162 

Pt. 67, App. A 40 CFR Ch. I (7–1–13 Edition) 

local agent, any noncompliance penalties owed by the source owner or operator shall be paid to the State or 

local agent. 

APPENDIX A TO PART 67—TECHNICAL

SUPPORT DOCUMENT

NOTE: EPA will make copies of appendix A 

available from: Director, Stationary Source 

Compliance Division, EN–341, 1200 Pennsylvania Ave., NW., Washington, DC 20460. 

[54 FR 25259, June 20, 1989] 

APPENDIX B TO PART 67—INSTRUCTION

MANUAL

NOTE: EPA will make copies of appendix B 

available from: Director, Stationary Source 

Compliance Division, EN–341, 1200 Pennsylvania Ave., NW., Washington, DC 20460. 

[54 FR 25259, June 20, 1989] 

APPENDIX C TO PART 67—COMPUTER

PROGRAM

NOTE: EPA will make copies of appendix C 

available from: Director, Stationary Source 

Compliance Division, EN–341, 1200 Pennsylvania., NW., Washington, DC 20460. 

[54 FR 25259, June 20, 1989] 

PART 68—CHEMICAL ACCIDENT 

PREVENTION PROVISIONS 

Subpart A—General 

Sec. 

68.1 Scope. 

68.3 Definitions. 

68.10 Applicability. 

68.12 General requirements. 

68.15 Management. 

Subpart B—Hazard Assessment 

68.20 Applicability. 

68.22 Offsite consequence analysis parameters. 

68.25 Worst-case release scenario analysis. 

68.28 Alternative release scenario analysis. 

68.30 Defining offsite impacts—population. 

68.33 Defining offsite impacts—environment. 

68.36 Review and update. 

68.39 Documentation. 

68.42 Five-year accident history. 

Subpart C—Program 2 Prevention Program 

68.48 Safety information. 

68.50 Hazard review. 

68.52 Operating procedures. 

68.54 Training. 

68.56 Maintenance. 

68.58 Compliance audits. 

68.60 Incident investigation. 

Subpart D—Program 3 Prevention Program 

68.65 Process safety information. 

68.67 Process hazard analysis. 

68.69 Operating procedures. 

68.71 Training. 

68.73 Mechanical integrity. 

68.75 Management of change. 

68.77 Pre-startup review. 

68.79 Compliance audits. 

68.81 Incident investigation. 

68.83 Employee participation. 

68.85 Hot work permit. 

68.87 Contractors. 

Subpart E—Emergency Response 

68.90 Applicability. 

68.95 Emergency response program. 

Subpart F—Regulated Substances for 

Accidental Release Prevention 

68.100 Purpose. 

68.115 Threshold determination. 

68.120 Petition process. 

68.125 Exemptions. 

68.126 Exclusion. 

68.130 List of substances. 

Subpart G—Risk Management Plan 

68.150 Submission. 

68.151 Assertion of claims of confidential 

business information. 

68.152 Substantiating claims of confidential 

business information. 

68.155 Executive summary. 

68.160 Registration. 

68.165 Offsite consequence analysis. 

68.168 Five-year accident history. 

68.170 Prevention program/Program 2. 

68.175 Prevention program/Program 3. 

68.180 Emergency response program. 

68.185 Certification. 

68.190 Updates. 

Subpart H—Other Requirements 

68.200 Recordkeeping. 

68.210 Availability of information to the 

public. 

68.215 Permit content and air permitting 

authority or designated agency requirements. 

68.220 Audits. 

APPENDIX A TO PART 68—TABLE OF TOXIC

ENDPOINTS

AUTHORITY: 42 U.S.C. 7412(r), 7601(a)(1), 

7661–7661f. 

SOURCE: 59 FR 4493, Jan. 31, 1994, unless 

otherwise noted. 

163 

Environmental Protection Agency § 68.3 

Subpart A—General 

§ 68.1 Scope. 

