Learn the Issues
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Calculating thresholds for toxic substances with concentration qualifiers
Several toxic substances are listed as regulated substances under 40 CFR §68.130 with concentration qualifiers (e.g., "conc 37% or greater"). What does this concentration mean? When determining whether a threshold amount of these substances exists in a process, should I consider the weight of the entire solution, or simply the…
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Can EPA add chemicals to the list of regulated substances under Part 68?
Can EPA on its own initiative add chemicals to the list, or must it receive a petition from an outside party first and then follow the petition process? EPA may revise the list of regulated substances at the discretion of the Administrator or as a result of petitions. Modifications to…
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Does the chlorine listing apply only to gaseous forms of chlorine?
There is no qualifier attached to the listing for chlorine (40 CFR §68.130). The listing, therefore, applies to chlorine (CAS number 7782-50-5), regardless of physical state.
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How large would a pipe have to be to contain a threshold amount of methane?
An owner or operator of a stationary source that has more than a threshold quantity of a regulated substance in a process must comply with the requirements in 40 CFR Part 68. How large would a pipe have to be to contain a threshold amount (10,000 pounds) of methane? Assuming…
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Is gasoline exempt from the requirements of Part 68?
Is gasoline exempt from the requirements of 40 CFR Part 68? Although gasoline is not specifically listed as a regulated substance under 40 CFR Section 68.130, it may contain one or more regulated substances. On January 6, 1998 ( 63 FR 640), EPA exempted from threshold determination regulated flammable substances…
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If laboratory chemicals are stored outside the laboratory, are they exempt from threshold determination?
Under 40 CFR Part 68, for the purpose of determining whether more than a threshold amount of a regulated substance is present at a stationary source, certain exemptions may apply. One such exemption is provided for "activities in laboratories" (40 CFR §68.115(b)(6)). If laboratory chemicals are stored outside the laboratory…
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Is there an exemption for the atmospheric storage of flammables?
Under OSHA's Process Safety Management Standard, an exemption is provided for atmospheric storage of flammables. Has EPA included this exemption under the risk management program regulations? No. There is no exemption from the risk management program requirements for atmospheric storage of flammable substances because the list of regulated flammable substances…
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Are agricultural facilities subject to the risk management program requirements?
Are agricultural facilities potentially subject to the risk management program requirements in 40 CFR Part 68? Yes. Although there is one specific exemption from the provisions of 40 CFR Part 68 for ammonia held by a farmer for use as an agricultural nutrient (40 CFR §68.125), there is no general…
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Change of Ownership
If a facility that is subject to the risk management program regulations in 40 CFR Part 68 is sold to another owner, is the facility required to make a correction or a full update of its risk management plan (RMP)? If there are no changes in the covered operations at…
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Threshold determination for a single process with oleum and sulfur trioxide
Oleum, which is a mixture of sulfuric acid and sulfur trioxide, is listed as a regulated toxic substance in 40 CFR §68.130. Sulfur trioxide is also listed individually as a regulated toxic substance. If a single process consists of one vessel containing oleum and one vessel containing sulfur trioxide, must…
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Oil Spill Prevention and Preparedness Regulations
Provides facilities with information on the Spill Prevention, Control and Countermeasure (SPCC) Rule and Facility Response Plans (FRP) Rule, including applicability and how to develop a plan.
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Liability of oil retailers at SPCC regulated farm
If a farm is out of compliance of Spill Prevention, Control, and Countermeasure (SPCC) regulations and is checked by EPA and/or has a spill, is the retailer that filled the tank liable? No, EPA considers the oil tank owner responsible for lack of compliance.
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Rainwater in containment system of SPCC regulated farm
What do I do with rainwater that accumulates in my containment system for a farm regulated by the Spill Prevention, Control, and Countermeasure (SPCC) rule? Check the rainwater for any oil, and if no oil is present, this can be released. If there is oil in the water, this water…
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SPCC Rule regulated oil types
What types of oil does the Spill Prevention, Control, and Countermeasure (SPCC) Rule address? The term oil means oil of any kind or in any form, including, but not limited to: petroleum; fuel oil; sludge; oil refuse; oil mixed with wastes other than dredged spoil; fats, oils or greases of…
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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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PE certifying an SPCC plan in a different state
Except as provided in 40 CFR §112.6 for qualified facilities, a licensed Professional Engineer (PE) must review and certify an SPCC Plan for it to be effective to satisfy the requirements of Part 112 (§112.3(d)). When reviewing and certifying a facility’s SPCC Plan, must the PE be licensed in the…
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Hazardous Waste Electronic Manifest System Advisory Board Meeting – “Reengineering Electronic Signatures for Generators and Transporters to Increase Adoption of Electronic Manifests” - April 14-16, 2020
Includes agenda, board roster, presentation, charge questions, background paper and advisory board meeting transcript.
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Commercial Vessel Discharge Standards: Additional Resources
Vessels resources, including permits, newsletters, and trainings.
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EPA Invests in Making America Healthy Again with Announcement of Over $2.1 Million to Improve Drinking Water in Mid-Atlantic States
PHILADELPHIA —Today, U.S. Environmental Protection Agency (EPA) is announcing more than $2.1 million in total grant funding to improve drinking water infrastructure in Delaware, Maryland, Pennsylvania, Virginia, West Virginia and the District of Columbia.
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Managing and Transforming Waste Streams: A Tool for Communities
The Managing and Transforming Waste Streams Tool features 100 policy and program options communities can pursue to increase rates of recycling, composting, waste reduction, and materials reuse across waste stream generators.