Learn the Issues
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Ammonia used as agricultural nutrient held by farmers and the general duty clause
Does the exemption at 40 CFR 68.125 for "ammonia used as an agricultural nutrient, when held by farmers" apply to the CAA Section 112(r)(1) general duty clause? No. The exemption for ammonia held by farmers for use as fertilizer applies only to the provisions of the risk management program regulations…
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Will the general duty clause be delegated?
The general duty clause (CAA section 112(r)(1)) is not included in Part 68 and, therefore, will not be delegated to states that have taken implementation of the RMP program. States, however, may adopt their own general duty clause under state law.
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Applicability for a process at a facility connected to another facility by piping
The definition of process would seem to say that my process is part of the larger company’s process because they are interconnected. Why can’t the larger company just include my process in its RMP? Your process is not part of the larger company’s stationary source because it does not meet…
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Are "tube" trailers considered a single process?
Tube trailers carry bulk liquids that are stacked in a rack type arrangement on the back of a truck trailer. This arrangement often is used to carry highly hazardous materials such as anhydrous hydrogen chloride. The tubes are manifolded together, but usually only one tube at a time is connected…
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Are chemicals in a tank car exempt from threshold determinations under 40 CFR Part 68?
The definition of stationary source does not apply to transportation, including storage incident to transportation (40 CFR Section 68.3). Are chemicals in a tank car (e.g., tanker truck or rail car) therefore exempt from threshold determination? The chemicals in the tank car are exempt only if the tank car is…
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Are explosives listed regulated substances under CAA 112(r)?
No. Explosives classified by the Department of Transportation as Class 1, Division 1.1 were initially listed as regulated substances with a threshold quantity of 5,000 pounds because of their potential to cause offsite impacts ( 59 FR 4478; January 31, 1994). In accordance with a Settlement Agreement between EPA and…
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Can the partial pressure exemption be applied to formaldehyde solutions?
Formaldehyde is not specifically listed with a concentration cutoff, but is listed with the qualifier "solution". Can the partial pressure exemption be applied to formaldehyde solutions? According to 40 CFR §68.115, the amount of any listed toxic substance present in a mixture at a concentration greater than 1% does not…
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Determining thresholds for different chemicals in interconnected vessels
According to the definition of "process" in 40 CFR §68.3, any group of vessels that are interconnected is considered to be a single process. If a stationary source has two interconnected vessels and one contains 6,000 pounds of butane while the other contains 6,000 pounds of propane, is this a…
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Amounts of regulated substances in a delivery truck's tank
My stationary source has a process that contains a maximum of 4,000 lbs. of a regulated substance that has a 5,000 lb. threshold quantity. When the level of the regulated substance in the process reaches 1,000 lbs., a delivery truck comes on site and connects to the process to replenish…
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Are different substances aggregated for threshold determinations?
A toxic substance is never aggregated with a different toxic substance to determine whether a threshold quantity is present. If your process consists of co-located vessels with different toxic substances, you must determine whether each substance exceeds its threshold quantity. A flammable substance in one vessel is never aggregated with…
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Applicability for piping between companies
I operate a single covered process on a site owned by a large company. I manufacture a regulated substance that I pipe to the other company for use in its processes. At what point do the piping and substance become part of the other company’s stationary source? The answer will…
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Are bulk storage terminals exempt from filing a Risk Management Plan?
There is no general exemption for bulk storage terminals. However, the threshold exemption for "regulated substances in naturally occurring hydrocarbon mixtures prior to entry into a natural gas processing plant or a petroleum refining processing unit" would exempt certain storage terminals, such as crude oil storage terminals where the regulated…
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Are methane processes at landfills subject to RMP?
Some landfills collect methane gas and either vent, flare, or store it for subsequent fuel use. Are methane processes at landfills subject to the requirements of the EPA Risk Management Program? In general, methane processes at landfills will not be covered under the Risk Management Program. Methane that is collected…
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Are motor fuels exempt from threshold determination?
Are motor fuels (e.g., gasoline and diesel fuel) exempt from threshold determination? EPA provided a specific exemption from threshold determination for regulated flammable substances in gasoline used as fuel for internal combustion engines. This exemption applies solely to gasoline. However, there is a general exemption from threshold determination for regulated…
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Are the risk management program requirements applicable to federal facilities?
Yes. The requirements at 40 CFR Part 68 are applicable to an owner or operator of a stationary source that has more than a threshold quantity of a regulated substance in a process (40 CFR §68.10(a)). The definition of stationary source includes buildings, structures, equipment, installations, or substance emitting stationary…
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Worst-case Scenario for Flammable Mixtures
For the risk management program, where the concentration of the regulated flammable substance in the mixture is one percent or more by weight of the mixture, the entire weight of the mixture must be applied toward the 10,000 pound threshold quantity for the flammable substance unless the owner or operator…
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Compliance date for adding covered processes
What happens if I bring a new covered process on line (e.g., install a second storage tank) after submitting my original RMP? For a new covered process added after the initial compliance date, you must be in compliance on the date you first have a regulated substance above the threshold…
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Treatment of Air Quality Monitoring Data Influenced by Exceptional Events
Describes and documents data handling for air quality measurements flagged as being affected by exceptional events like wildfires, dust storms, volcanic eruptions, etc.
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Did the Risk Management Program final rule affect the List Rule?
Did the Risk Management Program final rule ( 61 FR 31668; June 20, 1996) change or affect the January 31, 1994, List of Regulated Substances and Threshold Quantities final rule (59 FR 4478; January 31, 1994)? No. The Risk Management Program final rule did not alter the 1994 "List Rule;"…
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Do the risk management program regulations cover the loading and unloading of transportation containers?
Would the risk management program regulations cover the loading and unloading of transportation containers? The definition of stationary source includes transportation containers used for storage not incident to transportation and transportation containers connected to equipment at a stationary source for loading or unloading (40 CFR Section 68.3). In a January…