Learn the Issues
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Release scenarios for substances exhibiting flammability and toxicity
Under the hazard assessment requirements in 40 CFR Part 68, Subpart B, an owner or operator must analyze worst-case release scenarios and more likely alternative release scenarios, and must document a five-year accident history. If a regulated substance exhibits characteristics of both toxicity and flammability, should owners and operators consider…
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No trespassing signs restricted access onsite or offsite public receptor
The definition of public receptor is "offsite residences, institutions (e.g., schools, hospitals), industrial, commercial, and office buildings, parks, or recreational areas inhabited or occupied by the public at any time without restriction by the stationary source ..." Offsite is further defined to include "areas within the property boundary [of the…
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Must I anticipate a specific cause for the worst-case scenario for a toxic substance?
When analyzing the worst-case scenario for regulated toxic substances, must I anticipate a specific cause (e.g., fire, explosion, etc.) of the scenario? No. The worst-case analysis for a release of regulated toxic substances must conform to specific assumptions as identified in § 68.25(c) and (d). Anticipated causes of the release…
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Identifying public receptors and property with restricted access
Does public receptor cover only buildings on a property or the entire property? If the owner of the land next to my site restricts access to the land, is it still a public receptor? Public receptors are not limited to buildings. For example, if there are houses near your property…
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How many worst-case release scenarios must be analyzed and documented in the RMP?
As a part of the hazard assessment requirements in 40 CFR Part 68, Subpart B, I must analyze worst-case release scenarios and document certain analyses in my risk management plan (RMP). How many worst-case release scenarios must be analyzed, and how many analyses must be specifically documented in the RMP…
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Flammable event with different time duration
What if a flammable event has a different time duration than the 5 kw/m2 for 40 seconds? EPA recognizes that flammable events may occur for a different amount of exposure time. Therefore, the owner or operator should determine the distance to an equivalent exposure - e.g. if the flammable event…
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Does the distance to endpoint start at the process or stationary source boundary?
When selecting the worst-case release scenario for Program 2 and 3 processes as required by 40 CFR §68.25, a stationary source owner or operator must analyze the release scenario that results in the greatest distance to an endpoint. Does the "greatest distance to an endpoint" refer to the greatest total…
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Documents on Restoring Detroit River AOC
documents of the actions taken to remove the beneficial use impairments in St. Marys Area of Concern, starting with the remedial action plan and buis removal.
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Do environmental receptors include areas that are not Federal Class I areas?
Do environmental receptors include areas that are not Federal Class I areas under the CAA? Yes. The list of environmental receptors in Part 68 includes areas in addition to those that qualify as Federal Class I areas under CAA section 162. Under Part 68, national parks, monuments, wilderness areas, and…
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Are rivers used for recreation 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 in 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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Remediation and Restoration Projects for Detroit River AOC
Table describing remediation work on the Detroit River AOC..
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What does "control of the same person" mean?
Control of the same person refers to corporate control, not site management. If two divisions of a corporation operate at the same site, even if each operation is managed separately, they will count as one source provided the other criteria are met because they are under control of the same…
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Pierce Lumber, Inc. - Clean Water Act Public Notice
The EPA is providing notice of a proposed Administrative Penalty Assessment against Pierce Lumber, Inc. (“Respondent”), located at 1629 13th Street, Belle Plaine, IA for alleged violations of its National Pollutant Discharge Elimination System permit (perm
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Veris Environmental, LLC - Clean Water Act Public Notice
The EPA is providing notice of the opportunity to comment on a proposed Consent Agreement and Final Order. The EPA proposes to enter into a CAFO with Veris Environmental, LLC (Respondent), located at 53036 Highway 71, Limon, CO 80828, for violations of th
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The Water Works and Sanitary Sewer Board of the City of Montgomery - Clean Water Act Public Notice
The EPA is providing notice of the opportunity to comment on a proposed Consent Agreement and Final Order. The EPA proposes to enter into a CA/FO with Water Works and Sanitary Sewer Board of the city of Montgomery (Respondent), located at 2000 Interstate
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M. Gervich & Sons, Inc. - Clean Water Act Public Notice
The EPA is providing notice of a proposed Administrative Penalty Assessment against M. Gervich & Sons, Inc. (“Respondent”) for alleged violations at its metal scrap recycling business located at 901 East Nevada Street, Marshalltown, IA, 50158 (“Facility”).
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Pyramid Contractors, Inc. - Clean Water Act Public Notice
The EPA is providing notice of a proposed Administrative Penalty Assessment against Pyramid Contractors Inc., a business located at 795 W. Ironwood, Olathe, KS, 66061, for alleged violations at the Ridgeview Road extension project located at Ridgeview Road
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City of Lodi, California - Clean Water Act Public Notice
The EPA is providing notice of a proposed Administrative Penalty Assessment in the form of an Expedited Settlement Agreement (“ESA”) against the city of Lodi, California, for alleged violations associated with the land application of sewage sludge in or ar
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Lario Oil and Gas Company - Clean Water Act Public Notice
The EPA is providing notice of a proposed Administrative Penalty Assessment against Lario Oil and Gas Company, a business located at 301 South Market St., Wichita, KS, 67202, for alleged violations at three oil and gas leases, including the Williamson leas
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Silver Oak, Inc. d/b/a Alice Patricia Homes Residential Development - Clean Water Act Public Notice
The EPA is providing notice of an Administrative Penalty Assessment in the form of an Expedited Storm Water Settlement Agreement against Silver Oak, Inc. d/b/a Alice Patricia Homes Residential Development, a business located at 10430 New York Ave, Suite C,