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  • Table 1 in 80.1426 does not include a coal fired ethanol plant. If a coal fired plant can be demonstrated as "grandfathered-in," can we assume the ethanol produced will have a D code of 6?

    See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Per 80.1403(c), all facilities (including coal-fired facilities) for which construction commenced prior to December 19, 2007 and which completed construction within 36 months without an 18 month hiatus in construction may qualify for grandfathered status regardless of the…

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  • Owner / Operator Compliance Audit Timeline

    The regulations in 40 CFR §§68.58 and 68.79 require the owner or operator of facilities to conduct and document compliance audits at least every three years, although an owner or operator is not required to conduct a compliance audit prior to submitting a facility’s first RMP. Must an owner or…

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  • Program Level 2 and 3 compliance audits

    Facilities with Program Level 2 and 3 processes must perform compliance audits at least once every three years (40 CFR §§68.58 and 68.79). How does a facility submit its compliance audit to EPA? Facilities are not required to submit three year compliance audits to EPA; however, facilities should maintain records…

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  • Maintenance requirements for leased tanks

    I use propane as a raw material in my manufacturing process. I lease the tank from the propane supplier. The supplier does all the maintenance. My staff never work on the equipment. What should I do? As part of your contract with the supplier, it would be helpful to gain…

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  • When must an incident investigation be initiated for Program 2 and 3 processes?

    When must a stationary source owner or operator begin conducting incident investigations as required under 40 CFR §68.60 (for Program 2 processes) or 40 CFR §68.81 (for Program 3 processes)? For both Program 2 and Program 3 processes, the incident investigation must be initiated as soon as possible, but not…

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  • Breaking a process into separate units to comply with prevention program requirements

    Do I have to do my hazard review, process hazard analysis, or other prevention activity on the whole process or can I break it into separate units? Once you have determined that you have a covered process, you can divide the covered process any way you want to implement the…

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  • Applicability of compliance audit provisions to emergency response programs

    I have a Program 2 covered process and a Program 3 covered process at my stationary source, and I am required to conduct compliance audits certifying that I have evaluated compliance with my prevention program requirements at least every three years (40 CFR Sections 68.58 and 68.79). Do these provisions…

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  • What does "materials of construction" mean?

    What does “materials of construction” apply to and how do I find this information? You must document the materials of construction for all process equipment in a covered process. For example, you need to know the materials of construction for process vessels, storage vessels, piping, hoses, valves, and flanges. Equipment…

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