This part sets forth the list of regulated substances and thresholds, the 

petition process for adding or deleting 

substances to the list of regulated substances, the requirements for owners or 

operators of stationary sources concerning the prevention of accidental 

releases, and the State accidental release prevention programs approved 

under section 112(r). The list of substances, threshold quantities, and accident prevention regulations promulgated under this part do not limit in 

any way the general duty provisions 

under section 112(r)(1). 

§ 68.3 Definitions. 

For the purposes of this part: 

Accidental release means an unanticipated emission of a regulated substance or other extremely hazardous 

substance into the ambient air from a 

stationary source. 

Act means the Clean Air Act as 

amended (42 U.S.C. 7401 et seq.) 

Administrative controls mean written 

procedural mechanisms used for hazard 

control. 

Administrator means the administrator of the U.S. Environmental Protection Agency. 

AIChE/CCPS means the American Institute of Chemical Engineers/Center 

for Chemical Process Safety. 

API means the American Petroleum 

Institute. 

Article means a manufactured item, 

as defined under 29 CFR 1910.1200(b), 

that is formed to a specific shape or design during manufacture, that has end 

use functions dependent in whole or in 

part upon the shape or design during 

end use, and that does not release or 

otherwise result in exposure to a regulated substance under normal conditions of processing and use. 

ASME means the American Society 

of Mechanical Engineers. 

CAS means the Chemical Abstracts 

Service. 

Catastrophic release means a major 

uncontrolled emission, fire, or explosion, involving one or more regulated 

substances that presents imminent and 

substantial endangerment to public 

health and the environment. 

Classified information means ‘‘classified information’’ as defined in the 

Classified Information Procedures Act, 

18 U.S.C. App. 3, section 1(a) as ‘‘any 

information or material that has been 

determined by the United States Government pursuant to an executive 

order, statute, or regulation, to require 

protection against unauthorized disclosure for reasons of national security.’’ 

Condensate means hydrocarbon liquid 

separated from natural gas that condenses due to changes in temperature, 

pressure, or both, and remains liquid at 

standard conditions. 

Covered process means a process that 

has a regulated substance present in 

more than a threshold quantity as determined under §68.115. 

Crude oil means any naturally occurring, unrefined petroleum liquid. 

Designated agency means the state, 

local, or Federal agency designated by 

the state under the provisions of 

§68.215(d) . 

DOT means the United States Department of Transportation. 

Environmental receptor means natural 

areas such as national or state parks, 

forests, or monuments; officially designated wildlife sanctuaries, preserves, 

refuges, or areas; and Federal wilderness areas, that could be exposed at 

any time to toxic concentrations, radiant heat, or overpressure greater than 

or equal to the endpoints provided in 

§68.22(a) , as a result of an accidental 

release and that can be identified on 

local U. S. Geological Survey maps. 

Field gas means gas extracted from a 

production well before the gas enters a 

natural gas processing plant. 

Hot work means work involving electric or gas welding, cutting, brazing, or 

similar flame or spark-producing operations. 

Implementing agency means the state 

or local agency that obtains delegation 

for an accidental release prevention 

program under subpart E, 40 CFR part 

63. The implementing agency may, but 

is not required to, be the state or local 

air permitting agency. If no state or 

local agency is granted delegation, 

EPA will be the implementing agency 

for that state. 

Injury means any effect on a human 

that results either from direct exposure to toxic concentrations; radiant 

164 

§ 68.3 40 CFR Ch. I (7–1–13 Edition) 

heat; or overpressures from accidental 

releases or from the direct consequences of a vapor cloud explosion 

(such as flying glass, debris, and other 

projectiles) from an accidental release 

and that requires medical treatment or 

hospitalization. 

Major change means introduction of a 

new process, process equipment, or regulated substance, an alteration of process chemistry that results in any 

change to safe operating limits, or 

other alteration that introduces a new 

hazard. 

