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  • Do the risk management program regulations cover the loading and unloading of transportation containers?

    Would the risk management program regulations cover the loading and unloading of transportation containers? The definition of stationary source includes transportation containers used for storage not incident to transportation and transportation containers connected to equipment at a stationary source for loading or unloading (40 CFR Section 68.3). In a January…

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  • Which chemicals are covered by the general duty provisions?

    For CAA section 112(r)(1), General Duty, what are the chemicals that are covered? There is no specific list of substances which subject a stationary source owner or operator to the general duty provisions. The general duty provisions apply to owners and operators of all stationary sources which have any "extremely…

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  • How large would a pipe have to be to contain a threshold amount of methane?

    An owner or operator of a stationary source that has more than a threshold quantity of a regulated substance in a process must comply with the requirements in 40 CFR Part 68. How large would a pipe have to be to contain a threshold amount (10,000 pounds) of methane? Assuming…

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  • Can EPA add chemicals to the list of regulated substances under Part 68?

    Can EPA on its own initiative add chemicals to the list, or must it receive a petition from an outside party first and then follow the petition process? EPA may revise the list of regulated substances at the discretion of the Administrator or as a result of petitions. Modifications to…

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  • What is the content of Part 68, Subpart F and when was it promulgated?

    The regulatory text of the June 20, 1996, Risk Management Program Rule ( 61 FR 31668 ) does not include Subpart F. What is the content of Subpart F and when was it promulgated? Subpart F of 40 CFR Part 68 consists of the regulations concerning the list of regulated…

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  • What is the definition of "process"?

    Process, as defined at 40 CFR §68.3, 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. Any group of vessels that are interconnected, or separate vessels that are located such that a regulated substance could…

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  • What is the definition of a retail facility?

    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 a retail facility for the purposes of this exclusion? A…

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  • What does "contiguous property" mean?

    Property that is adjoining. Public rights-of-way (e.g., railroads, highways) do not prevent property from being considered contiguous. Property connected only by rights-of-way are not considered contiguous (e.g., two plants with a connecting pipeline).

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  • Do exemptions for gasoline and hydrocarbon mixtures apply to toxic substances?

    The amendments to the List Rule ( 63 FR 640; January 6, 1998) added exemptions from threshold determination for regulated substances in gasoline that is in distribution or related storage for use as fuel for internal combustion engines, and for regulated substances in naturally occurring hydrocarbon mixtures prior to processing…

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  • Who is responsible for preparing and submitting an RMP for a leased stationary source?

    The "owner or operator" of a stationary source with covered processes is required to comply with the risk management program requirements in 40 CFR Part 68. If a stationary source owner leases the source to an operator, who is responsible for submitting the risk management plan (RMP)? Both the owner…

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  • Aggregating a substance located in multiple processes

    Under 40 CFR Part 68, if multiple processes at a stationary source contain the same regulated substance, must the amounts of the substance in the individual processes be aggregated to determine whether a threshold is exceeded? No. Applicability of the risk management program requirements is based upon the presence of…

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  • NFPA 4 Criteria

    A stationary source has a mixture above the threshold. At standard temperature and pressure, the mixture does not meet the criteria for a National Fire Protection Association flammability rating of 4 (NFPA 4). At elevated temperatures and pressures, however, the mixture meets the NFPA 4 criteria. Is this process covered…

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  • Can the partial pressure exemption be applied to formaldehyde solutions?

    Formaldehyde is not specifically listed with a concentration cutoff, but is listed with the qualifier "solution". Can the partial pressure exemption be applied to formaldehyde solutions? According to 40 CFR §68.115, the amount of any listed toxic substance present in a mixture at a concentration greater than 1% does not…

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  • Ammonia used as agricultural nutrient held by farmers and the general duty clause

    Does the exemption at 40 CFR 68.125 for "ammonia used as an agricultural nutrient, when held by farmers" apply to the CAA Section 112(r)(1) general duty clause? No. The exemption for ammonia held by farmers for use as fertilizer applies only to the provisions of the risk management program regulations…

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  • Applicability for a process at a facility connected to another facility by piping

    The definition of process would seem to say that my process is part of the larger company’s process because they are interconnected. Why can’t the larger company just include my process in its RMP? Your process is not part of the larger company’s stationary source because it does not meet…

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