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  • Why are industries exempt under OSHA's PSM subject to RMP?

    The Program 3 prevention program requirements under 40 CFR Part 68 are almost identical to the requirements of OSHA's process safety management (PSM) standard. OSHA exempts certain industries from the PSM standard. Why does EPA not exempt those same industries from the CAA §112(r) risk management program requirements? EPA and…

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  • What if the quantity in the process fluctuates?

    What if the quantity in the process fluctuates? I may not have a threshold quantity now, but I will intermittently exceed the threshold quantity. You do not need to comply with the rule and file an RMP unless you have more than threshold quantity in a process; however, once you…

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  • Process identification and distance between vessels

    How far apart do separate vessels have to be to be considered different processes? There is no hard and fast rule for how great this distance should be before you do not need to consider the vessels as part of one process. Two vessels at opposite ends of a large…

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  • What does "same industrial group" mean?

    Operations at a site that belong to the same three-digit North American Industry Classification System (NAICS) code prefix (which has replaced the old SIC codes) belong to the “same industrial group. In addition, where one or more operations at the site serve primarily as support facilities for the main operation…

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  • Updating RMP if EPA lists a new substance

    What if EPA lists a new substance? You will have three years from the date on which the new listing is effective to come into compliance for any process that is covered because EPA has listed a new substance.

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  • Should tank capacity be considered when determining thresholds?

    When determining whether a threshold amount of a regulated substance is present in a process (e.g., a tank), must the owner or operator of a stationary source consider the total capacity of the process, or the actual amount of regulated substance contained in the process? The threshold determination is based…

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  • Is it required that the professional engineer conducting the engineering review must be licensed in the state in which the renewable fuel facility is located?

    See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . The licensed professional engineer should comply with the state laws where the renewable fuel facility is located to determine whether or not their license allows them to conduct business in that state.

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  • I have not seen a reference to the EPA CDX system. Is the CDX system already established or can we submit reports in our choice of electronic formats?

    See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . The Central Data Exchange (CDX) is an established portal through which electronic data are submitted. All registered parties will have to first register with CDX in order to receive a CDX registration number. More information may be found…

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  • May I generate RINs that I produced and sold for non-road use in the past so that I can reinstate those RINs under RFS2?

    See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Section 80.1426(c)(2) provides that RINs are assigned to a volume of renewable fuel when ownership of the RIN is transferred along with ownership of the volume of renewable fuel. A comparable provision appear in the RFS1 regulations, at…

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  • Do I have to register to use CDX and is this a separate registration process?

    See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . You will have to register with CDX. (Registering with CDX is not the same as registering under regulation Section 80.1150.) Instructions are available via our Reporting for Fuel Programs web site. Question and Answer was originally posted at…

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  • Does the chlorine listing apply only to gaseous forms of chlorine?

    There is no qualifier attached to the listing for chlorine (40 CFR §68.130). The listing, therefore, applies to chlorine (CAS number 7782-50-5), regardless of physical state.

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  • If laboratory chemicals are stored outside the laboratory, are they exempt from threshold determination?

    Under 40 CFR Part 68, for the purpose of determining whether more than a threshold amount of a regulated substance is present at a stationary source, certain exemptions may apply. One such exemption is provided for "activities in laboratories" (40 CFR §68.115(b)(6)). If laboratory chemicals are stored outside the laboratory…

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  • Calculating thresholds for toxic substances with concentration qualifiers

    Several toxic substances are listed as regulated substances under 40 CFR §68.130 with concentration qualifiers (e.g., "conc 37% or greater"). What does this concentration mean? When determining whether a threshold amount of these substances exists in a process, should I consider the weight of the entire solution, or simply the…

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  • Is there an exemption for the atmospheric storage of flammables?

    Under OSHA's Process Safety Management Standard, an exemption is provided for atmospheric storage of flammables. Has EPA included this exemption under the risk management program regulations? No. There is no exemption from the risk management program requirements for atmospheric storage of flammable substances because the list of regulated flammable substances…

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  • How did the January 6, 1998, final rule affect the definition of stationary source?

    How did the January 6, 1998, final rule ( 63 FR 640 ) affect the definition of stationary source, as it relates to the transportation exemption? The January 6, 1998 final rule amended the regulatory definition of stationary source by removing previous references to "active shipping papers" and "temporary storage"…

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