Accidental releases from non-covered processes

Should the owner or operator include accidental releases from processes containing listed substances below the threshold quantity in the five-year accident history required under the hazard assessment provisions of 40 CFR Part 68, Subpart B, and in the incident investigation requirements under 40 CFR Part 68, Subparts C and D?

No. The owner or operator of a stationary source subject to the risk management program regulations must include in the five-year accident history only those accidents from covered processes that resulted in deaths, injuries, or significant property damage on site, or known offsite deaths, injuries, evacuations, sheltering in place, property damage or environmental damages (40 CFR §68.42(a)). "Covered process" is defined as a process that has a regulated substance present in more than a threshold quantity (40 CFR §68.3). Because the accident history is, by statute, an aspect of the hazard assessment, and the hazard assessment provisions apply only to covered processes, EPA believes that requiring the accident history to address accidental releases from processes not covered by this rule would be inconsistent with the structure of Part 68 (61 FR 31697; June 20, 1996).

The incident investigation provisions (40 CFR §§68.60 and 68.81) are part of the Program 2 and Program 3 prevention programs. Similarly, these provisions apply only to accidental releases from a covered process that resulted in or could reasonably have resulted in a release that posed serious danger to public health or the environment.