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  • Will the general duty clause be delegated?

    The general duty clause (CAA section 112(r)(1)) is not included in Part 68 and, therefore, will not be delegated to states that have taken implementation of the RMP program. States, however, may adopt their own general duty clause under state law.

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  • Threshold determination for a single process with oleum and sulfur trioxide

    Oleum, which is a mixture of sulfuric acid and sulfur trioxide, is listed as a regulated toxic substance in 40 CFR §68.130. Sulfur trioxide is also listed individually as a regulated toxic substance. If a single process consists of one vessel containing oleum and one vessel containing sulfur trioxide, must…

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  • RMP Covered Facilities

    Who is covered by the RMP rule under CAA §112(r)(7)? Section 112(r) of the CAA contains several provisions. The two most relevant to the regulated community at this time are Sections 112(r)(1) and 112(r)(7). Owners and operators of stationary sources at which regulated or any other extremely hazardous substances are…

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  • How are thresholds for regulated toxic substances in mixtures determined?

    Formaldehyde is listed as a regulated substance under 40 CFR 68.130 with the qualifier "(solution)." When determining whether a threshold amount of this substance exists in a process, should a person consider the weight of the entire solution, or simply the amount of formaldehyde in the solution? How are thresholds…

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  • Are bulk storage terminals exempt from filing a Risk Management Plan?

    There is no general exemption for bulk storage terminals. However, the threshold exemption for "regulated substances in naturally occurring hydrocarbon mixtures prior to entry into a natural gas processing plant or a petroleum refining processing unit" would exempt certain storage terminals, such as crude oil storage terminals where the regulated…

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  • How large would a pipe have to be to contain a threshold amount of methane?

    An owner or operator of a stationary source that has more than a threshold quantity of a regulated substance in a process must comply with the requirements in 40 CFR Part 68. How large would a pipe have to be to contain a threshold amount (10,000 pounds) of methane? Assuming…

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  • Do the risk management program regulations cover the loading and unloading of transportation containers?

    Would the risk management program regulations cover the loading and unloading of transportation containers? The definition of stationary source includes transportation containers used for storage not incident to transportation and transportation containers connected to equipment at a stationary source for loading or unloading (40 CFR Section 68.3). In a January…

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  • Are methane processes at landfills subject to RMP?

    Some landfills collect methane gas and either vent, flare, or store it for subsequent fuel use. Are methane processes at landfills subject to the requirements of the EPA Risk Management Program? In general, methane processes at landfills will not be covered under the Risk Management Program. Methane that is collected…

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  • Can EPA add chemicals to the list of regulated substances under Part 68?

    Can EPA on its own initiative add chemicals to the list, or must it receive a petition from an outside party first and then follow the petition process? EPA may revise the list of regulated substances at the discretion of the Administrator or as a result of petitions. Modifications to…

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  • What is the content of Part 68, Subpart F and when was it promulgated?

    The regulatory text of the June 20, 1996, Risk Management Program Rule ( 61 FR 31668 ) does not include Subpart F. What is the content of Subpart F and when was it promulgated? Subpart F of 40 CFR Part 68 consists of the regulations concerning the list of regulated…

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  • Covered chemicals and the definition of process

    Does a chemical need to be in a process to be covered by the CAA §112(r) risk management program requirements? The risk management program requirements apply to owners and operators of stationary sources that have more than a threshold quantity of a regulated substance contained in a process (40 CFR…

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  • Do exemptions for gasoline and hydrocarbon mixtures apply to toxic substances?

    The amendments to the List Rule ( 63 FR 640; January 6, 1998) added exemptions from threshold determination for regulated substances in gasoline that is in distribution or related storage for use as fuel for internal combustion engines, and for regulated substances in naturally occurring hydrocarbon mixtures prior to processing…

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  • What does "contiguous property" mean?

    Property that is adjoining. Public rights-of-way (e.g., railroads, highways) do not prevent property from being considered contiguous. Property connected only by rights-of-way are not considered contiguous (e.g., two plants with a connecting pipeline).

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  • What is the definition of "process"?

    Process, as defined at 40 CFR §68.3, means any activity involving a regulated substance, including any use, storage, manufacturing, handling, or on-site movement of such substances, or combination of these activities. Any group of vessels that are interconnected, or separate vessels that are located such that a regulated substance could…

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  • What is the definition of a retail facility?

    A flammable substance listed in 40 CFR §68.130 is excluded from the Risk Management Program regulations when it is used as a fuel or held for sale as a fuel at a retail facility (§68.126). What is the definition of a retail facility for the purposes of this exclusion? A…

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