Learn the Issues
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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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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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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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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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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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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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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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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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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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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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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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Would change in population data require an RMP update?
As part of the hazard assessment under 40 CFR Part 68, Subpart B, a source is required to estimate in its risk management plan (RMP) the population within a circle that has its center at the process and its radius equal to the distance to the endpoint concentration (40 CFR…
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Calculating release rates and quantities for alternative release scenarios
I am working on the alternative release scenario portion of my risk management plan (RMP), as required by 40 CFR §68.28. Specifically, I am trying to calculate my release rate and release quantity values. The final rule does not specify exactly how to calculate these values for the alternative release…
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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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Air dispersion models and accounting for multiple vessels
Must air dispersion models that are used to analyze worst-case release scenarios under 40 CFR §68.25 be able to account for multiple vessels and how those vessels could impact one another in the event of an accidental release? No. Models used for worst-case release scenario analysis do not need to…
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What is the definition of injury?
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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What constitutes "significant property damage on site?"
Under the hazard assessment requirements at 40 CFR Part 68, Subpart B, the owner or operator of a covered stationary source must document a five-year accident history that includes all accidental releases from covered processes that resulted in deaths, injuries, or significant property damage on site, or known offsite deaths…
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Do I have to include on-site incidents in my accident history?
If I have a large on-site incident, but no offsite impact, would I have to report it in the five-year accident history? It would depend on whether you have onsite deaths, injuries, or significant property damage. You could have a large accident without any of these consequences (e.g., a large…
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Are barracks and family housing units on military bases considered public receptors?
Barracks are not considered public receptors, family housing units are. Public receptors include any "offsite residences ... inhabited or occupied by the public at any time without restriction by the stationary source where members of the public could be exposed to toxic concentrations, radiant heat, or overpressure, as a result…
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Are wetlands included in the definition of "environmental receptors"?
No. EPA has defined environmental receptors as natural or state parks, forests, or monuments; officially designated wildlife sanctuaries, preserves, refuges, or areas; and Federal wilderness areas, that are easily identified on local U.S. Geological survey maps (40 CFR §68.3). Therefore, wetlands would not be reported in the hazard assessment under…