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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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  • 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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  • 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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  • Changes required for adding new reactor vessels for same substance

    What if I change a process by adding new reactor vessels, but do not change the substances? Because increasing the number of reactor vessels is usually a major change to your process, you will have six months to update your RMP to reflect changes in your prevention program elements and…

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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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  • 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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  • 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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  • 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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  • Acid aerosol reducing additive as passive mitigation

    A refinery uses a special proprietary additive to their hydrofluoric acid (HF) alkylation process. This HF additive has shown in tests to significantly reduce aerosol forms of HF during accidental releases, and therefore reduce the distance traveled by HF releases. The additive is present at all times during the alkylation…

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  • Can positive buoyancy models be used?

    Yes, provided there is a basis for use and the owner or operator explains the rationale for use of positive buoyancy models.

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  • Who is responsible for preparing and submitting an RMP for leased propane tanks?

    If an owner of a stationary source leases propane tanks from a gas supplier, who is responsible for preparing and submitting the risk management plan (RMP) addressing the propane tanks? The owner of the stationary source is responsible for preparing and submitting the RMP. The risk management program regulations apply…

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  • Is the off-site death of livestock considered environmental damage?

    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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  • Are valves in piping considered administrative controls?

    No, administrative controls are written procedures that limit the quantity stored or flowing through the pipes. Valves are considered active mitigation systems.

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  • Who is responsible for preparing and submitting an RMP for a leased stationary source?

    The "owner or operator" of a stationary source with covered processes is required to comply with the risk management program requirements in 40 CFR Part 68. If a stationary source owner leases the source to an operator, who is responsible for submitting the risk management plan (RMP)? Both the owner…

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  • New owner using existing RMP

    If a Risk Management Plan (RMP) facility is sold to a new owner, does the new owner have to develop a whole new RMP? Or can they use the existing RMP? No, a facility does not complete a new RMP as the facility keeps the original EPA Facility ID number…

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