Learn the Issues
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Applicable requirements for Title V air permits
Under the CAA, air permitting authorities must ensure that sources are in compliance with applicable requirements to issue a permit. Do the CAA §112(r) provisions constitute applicable requirements for Title V air permits? Yes. Section 112(r) is an applicable requirement for CAA Title V air permits under 40 CFR Parts…
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Why were ERPG-2 values selected as toxic endpoints instead of ERPG-3?
An endpoint is needed for analysis of offsite consequences of potential accidental releases of regulated substances. The endpoint to be used for each regulated toxic substance is provided in Part 68, Appendix A, and is the Emergency Response Planning Guideline level 2 (ERPG-2) developed for the substance by the American…
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Are facilities that have received ISO 14001 certification exempt from audits?
If we have been audited by a qualified third party, for ISO 14001 certification or for other programs, are we exempt from audits? No. However, you may want to inform your implementing agency that you have gained such certification and indicate whether the third party reviewed Part 68 compliance as…
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Correcting RMP with new emergency contact information
Pursuant to the risk management program regulations, the owner or operator of a regulated stationary source is required to submit a correction within one month of any change in the emergency contact information (40 CFR §68.195(b)). What should the owner or operator do for the required correction if they do…
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Worst-case release scenarios for toxics and flammables represented by Program 2 or 3 processes
A stationary source subject to the risk management program regulations at 40 CFR Part 68 comprises multiple Program 2 and Program 3 covered processes. The owner or operator must do a single worst-case release analysis to represent toxic regulated substances and a single worst-case release analysis to represent flammable regulated…
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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…
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Adding chemicals to list of regulated substances
CAA §112(r)(3) provides EPA the authority to amend the list of regulated substances. Does EPA expect to add chemicals to the list of regulated substances in the near future? At this time, EPA does not expect to add any chemicals to the list of regulated substances. The statute, however, requires…
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EPA identification of facilities failing to submit RMPs
What does EPA do to identify facilities that did not file an initial or updated RMP but were required to do so? EPA examines a number of existing databases to identify potential non-filers. If anyone has any information about any facility that may be subject to the Risk Management Program…
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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.
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Will an Integrated Contingency Plan satisfy RMP requirements?
The National Response Team's Integrated Contingency Plan guidance, or "One Plan," provides a format for consolidating multiple emergency response plans required under RCRA, OPA, SPCC, DOT, OSHA, and CAA §112(r). Will an Integrated Contingency Plan satisfy all of the risk management program requirements under 40 CFR Part 68? No. An…
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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…
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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…
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Is classified information exempt from inclusion in the risk management plan (RMP) under 40 CFR Part 68?
Yes. Part 68 does not require disclosure of classified information in violation of federal laws, regulations, or executive orders ( 61 FR 31695; June 20, 1996). The regulations clearly state that the RMP will exclude classified information (40 CFR §68.150(d)). Classified data or information excluded from the RMP may, however…
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Can I submit a plan that includes substances not currently present at the facility?
Can an RMP regulated facility submit a Risk Management Plan (RMP) that includes substances not held at the facility at the time of submission? Yes. Predictive filing is an option that allows owners and operators of facilities whose operations involve highly variable types and quantities of regulated substances (e.g., chemical…
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Inclusion of release scenarios in executive summary
Do I have to include a description of my worst-case and alternative release scenario in my executive summary? I'm concerned that the description contains sensitive information, which if included in the executive summary will be available to the public without restriction. No, facilities are not required to include a description…
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If a facility changes owners, but the manufacturing operations have not changed, are they REQUIRED to update their RMP?
Yes. If the owner of a facility changes, the RMP on record with EPA should reflect the current owner by the date ownership changes or responsibility for operation of the facility is transferred. You do not have to update each section of your RMP if the only thing that has…
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Determining a facility's latitude and longitude
A facility subject to the risk management program requirements in 40 CFR Part 68 must specify its latitude and longitude coordinates in Section 1.5 of the risk management plan (RMP). What tools are available to accurately determine a facility’s latitude and longitude? The owner or operator of a regulated facility…
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Is the EPA Facility Identifier number the same as the RCRA ID number?
Owners or operators of a facility subject to the risk management program regulations must include an EPA Facility Identifier number (EPA Facility ID) in their risk management plan (RMP) (40 CFR §68.160(b)(8)). Is this ID number the same as a facility's RCRA ID number? The RMP Facility Identifier is a…
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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…
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Consolidated List of Chemicals Subject to EPA Regulatory Programs
EPA implements a number of regulatory programs that use specific chemical lists as part of the process to determine reporting applicability. Is there a consolidated list of chemicals that are subject to EPA programs? The Consolidated List of Chemicals subject to the Emergency Planning and Community Right-To-Know Act (EPCRA), Comprehensive…