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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…

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  • 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…

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  • 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…

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  • 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…

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  • 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…

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  • Is my home unsafe if it contains lead-based paint?

    Answer: Approximately three-quarters of the nation’s housing built before 1978 contains some lead-based paint. This paint, if properly managed and maintained, poses little risk. If allowed to deteriorate, lead from paint can threaten the health of occupants, especially children under six years old. If families and building owners are aware…

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  • Can the inspection/risk assessment period for testing a house for lead be waived?

    Answer: Yes. The inspection or risk assessment period can be lengthened, shortened, or waived by mutual written consent between the purchaser and the seller. Question Number: 23002-33224 Find a printable PDF copy of all frequent questions pertaining to lead .

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  • As a seller and lessor, what if I'm selling target housing?

    Answer: Property owners who sell target housing must: Disclose all known lead-based paint and lead-based paint hazards in the housing and any available reports on lead in the housing; Give buyers the EPA pamphlet "Protect Your Family from Lead in Your Home"; Include certain warning language in the contract as…

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  • What if the lessor knows that there is no lead-based paint in my rental housing?

    Answer: If your rental housing has been found to be free of lead-based paint by a certified inspector, the Real Estate Notification and Disclosure Rule does not apply. Question Number: 23002-33220 Find a printable PDF copy of all frequent questions pertaining to lead .

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  • What if the buyers/renters don't speak English?

    Answer: In cases where the buyer or renter signed a purchase or lease agreement in a language other than English, the rule requires that the disclosure language be provided in the alternate language. " Protect Your Family From Lead In Your Home " in English. Protect Your Family From Lead…

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  • Will regulated entities have to perform retroactive requirements based off of the November 12, 2024 final rule entitled “Reconsideration of the Dust-Lead Hazard Standards and Dust-Lead Post-Abatement Clearance Levels” (89 FR 89416)?

    Answer: No. The November 12, 2024 final rule entitled “Reconsideration of the Dust-Lead Hazard Standards and Dust-Lead Post-Abatement Clearance Levels” (89 FR 89416) does not impose retroactive requirements to regulated entities that have previously complied with the Disclosure Rule. In accordance with 40 CFR 745.107, a seller or lessor generally…

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  • My neighbor is re-siding and re-roofing his house and there is material all over the ground. Do I need to be worried about asbestos exposure?

    Not all house siding or roofing materials contain asbestos. If you are concerned the material might contain asbestos, you can ask your neighbor whether or not the material has been tested for asbestos. Federal regulations regarding renovations or demolitions of asbestos-containing materials do not apply to a homeowner’s renovation of…

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  • How do I know if I have asbestos in my home (in floor tile, ceiling tile, shingles, siding, etc.)?

    The only way to be sure whether a material contains asbestos is to have it tested by a qualified laboratory. EPA only recommends testing suspect materials if they are damaged (fraying, crumbling) or if you are planning a renovation that would disturb the suspect material. Samples should be taken by…

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  • 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…

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  • 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…

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