Learn the Issues
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What does "electrical classification" mean?
Equipment and wiring for locations where fire and explosion hazards may exist must meet requirements based on the hazards. Each room, section, or area must be considered separately. Equipment should be marked to show Class, Group, and operating temperature or temperature range. You must determine the appropriate classification for each…
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When must an incident investigation be initiated for Program 2 and 3 processes?
When must a stationary source owner or operator begin conducting incident investigations as required under 40 CFR §68.60 (for Program 2 processes) or 40 CFR §68.81 (for Program 3 processes)? For both Program 2 and Program 3 processes, the incident investigation must be initiated as soon as possible, but not…
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Applicability of program levels and prevention program requirements for co-located vessels
I have a tank with 1,000,000 pounds of toluene diisocyanate (TDI), which is covered under the RMP rule, but not under OSHA PSM. Considered by itself, the TDI would be Program 2 for EPA. The tank, however, is close to equipment that has chlorine above the applicable threshold and is…
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Are all covered processes subject to identical risk management program requirements?
The risk management program regulations in 40 CFR Part 68 are applicable to owners or operators of stationary sources at which more than a threshold quantity of a regulated substance is present in a process (40 CFR Section 68.10(a)). Are all covered processes subject to identical risk management program requirements…
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Are evacuations and sheltering-in-place considered for Program 1 eligibility?
A facility performed a worst-case release scenario and determined that there are no public receptors within the endpoints. There are several residences located just outside the endpoint. In reviewing the five year accident history, there were several releases of a regulated substance, in which the residences were notified by the…
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Are processes subject to delegated state OSHA programs classified as program level 3?
If my state administers the OSHA program under a delegation from the federal OSHA, does that mean that my processes that are subject to OSHA PSM under the state rules are in Program 3? Yes, as long as the process does not qualify for Program 1. Any process subject to…
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Changing from a Program 2 or 3 process to a Program 1 process
If five years have passed since the last accident involving a covered process, and that process meets the other two requirements identified under 40 CFR §68.10(b) for Program 1 eligibility, could that process become a Program 1 process even if it had previously been identified as a Program 2 or…
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Assigning program level 1 if a public receptors is just beyond distance to endpoint
Our distance to the endpoint for the worst-case release is 0.3 miles. The nearest public receptor is 0.32 miles away. What tools are available to document that the public receptor is beyond the distance to the endpoint so we can qualify for Program 1? The results of any air dispersion…
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If a stationary source has processes ineligible for Program 1, are all processes ineligible?
If a stationary source has several processes that are covered under 40 CFR Part 68, and some of those processes have had an accidental release within the past five years (effectively making those processes ineligible for Program 1 status), are the individual processes from which no accidents have occurred also…
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What does "contiguous property" mean?
Property that is adjoining. Public rights-of-way (e.g., railroads, highways) do not prevent property from being considered contiguous. Property connected only by rights-of-way are not considered contiguous (e.g., two plants with a connecting pipeline).
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What is the definition of a "technically qualified individual"?
For the purpose of determining whether more than a threshold amount of a regulated substance is present at a stationary source under 40 CFR Part 68, certain exemptions may apply. One exemption is for regulated substances that are "manufactured, processed, or used in a laboratory at a stationary source under…
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Five-year accident history in initial RMP submission
The owner or operator of a stationary source subject to 40 CFR Part 68 must include a five-year accident history that includes significant accidental releases of one or more of the regulated substances from a covered process in the five years prior to the submission of an initial or updated…
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Resubmission of RMP for a facility that previously deregistered
A covered facility deregisters its RMP because it no longer has more than a threshold quantity of a regulated substance in a covered process. If the facility becomes subject to the CAA §112(r) risk management program regulations at a later date and submits a new RMP, should the facility submit…
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Updating RMP if substance no longer held in excess of threshold quantity
If a facility had a covered process that was previously subject to the Program 2 or 3 requirements, but no longer holds the regulated substance in excess of the threshold quantity due to a decrease in production or storage, must the facility update its risk management plan (RMP)? If a…
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Can I use any previous three year meteorological data for worst case scenario?
I am trying to complete my worst case release scenario for the Risk Management Plan under §68.25. I understand that I am required to use a wind speed of 1.5 m/s and F atmospheric stability class as specified in §68.22(b), unless I can prove that at no time over the…
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Definition of off-site for identifying public receptors
My processes are fenced, but my offices and parking lot for customers are not restricted. What is considered offsite? What is considered a public receptor? The unrestricted areas would be considered offsite. However, they would not be public receptors because you are responsible for the safety of those who work…
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Do the quantities of interconnected vessels need to be aggregated for the worst-case release scenario analysis?
Pursuant to the risk management program regulations, facilities must perform an offsite consequence analysis for the worst-case release scenario. Do the quantities of two separate vessels that are interconnected with a closed valve need to be aggregated for the worst-case release scenario analysis? No. Worst-case release is defined as the…
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Hot Work Permit Procedures and Date
Stationary sources subject to the Program 3 Prevention Program requirements in 40 CFR Part 68, Subpart D, must include in their Risk Management Plan (RMP) the date of the most recent review or revision of hot work permit procedures in Section 7.13. What are hot work permit procedures and what…
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Do exemptions for gasoline and hydrocarbon mixtures apply to toxic substances?
The amendments to the List Rule ( 63 FR 640; January 6, 1998) added exemptions from threshold determination for regulated substances in gasoline that is in distribution or related storage for use as fuel for internal combustion engines, and for regulated substances in naturally occurring hydrocarbon mixtures prior to processing…
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If a facility moves (their address changes) is it assigned a new RMP Facility ID?
Yes. The facility is treated as a new facility and would be assigned a new number by EPA.