Learn the Issues
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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.
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Why did EPA select the twenty percent concentration cut-off value for aqueous ammonia?
The list of regulated substances in 40 CFR §68.130 includes aqueous ammonia that is at a concentration of 20 percent (by weight) or greater. Why did EPA select 20 percent as the concentration cut-off value? Commonly used commodity solutions of ammonia (which mean the bulk shipments, not bottles of ammonia…
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Facility ID number and re-registering a facility
If a facility deregisters, then reregisters, should the facility use the original RMP Facility ID or will it be assigned a new ID? The facility should use the original ID assigned by EPA.
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Does EPA confirm receipt of a facility's RMP?
A facility subject to the risk management program regulations must submit its risk management plan (RMP) to EPA via the RMP*eSubmit system. Does EPA confirm receipt of the facility's RMP? When a facility's certifying official submits a complete RMP to EPA using RMP*eSubmit, the system will automatically generate and send…
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Who should sign the certification statement?
The owner or operator of a stationary source must submit in the RMP a statement certifying that the RMP is accurate and complete (40 CFR §68.185). Who should sign this certification statement? EPA has not promulgated regulations under 40 CFR Part 68 specifying who must sign the certification statement nor…
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Difference between RMP update and RMP correction
What is the difference between an update and a correction to a risk management plan (RMP)? Updates and resubmissions require the owner or operator to review and revise all sections of the RMP as needed to bring the RMP up to date and the submission must be accompanied by a…
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Can a facility divide a process when assigning program levels?
My process includes a series of interconnected units, as well as several storage vessels that are co-located. Several sections of the process could qualify for Program 1. Can I divide my process into sections for the purpose of assigning Program levels? No, you cannot subdivide a process for this purpose…
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Changes required for adding new reactor vessels for same substance
What if I change a process by adding new reactor vessels, but do not change the substances? Because increasing the number of reactor vessels is usually a major change to your process, you will have six months to update your RMP to reflect changes in your prevention program elements and…
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Can a newly-constructed process that has no accident history qualify for Program 1 status?
The eligibility criteria for Program 1 status under 40 CFR Part 68 include a requirement that the process must not have had an accidental release resulting in serious offsite consequences for the past five years (40 CFR §68.10(b)(1)). Can a newly-constructed process that has no accident history qualify for Program…
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Can a process qualify for Program 1 if it has had an accident?
A process with more than a threshold quantity of a regulated substance had an accident with off-site consequences three years ago. After the accident, we altered the process to reduce the quantity stored onsite. Now the worst-case release scenario indicates that there are no public receptors within the distance to…
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If a covered process has an accident, when does it lose eligibility for Program 1 status?
A process covered under 40 CFR Part 68 is eligible for Program 1 requirements if it meets all of the criteria listed at 40 CFR §68.10(b). Those criteria include a requirement that the process cannot have had an accidental release of a regulated substance that led to offsite death, injury…
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Program level 1 eligibility and accident history
A process with more than a threshold quantity of a regulated substance had an accident with off-site consequences three years ago. After the accident, we altered the process to reduce the quantity stored on site, although the quantity still exceeds the threshold quantity. Now the worst case release scenario indicates…
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Program level 3 applicability and whether states have delegated OSHA programs
I am a publicly owned facility in a state with a delegated OSHA program. Why are my processes considered to be in Program 3 when the same processes in a state where federal OSHA runs the program are in Program 2? Federal OSHA cannot impose its rules on state or…
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When were RMPs initially required to be submitted?
When must the risk management plans (RMPs) required under 40 CFR Part 68, Subpart G, initially be submitted? For chemicals currently listed as regulated substances at 40 CFR §68.130, compliance with the risk management program requirements (including submission of RMPs) is required by June 21, 1999, or the date on…
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After a reportable accident, do I have to revise my RMP?
I recently submitted my five-year RMP update required by section 68.190 (b)(1) and included my accident history for the previous five years. Two months later, we had another reportable accident. Do I have to do anything to revise my RMP? Yes. You must revise your accident history within six months…
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Change of owner and RMP facility ID number
If a facility is sold to a new owner, does it keep its' original RMP Facility ID number? Yes. The facility will keep the ID number assigned by EPA.
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Submitting a partial RMP
Can a facility submit a partial risk management plan (RMP) (e.g., using the predictive filing option) and then update the plan when all elements of the RMP can be implemented? No. Facilities should not attempt to submit partial risk management plans (the RMP*eSubmit software will not allow incomplete RMPs to…
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Do I have to report accidents that resulted in medical treatment?
I had a release where several people were treated at the hospital and released; they attributed their symptoms to exposure. We do not believe that their symptoms were in fact the result of exposure to the released substance. Do we have to report these as offsite impacts? Yes, you should…
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Are releases under prior ownership included in the five-year accident history?
Documentation of a five-year accident history is required as part of the hazard assessment under 40 CFR Section 68.42. Should a stationary source subject to the risk management program regulations report as part of the five-year accident history any accidents that occurred when the facility was under prior ownership? Yes…