Learn the Issues
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When must RMPs be submitted, updated, and corrected?
When must the risk management plans (RMPs) required under 40 CFR Part 68, Subpart G, be submitted? When are updates and corrections required? Compliance with the risk management program requirements (including submission of an RMP) is required by the date on which a regulated substance first becomes present above a…
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Different results using ALOHA and RMP*Comp
I tried running the same scenarios in ALOHA and in RMP*Comp. I got different answers. Why? The results you obtain using RMP*Comp may not closely match the results you obtain running the same release scenario in a more sophisticated air dispersion model such as ALOHA or DEGADIS. That's because of…
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Definition of recreational area for determining offsite impacts in RMP
What is considered a recreational area? Recreational areas would include land that is designed, constructed, designated, or used for recreational activities. Examples are national, state, county, or city parks, other outdoor recreational areas such as golf courses or swimming pools and bodies of waters (oceans, lakes, rivers, and streams) when…
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Worst-case release scenarios for toxics and flammables involving the same process
At my facility, if the worst-case release scenarios for regulated toxic substances and the worst-case scenario for regulated flammable substances involve the same process, must I analyze both? Yes. If the worst-case release scenarios for regulated toxic substances and regulated flammable substances in Program 2 and 3 processes are associated…
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When does the accident history's five-year period begin?
The hazard assessment requirements under 40 CFR Part 68, Subpart B include provision of a five-year accident history, as specified at §68.42. When does the five-year period to be reported in the accident history begin? The five-year accident history must include information on all accidental releases from covered processes meeting…
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How often must compliance audits be performed?
How often must owners or operators of stationary sources subject to the risk management program regulations perform compliance audits? The regulations at 40 CFR §§68.58(a) and 68.79(a) state that owners or operators must certify that they have evaluated compliance with the applicable prevention program provisions at least once every three…
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Applicability of prevention program for complex processes
My process is a series of storage and process vessels, connected by piping, containing several regulated substances, with a few co-located tanks of other substances. Do I have to implement one prevention program to cover all aspects of the process even if different operators, different process chemistry, and different hazards…
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Applicability of compliance audit provisions to non-prevention program elements
I have a Program 2 covered process and a Program 3 covered process at my stationary source. I am required (by 40 CFR Section 68.58 and 40 CFR Section 68.79) to certify compliance with prevention program requirements every three years. These compliance audits specifically address the prevention program portions of…
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Does a five-year update satisfy the requirement to conduct a compliance audit?
The owner or operator of a stationary source with a Program 2 or Program 3 process must conduct a compliance audit at least every three years to ensure compliance with the prevention program requirements and must revise and update the risk management plan (RMP) at least every five years (§§68.58…
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What constitutes a revision of the PHA?
The rule states that I have to update my RMP whenever I revise a PHA. What constitutes a revised PHA? Every time I go through management of change procedures I make a notation in the PHA file for the process, but would that constitute a revised PHA if the change…
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Do Program 1 processes have to complete a process hazard analysis?
Do owners or operators of Program 1 processes have to complete a process hazard analysis? No. The Program 1 requirements do not include a process hazard analysis (40 CFR §68.12(b)). Program 3 processes require completion of a process hazard analysis (40 CFR §68.12(d)(3)) while Program 2 processes must complete a…
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Does an owner or operator of a facility with a Program 3 process need to maintain Material Safety Data Sheets (MSDSs) under the risk management program regulations?
An owner or operator of a facility with a Program 3 process must compile information pertaining to the hazards of the regulated substances in the process, including toxicity information; permissible exposure limits; physical data; reactivity data; corrosivity data; thermal and chemical stability data; and hazardous effects of inadvertent mixing of…
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Is a hazard review synonymous with a process hazard analysis (PHA)?
The prevention program requirements under 40 CFR Part 68, Subparts C and D, include hazard reviews and process hazard analyses. Is a hazard review synonymous with a process hazard analysis (PHA)? No. A hazard review is different from a PHA. A hazard review is part of the Program 2 prevention…
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Maintenance requirements for leased tanks
I use propane as a raw material in my manufacturing process. I lease the tank from the propane supplier. The supplier does all the maintenance. My staff never work on the equipment. What should I do? As part of your contract with the supplier, it would be helpful to gain…
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Program Level 2 and 3 compliance audits
Facilities with Program Level 2 and 3 processes must perform compliance audits at least once every three years (40 CFR §§68.58 and 68.79). How does a facility submit its compliance audit to EPA? Facilities are not required to submit three year compliance audits to EPA; however, facilities should maintain records…
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RMP Program Level 2 and 3 compliance audit frequency
Pursuant to the risk management program regulations, facilities with Program Level 2 and 3 processes must perform compliance audits at least once every three years (40 CFR §§68.58 and 68.79). Do regulated facilities have to perform the audits within exactly three years or can facilities perform the audits any time…
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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…
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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…
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Breaking a process into separate units to comply with prevention program requirements
Do I have to do my hazard review, process hazard analysis, or other prevention activity on the whole process or can I break it into separate units? Once you have determined that you have a covered process, you can divide the covered process any way you want to implement the…
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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…