Learn the Issues
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Are barracks and family housing units on military bases considered public receptors?
Barracks are not considered public receptors, family housing units are. Public receptors include any "offsite residences ... inhabited or occupied by the public at any time without restriction by the stationary source where members of the public could be exposed to toxic concentrations, radiant heat, or overpressure, as a result…
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Are wetlands included in the definition of "environmental receptors"?
No. EPA has defined environmental receptors as natural or state parks, forests, or monuments; officially designated wildlife sanctuaries, preserves, refuges, or areas; and Federal wilderness areas, that are easily identified on local U.S. Geological survey maps (40 CFR §68.3). Therefore, wetlands would not be reported in the hazard assessment under…
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What level of off-site property damage triggers five-year accident history reporting?
What level of off-site property damage triggers reporting? Any level of known offsite property damage triggers inclusion of the accident in the five-year accident history. You are not required to conduct a survey to determine if such damage occurred, but if you know, or could reasonably be expected to know…
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When part of a site is sold, what facility ID number is used?
If a site is divided up as part of a sale and part of the site is kept by the original owner and the remainder is sold or leased, what facility ID is used? The section of the site that is retained by the original owner will keep the original…
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Are releases under prior ownership included in the five-year accident history?
Documentation of a five-year accident history is required as part of the hazard assessment under 40 CFR Section 68.42. Should a stationary source subject to the risk management program regulations report as part of the five-year accident history any accidents that occurred when the facility was under prior ownership? Yes…
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Do I need to report releases for processes that have shut down?
A process involving a regulated substance had an accidental release with off-site consequences two years ago. The process has been shut down. Do I have to report anyway? No. The release does not have to be reported in your accident history. Your Risk Management Plan only needs to address operating…
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Are roads considered public receptors?
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). One of those criteria is that the distance to a toxic or flammable endpoint for a worst-case release assessment is less than the distance…
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Active mitigation systems (e.g., scrubbers) and alternative release scenarios
I run a wastewater treatment plant that is subject to the risk management program regulations in 40 CFR Part 68 for a covered process containing chlorine. A chlorine scrubber system at the plant is designed to prevent any possible releases from reaching a toxic endpoint offsite. How does this active…
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Withdrawal of an erroneous RMP submission
What should a facility do if it submitted a risk management plan (RMP) but later discovers that it was never subject to the risk management program requirements? If a facility discovers that it submitted an RMP in error and was never subject to the risk management program regulations, it should…
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Process that meets Program 1 requirements and Program 3 applicability
Program 3 applies to processes in certain NAICS codes as well as any process subject to the OSHA Process Safety Management (PSM) standard, unless the process is eligible for Program 1. If a process meets the requirements of Program 1, but is also in NAICS code 32211 (one of those…
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Is the RMP submission date the postmark date or EPA's receipt?
Initial RMPs must be "submitted" by a certain date, and RMPs must be updated at least every five years from the date of its submission. What constitutes "submission" for purposes of meeting and determining these deadlines - postmarking the RMP or EPA's receipt of the RMP by the due date…
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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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Does "consider off-site consequences" mean perform an environmental impact assessment?
What does EPA mean by “consider offsite consequences”? Do we have to do an environmental impact assessment (EIA)? EPA does not expect you to do an EIA. Potential consequences to the public and the environment are already analyzed in the offsite consequence analysis. In the PHA, EPA only expects you…
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Worst case release scenario for toxic and flammable substances in same Program 1 process
Under the risk management program regulations in 40 CFR Part 68, if a Program 1 process contains a threshold amount of both a regulated toxic substance and a regulated flammable substance, should a worst case release scenario be analyzed for each of the substances in the process? Yes, a worst…
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Worst-case release scenarios for toxics and flammables in same process
The owner or operator of a stationary source subject to the risk management program regulations must analyze the worst-case release scenario involving a Program 2 or 3 process containing a regulated flammable substance and the worst-case release scenario involving a Program 2 or 3 process containing a regulated toxic substance…
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Definition of off-site for identifying public receptors
My processes are fenced, but my offices and parking lot for customers are not restricted. What is considered offsite? What is considered a public receptor? The unrestricted areas would be considered offsite. However, they would not be public receptors because you are responsible for the safety of those who work…
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Intended Sulfur Dioxide Area Designations – August 2017
Recommendations for Areas to be Designated “Nonattainment” for the 2010 National Air Quality Standard for Sulfur Dioxide
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Do the quantities of interconnected vessels need to be aggregated for the worst-case release scenario analysis?
Pursuant to the risk management program regulations, facilities must perform an offsite consequence analysis for the worst-case release scenario. Do the quantities of two separate vessels that are interconnected with a closed valve need to be aggregated for the worst-case release scenario analysis? No. Worst-case release is defined as the…
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Do exemptions for gasoline and hydrocarbon mixtures apply to toxic substances?
The amendments to the List Rule ( 63 FR 640; January 6, 1998) added exemptions from threshold determination for regulated substances in gasoline that is in distribution or related storage for use as fuel for internal combustion engines, and for regulated substances in naturally occurring hydrocarbon mixtures prior to processing…
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Who should sign the certification statement?
The owner or operator of a stationary source must submit in the RMP a statement certifying that the RMP is accurate and complete (40 CFR §68.185). Who should sign this certification statement? EPA has not promulgated regulations under 40 CFR Part 68 specifying who must sign the certification statement nor…
