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  • Obtaining an RMP ID Number

    How can a facility subject to the Risk Management Plan (RMP) requirements obtain its RMP ID number? The owner or operator of a regulated RMP facility that has already submitted an RMP, may obtain the facility's identification number (RMP ID Number) by contacting the RMP Reporting Center (703-227-7650). An RMP-covered…

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  • Does EPA have enforcement authority for the risk management program regulations?

    Yes. Under §113 of the CAA, the Agency has the authority to bring administrative and judicial actions against violators. Judicial actions can be civil and criminal in nature. Section 113(a)(3) authorizes the Agency to order violators to comply with the risk management program regulations. Under section 113(b), the Agency may…

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  • Criteria for selecting stationary sources to audit

    What criteria will be used to select stationary sources for periodic compliance audits of risk management plans (RMPs) submitted under 40 CFR Part 68, Subpart G? The implementing agency will, according to the regulations at 40 CFR §68.220(b), select stationary sources for audits based on any of the following criteria…

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  • Is there a citizen suit provision applicable to RMP?

    Is there a citizen suit provision applicable to CAA §112 and the risk management program rule? Yes, section 304 of the CAA includes a citizen suit provision for violations of emission standards or limitations promulgated under the Act.

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  • Accessing RMP Data

    Is Risk Management Plan (RMP) data available to the public and, if so, where can it be found? Risk Management Plans (RMPs) prepared and submitted pursuant to CAA section 112(r) are, by statute, available to the public. Members of the general public may obtain RMP data by visiting a designated…

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  • How may state and local rules be more stringent?

    In what ways may state and local rules be more stringent? Does this document ( General Risk Management Program Guidance ) provide guidance on state and local differences? States and localities may impose more detailed requirements, such as requiring more documentation or more frequent reporting, specifying hours of training or…

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  • Underground Storage Tanks in SPCC Plans

    If a gas station that has less than 42,000 gallons completely buried oil storage capacity and no aboveground oil storage capacity installs a new aboveground tank with a capacity greater than 1,320 gallons, must the facility’s Spill Prevention, Control, and Countermeasure (SPCC) Plan address the underground storage tanks (USTs) in…

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  • Container capacity less than 55 gallons

    Do facilities need to consider containers that are less than 55 gallons for applicability under 40 CFR Part 112? No. The third column of page 47066 of the July 17, 2002 Preamble states that "You need only count containers of 55 gallons or greater in the calculation of the regulatory…

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  • Oil-filled equipment capacity

    When counting against the 1,320 aboveground storage capacity threshold, would operational storage of oil (such as in a hydraulic press) be used? Oil which is contained in equipment is required to be factored into the storage capacity for the facility even though the oil may be only used for ancillary…

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  • If your farm does not have fuel storage that will flow into US waters by a ditch, river, stream, or lake, do you have to prepare a SPCC Plan?

    No. EPA suggests you use a common sense approach. If one of your oil storage tanks leaks, and the spilled oil would not flow into navigable waters or adjoining shorelines, you do not have to prepare a Plan. Remember that you still have the responsibility to clean up any spilled…

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  • Ground water pathways related to reasonably expected to discharge

    The SPCC Rule applies to facilities that could reasonably be expected to discharge into navigable waters (40 CFR §112.2(a)). Does a facility need to consider ground water pathways when determining if a discharge of oil could reasonably be expected to reach navigable waters? Owners and operators should consider whether on-site…

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  • SPCC responsibility for tanks on leased property

    What if I leased some parcels, and there are tanks already present? Am I responsible for these tanks? You could be. If you plan to use these tanks, make sure in your lease agreement, it states who is responsible for these tanks. If the lease does not state who is…

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  • Statutory authority and regulatory source for the risk management program

    What is the statutory authority and the regulatory source for the risk management program regulations that are codified in 40 CFR Part 68? The risk management program regulations were promulgated pursuant to the §112(r) accidental release prevention provisions of the Clean Air Act, as amended in 1990. The regulatory sources…

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  • RMP Information Center

    If I have additional questions regarding the RMP regulations, who can I contact via telephone for further assistance? You may contact the EPCRA, RMP & Oil Information Center, a publicly accessible service that provides up-to-date information on the regulatory requirements of the RMP program, including the applicability, program levels, off-site…

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  • How do I determine if my farm could reasonably discharge oil into or upon navigable waters or adjoining shorelines?

    You can determine this by considering the geography and location of your farm relative to nearby navigable waters (such as streams, creeks and other waterways). You should consider if ditches, gullies, storm sewers or other drainage systems may transport an oil spill to nearby streams. Estimate the volume of oil…

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