definition of a "technically qualified individual"?

    For the purpose of determining whether more than a threshold amount of a regulated substance is present at a stationary source under 40 CFR Part 68, certain exemptions may apply. One exemption is for regulated substances that are "manufactured, processed, or used in a laboratory at a stationary source under…

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  • Remote coordination with local authorities

    The Risk Management Program regulations require owners and operators of stationary sources to coordinate their response needs annually, or more frequently if necessary, with local emergency planning and response organizations (40 CFR §68.93(a)). If a stationary source is in a remote location and in-person annual coordination is deemed impractical, can…

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  • Certifying RMP process at higher program level

    If a process qualifies as Program Level 1, can a facility designate it as a Program Level 2 or 3 in their Risk Management Plan? No. The owner or operator of a stationary source with a process eligible for Program 1 must certify their Program 1 designation in their Risk…

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  • Is a source in compliance with OSHA's PSM already in compliance with Part 68?

    If a stationary source includes processes that are subject to both the OSHA process safety management (PSM) standard and the Program 3 risk management program requirements, what must the owner or operator of the stationary source do to demonstrate compliance under 40 CFR Part 68? A source owner or operator…

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  • Are different substances aggregated for threshold determinations?

    A toxic substance is never aggregated with a different toxic substance to determine whether a threshold quantity is present. If your process consists of co-located vessels with different toxic substances, you must determine whether each substance exceeds its threshold quantity. A flammable substance in one vessel is never aggregated with…

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  • Are explosives listed regulated substances under CAA 112(r)?

    No. Explosives classified by the Department of Transportation as Class 1, Division 1.1 were initially listed as regulated substances with a threshold quantity of 5,000 pounds because of their potential to cause offsite impacts ( 59 FR 4478 ; January 31, 1994). In accordance with a Settlement Agreement between EPA…

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  • Applicability for piping between companies

    I operate a single covered process on a site owned by a large company. I manufacture a regulated substance that I pipe to the other company for use in its processes. At what point do the piping and substance become part of the other company’s stationary source? The answer will…

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  • Determining thresholds for different chemicals in interconnected vessels

    According to the definition of "process" in 40 CFR §68.3, any group of vessels that are interconnected is considered to be a single process. If a stationary source has two interconnected vessels and one contains 6,000 pounds of butane while the other contains 6,000 pounds of propane, is this a…

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  • Are "tube" trailers considered a single process?

    Tube trailers carry bulk liquids that are stacked in a rack type arrangement on the back of a truck trailer. This arrangement often is used to carry highly hazardous materials such as anhydrous hydrogen chloride. The tubes are manifolded together, but usually only one tube at a time is connected…

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  • Are there any industry exemptions from the risk management program regulations?

    Are there any overall industry exemptions from the Accidental Release Prevention provisions and Risk Management Program regulations? No. However, there are exemptions that are widely applicable and affect many facilities in certain sectors. For example, ammonia used as an agricultural nutrient, when held by farmers, is exempt from part 68…

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  • Owner / Operator Compliance Audit Timeline

    The regulations in 40 CFR §§68.58 and 68.79 require the owner or operator of facilities to conduct and document compliance audits at least every three years, although an owner or operator is not required to conduct a compliance audit prior to submitting a facility’s first RMP. Must an owner or…

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  • Ammonia (concentration 20% or greater) and Ammonia (anhydrous) Alternative Release Scenarios

    Pursuant to the Risk Management Program regulations, the owner or operator shall identify and analyze at least one alternative release scenario for each regulated toxic substance held in a Program 2 or Program 3 process above its threshold (40 CFR §68.28). If a facility has both ammonia and ammonia (anhydrous)…

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