Learn the Issues
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RMP Contractor Related Requirements
Facilities subject to the Program 3 Prevention Program requirements in 40 CFR Part 68 must include in their Risk Management Plan the date of the most recent review or revision of contractor safety procedures in Section 7.14 and the date of the most recent review or revision of contractor safety…
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Minimum and Maximum Distance to Endpoint
The Chemical Accident Prevention Provisions require the completion of a worst-case release scenario analysis (40 CFR §68.25). This analysis includes estimating the greatest distance to endpoint as defined by the parameters in §68.22. Is there a required minimum or maximum distance for the distance to endpoint in the worst case…
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When to Revise OCA
The risk management program in 40 CFR Part 68 requires facilities to conduct an off-site consequence analysis (OCA) to provide information to state, local, and federal governments and the public about the potential consequences of an accidental chemical release. When does a facility need to revise its OCA? The owner…
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Local meteorological data for alternative release scenarios
For alternate release scenarios, RMP*Comp uses set values for meteorological conditions like humidity, wind speed, temperature, stability class, and so on. Is there a way to change those values? I want to use meteorology data from my own location. RMP*Comp indeed uses fixed values for certain atmospheric parameters, and does…
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Different distances to toxic endpoints with different versions of RMP*Comp
I've noticed that for certain chemicals, RMP*Comp gives substantially different distances to the toxic endpoint than previous versions. Why? In the current version of RMP*Comp, we have incorporated new chemical-specific distance tables for ammonia, chlorine, and sulfur dioxide. The generic tables are still used for other chemicals (you can see…
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Non-residential population in off-site consequence analyses
Must an owner or operator include in their risk management plan (RMP) estimates of the non-residential population when defining off-site impacts for the off-site consequence analysis? Owners or operators are required to note in the RMP the presence of any major institutions (i.e., schools, hospitals, or prisons), public recreational areas…
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Worst-case “quantity released” reporting for a mixture
In section 2, element 2.5, of an RMP, facilities must report the quantity of toxic chemical that the facility used for the worst-case analysis. When reporting this data element in RMP*eSubmit for a mixture, should facilities report the entire weight of the toxic mixture potentially being released or only the…
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Identification of Industrial Buildings, Commercial Buildings, and Recreational Areas
Pursuant to the hazard assessment requirements in 40 CFR Part 68, Subpart B, an owner or operator is required to conduct an offsite consequence analysis and analyze a worst-case release scenario and alternative release scenarios as part of a risk management plan (RMP). When completing these scenarios, public receptors need…
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Air dispersion models for release scenarios
Under the hazard assessment requirements of 40 CFR Part 68, Subpart B, an owner or operator is required to analyze a worst-case release scenario and more likely alternative release scenarios. Has EPA developed any air dispersion models for conducting these evaluations? Is EPA's TScreen model an appropriate technique? EPA has…
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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)…
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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.
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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…
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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…
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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…
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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)…
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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.
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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…
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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…
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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).
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Are OSHA Voluntary Protection Program facilities exempt from audits?
If we are a Voluntary Protection Program (VPP) facility under OSHA’s VPP program, are we exempt from audits? You are exempt from audits that are based on the accident history of your industry sector or on random, neutral oversight. However, part 68 includes other criteria for deciding what facilities to…