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Displaying 16 - 30 of 54 results
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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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If a certified renovator using an EPA-recognized lead test kit or paint chip sampling determines that the components that will be affected by a renovation are free of lead-based paint, can a firm that does not have RRP certification do the actual renovation work? What record-keeping requirements would apply?
Where a certified renovator performs paint chip sampling or uses an EPA-recognized lead test kit following the lead test kit manufacturer’s instructions, tests each component affected by the renovation, and determines that the components are free of paint or other surface coatings that contain lead at regulated levels, the renovation…
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Is it true that the lead test kits that were recognized by EPA before September 1, 2010, are no longer recognized since that date?
No. The lead test kits that were recognized by EPA before September 1, 2010 did not automatically lose their recognition on September 1, 2010. As discussed in the 2008 Lead Renovation, Repair and Painting (RRP) Rule , prior to September 1, 2010, manufacturers seeking recognition of their lead test kit…
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I am an EPA-certified lead risk assessor. Can I use an EPA-recognized lead test kit when assessing whether or not a pre-1978 home contains lead-based paint for purposes of the RRP Rule?
Answer: Yes. In addition to a certified renovator, a person certified by EPA as a risk assessor or lead inspector may use an EPA-recognized lead test kit to determine that regulated lead-based paint is not present in a home. Such a report can also be used to confirm that the…
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Will there be any Phase Two lead kits approved as a result of EPA’s Environmental Technology Verification (ETV) evaluations?
Answer: Based on the results of the recent ETV evaluations no new lead test kits were approved that meet both the negative response and positive response criteria requirements. However one lead test kit, D-Lead® ,did meet the negative response criterion for drywall, plaster, ferrous metal and wood, and was recognized…
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Naturally Occurring Hydrocarbon Mixtures Exemption
Pursuant to the risk management program regulations under 40 CFR §68.115(b)(2)(iii), regulated substances in naturally occurring hydrocarbon mixtures prior to entry into a natural gas processing plant or a petroleum refining process unit do not need to be considered when determining whether more than a threshold quantity is present at…
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Are facilities that have received ISO 14001 certification exempt from audits?
If we have been audited by a qualified third party, for ISO 14001 certification or for other programs, are we exempt from audits? No. However, you may want to inform your implementing agency that you have gained such certification and indicate whether the third party reviewed Part 68 compliance as…
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Will risk management plan (RMP) submissions be subject to audits?
Will risk management plan (RMP) submissions be subject to audits? If so, who will conduct the audits? Yes. According to 40 CFR §68.220(a), the implementing agency will periodically audit RMPs in order to review their adequacy, and may require revisions of RMPs as necessary to ensure compliance. The implementing agency…
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