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  • Determining frequency of coordination activities

    The Risk Management Program regulations require owners and operators of stationary sources to coordinate their response needs annually, or more frequently if necessary, with local emergency planning and response organizations (40 CFR §68.93(a)). Are stationary sources responsible for determining if

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  • Calculating thresholds for toxic substances with concentration qualifiers

    Several toxic substances are listed as regulated substances under 40 CFR §68.130 with concentration qualifiers (e.g., "conc 37% or greater"). What does this concentration mean? When determining whether a threshold amount of these substances exists in a process, should I consider the weight of the

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  • Are agricultural facilities subject to the risk management program requirements?

    Are agricultural facilities potentially subject to the risk management program requirements in 40 CFR Part 68? Yes. Although there is one specific exemption from the provisions of 40 CFR Part 68 for ammonia held by a farmer for use as an agricultural nutrient (40 CFR §68.125), there is no general

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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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  • If laboratory chemicals are stored outside the laboratory, are they exempt from threshold determination?

    Under 40 CFR Part 68, for the purpose of determining whether more than a threshold amount of a regulated substance is present at a stationary source, certain exemptions may apply. One such exemption is provided for "activities in laboratories" (40 CFR §68.115(b)(6)). If laboratory chemicals are

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  • Is there an exemption for the atmospheric storage of flammables?

    Under OSHA's Process Safety Management Standard, an exemption is provided for atmospheric storage of flammables. Has EPA included this exemption under the risk management program regulations? No. There is no exemption from the risk management program requirements for atmospheric storage of flammable

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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

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  • Does the chlorine listing apply only to gaseous forms of chlorine?

    There is no qualifier attached to the listing for chlorine (40 CFR §68.130). The listing, therefore, applies to chlorine (CAS number 7782-50-5), regardless of physical state.

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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

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  • Change of Ownership

    If a facility that is subject to the risk management program regulations in 40 CFR Part 68 is sold to another owner, is the facility required to make a correction or a full update of its risk management plan (RMP)? If there are no changes in the covered operations at the facility that would result

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  • RMP*eSubmit preparer access

    How does a new Preparer get access to a Risk Management Plan (RMP) via RMP*eSubmit? First, the person must register with CDX. To register with CDX, go to http://cdx.epa.gov, and complete the registration process for a Risk Management Plan “Preparer”. Once set up as a “Preparer”, the Certifying

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  • Criteria for selecting alternative release scenarios

    As part of the hazard assessment, owners and operators of Program 2 and Program 3 covered processes must identify and analyze alternative release scenarios (40 CFR §68.28). What criteria should be used when selecting an alternative release scenario? The owner or operator of a stationary source

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  • What state or federal agencies are responsible for evaluating records from the PADOH cancer registry? Are all types of cancers considered in this evaluation [including rare and/or environmentally associated cancers]?

    A few important items to note regarding the Pennsylvania Cancer Registry:  PADOH’s Pennsylvania Cancer Registry is a statewide data system responsible for collecting information on all new cases of cancer diagnosed or treated in Pennsylvania. It is part of the National Program of Cancer Registries

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  • Accidental releases from non-covered processes

    Should the owner or operator include accidental releases from processes containing listed substances below the threshold quantity in the five-year accident history required under the hazard assessment provisions of 40 CFR Part 68, Subpart B, and in the incident investigation requirements under 40

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  • Administrative controls considered when determining worst-case release quantity

    For the purpose of analyzing the worst-case release scenario required as part of the hazard assessment at 40 CFR Part 68, Subpart B, the worst-case release quantity is identified as the greatest amount held in a single vessel or pipe, taking into account administrative controls that limit the

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