Learn the Issues
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Do Program Level 1 processes need to do five-year accident histories?
What is the relationship between the accident history criteria for Program 1 and the five-year accident history? If my process is eligible for Program 1, do I still need to do a five-year accident history? The five-year accident history is an information collection requirement that is designed to provide data…
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Is the off-site death of livestock considered environmental damage?
Under the hazard assessment requirements of 40 CFR Part 68, Subpart B, an owner or operator must document a five-year accident history including all accidental releases from covered processes that resulted in deaths, injuries, or significant property damage on site, or known offsite deaths, injuries, evacuations, sheltering in place, property…
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Inclusion of accidents under different ownership in the accident history
If a facility has recently changed ownership, is the new facility owner required to include accidents which occurred prior to the transfer of ownership in the accident history portion of the RMP submitted for the facility? Yes, accidents involving covered processes that occurred prior to the transfer of ownership should…
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Acid aerosol reducing additive as passive mitigation
A refinery uses a special proprietary additive to their hydrofluoric acid (HF) alkylation process. This HF additive has shown in tests to significantly reduce aerosol forms of HF during accidental releases, and therefore reduce the distance traveled by HF releases. The additive is present at all times during the alkylation…
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Are areas occupied solely by employees considered public receptors?
When analyzing off-site consequences for the purpose of a worst-case or alternative release scenario under the risk management program regulations (40 CFR Part 68), are areas occupied solely by employees at the source considered to be public receptors? No. Such areas at the stationary source are not to be included…
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Who is responsible for preparing and submitting an RMP for leased propane tanks?
If an owner of a stationary source leases propane tanks from a gas supplier, who is responsible for preparing and submitting the risk management plan (RMP) addressing the propane tanks? The owner of the stationary source is responsible for preparing and submitting the RMP. The risk management program regulations apply…
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Are on-site areas with unrestricted access considered public receptors?
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). One of those criteria is that the distance to a toxic or flammable endpoint for a worst-case release assessment is less than the distance…
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Are valves in piping considered administrative controls?
No, administrative controls are written procedures that limit the quantity stored or flowing through the pipes. Valves are considered active mitigation systems.
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Can positive buoyancy models be used?
Yes, provided there is a basis for use and the owner or operator explains the rationale for use of positive buoyancy models.
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What measures qualify as "passive mitigation"?
Passive mitigation is defined in § 68.3 as "equipment, devices, or technologies that function without human, mechanical, or other energy input." Passive mitigation systems include building enclosures, dikes, and containment walls. Measures such as fire sprinkler systems, water curtains, valves, scrubbers, or flares would not be considered passive mitigation because…
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Supreme Court Rulings Related to Waters of the United States
Documents associated with Supreme Court rulings related to "waters of the United States"
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Ivory Home, Ltd. Settlement
This is the information sheet for Ivory Homes.
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District of Columbia of Water and Sewer Authority, District of Columbia Clean Water Settlement
This is the cwa settlement for Exxon Mayflower Clean Water Settlement
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Arch Coal, Inc. and International Coal Group Subsidiaries Settlement
This is the cwa settlement for Exxon Mayflower Clean Water Settlement
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Safeway, Inc. Clean Air Act Settlement
Clean Air Act settlement with Safeway, Inc. (Safeway) that covers 659 grocery stores in the United States
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Total Environmental Solutions, Inc. (TESI) Consent Decree Modification
Western Dubuque owns and operates a 30 million gallon biodiesel plant located in Farley, Iowa. The company was formed in 2005 by a group of eastern Iowa farmers and business people.
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BP Products North America - Inc. Curtis Bay Terminal Settlement
Overview page for the settlement page for BP Products North America
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TIMET Settlement
This is the settlement information for Titanium Metals Corporation (TIMET).
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Kansas Department of Transportation Clean Water Settlement
This is the cwa settlement for Kansas Department of Transportation Settlement
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City of Houston Clean Water Act Settlement Information Sheet
This is the cwa settlement for Exxon Mayflower Clean Water Settlement