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  • State air permitting agency assigning EPA implementation and enforcement

    Can a state air permitting agency unilaterally assign to EPA the implementation and enforcement of the requirements of 40 CFR Part 68.215(e)? No, such reassignment of responsibilities can only be achieved by the state entering into a written agreement with the Administrator under which EPA will implement and enforce the…

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  • RMP Self-Paced Training Courses

    Does EPA offer any self-paced training courses covering the Risk Management Program under Clean Air Act Section 112(r)? Yes, EPA Region 7 developed self-paced training modules for facilities with program level 1, 2 or 3 processes. The modules cover topics such as RMP applicability, offsite consequence analysis, 5-year accident history…

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  • Naturally Occurring Hydrocarbon Mixtures Exemption

    Pursuant to the risk management program regulations under 40 CFR §68.115(b)(2)(iii), regulated substances in naturally occurring hydrocarbon mixtures prior to entry into a natural gas processing plant or a petroleum refining process unit do not need to be considered when determining whether more than a threshold quantity is present at…

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  • Are facilities that have received ISO 14001 certification exempt from audits?

    If we have been audited by a qualified third party, for ISO 14001 certification or for other programs, are we exempt from audits? No. However, you may want to inform your implementing agency that you have gained such certification and indicate whether the third party reviewed Part 68 compliance as…

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  • Will risk management plan (RMP) submissions be subject to audits?

    Will risk management plan (RMP) submissions be subject to audits? If so, who will conduct the audits? Yes. According to 40 CFR §68.220(a), the implementing agency will periodically audit RMPs in order to review their adequacy, and may require revisions of RMPs as necessary to ensure compliance. The implementing agency…

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  • Applicable requirements for Title V air permits

    Under the CAA, air permitting authorities must ensure that sources are in compliance with applicable requirements to issue a permit. Do the CAA §112(r) provisions constitute applicable requirements for Title V air permits? Yes. Section 112(r) is an applicable requirement for CAA Title V air permits under 40 CFR Parts…

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  • Comprehensiveness and format of a management system

    What is a management system (40 CFR §68.15(a))? How comprehensive must it be? Is there a standard format? The management system required under Subpart A of 40 CFR Part 68 is essentially a system defined by facility managers for integrating the implementation of the risk management program elements and assigning…

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  • Consolidated List of Chemicals Subject to EPA Regulatory Programs

    EPA implements a number of regulatory programs that use specific chemical lists as part of the process to determine reporting applicability. Is there a consolidated list of chemicals that are subject to EPA programs? The Consolidated List of Chemicals subject to the Emergency Planning and Community Right-To-Know Act (EPCRA), Comprehensive…

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  • How to deregister facility from risk management program

    How do I deregister my facility from the risk management program? If a facility is no longer subject to the risk management program, the facility owner or operator must deregister within six months (40 CFR §68.190(c)). To deregister, you should submit a letter to the RMP Reporting Center within six…

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  • Is there an EPA enforcement policy for violators of CAA §112 and the risk management program rule?

    Yes, EPA has issued a Final Combined Enforcement Policy for section §112(r) Risk Management Program .

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  • CFAT Impacts on EPCRA and RMP

    The Department of Homeland Security’s Chemical Facility Anti-Terrorism Standards (CFATS) impose comprehensive federal security regulations for high-risk chemical facilities. Do the CFATS alter the requirements that apply to a facility covered under both CFATS and either the Emergency Planning and Community Right-to-Know Act (EPCRA) or the Clean Air Act §112(r)…

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  • States with authority to implement / enforce the risk management program rule

    Which states have been granted delegation of EPA's authority to implement and enforce the risk management program rule? The current list of delegated states and counties is: Delaware, Florida, Georgia, Mississippi, New Jersey, North Carolina, North Dakota, Ohio, and South Carolina. Additionally, the following territories and local jurisdictions have delegation…

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  • Implementing agency liability for accidents at stationary sources

    Are implementing agencies for the risk management program liable for an accident that occurs at a covered stationary source? No. The primary responsibility for accident prevention is the facility's. The Clean Air Act does not assign any liability to the implementing agency (i.e., EPA or state or local government agencies)…

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  • Adding chemicals to list of regulated substances

    CAA §112(r)(3) provides EPA the authority to amend the list of regulated substances. Does EPA expect to add chemicals to the list of regulated substances in the near future? At this time, EPA does not expect to add any chemicals to the list of regulated substances. The statute, however, requires…

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  • Are there any RMP recordkeeping requirements?

    Are there any recordkeeping requirements specified in the risk management program (RMP) regulations in 40 CFR Part 68? The owner or operator of a stationary source that is subject to the RMP regulations must maintain records supporting the implementation of Part 68 for five years (§68.200).

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