Learn the Issues
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Resubmission of RMP for a facility that previously deregistered
A covered facility deregisters its RMP because it no longer has more than a threshold quantity of a regulated substance in a covered process. If the facility becomes subject to the CAA §112(r) risk management program regulations at a later date and submits a new RMP, should the facility submit…
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If a covered process has an accident, when does it lose eligibility for Program 1 status?
A process covered under 40 CFR Part 68 is eligible for Program 1 requirements if it meets all of the criteria listed at 40 CFR §68.10(b). Those criteria include a requirement that the process cannot have had an accidental release of a regulated substance that led to offsite death, injury…
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After a reportable accident, do I have to revise my RMP?
I recently submitted my five-year RMP update required by section 68.190 (b)(1) and included my accident history for the previous five years. Two months later, we had another reportable accident. Do I have to do anything to revise my RMP? Yes. You must revise your accident history within six months…
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Recommendations for Areas to be Designated Nonattainment for the 2010 National Air Quality Standard for Sulfur Dioxide
Recommendations for Areas to be Designated “Nonattainment” for the 2010 National Air Quality Standard for Sulfur Dioxide
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What does "contiguous property" mean?
Property that is adjoining. Public rights-of-way (e.g., railroads, highways) do not prevent property from being considered contiguous. Property connected only by rights-of-way are not considered contiguous (e.g., two plants with a connecting pipeline).
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Change of owner and RMP facility ID number
If a facility is sold to a new owner, does it keep its' original RMP Facility ID number? Yes. The facility will keep the ID number assigned by EPA.
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Program level 1 eligibility and accident history
A process with more than a threshold quantity of a regulated substance had an accident with off-site consequences three years ago. After the accident, we altered the process to reduce the quantity stored on site, although the quantity still exceeds the threshold quantity. Now the worst case release scenario indicates…
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Can a process qualify for Program 1 if it has had an accident?
A process with more than a threshold quantity of a regulated substance had an accident with off-site consequences three years ago. After the accident, we altered the process to reduce the quantity stored onsite. Now the worst-case release scenario indicates that there are no public receptors within the distance to…
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Does EPA confirm receipt of a facility's RMP?
A facility subject to the risk management program regulations must submit its risk management plan (RMP) to EPA via the RMP*eSubmit system. Does EPA confirm receipt of the facility's RMP? When a facility's certifying official submits a complete RMP to EPA using RMP*eSubmit, the system will automatically generate and send…
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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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What is the definition of a "technically qualified individual"?
For the purpose of determining whether more than a threshold amount of a regulated substance is present at a stationary source under 40 CFR Part 68, certain exemptions may apply. One exemption is for regulated substances that are "manufactured, processed, or used in a laboratory at a stationary source under…
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Can a newly-constructed process that has no accident history qualify for Program 1 status?
The eligibility criteria for Program 1 status under 40 CFR Part 68 include a requirement that the process must not have had an accidental release resulting in serious offsite consequences for the past five years (40 CFR §68.10(b)(1)). Can a newly-constructed process that has no accident history qualify for Program…
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Can a facility divide a process when assigning program levels?
My process includes a series of interconnected units, as well as several storage vessels that are co-located. Several sections of the process could qualify for Program 1. Can I divide my process into sections for the purpose of assigning Program levels? No, you cannot subdivide a process for this purpose…
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When were RMPs initially required to be submitted?
When must the risk management plans (RMPs) required under 40 CFR Part 68, Subpart G, initially be submitted? For chemicals currently listed as regulated substances at 40 CFR §68.130, compliance with the risk management program requirements (including submission of RMPs) is required by June 21, 1999, or the date on…
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Difference between RMP update and RMP correction
What is the difference between an update and a correction to a risk management plan (RMP)? Updates and resubmissions require the owner or operator to review and revise all sections of the RMP as needed to bring the RMP up to date and the submission must be accompanied by a…
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Hot Work Permit Procedures and Date
Stationary sources subject to the Program 3 Prevention Program requirements in 40 CFR Part 68, Subpart D, must include in their Risk Management Plan (RMP) the date of the most recent review or revision of hot work permit procedures in Section 7.13. What are hot work permit procedures and what…
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What is the definition of fuel for the purposes of the fuel exclusion for the risk management program?
A flammable substance listed in 40 CFR §68.130 is excluded from the risk management program regulations when it is used as a fuel or held for sale as a fuel at a retail facility (§68.126). What is the definition of fuel for the purposes of this exclusion? The two prongs…
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If a stationary source has processes ineligible for Program 1, are all processes ineligible?
If a stationary source has several processes that are covered under 40 CFR Part 68, and some of those processes have had an accidental release within the past five years (effectively making those processes ineligible for Program 1 status), are the individual processes from which no accidents have occurred also…
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What do I have to do for material and energy balances?
For new processes, you must document both material and energy inputs and outputs of a process. For example, you would document the quantity of a regulated substance added to the process, the quantity consumed during the process, and the quantity that remains in the output. This requirement will not generally…
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What does "electrical classification" mean?
Equipment and wiring for locations where fire and explosion hazards may exist must meet requirements based on the hazards. Each room, section, or area must be considered separately. Equipment should be marked to show Class, Group, and operating temperature or temperature range. You must determine the appropriate classification for each…