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  • Completing Tier II Forms When Information Has Not Changed

    Pursuant to 40 CFR 370.42(c) and (r) , an owner or operator submitting federal Emergency Planning and Community Right-to-Know Act (EPCRA) Tier II inventory information must indicate if the facility or chemical information is identical to that submitted last year. If the facility or chemical information is the same as…

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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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  • 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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  • Distinction between "process" and "covered process"

    What is the distinction between a "process" and a "covered process" under the risk management program regulations at 40 CFR Part 68? Process means any activity involving a regulated substance, including any use, storage, manufacturing, handling, or on-site movement of such substances, or combination of these activities. A "covered process"…

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  • Threshold determination for mixture containing flammable substance and water

    A stationary source has in a process a mixture containing 9,000 pounds of butane and 1,001 pounds of water. The mixture meets the criteria for a National Fire Protection Association flammability rating of 4 (NFPA 4). Is this process covered under the RMP regulations? Yes. Where the concentration of the…

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  • What is the definition of fuel for the purposes of the fuel exclusion for the risk management program?

    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? The two prongs…

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  • Why did EPA select the twenty percent concentration cut-off value for aqueous ammonia?

    The list of regulated substances in 40 CFR §68.130 includes aqueous ammonia that is at a concentration of 20 percent (by weight) or greater. Why did EPA select 20 percent as the concentration cut-off value? Commonly used commodity solutions of ammonia (which mean the bulk shipments, not bottles of ammonia…

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  • Stationary source subject to OSHA PSM but below EPA threshold

    A stationary source is subject to the OSHA process safety management standard (PSM) because it exceeds the OSHA PSM threshold for chlorine. The stationary source does not, however, exceed the threshold for chlorine (or any other regulated substances) in a process under the Risk Management Program regulations (40 CFR §68.130)…

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  • Amounts of regulated substances in a delivery truck's tank

    My stationary source has a process that contains a maximum of 4,000 lbs. of a regulated substance that has a 5,000 lb. threshold quantity. When the level of the regulated substance in the process reaches 1,000 lbs., a delivery truck comes on site and connects to the process to replenish…

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  • Are chemicals in a tank car exempt from threshold determinations under 40 CFR Part 68?

    The definition of stationary source does not apply to transportation, including storage incident to transportation (40 CFR Section 68.3). Are chemicals in a tank car (e.g., tanker truck or rail car) therefore exempt from threshold determination? The chemicals in the tank car are exempt only if the tank car is…

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  • Are motor fuels exempt from threshold determination?

    Are motor fuels (e.g., gasoline and diesel fuel) exempt from threshold determination? EPA provided a specific exemption from threshold determination for regulated flammable substances in gasoline used as fuel for internal combustion engines. This exemption applies solely to gasoline. However, there is a general exemption from threshold determination for regulated…

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  • Are the risk management program requirements applicable to federal facilities?

    Yes. The requirements at 40 CFR Part 68 are applicable to an owner or operator of a stationary source that has more than a threshold quantity of a regulated substance in a process (40 CFR §68.10(a)). The definition of stationary source includes buildings, structures, equipment, installations, or substance emitting stationary…

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  • Amounts of chlorine present in sodium hypochlorite

    Must the amount of chlorine present in sodium hypochlorite be considered when determining whether a process is subject to the Risk Management Program regulations in 40 CFR Part 68? No. The risk management program regulations apply only to processes that contain more than a threshold quantity of one of the…

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  • Is replacing a process tank considered a modification?

    If an RMP covered facility replaces a storage tank that is a covered process with a new tank containing the same regulated substance, is this considered to be a modification of an existing process, or a new process? Assuming the new tank contains the same substance and occupies the same…

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  • Did the Risk Management Program final rule affect the List Rule?

    Did the Risk Management Program final rule ( 61 FR 31668 ; June 20, 1996) change or affect the January 31, 1994, List of Regulated Substances and Threshold Quantities final rule (59 FR 4478; January 31, 1994)? No. The Risk Management Program final rule did not alter the 1994 "List…

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