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Differences between the risk management program and EPCRA
How do the Clean Air Act (CAA) risk management program requirements differ from the hazardous chemical reporting requirements under the Emergency Planning and Community Right-to-Know Act (EPCRA)? The hazardous chemical reporting requirements under EPCRA §§311 and 312 (40 CFR Part 370) are separate and distinct from those under CAA §112(r)…
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What are the anticipated uses of risk management plans?
What are some of the anticipated uses for the Risk Management Plans (RMPs)? RMPs will be used by many different audiences in many different ways. Industry and trade associations will use RMPs to understand common industry practice and identify practices that could be utilized to reduce risks at facilities. The…
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Are OSHA Voluntary Protection Program facilities exempt from audits?
If we are a Voluntary Protection Program (VPP) facility under OSHA’s VPP program, are we exempt from audits? You are exempt from audits that are based on the accident history of your industry sector or on random, neutral oversight. However, part 68 includes other criteria for deciding what facilities to…
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Correcting RMP with new emergency contact information
Pursuant to the risk management program regulations, the owner or operator of a regulated stationary source is required to submit a correction within one month of any change in the emergency contact information (40 CFR §68.195(b)). What should the owner or operator do for the required correction if they do…
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RMP enforcement powers - states, LEPCs, and fire departments
Would states that have not applied for or received delegation of Clean Air Act 112r/RMP have any enforcement powers? Do LEPCs or fire departments have any enforcement powers? Would this be through the citizen suit provision or is there another statutory mechanism? States that have not applied for or received…
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What are the responsibilities of the Chemical Safety and Hazard Investigation Board?
Section 112(r)(6) of the CAA as amended in 1990 required the President to establish a Chemical Safety and Hazard Investigation Board. Has the Board been established? What are the responsibilities of this Board? The Chemical Safety and Hazard Investigation Board has been established. The Board's responsibilities include investigating chemical accidents…
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State air permitting agency assigning EPA implementation and enforcement
Can a state air permitting agency unilaterally assign to EPA the implementation and enforcement of the requirements of 40 CFR Part 68.215(e)? No, such reassignment of responsibilities can only be achieved by the state entering into a written agreement with the Administrator under which EPA will implement and enforce the…
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RMP Self-Paced Training Courses
Does EPA offer any self-paced training courses covering the Risk Management Program under Clean Air Act Section 112(r)? Yes, EPA Region 7 developed self-paced training modules for facilities with program level 1, 2 or 3 processes. The modules cover topics such as RMP applicability, offsite consequence analysis, 5-year accident history…
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Please provide guidance on how the Agency will interpret the term “minor repair and maintenance activities.”
Answer: “Minor repair and maintenance” is defined in 40 CFR 745.83 as activities that disrupt less than 6 square feet or less of painted surface per room for interior activities or 20 square feet or less of painted surface for exterior activities where none of the work practices prohibited or…
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What RRP requirements apply to a comprehensive renovation project involving the removal and replacement of all interior painted surfaces from target housing or a child-occupied facility?
A project that involves the removal and replacement of all interior painted surfaces but leaves all exterior painted surfaces intact is considered a renovation for RRP purposes. Therefore, all requirements of the RRP Rule apply including, but not limited to, those for firm and renovator certification, containment, waste disposal, cleaning…
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Does the June 18, 2010, announcement mean that EPA will not enforce certification and training requirements until after October 1, 2010, for firms and December 31, 2010, for renovators?
Answer: EPA is not stopping its enforcement against any renovation firms and individual renovators who do not comply with requirements of work practice standards and associated recordkeeping requirements. However, EPA is providing additional time for renovation firms and workers to obtain the necessary training and certifications before enforcement of the…
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Can contractors submit their application to EPA before they complete required training, or must the application be submitted after the training is complete? Is proof of training required by the EPA in order for the contractor's application to be approved?
Answer: The firm certification process does not include the submission of renovator training credentials, so a firm can apply for certification before completing required training. As part of the application, the firm is required to certify it will comply with the requirements of the RRP Rule, including ensuring that all…
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My firm acts as a general contractor - we subcontract the entire renovation job to other companies rather than using our own employees. Under the Renovation, Repair, and Painting (RRP) Rule, does my firm need to have a certified renovator at the job site?
Answer: Not necessarily. All firms performing renovations, including general contractors, must ensure that all individuals performing renovation activities on behalf of the firm are either certified renovators or have been trained by a certified renovator. A firm acting as a general contractor may satisfy this requirement by hiring another certified…
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Does the RRP Rule apply to demolishing and disposing of the following types of structures?
Question: Does the RRP Rule apply to demolishing and disposing of: An entire pre-1978 home or building? An entire, non-attached free-standing structure on the same property such as a garage, shed, or gazebo? An attached but segregated section of pre-1978 home or building such as a sunroom, addition, two-story porch…
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Does the minor maintenance exception mean that if I drill one-inch holes in a painted surface to blow insulation into an enclosed wall cavity, I could drill 864 holes in the interior or 2880 holes on the exterior before I had to comply with the RRP Rule?
The exception is based on the area of paint disrupted, which in this example is based on the combined areas of the holes drilled in the wall. Question Number: 23002-15677 Find a printable PDF copy of all frequent questions pertaining to lead . Other Frequent Questions about the RRP Program…
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