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  • Definition of Fuel

    A flammable substance listed in 40 CFR §68.130 is excluded from the risk management program regulations when it is used as a fuel or held for sale as a fuel at a retail facility (§68.126). What is the definition of fuel for the purposes of this exclusion? There is no…

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  • Emergency Response Coordination Activities Effective Date

    The RMP Amendments finalized on January 13, 2017 included a requirement for owners or operators of a stationary source to engage in emergency response coordination activities (40 CFR §68.93). The regulatory text in 40 CFR §68.10(b) states that compliance with these activities must be completed by March 14, 2018. Because…

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  • Are exercises required as a part of the emergency response program requirements under 40 CFR Part 68, Subpart E?

    Yes. At least once each calendar year, the owner or operator of a stationary source with any Program 2 or Program 3 process must conduct an exercise of the stationary source's emergency response notification mechanisms per 40 CFR 68.90(b)(3) or 68.95(a)(1)(i), as appropriate, before December 19, 2024, and annually thereafter…

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  • 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 §112(r)…

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  • States with authority to implement / enforce the risk management program rule

    Which states have been granted delegation of EPA's authority to implement and enforce the risk management program rule? The current list of delegated states and counties is: Delaware, Florida, Georgia, Mississippi, New Jersey, North Carolina, North Dakota, Ohio, and South Carolina. Additionally, the following territories and local jurisdictions have delegation…

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  • Certifying Official Qualifying Criteria

    The owner or operator of a stationary source must complete a statement certifying that the risk management plan (RMP) is accurate and complete (40 CFR §68.185), a function performed by the Certifying Official through RMP*eSubmit. Are there criteria for qualifying as a Certifying Official when submitting an RMP in RMP*eSubmit…

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  • Are rivers used for recreation considered "public receptors"?

    A process covered under 40 CFR Part 68 is eligible for Program 1 requirements if it meets all of the criteria listed in 40 CFR §68.10(b). One of those criteria is that the distance to a toxic or flammable endpoint for a worst-case release assessment is less than the distance…

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  • Worst-case release scenarios with gases liquified by refrigeration

    When evaluating the worst-case release scenario for spills of liquid toxic substances, the owner or operator should assume that the maximum quantity within the vessel or pipe was released instantaneously to form a liquid pool (40 CFR §68.25(d)(1)). For regulated toxic substances that are normally gases at ambient temperature, the…

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  • Do environmental receptors include areas that are not Federal Class I areas?

    Do environmental receptors include areas that are not Federal Class I areas under the CAA? Yes. The list of environmental receptors in Part 68 includes areas in addition to those that qualify as Federal Class I areas under CAA section 162. Under Part 68, national parks, monuments, wilderness areas, and…

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  • How did EPA select the list of regulated substances?

    The list of regulated substances under the chemical accident prevention provisions is found in 40 CFR Part 68. How did EPA select the substances to be included in this list? The chemical accident prevention provisions promulgated pursuant to Section 112(r) of the Clean Air Act (CAA) are designed to focus…

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  • Differences in accident history between Program 1 eligibility and the hazard assessment

    Program 1 eligibility under 40 CFR §68.10(b) is contingent upon the process not having had an accidental release of a regulated substance that led to offsite death, injury, or response and restoration activities at an environmental receptor within five years prior to the risk management plan submission. Additionally, as part…

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  • Program 1 Five-year Accident History and Hazard Assessment Differences

    Pursuant to the risk management program regulations under 40 CFR §68.10(b), Program 1 eligibility requires that the process has not had an accidental release of a regulated substance that led to off-site death, injury, or response and restoration activities at an environmental receptor within five years prior to the risk…

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  • Implementing agency liability for accidents at stationary sources

    Are implementing agencies for the risk management program liable for an accident that occurs at a covered stationary source? No. The primary responsibility for accident prevention is the facility's. The Clean Air Act does not assign any liability to the implementing agency (i.e., EPA or state or local government agencies)…

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  • RMP Contractor Related 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 contractor safety procedures in Section 7.14 and the date of the most recent review or revision of contractor safety…

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  • Adding chemicals to list of regulated substances

    CAA §112(r)(3) provides EPA the authority to amend the list of regulated substances. Does EPA expect to add chemicals to the list of regulated substances in the near future? At this time, EPA does not expect to add any chemicals to the list of regulated substances. The statute, however, requires…

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