Learn the Issues
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Would change in population data require an RMP update?
As part of the hazard assessment under 40 CFR Part 68, Subpart B, a source is required to estimate in its risk management plan (RMP) the population within a circle that has its center at the process and its radius equal to the distance to the endpoint concentration (40 CFR…
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Calculating release rates and quantities for alternative release scenarios
I am working on the alternative release scenario portion of my risk management plan (RMP), as required by 40 CFR §68.28. Specifically, I am trying to calculate my release rate and release quantity values. The final rule does not specify exactly how to calculate these values for the alternative release…
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Submitting a partial RMP
Can a facility submit a partial risk management plan (RMP) (e.g., using the predictive filing option) and then update the plan when all elements of the RMP can be implemented? No. Facilities should not attempt to submit partial risk management plans (the RMP*eSubmit software will not allow incomplete RMPs to…
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Air dispersion models and accounting for multiple vessels
Must air dispersion models that are used to analyze worst-case release scenarios under 40 CFR §68.25 be able to account for multiple vessels and how those vessels could impact one another in the event of an accidental release? No. Models used for worst-case release scenario analysis do not need to…
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What is the definition of injury?
Under the hazard assessment requirements of 40 CFR Part 68, Subpart B, an owner or operator must document a five-year accident history including all accidental releases from covered processes that resulted in deaths, injuries, or significant property damage on site, or known offsite deaths, injuries, evacuations, sheltering in place, property…
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What constitutes "significant property damage on site?"
Under the hazard assessment requirements at 40 CFR Part 68, Subpart B, the owner or operator of a covered stationary source must document a five-year accident history that includes all accidental releases from covered processes that resulted in deaths, injuries, or significant property damage on site, or known offsite deaths…
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Do I have to include on-site incidents in my accident history?
If I have a large on-site incident, but no offsite impact, would I have to report it in the five-year accident history? It would depend on whether you have onsite deaths, injuries, or significant property damage. You could have a large accident without any of these consequences (e.g., a large…
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Are barracks and family housing units on military bases considered public receptors?
Barracks are not considered public receptors, family housing units are. Public receptors include any "offsite residences ... inhabited or occupied by the public at any time without restriction by the stationary source where members of the public could be exposed to toxic concentrations, radiant heat, or overpressure, as a result…
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Are wetlands included in the definition of "environmental receptors"?
No. EPA has defined environmental receptors as natural or state parks, forests, or monuments; officially designated wildlife sanctuaries, preserves, refuges, or areas; and Federal wilderness areas, that are easily identified on local U.S. Geological survey maps (40 CFR §68.3). Therefore, wetlands would not be reported in the hazard assessment under…
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What level of off-site property damage triggers five-year accident history reporting?
What level of off-site property damage triggers reporting? Any level of known offsite property damage triggers inclusion of the accident in the five-year accident history. You are not required to conduct a survey to determine if such damage occurred, but if you know, or could reasonably be expected to know…
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When part of a site is sold, what facility ID number is used?
If a site is divided up as part of a sale and part of the site is kept by the original owner and the remainder is sold or leased, what facility ID is used? The section of the site that is retained by the original owner will keep the original…
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Are releases under prior ownership included in the five-year accident history?
Documentation of a five-year accident history is required as part of the hazard assessment under 40 CFR Section 68.42. Should a stationary source subject to the risk management program regulations report as part of the five-year accident history any accidents that occurred when the facility was under prior ownership? Yes…
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Do I need to report releases for processes that have shut down?
A process involving a regulated substance had an accidental release with off-site consequences two years ago. The process has been shut down. Do I have to report anyway? No. The release does not have to be reported in your accident history. Your Risk Management Plan only needs to address operating…
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Are roads considered public receptors?
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). One of those criteria is that the distance to a toxic or flammable endpoint for a worst-case release assessment is less than the distance…
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Active mitigation systems (e.g., scrubbers) and alternative release scenarios
I run a wastewater treatment plant that is subject to the risk management program regulations in 40 CFR Part 68 for a covered process containing chlorine. A chlorine scrubber system at the plant is designed to prevent any possible releases from reaching a toxic endpoint offsite. How does this active…
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Withdrawal of an erroneous RMP submission
What should a facility do if it submitted a risk management plan (RMP) but later discovers that it was never subject to the risk management program requirements? If a facility discovers that it submitted an RMP in error and was never subject to the risk management program regulations, it should…
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Process that meets Program 1 requirements and Program 3 applicability
Program 3 applies to processes in certain NAICS codes as well as any process subject to the OSHA Process Safety Management (PSM) standard, unless the process is eligible for Program 1. If a process meets the requirements of Program 1, but is also in NAICS code 32211 (one of those…
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Is the RMP submission date the postmark date or EPA's receipt?
Initial RMPs must be "submitted" by a certain date, and RMPs must be updated at least every five years from the date of its submission. What constitutes "submission" for purposes of meeting and determining these deadlines - postmarking the RMP or EPA's receipt of the RMP by the due date…
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State air permitting agency assigning EPA implementation and enforcement
Can a state air permitting agency unilaterally assign to EPA the implementation and enforcement of the requirements of 40 CFR Part 68.215(e)? No, such reassignment of responsibilities can only be achieved by the state entering into a written agreement with the Administrator under which EPA will implement and enforce the…
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Does "consider off-site consequences" mean perform an environmental impact assessment?
What does EPA mean by “consider offsite consequences”? Do we have to do an environmental impact assessment (EIA)? EPA does not expect you to do an EIA. Potential consequences to the public and the environment are already analyzed in the offsite consequence analysis. In the PHA, EPA only expects you…