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  • Products authorized for use on oil discharges

    Does EPA maintain a list of products that are authorized for use on oil discharges? If so, how can a manufacturer have their product included on the list? Section 311(d)(2)(G) of the Clean Water Act (CWA) directs EPA to prepare a schedule of dispersants, other chemicals, and oil spill mitigating…

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  • FRP Availability

    Are Facility Response Plans (FRPs) available to the public? FRPs are submitted to the appropriate EPA Region dependent on the location of the facility. Local Emergency Planning Committees (LEPC) and State Emergency Response Commissions (SERCs) may request a copy of the FRP from an owner or operator. FRPs are generally…

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  • What milk and milk products are covered by the Milk and Milk Product Containers, Associated Piping and Appurtenances Exemption?

    The exemption will cover all containers, piping and appurtenances of milk and milk products. For example, milk products include cheeses, yogurts and ice cream. Additionally, transfers and milk handling associated with these containers and appurtenances are exempt from the SPCC requirements.

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  • Certifying Official Qualifying Criteria

    The owner or operator of a stationary source must complete a statement certifying that the risk management plan (RMP) is accurate and complete (40 CFR §68.185), a function performed by the Certifying Official through RMP*eSubmit. Are there criteria for qualifying as a Certifying Official when submitting an RMP in RMP*eSubmit…

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  • Can I submit a plan that includes substances not currently present at the facility?

    Can an RMP regulated facility submit a Risk Management Plan (RMP) that includes substances not held at the facility at the time of submission? Yes. Predictive filing is an option that allows owners and operators of facilities whose operations involve highly variable types and quantities of regulated substances (e.g., chemical…

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  • Is classified information exempt from inclusion in the risk management plan (RMP) under 40 CFR Part 68?

    Yes. Part 68 does not require disclosure of classified information in violation of federal laws, regulations, or executive orders ( 61 FR 31695 ; June 20, 1996). The regulations clearly state that the RMP will exclude classified information (40 CFR §68.150(d)). Classified data or information excluded from the RMP may…

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  • Submitting Annual Certification for Operating Procedures to EPA

    The owner or operator of a facility who must prepare a Risk Management Plan (RMP) for a Program 3 process is required to develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with the process safety information (40 CFR…

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  • Updating RMP with Change in Ownership

    Pursuant to the risk management program regulations in 40 CFR §68.10, an owner or operator of a stationary source that has more than a threshold quantity of a regulated substance in a process must prepare a risk management plan (RMP). If a facility changes owner, but the manufacturing operations have…

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  • RMP Executive Summary Elements

    The owner or operator of a stationary source subject to 40 CFR Part 68 must include an Executive Summary in their Risk Management Plan. What elements must be included in the RMP Executive Summary? Pursuant to 40 CFR §68.155, the Executive Summary must briefly describe the following: accidental release prevention…

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  • Is the EPA Facility Identifier number the same as the RCRA ID number?

    Owners or operators of a facility subject to the risk management program regulations must include an EPA Facility Identifier number (EPA Facility ID) in their risk management plan (RMP) (40 CFR §68.160(b)(8)). Is this ID number the same as a facility's RCRA ID number? The RMP Facility Identifier is a…

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  • If a facility moves (their address changes) is it assigned a new RMP Facility ID?

    Yes. The facility is treated as a new facility and would be assigned a new number by EPA.

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  • Submitting a partial RMP

    Can a facility submit a partial risk management plan (RMP) (e.g., using the predictive filing option) and then update the plan when all elements of the RMP can be implemented? No. Facilities should not attempt to submit partial risk management plans (the RMP*eSubmit software will not allow incomplete RMPs to…

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  • Can a containment wall be constructed out of concrete blocks?

    Yes. SPCC regulations do not mandate design specifications, rather, they are performance based. Therefore, a containment wall may be of any construction type, material, or design, assuming it meets the performance standards and requirements of Part 112. Regional offices can help determine whether individual containment equipment meets the performance standards…

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  • Qualifying criterion for qualified oil-filled operational equipment

    What is the qualifying criterion for the option for qualified oil-filled operational equipment? Equipment is eligible if the facility did not discharge from any oil-filled operational equipment (1) more than 1,000 U.S. gallons of oil in a single discharge to navigable waters, or (2) discharge more than 42 U.S. gallons…

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  • For SPCC training purposes, who is considered oil-handling personnel?

    Pursuant to 112.7(f)(1), the owner or operator of a facility subject to the SPCC regulations must train oil-handling personnel in the operation and maintenance of equipment, discharge procedure protocols, applicable pollution control laws, rules and regulations, general facility operations and the contents of the facility SPCC Plan. For the purposes…

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