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East Palestine, Ohio Train Derailment
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Renovations Covered by the RRP Rule
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Displaying 1 - 15 of 40 results
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Can a facility divide a process when assigning program levels?
My process includes a series of interconnected units, as well as several storage vessels that are co-located. Several sections of the process could qualify for Program 1. Can I divide my process into sections for the purpose of assigning Program levels? No, you cannot subdivide a process for this purpose…
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If a stationary source has processes ineligible for Program 1, are all processes ineligible?
If a stationary source has several processes that are covered under 40 CFR Part 68, and some of those processes have had an accidental release within the past five years (effectively making those processes ineligible for Program 1 status), are the individual processes from which no accidents have occurred also…
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If a covered process has an accident, when does it lose eligibility for Program 1 status?
A process covered under 40 CFR Part 68 is eligible for Program 1 requirements if it meets all of the criteria listed at 40 CFR §68.10(b). Those criteria include a requirement that the process cannot have had an accidental release of a regulated substance that led to offsite death, injury…
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Applicability of program levels and prevention program requirements for co-located vessels
I have a tank with 1,000,000 pounds of toluene diisocyanate (TDI), which is covered under the RMP rule, but not under OSHA PSM. Considered by itself, the TDI would be Program 2 for EPA. The tank, however, is close to equipment that has chlorine above the applicable threshold and is…
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Changing from a Program 2 or 3 process to a Program 1 process
If five years have passed since the last accident involving a covered process, and that process meets the other two requirements identified under 40 CFR §68.10(b) for Program 1 eligibility, could that process become a Program 1 process even if it had previously been identified as a Program 2 or…
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Can I leave my car or other vehicles on my property while I am away?
The cleaning team will need workspace outside of your home or place of business to set up trailers and equipment. If it is determined that your vehicles need to be moved, you should arrange to temporarily remove them from your property.
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What happens to my belongings during the cleaning?
The items you leave on your property and inside your home or place of business will remain where you left them and will not be removed.
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Are renovations performed on detached garages, sheds and other detached outbuildings on the property subject to the RRP Rule?
Yes. EPA interprets target housing to include pre-1978 buildings or structures that are (1) located on the residential portion of the property, and (2) associated with the residential use of the property. As a practical matter, the entire property of most urban and suburban residential lots is normally considered to…
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How do the RRP requirements apply to renovations on a pre-1978 building that contains both multi-room apartments (i.e., target housing) and zero-bedroom dwellings?
In pre-1978 buildings that contain a mix of target housing and zero-bedroom dwellings, the Lead Renovation, Repair, and Painting (RRP) Rule applies only to renovations performed in target housing and common areas. Common areas are those portions of a property generally accessible to residents/users of target housing, and can exist…
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Does zoning affect the target housing determination? For example, would a pre-1978 house that is zoned for commercial or office use, but used for residential purposes be considered target housing?
In determining whether a pre-1978 property is target housing, it is the actual or intended use of the property that matters, not its zoning classification. Therefore, a pre-1978 house that is used or intended to be used as a residence, even if only temporary, is target housing regardless of its…
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Assigning program level 1 if a public receptors is just beyond distance to endpoint
Our distance to the endpoint for the worst-case release is 0.3 miles. The nearest public receptor is 0.32 miles away. What tools are available to document that the public receptor is beyond the distance to the endpoint so we can qualify for Program 1? The results of any air dispersion…
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Process that meets Program 1 requirements and Program 3 applicability
Program 3 applies to processes in certain NAICS codes as well as any process subject to the OSHA Process Safety Management (PSM) standard, unless the process is eligible for Program 1. If a process meets the requirements of Program 1, but is also in NAICS code 32211 (one of those…
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Can a process qualify for Program 1 if it has had an accident?
A process with more than a threshold quantity of a regulated substance had an accident with off-site consequences three years ago. After the accident, we altered the process to reduce the quantity stored onsite. Now the worst-case release scenario indicates that there are no public receptors within the distance to…
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Program level 1 eligibility and accident history
A process with more than a threshold quantity of a regulated substance had an accident with off-site consequences three years ago. After the accident, we altered the process to reduce the quantity stored on site, although the quantity still exceeds the threshold quantity. Now the worst case release scenario indicates…
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Program level 3 applicability and whether states have delegated OSHA programs
I am a publicly owned facility in a state with a delegated OSHA program. Why are my processes considered to be in Program 3 when the same processes in a state where federal OSHA runs the program are in Program 2? Federal OSHA cannot impose its rules on state or…
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