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Can a facility divide a process when assigning program levels?
My process includes a series of interconnected units, as well as several storage vessels that are co-located. Several sections of the process could qualify for Program 1. Can I divide my process into sections for the purpose of assigning Program levels? No, you cannot subdivide a process for this purpose…
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If a stationary source has processes ineligible for Program 1, are all processes ineligible?
If a stationary source has several processes that are covered under 40 CFR Part 68, and some of those processes have had an accidental release within the past five years (effectively making those processes ineligible for Program 1 status), are the individual processes from which no accidents have occurred also…
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If a covered process has an accident, when does it lose eligibility for Program 1 status?
A process covered under 40 CFR Part 68 is eligible for Program 1 requirements if it meets all of the criteria listed at 40 CFR §68.10(b). Those criteria include a requirement that the process cannot have had an accidental release of a regulated substance that led to offsite death, injury…
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Applicability of program levels and prevention program requirements for co-located vessels
I have a tank with 1,000,000 pounds of toluene diisocyanate (TDI), which is covered under the RMP rule, but not under OSHA PSM. Considered by itself, the TDI would be Program 2 for EPA. The tank, however, is close to equipment that has chlorine above the applicable threshold and is…
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Changing from a Program 2 or 3 process to a Program 1 process
If five years have passed since the last accident involving a covered process, and that process meets the other two requirements identified under 40 CFR §68.10(b) for Program 1 eligibility, could that process become a Program 1 process even if it had previously been identified as a Program 2 or…
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What sources make up the Tier 1 categories used in the emissions trends?
Tier 1 categories are assigned by source classification codes (SCCs) that are the most specific processes available in the NEI. The latest SCC list with the Tier 1 assignments can be downloaded from the EPA SCC website in Comma Separate Values (CSV) format.
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What is the cause of the large decrease in electric utility emissions, particularly sulfur dioxide, starting in 1995?
SO2 emissions reductions from utilities during this time are primarily attributed to the impacts of the acid rain program. As described on EPA’s Acid Rain Program web page, Phase 1 of this program began in 1995 and affected 263 units at 110 most coal-burning electric utility plants in 21 eastern…
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My neighbor is re-siding and re-roofing his house and there is material all over the ground. Do I need to be worried about asbestos exposure?
Not all house siding or roofing materials contain asbestos. If you are concerned the material might contain asbestos, you can ask your neighbor whether or not the material has been tested for asbestos. Federal regulations regarding renovations or demolitions of asbestos-containing materials do not apply to a homeowner’s renovation of…
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How do I know if I have asbestos in my home (in floor tile, ceiling tile, shingles, siding, etc.)?
The only way to be sure whether a material contains asbestos is to have it tested by a qualified laboratory. EPA only recommends testing suspect materials if they are damaged (fraying, crumbling) or if you are planning a renovation that would disturb the suspect material. Samples should be taken by…
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Assigning program level 1 if a public receptors is just beyond distance to endpoint
Our distance to the endpoint for the worst-case release is 0.3 miles. The nearest public receptor is 0.32 miles away. What tools are available to document that the public receptor is beyond the distance to the endpoint so we can qualify for Program 1? The results of any air dispersion…
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Process that meets Program 1 requirements and Program 3 applicability
Program 3 applies to processes in certain NAICS codes as well as any process subject to the OSHA Process Safety Management (PSM) standard, unless the process is eligible for Program 1. If a process meets the requirements of Program 1, but is also in NAICS code 32211 (one of those…
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Can a process qualify for Program 1 if it has had an accident?
A process with more than a threshold quantity of a regulated substance had an accident with off-site consequences three years ago. After the accident, we altered the process to reduce the quantity stored onsite. Now the worst-case release scenario indicates that there are no public receptors within the distance to…
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Program level 1 eligibility and accident history
A process with more than a threshold quantity of a regulated substance had an accident with off-site consequences three years ago. After the accident, we altered the process to reduce the quantity stored on site, although the quantity still exceeds the threshold quantity. Now the worst case release scenario indicates…
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Program level 3 applicability and whether states have delegated OSHA programs
I am a publicly owned facility in a state with a delegated OSHA program. Why are my processes considered to be in Program 3 when the same processes in a state where federal OSHA runs the program are in Program 2? Federal OSHA cannot impose its rules on state or…
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Are evacuations and sheltering-in-place considered for Program 1 eligibility?
A facility performed a worst-case release scenario and determined that there are no public receptors within the endpoints. There are several residences located just outside the endpoint. In reviewing the five year accident history, there were several releases of a regulated substance, in which the residences were notified by the…
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