Learn the Issues
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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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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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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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Intended Sulfur Dioxide Area Designations - Feb 2016
Intended SO2 Area Designations - Feb 2016
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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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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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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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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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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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Recommendations for Areas to be Designated Nonattainment for the 2010 National Air Quality Standard for Sulfur Dioxide
Recommendations for Areas to be Designated “Nonattainment” for the 2010 National Air Quality Standard for Sulfur Dioxide
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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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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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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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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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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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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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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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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 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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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…