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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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  • Will boiling my water help?

    No. Boiling water will NOT reduce nitrate levels. In fact, it will make the level of nitrate worse because some of the water will evaporate but the nitrate will not. This increases the concentration of nitrate in water.

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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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  • What should I do if my water has elevated nitrates and/or exceeds the MCL?

    If nitrate exceeds the MCL of 10 mg/L, you should find a safe alternative drinking water supply. The quickest thing to do is to begin using bottled water for drinking. Another option is to install a treatment that will remove nitrate from your water such as reverse osmosis or a…

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  • Is it safe to shower or bathe in water if it is over the nitrate MCL of 10 mg/L?

    Nitrate is only a concern for ingestion (eating and drinking). It is not absorbed through your skin. People who install filter systems for nitrate often install them just for their kitchen sink faucet, and they use that faucet for their cooking and drinking water.

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  • What is EPA doing?

    EPA is working with its governmental partners and other stakeholders to investigate and address the issue. Most recently, EPA issued a letter to the state of Minnesota requesting a plan of action to address nitrate contamination in drinking water.

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  • Why is nitrate contamination a concern?

    Nitrate is an acute contaminant, meaning that health effects can occur immediately (I.e. within hours or days) of short-term exposure. Too much nitrate in your body makes it harder for red blood cells to carry oxygen. While most people recover quickly, this can be very dangerous for infants and some…

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