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  • Stationary source subject to OSHA PSM but below EPA threshold

    A stationary source is subject to the OSHA process safety management standard (PSM) because it exceeds the OSHA PSM threshold for chlorine. The stationary source does not, however, exceed the threshold for chlorine (or any other regulated substances) in a process under the Risk Management Program regulations (40 CFR §68.130)…

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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 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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  • 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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  • 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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  • Amounts of chlorine present in sodium hypochlorite

    Must the amount of chlorine present in sodium hypochlorite be considered when determining whether a process is subject to the Risk Management Program regulations in 40 CFR Part 68? No. The risk management program regulations apply only to processes that contain more than a threshold quantity of one of the…

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  • Is replacing a process tank considered a modification?

    If an RMP covered facility replaces a storage tank that is a covered process with a new tank containing the same regulated substance, is this considered to be a modification of an existing process, or a new process? Assuming the new tank contains the same substance and occupies the same…

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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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  • 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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  • What is the general duty clause?

    What is the general duty clause under CAA §112(r)(1)? The CAA general duty clause directs owners and operators of stationary sources to identify hazards that may result from accidental releases, to design and maintain a safe facility, and to minimize the consequences of releases when they occur.

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