Learn the Issues
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Change of Ownership
If a facility that is subject to the risk management program regulations in 40 CFR Part 68 is sold to another owner, is the facility required to make a correction or a full update of its risk management plan (RMP)? If there are no changes in the covered operations at…
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Which chemicals are covered by the general duty provisions?
For CAA section 112(r)(1), General Duty, what are the chemicals that are covered? There is no specific list of substances which subject a stationary source owner or operator to the general duty provisions. The general duty provisions apply to owners and operators of all stationary sources which have any "extremely…
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Owner / Operator Compliance Audit Timeline
The regulations in 40 CFR §§68.58 and 68.79 require the owner or operator of facilities to conduct and document compliance audits at least every three years, although an owner or operator is not required to conduct a compliance audit prior to submitting a facility’s first RMP. Must an owner or…
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Are agricultural facilities subject to the risk management program requirements?
Are agricultural facilities potentially subject to the risk management program requirements in 40 CFR Part 68? Yes. Although there is one specific exemption from the provisions of 40 CFR Part 68 for ammonia held by a farmer for use as an agricultural nutrient (40 CFR §68.125), there is no general…
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No Procedure for Requesting RMP Five-Year Review Extension
The Risk Management Program (RMP) regulations require the owner or operator of a stationary source to revise and update the source's RMP at least once every five years from the date of its initial submission or most recent full update (§68.190(b)). Is there a procedure for obtaining an extension to…
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Can EPA add chemicals to the list of regulated substances under Part 68?
Can EPA on its own initiative add chemicals to the list, or must it receive a petition from an outside party first and then follow the petition process? EPA may revise the list of regulated substances at the discretion of the Administrator or as a result of petitions. Modifications to…
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Is there an exemption for the atmospheric storage of flammables?
Under OSHA's Process Safety Management Standard, an exemption is provided for atmospheric storage of flammables. Has EPA included this exemption under the risk management program regulations? No. There is no exemption from the risk management program requirements for atmospheric storage of flammable substances because the list of regulated flammable substances…
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How large would a pipe have to be to contain a threshold amount of methane?
An owner or operator of a stationary source that has more than a threshold quantity of a regulated substance in a process must comply with the requirements in 40 CFR Part 68. How large would a pipe have to be to contain a threshold amount (10,000 pounds) of methane? Assuming…
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SPCC responsibility for tanks on leased property
What if I leased some parcels, and there are tanks already present? Am I responsible for these tanks? You could be. If you plan to use these tanks, make sure in your lease agreement, it states who is responsible for these tanks. If the lease does not state who is…
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“Other EPA Systems Facility Identifier” for RMP Facility
A facility subject to the Risk Management Program requirements in 40 CFR Part 68 must enter an “Other EPA Systems Facility Identifier” in Section 1.3 of the Risk Management Plan (RMP). The RMP*eSubmit User’s Manual provides the priority order of identification numbers facilities should use to complete this section. What…
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RMP Self-Paced Training Courses
Does EPA offer any self-paced training courses covering the Risk Management Program under Clean Air Act Section 112(r)? Yes, EPA Region 7 developed self-paced training modules for facilities with program level 1, 2 or 3 processes. The modules cover topics such as RMP applicability, offsite consequence analysis, 5-year accident history…
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Calculating thresholds for toxic substances with concentration qualifiers
Several toxic substances are listed as regulated substances under 40 CFR §68.130 with concentration qualifiers (e.g., "conc 37% or greater"). What does this concentration mean? When determining whether a threshold amount of these substances exists in a process, should I consider the weight of the entire solution, or simply the…
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If laboratory chemicals are stored outside the laboratory, are they exempt from threshold determination?
Under 40 CFR Part 68, for the purpose of determining whether more than a threshold amount of a regulated substance is present at a stationary source, certain exemptions may apply. One such exemption is provided for "activities in laboratories" (40 CFR §68.115(b)(6)). If laboratory chemicals are stored outside the laboratory…
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Is gasoline exempt from the requirements of Part 68?
Is gasoline exempt from the requirements of 40 CFR Part 68? Although gasoline is not specifically listed as a regulated substance under 40 CFR Section 68.130, it may contain one or more regulated substances. On January 6, 1998 ( 63 FR 640 ), EPA exempted from threshold determination regulated flammable…
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CAMEO Training Opportunities
Where can I find CAMEO training opportunities? Information on CAMEO training and events is available at the EPA CAMEO website.
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Are there any industry exemptions from the risk management program regulations?
Are there any overall industry exemptions from the Accidental Release Prevention provisions and Risk Management Program regulations? No. However, there are exemptions that are widely applicable and affect many facilities in certain sectors. For example, ammonia used as an agricultural nutrient, when held by farmers, is exempt from part 68…
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Does the chlorine listing apply only to gaseous forms of chlorine?
There is no qualifier attached to the listing for chlorine (40 CFR §68.130). The listing, therefore, applies to chlorine (CAS number 7782-50-5), regardless of physical state.
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Underground Storage Tanks (USTs)
Provides information about preventing and cleaning up releases from underground storage tanks.
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Is a source in compliance with OSHA's PSM already in compliance with Part 68?
If a stationary source includes processes that are subject to both the OSHA process safety management (PSM) standard and the Program 3 risk management program requirements, what must the owner or operator of the stationary source do to demonstrate compliance under 40 CFR Part 68? A source owner or operator…
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Amounts of chlorine present in sodium hypochlorite
Must the amount of chlorine present in sodium hypochlorite be considered when determining whether a process is subject to the Risk Management Program regulations in 40 CFR Part 68? No. The risk management program regulations apply only to processes that contain more than a threshold quantity of one of the…