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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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  • Local meteorological data for alternative release scenarios

    For alternate release scenarios, RMP*Comp uses set values for meteorological conditions like humidity, wind speed, temperature, stability class, and so on. Is there a way to change those values? I want to use meteorology data from my own location. RMP*Comp indeed uses fixed values for certain atmospheric parameters, and does…

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  • Are there any RMP recordkeeping requirements?

    Are there any recordkeeping requirements specified in the risk management program (RMP) regulations in 40 CFR Part 68? The owner or operator of a stationary source that is subject to the RMP regulations must maintain records supporting the implementation of Part 68 for five years (§68.200).

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  • Can I submit a plan that includes substances not currently present at the facility?

    Can an RMP regulated facility submit a Risk Management Plan (RMP) that includes substances not held at the facility at the time of submission? Yes. Predictive filing is an option that allows owners and operators of facilities whose operations involve highly variable types and quantities of regulated substances (e.g., chemical…

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  • Is classified information exempt from inclusion in the risk management plan (RMP) under 40 CFR Part 68?

    Yes. Part 68 does not require disclosure of classified information in violation of federal laws, regulations, or executive orders ( 61 FR 31695 ; June 20, 1996). The regulations clearly state that the RMP will exclude classified information (40 CFR §68.150(d)). Classified data or information excluded from the RMP may…

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  • Double wall tanks and "passive mitigation"

    Performance of the hazard assessment required under 40 CFR Part 68, Subpart B, includes analysis of both worst-case release scenarios (40 CFR §68.25) and alternative release scenarios (40 CFR §68.28). In each of these analyses, passive mitigation systems may be taken into consideration. If a tank has a "double wall,"…

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  • Will we be audited if a member of the public requests an audit of our facility?

    The implementing agency will have to decide whether to respond to such public requests. EPA’s intention is that part 68 implementation reflect that hazards are primarily a local concern.

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  • How must an owner estimate the population when defining off-site impacts?

    How must an owner or operator estimate the population when defining off-site impacts as part of the facility’s risk management plan (RMP)? The owner or operator must estimate the residential population within a circle with its center at the point of the release and a radius determined by the distance…

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  • Submitting Annual Certification for Operating Procedures to EPA

    The owner or operator of a facility who must prepare a Risk Management Plan (RMP) for a Program 3 process is required to develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with the process safety information (40 CFR…

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  • Updating RMP with Change in Ownership

    Pursuant to the risk management program regulations in 40 CFR §68.10, an owner or operator of a stationary source that has more than a threshold quantity of a regulated substance in a process must prepare a risk management plan (RMP). If a facility changes owner, but the manufacturing operations have…

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