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  • What is the definition of a retail facility?

    A flammable substance listed in 40 CFR §68.130 is excluded from the Risk Management Program regulations when it is used as a fuel or held for sale as a fuel at a retail facility (§68.126). What is the definition of a retail facility for the purposes of this exclusion? A…

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  • What does "contiguous property" mean?

    Property that is adjoining. Public rights-of-way (e.g., railroads, highways) do not prevent property from being considered contiguous. Property connected only by rights-of-way are not considered contiguous (e.g., two plants with a connecting pipeline).

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  • Do exemptions for gasoline and hydrocarbon mixtures apply to toxic substances?

    The amendments to the List Rule ( 63 FR 640; January 6, 1998) added exemptions from threshold determination for regulated substances in gasoline that is in distribution or related storage for use as fuel for internal combustion engines, and for regulated substances in naturally occurring hydrocarbon mixtures prior to processing…

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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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  • Aggregating a substance located in multiple processes

    Under 40 CFR Part 68, if multiple processes at a stationary source contain the same regulated substance, must the amounts of the substance in the individual processes be aggregated to determine whether a threshold is exceeded? No. Applicability of the risk management program requirements is based upon the presence of…

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  • NFPA 4 Criteria

    A stationary source has a mixture above the threshold. At standard temperature and pressure, the mixture does not meet the criteria for a National Fire Protection Association flammability rating of 4 (NFPA 4). At elevated temperatures and pressures, however, the mixture meets the NFPA 4 criteria. Is this process covered…

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  • Can the partial pressure exemption be applied to formaldehyde solutions?

    Formaldehyde is not specifically listed with a concentration cutoff, but is listed with the qualifier "solution". Can the partial pressure exemption be applied to formaldehyde solutions? According to 40 CFR §68.115, the amount of any listed toxic substance present in a mixture at a concentration greater than 1% does not…

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  • Ammonia used as agricultural nutrient held by farmers and the general duty clause

    Does the exemption at 40 CFR 68.125 for "ammonia used as an agricultural nutrient, when held by farmers" apply to the CAA Section 112(r)(1) general duty clause? No. The exemption for ammonia held by farmers for use as fertilizer applies only to the provisions of the risk management program regulations…

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  • Applicability for a process at a facility connected to another facility by piping

    The definition of process would seem to say that my process is part of the larger company’s process because they are interconnected. Why can’t the larger company just include my process in its RMP? Your process is not part of the larger company’s stationary source because it does not meet…

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  • Is methane generated on site and used for fuel subject to Part 68?

    A wastewater treatment plant generates methane through a natural digestion process, then stores and uses the methane as fuel. Under 40 CFR Part 68, must the owner or operator of this stationary source evaluate the amount of methane to determine whether more than a threshold amount is present in any…

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  • Ammonia present in ammonium hydroxide

    The list of regulated toxic substances at 40 CFR Section 68.130 includes both "ammonia (anhydrous)" and "ammonia (conc 20% or greater)," but does not include a specific listing for "ammonium hydroxide." The Chemical Abstract Registry Service (CAS) number for ammonium hydroxide is 1336-21-6, and the CAS number for ammonia is…

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  • Is gasoline exempt from the requirements of Part 68?

    Is gasoline exempt from the requirements of 40 CFR Part 68? Although gasoline is not specifically listed as a regulated substance under 40 CFR Section 68.130, it may contain one or more regulated substances. On January 6, 1998 ( 63 FR 640 ), EPA exempted from threshold determination regulated flammable…

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  • Compliance date for adding covered processes

    What happens if I bring a new covered process on line (e.g., install a second storage tank) after submitting my original RMP? For a new covered process added after the initial compliance date, you must be in compliance on the date you first have a regulated substance above the threshold…

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  • Covered chemicals and the definition of process

    Does a chemical need to be in a process to be covered by the CAA §112(r) risk management program requirements? The risk management program requirements apply to owners and operators of stationary sources that have more than a threshold quantity of a regulated substance contained in a process (40 CFR…

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  • What is the definition of a "technically qualified individual"?

    For the purpose of determining whether more than a threshold amount of a regulated substance is present at a stationary source under 40 CFR Part 68, certain exemptions may apply. One exemption is for regulated substances that are "manufactured, processed, or used in a laboratory at a stationary source under…

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