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• Why are industries exempt under OSHA's PSM subject to RMP?

  The Program 3 prevention program requirements under 40 CFR Part 68 are almost identical to the requirements of OSHA's process safety management (PSM) standard. OSHA exempts certain industries from the PSM standard. Why does EPA not exempt those same industries from the CAA §112(r) risk management program requirements? EPA and…

  • Last published: May 22, 2024

• What if the quantity in the process fluctuates?

  What if the quantity in the process fluctuates? I may not have a threshold quantity now, but I will intermittently exceed the threshold quantity. You do not need to comply with the rule and file an RMP unless you have more than threshold quantity in a process; however, once you…

  • Last published: May 22, 2024

• Process identification and distance between vessels

  How far apart do separate vessels have to be to be considered different processes? There is no hard and fast rule for how great this distance should be before you do not need to consider the vessels as part of one process. Two vessels at opposite ends of a large…

  • Last published: May 28, 2024

• What does "same industrial group" mean?

  Operations at a site that belong to the same three-digit North American Industry Classification System (NAICS) code prefix (which has replaced the old SIC codes) belong to the “same industrial group. In addition, where one or more operations at the site serve primarily as support facilities for the main operation…

  • Last published: May 28, 2024

• Updating RMP if EPA lists a new substance

  What if EPA lists a new substance? You will have three years from the date on which the new listing is effective to come into compliance for any process that is covered because EPA has listed a new substance.

  • Last published: May 28, 2024

• Should tank capacity be considered when determining thresholds?

  When determining whether a threshold amount of a regulated substance is present in a process (e.g., a tank), must the owner or operator of a stationary source consider the total capacity of the process, or the actual amount of regulated substance contained in the process? The threshold determination is based…

  • Last published: May 28, 2024

• If RFG is shipped from a refinery to a terminal through a proprietary pipeline system, may the pipeline rely on the refinery and terminal test results to satisfy the quality assurance defense element?

  See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . In a case where EPA documents a downstream standard violation at a proprietary terminal that is served only by a proprietary pipeline that receives gasoline only from a proprietary refinery, the company that owns the refinery, pipeline and…

  • Last published: July 10, 2024

• If, due to piping constraints, a refiner must put a purchased or inter-refinery transferred batch of finished gasoline through the refinery blendstock system, but does so without the batch losing integrity, must the refiner include the batch in his compli

  See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . No. As per § 80.65(i) of the regulations, any refiner, importer, or oxygenate blender shall exclude from all compliance calculations, the volume and properties of any RFG that is produced at another refinery or oxygenate blending facility, or…

  • Last published: July 10, 2024

• In areas where an oxy fuels program is in effect, how do these requirements coincide with RFG requirements? In areas where there is an overlap, are any regulatory changes necessary by the state?

  See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . In areas that are covered by both a state's winter oxy fuels and the federal RFG programs, the fuel must comply with both program requirements. Therefore, the more stringent 2.7 wt% minimum requirement of the winter oxy fuels…

  • Last published: July 10, 2024

• If foreign product is acquired by an importer through an exchange agreement instead of a sale, does it change identification of the importer for RFG reporting purposes?

  See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . No. The person who is the importer of record for Customs purposes should be the importer for RFG purposes, and this is usually the gasoline owner, regardless of how that ownership was acquired.(7/1/94) This question and answer was…

  • Last published: July 10, 2024

• If terminals utilize the services of outside laboratories for periodic sampling and testing, how can the terminal limit exposure to liability in the event non-complying product from the tested tank(s) leaves the terminal during the three or four days befo

  See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . A terminal-distributor's release of RFG that does not meet applicable standards would constitute a violation of § 80.78(a)(1) for which the distributor would be liable, and it would not be a defense if the violation was caused by…

  • Last published: July 10, 2024

• If a pipeline must be classified as a refiner, how would that be handled administratively by EPA? Since pipelines don't own the product, would pipeline have to become buyers and sellers for regulatory purposes?

  See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Refiners must be registered with EPA. The pipeline need not be an owner of the gasoline to be a refiner.(7/1/94) This question and answer was posted at Consolidated List of Reformulated Gasoline and Anti-Dumping Questions and Answers: July…

  • Last published: July 11, 2024

• What are the sampling and testing requirements for terminal blenders (barges, trucks and pipelines)?

  See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . If the facility's activities fit the definition of a refiner, it would have to sample and test each batch of gasoline as required under § 80.65(e). If its activities fit the definition of an oxygenate blender, it would…

  • Last published: July 11, 2024

• What are the requirements for retailers in the covered areas?

  See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Retailers are subject to certain controls and prohibitions on reformulated gasoline as provided in § 80.78 of the regulations, such as meeting downstream standards, not selling conventional gasoline in RFG areas, selling VOC-controlled gasoline for the proper VOC…

  • Last published: July 11, 2024

• What information needs to be included on RBOB product transfer documents? Is any information about min/max's required?

  See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . The PTD requirements pertaining to RBOB can be found in § 80.77. They include the type of RBOB and the type and amount of oxygenate to be added as well as the min/max's for benzene and RVP, for…

  • Last published: July 11, 2024