Learn the Issues
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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…
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Must separate amounts of regulated substances be aggregated for threshold determinations?
Drums containing regulated substances (listed in 40 CFR §68.130) are stored in several separate locations at a stationary source and there is no possibility that an accidental release in any of the individual storage areas would impact any of the other storage areas. Must the overall amount of the regulated…
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Is methane generated on site and used for fuel subject to Part 68?
A wastewater treatment plant generates methane through a natural digestion process, then stores and uses the methane as fuel. Under 40 CFR Part 68, must the owner or operator of this stationary source evaluate the amount of methane to determine whether more than a threshold amount is present in any…
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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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Is underground storage included in the definition of a process?
Would underground storage of a regulated substance listed at 40 CFR §68.130 subject a stationary source owner or operator to the risk management program regulations? If more than a threshold quantity of a regulated substance is present in a process at a stationary source, the owner or operator of that…
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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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Hydrochloric acid and hydrogen chloride listed separately
Why are hydrochloric acid and hydrogen chloride listed separately in the list of regulated substances at 40 CFR §68.130? The aqueous form (hydrochloric acid) and the anhydrous form of this chemical (hydrogen chloride) have been assigned different thresholds.
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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…
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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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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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How did the January 6, 1998, final rule affect the definition of stationary source?
How did the January 6, 1998, final rule ( 63 FR 640 ) affect the definition of stationary source, as it relates to the transportation exemption? The January 6, 1998 final rule amended the regulatory definition of stationary source by removing previous references to "active shipping papers" and "temporary storage"…
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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 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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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 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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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 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…
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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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Ammonia present in ammonium hydroxide
The list of regulated toxic substances at 40 CFR Section 68.130 includes both "ammonia (anhydrous)" and "ammonia (conc 20% or greater)," but does not include a specific listing for "ammonium hydroxide." The Chemical Abstract Registry Service (CAS) number for ammonium hydroxide is 1336-21-6, and the CAS number for ammonia is…
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RMP Covered Facilities
Who is covered by the RMP rule under CAA §112(r)(7)? Section 112(r) of the CAA contains several provisions. The two most relevant to the regulated community at this time are Sections 112(r)(1) and 112(r)(7). Owners and operators of stationary sources at which regulated or any other extremely hazardous substances are…