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• Hot Work Definition and 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 hot work permit procedures in Section 7.13. What is considered hot work and what are the requirements related to…

  • Last published: May 26, 2024

• Do I have to conduct incident investigations of releases resulting from theft?

  The incident investigation provisions of 40 CFR Part 68 (§§68.60 and 68.81) require facilities to investigate incidents that resulted in or could reasonably have resulted in a catastrophic release. Are covered facilities required to perform incident investigations of releases resulting from theft of covered substances, such as anhydrous ammonia? If…

  • Last published: May 26, 2024

• Do Program 1 processes have to complete a process hazard analysis?

  Do owners or operators of Program 1 processes have to complete a process hazard analysis? No. The Program 1 requirements do not include a process hazard analysis (40 CFR §68.12(b)). Program 3 processes require completion of a process hazard analysis (40 CFR §68.12(d)(3)) while Program 2 processes must complete a…

  • Last published: May 29, 2024

• Is a hazard review synonymous with a process hazard analysis (PHA)?

  The prevention program requirements under 40 CFR Part 68, Subparts C and D, include hazard reviews and process hazard analyses. Is a hazard review synonymous with a process hazard analysis (PHA)? No. A hazard review is different from a PHA. A hazard review is part of the Program 2 prevention…

  • Last published: May 29, 2024

• How often must compliance audits be performed?

  How often must owners or operators of stationary sources subject to the risk management program regulations perform compliance audits? The regulations at 40 CFR §§68.58(a) and 68.79(a) state that owners or operators must certify that they have evaluated compliance with the applicable prevention program provisions at least once every three…

  • Last published: May 28, 2024

• What will constitute a valid electronic signature for electronic submission of reports to EPA?

  See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . EPA will require that each party who wants to report electronically must sign an agreement that the use of electronic reporting methods will be considered equivalent to paper methods and that personal identification numbers assigned by EPA will…

  • Last published: July 23, 2024

• What is the definition of a responsible corporate officer (RCO) who is required to certify some of the submissions involved?

  See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Under § 80.75(n), reports to EPA must be signed and certified as correct by the owner or a responsible corporate officer of the refiner, importer, or oxygenate blender. "Owner" means the person who is the principal owner of…

  • Last published: August 2, 2024

• Could we become the delegated authority for submission of reports on behalf of our members?

  See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Individual blenders could rely on your association to submit reports to EPA on their behalf. . However you should understand that if any reports are not submitted or are submitted improperly then responsibility would fall upon the individual…

  • Last published: August 2, 2024

• By our reading of the regulations, the only reporting required of the oxygenate blender who elects to comply with the oxygen standard on a per gallon basis is a yearly report due the last day of February of each year (beginning in 1996) that states the to

  See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Your interpretation is correct.(10/31/94) This question and answer was originally posted at Consolidated List of Reformulated Gasoline and Anti-Dumping Questions and Answers: July 1, 1994 through November 10, 1997 (PDF) (333 pp, 18.17 MB, EPA420-R-03-009, July 2003, About…

  • Last published: August 2, 2024

• Question 14, Section VI.C., of the July 1, 1994 Question and Answer Document provides an example of the creation and addition of two different batches to form a composite mixture. All or a portion of this composite is shipped as RFG. How will the refinery

  See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Question 14 relates to in-line blending operations that have petitioned EPA for and received an exemption from the independent sampling and testing requirements of the RFG regulations. In such petitions, refiners often define a "batch" of in-line blended…

  • Last published: August 6, 2024

• The batch report requires reporting the volume percent for six oxygenates -methanol, MTBE, ethanol, ETBE, TAME and t-butanol. If a refiner or oxygenate blender uses MTBE or ethanol as an oxygenate, and does not include in its calculation of oxygen weight

  See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Trace amounts of oxygenates that may be present in MTBE or ethanol do not have to be reported. However, where a refiner reports total oxygen weight percent that includes MTBE or ethanol plus other oxygenates in larger than…

  • Last published: August 6, 2024

• Does compliance under OSHA's PSM demonstrate compliance with the risk management program?

  The Clean Air Act Amendments of 1990 (CAAA) mandated the Occupational Safety and Health Administration (OSHA) to develop a regulatory program to protect workers from the risk of accidents that involve hazardous chemicals. OSHA promulgated its Process Safety Management Standard (PSM) on February 24, 1992 (57 FR 6356), codified at…

  • Last published: May 26, 2024

• Applicability of compliance audit provisions to non-prevention program elements

  I have a Program 2 covered process and a Program 3 covered process at my stationary source. I am required (by 40 CFR Section 68.58 and 40 CFR Section 68.79) to certify compliance with prevention program requirements every three years. These compliance audits specifically address the prevention program portions of…

  • Last published: May 29, 2024

• Does a five-year update satisfy the requirement to conduct a compliance audit?

  The owner or operator of a stationary source with a Program 2 or Program 3 process must conduct a compliance audit at least every three years to ensure compliance with the prevention program requirements and must revise and update the risk management plan (RMP) at least every five years (§§68.58…

  • Last published: May 29, 2024

• RMP Program Level 2 and 3 compliance audit frequency

  Pursuant to the risk management program regulations, facilities with Program Level 2 and 3 processes must perform compliance audits at least once every three years (40 CFR §§68.58 and 68.79). Do regulated facilities have to perform the audits within exactly three years or can facilities perform the audits any time…

  • Last published: May 29, 2024