Learn the Issues
-
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…
-
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…
-
What is the definition of fuel for the purposes of the fuel exclusion for the risk management program?
A flammable substance listed in 40 CFR §68.130 is excluded from the risk management program regulations when it is used as a fuel or held for sale as a fuel at a retail facility (§68.126). What is the definition of fuel for the purposes of this exclusion? The two prongs…
-
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…
-
What do I have to do for material and energy balances?
For new processes, you must document both material and energy inputs and outputs of a process. For example, you would document the quantity of a regulated substance added to the process, the quantity consumed during the process, and the quantity that remains in the output. This requirement will not generally…
-
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…
-
What is the definition of a retail facility?
A flammable substance listed in 40 CFR §68.130 is excluded from the Risk Management Program regulations when it is used as a fuel or held for sale as a fuel at a retail facility (§68.126). What is the definition of a retail facility for the purposes of this exclusion? A…
-
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…
-
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…
-
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…
-
What is the definition of "process"?
Process, as defined at 40 CFR §68.3, means any activity involving a regulated substance, including any use, storage, manufacturing, handling, or on-site movement of such substances, or combination of these activities. Any group of vessels that are interconnected, or separate vessels that are located such that a regulated substance could…
-
Is EPA's PHA stationary source siting requirement analogous to OSHA's PSM?
Does EPA interpret the Program 3 process hazard analysis - stationary source siting requirement analogously to OSHA's Process Safety Management standard? Yes. The requirement to consider stationary source siting during the process hazard analysis means that you should consider the location of the covered vessels and evaluate whether their location…
-
Why do the risk management program regulations only apply to stationary sources?
Why have transportation activities been exempted from compliance with the risk management program regulations at 40 CFR Part 68? Why do these regulations apply only to stationary sources? While EPA agrees that industry, local planners, and first responders need to recognize the public safety hazards associated with transportation, the Clean…
-
What does "materials of construction" mean?
What does “materials of construction” apply to and how do I find this information? You must document the materials of construction for all process equipment in a covered process. For example, you need to know the materials of construction for process vessels, storage vessels, piping, hoses, valves, and flanges. Equipment…
-
How often must employees complete refresher training?
How often must employees of facilities that are subject to the risk management program complete refresher training? A facility owner or operator must provide refresher training at least every three years, and more often if necessary, to each employee operating a process in order to ensure that the employee understands…
-
PHA revisions to consider offsite consequences
If I need to revise a PHA to consider off-site consequences, when do I have to do that? In general, for a PHA originally completed to meet the requirements of OSHA PSM that did not consider offsite consequences, you should revise the PHA to consider offsite consequences when you update…
-
Do compliance audits cover non-prevention program requirements?
Does the compliance audit requirement cover all of the Part 68 requirements or just the prevention program requirements? The compliance audit requirement applies only to the prevention programs under Subpart C. If you have a Program 2 process, you must certify that you have evaluated compliance with the Program 2…
-
Applicability of compliance audit provisions to emergency response programs
I have a Program 2 covered process and a Program 3 covered process at my stationary source, and I am required to conduct compliance audits certifying that I have evaluated compliance with my prevention program requirements at least every three years (40 CFR Sections 68.58 and 68.79). Do these provisions…
-
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…
-
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…