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  • Five-Year Accident History for Non-Gas Releases

    Pursuant to 40 CFR §68.42(a), the owner or operator of a stationary source subject to the risk management program regulations must document significant accidental releases of regulated substances from a covered process in the five years prior to the submission of an initial or updated risk management plan (RMP). For…

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  • Why were ERPG-2 values selected as toxic endpoints instead of ERPG-3?

    An endpoint is needed for analysis of offsite consequences of potential accidental releases of regulated substances. The endpoint to be used for each regulated toxic substance is provided in Part 68, Appendix A, and is the Emergency Response Planning Guideline level 2 (ERPG-2) developed for the substance by the American…

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  • Release scenarios for substances exhibiting flammability and toxicity

    Under the hazard assessment requirements in 40 CFR Part 68, Subpart B, an owner or operator must analyze worst-case release scenarios and more likely alternative release scenarios, and must document a five-year accident history. If a regulated substance exhibits characteristics of both toxicity and flammability, should owners and operators consider…

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  • Worst-case “quantity released” reporting for a mixture

    In section 2, element 2.5, of an RMP, facilities must report the quantity of toxic chemical that the facility used for the worst-case analysis. When reporting this data element in RMP*eSubmit for a mixture, should facilities report the entire weight of the toxic mixture potentially being released or only the…

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  • What is the content of Part 68, Subpart F and when was it promulgated?

    The regulatory text of the June 20, 1996, Risk Management Program Rule ( 61 FR 31668 ) does not include Subpart F. What is the content of Subpart F and when was it promulgated? Subpart F of 40 CFR Part 68 consists of the regulations concerning the list of regulated…

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  • Worst-case release scenarios for salt domes

    Would all of the regulated substances stored in a salt dome be assumed to be released in the worst-case scenario? The worst case scenario for salt domes would be examined in a manner similar to that for underground storage tanks. Reservoirs or vessels sufficiently buried underground are passively mitigated or…

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  • Air dispersion models for release scenarios

    Under the hazard assessment requirements of 40 CFR Part 68, Subpart B, an owner or operator is required to analyze a worst-case release scenario and more likely alternative release scenarios. Has EPA developed any air dispersion models for conducting these evaluations? Is EPA's TScreen model an appropriate technique? EPA has…

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  • Differences between the risk management program and EPCRA

    How do the Clean Air Act (CAA) risk management program requirements differ from the hazardous chemical reporting requirements under the Emergency Planning and Community Right-to-Know Act (EPCRA)? The hazardous chemical reporting requirements under EPCRA §§311 and 312 (40 CFR Part 370) are separate and distinct from those under CAA §112(r)…

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  • What are the anticipated uses of risk management plans?

    What are some of the anticipated uses for the Risk Management Plans (RMPs)? RMPs will be used by many different audiences in many different ways. Industry and trade associations will use RMPs to understand common industry practice and identify practices that could be utilized to reduce risks at facilities. The…

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  • Are OSHA Voluntary Protection Program facilities exempt from audits?

    If we are a Voluntary Protection Program (VPP) facility under OSHA’s VPP program, are we exempt from audits? You are exempt from audits that are based on the accident history of your industry sector or on random, neutral oversight. However, part 68 includes other criteria for deciding what facilities to…

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  • Correcting RMP with new emergency contact information

    Pursuant to the risk management program regulations, the owner or operator of a regulated stationary source is required to submit a correction within one month of any change in the emergency contact information (40 CFR §68.195(b)). What should the owner or operator do for the required correction if they do…

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  • RMP enforcement powers - states, LEPCs, and fire departments

    Would states that have not applied for or received delegation of Clean Air Act 112r/RMP have any enforcement powers? Do LEPCs or fire departments have any enforcement powers? Would this be through the citizen suit provision or is there another statutory mechanism? States that have not applied for or received…

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  • What are the responsibilities of the Chemical Safety and Hazard Investigation Board?

    Section 112(r)(6) of the CAA as amended in 1990 required the President to establish a Chemical Safety and Hazard Investigation Board. Has the Board been established? What are the responsibilities of this Board? The Chemical Safety and Hazard Investigation Board has been established. The Board's responsibilities include investigating chemical accidents…

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  • Are facilities required to use an Integrated Contingency Plan?

    A number of federal statutes and regulations require emergency response planning (e.g., risk management planning under the Clean Air Act Section 112(r), contingency planning under RCRA, and facility response planning under the Oil Pollution Act). On June 5, 1996, the National Response Team (NRT), published the Integrated Contingency Plan ("One…

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  • Do the OSHA PSM training requirements satisfy RMP personnel training?

    Under the risk management program regulations at 40 CFR Part 68, sources with Program 2 and Program 3 covered processes are required to develop prevention programs that include personnel training. Will compliance with the training requirements under OSHA's Process Safety Management standard (PSM) satisfy the training requirements under 40 CFR…

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