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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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  • 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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  • 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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