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  • Compliance date for adding covered processes

    What happens if I bring a new covered process on line (e.g., install a second storage tank) after submitting my original RMP? For a new covered process added after the initial compliance date, you must be in compliance on the date you first have a regulated substance above the threshold…

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  • Covered chemicals and the definition of process

    Does a chemical need to be in a process to be covered by the CAA §112(r) risk management program requirements? The risk management program requirements apply to owners and operators of stationary sources that have more than a threshold quantity of a regulated substance contained in a process (40 CFR…

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  • Entering Alternative Storage Types and Pressure and Temperature Conditions on Tier II Form

    EPA provides a list of storage types and conditions for pressure and temperature in the instructions for the paper Tier II form and as dropdown menus in Tier2 Submit. Are facilities required to use the storage types and conditions that EPA provides, or can facilities provide different values? Facilities are…

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  • Attaching Site Plan Using Tier2 Submit

    Tier2 Submit does allow a user to attach and submit a site plan with the Tier II inventory information. However, before using Tier2 Submit to submit a site plan, the facility should check with the relevant State or Tribal Emergency Response Commission ( SERC or TERC ) and/or their state…

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  • Range Code or Specific Weight for Maximum Amount and Average Daily Amount on Tier II Form

    When submitting Emergency Planning and Community Right-to-Know Act (EPCRA) Section 312 Tier II reports, does the owner or operator of the facility need to enter a specific weight in pounds for the maximum amount and the average daily amount of a certain hazardous chemical present at the facility, or should…

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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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  • 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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  • 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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  • Tier2 Submit validation error due to incorrect CAS number

    What do I do if I get a validation error in Tier2 Submit due to an incorrect Chemical Abstracts Service (CAS) number? Your CAS number should be typed exactly as it appears on the substance's SDS. Review your safety data sheet (SDS) to see if the CAS number was typed…

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