Learn the Issues
-
Are facilities required to use an Integrated Contingency Plan?
A number of federal statutes and regulations require emergency response planning (e.g., risk management planning under the Clean Air Act Section 112(r), contingency planning under RCRA, and facility response planning under the Oil Pollution Act). On June 5, 1996, the National Response Team (NRT), published the Integrated Contingency Plan ("One…
-
Certification Statement for Correction
Does the certifying official have to sign a certification statement for a correction to a Risk Management Plan? If so, does that certification apply to the entire RMP or just for the correction being made? Yes, the certifying official must sign a digital certification statement in RMP*eSubmit, and it will…
-
RMPs for stationary source with multiple program levels
If a stationary source comprises some covered processes that meet the eligibility requirements for one of the three programs (i.e., Program 1, 2, or 3) and some processes that are subject to a different program, must the owner or operator of the source submit multiple risk management plans (RMPs)? No…
-
If a facility changes owners and significant changes have been made to plant operations is the facility required to update all sections of the RMP and resubmit it to EPA?
Yes. If the facility has new ownership and plant operations have changed significantly, the new facility owner/operator needs to do a resubmission. For details on how to resubmit, see the Web page for RMP*eSubmit .
-
How must an owner estimate the population when defining off-site impacts?
How must an owner or operator estimate the population when defining off-site impacts as part of the facility’s risk management plan (RMP)? The owner or operator must estimate the residential population within a circle with its center at the point of the release and a radius determined by the distance…
-
Double wall tanks and "passive mitigation"
Performance of the hazard assessment required under 40 CFR Part 68, Subpart B, includes analysis of both worst-case release scenarios (40 CFR §68.25) and alternative release scenarios (40 CFR §68.28). In each of these analyses, passive mitigation systems may be taken into consideration. If a tank has a "double wall,"…
-
Methods to identify affected populations
As part of the risk management program, a facility owner or operator must prepare an off-site consequence analysis (OCA) and estimate in the risk management plan (RMP) the residential population within the geographical area that could be affected by the hypothetical worst-case or alternative releases that the facility has analyzed…
-
Atmospheric conditions used for off-site consequence analyses
What atmospheric conditions must a source assume when performing the offsite consequence analyses required under 40 CFR Part 68, Subpart B? For the worst-case release analysis, 1.5 meters per second wind speed and F atmospheric stability class must be assumed, unless the stationary source owner or operator can demonstrate that…
-
Program levels and the difference in worst-case release analysis requirements
The preamble to the Risk Management Program Rule ( 61 FR 31668; June 20, 1996 ) states that "one worst-case release scenario will be defined to represent all toxics, and one worst-case release scenario will be defined to represent all flammables held above the threshold at the source" ( 61…
-
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)…
-
Will we be audited if a member of the public requests an audit of our facility?
The implementing agency will have to decide whether to respond to such public requests. EPA’s intention is that part 68 implementation reflect that hazards are primarily a local concern.
-
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…
-
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…
-
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…
-
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…
-
Implementing agency liability for accidents at stationary sources
Are implementing agencies for the risk management program liable for an accident that occurs at a covered stationary source? No. The primary responsibility for accident prevention is the facility's. The Clean Air Act does not assign any liability to the implementing agency (i.e., EPA or state or local government agencies)…
-
Is there a citizen suit provision applicable to RMP?
Is there a citizen suit provision applicable to CAA §112 and the risk management program rule? Yes, section 304 of the CAA includes a citizen suit provision for violations of emission standards or limitations promulgated under the Act.
-
Does EPA have enforcement authority for the risk management program regulations?
Yes. Under §113 of the CAA, the Agency has the authority to bring administrative and judicial actions against violators. Judicial actions can be civil and criminal in nature. Section 113(a)(3) authorizes the Agency to order violators to comply with the risk management program regulations. Under section 113(b), the Agency may…
-
Criteria for selecting stationary sources to audit
What criteria will be used to select stationary sources for periodic compliance audits of risk management plans (RMPs) submitted under 40 CFR Part 68, Subpart G? The implementing agency will, according to the regulations at 40 CFR §68.220(b), select stationary sources for audits based on any of the following criteria…
-
Are there any RMP recordkeeping requirements?
Are there any recordkeeping requirements specified in the risk management program (RMP) regulations in 40 CFR Part 68? The owner or operator of a stationary source that is subject to the RMP regulations must maintain records supporting the implementation of Part 68 for five years (§68.200).