Mechanical integrity means the process of ensuring that process equipment 

is fabricated from the proper materials 

of construction and is properly installed, maintained, and replaced to 

prevent failures and accidental releases. 

Medical treatment means treatment, 

other than first aid, administered by a 

physician or registered professional 

personnel under standing orders from a 

physician. 

Mitigation or mitigation system means 

specific activities, technologies, or 

equipment designed or deployed to capture or control substances upon loss of 

containment to minimize exposure of 

the public or the environment. Passive 

mitigation means equipment, devices, 

or technologies that function without 

human, mechanical, or other energy 

input. Active mitigation means equipment, devices, or technologies that 

need human, mechanical, or other energy input to function. 

NAICS means North American Industry Classification System. 

NFPA means the National Fire Protection Association. 

Natural gas processing plant (gas plant) 

means any processing site engaged in 

the extraction of natural gas liquids 

from field gas, fractionation of mixed 

natural gas liquids to natural gas products, or both, classified as North American Industrial Classification System 

(NAICS) code 211112 (previously Standard Industrial Classification (SIC) code 

1321). 

Offsite means areas beyond the property boundary of the stationary source, 

and areas within the property boundary to which the public has routine and 

unrestricted access during or outside 

business hours. 

OSHA means the U.S. Occupational 

Safety and Health Administration. 

Owner or operator means any person 

who owns, leases, operates, controls, or 

supervises a stationary source. 

Petroleum refining process unit means 

a process unit used in an establishment 

primarily engaged in petroleum refining as defined in NAICS code 32411 for 

petroleum refining (formerly SIC code 

2911) and used for the following: Producing transportation fuels (such as 

gasoline, diesel fuels, and jet fuels), 

heating fuels (such as kerosene, fuel 

gas distillate, and fuel oils), or lubricants; Separating petroleum; or Separating, cracking, reacting, or reforming intermediate petroleum streams. 

Examples of such units include, but are 

not limited to, petroleum based solvent 

units, alkylation units, catalytic 

hydrotreating, catalytic hydrorefining, 

catalytic hydrocracking, catalytic reforming, catalytic cracking, crude distillation, lube oil processing, hydrogen 

production, isomerization, polymerization, thermal processes, and blending, 

sweetening, and treating processes. Petroleum refining process units include 

sulfur plants. 

Population means the public. 

Process 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. For the purposes of this definition, any group of vessels that are 

interconnected, or separate vessels 

that are located such that a regulated 

substance could be involved in a potential release, shall be considered a single process. 

Produced water means water extracted from the earth from an oil or 

natural gas production well, or that is 

separated from oil or natural gas after 

extraction. 

Public means any person except employees or contractors at the stationary source. 

Public receptor means offsite residences, institutions (e.g., schools, hospitals), industrial, commercial, and office buildings, parks, or recreational 

areas inhabited or occupied by the public at any time without restriction by 

the stationary source where members 

of the public could be exposed to toxic 

165 

Environmental Protection Agency § 68.10 

concentrations, radiant heat, or overpressure, as a result of an accidental 

release. 

Regulated substance is any substance 

listed pursuant to section 112(r)(3) of 

the Clean Air Act as amended, in 

§68.130. 

Replacement in kind means a replacement that satisfies the design specifications. 

Retail facility means a stationary 

source at which more than one-half of 

the income is obtained from direct 

sales to end users or at which more 

than one-half of the fuel sold, by volume, is sold through a cylinder exchange program. 

RMP means the risk management 

plan required under subpart G of this 

part. 

Stationary source means any buildings, structures, equipment, installations, or substance emitting stationary 

activities which belong to the same industrial group, which are located on 

one or more contiguous properties, 

which are under the control of the 

same person (or persons under common 

control), and from which an accidental 

release may occur. The term stationary source does not apply to transportation, including storage incident 

to transportation, of any regulated 

substance or any other extremely hazardous substance under the provisions 

of this part. A 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. Transportation includes, but is not limited 

to, transportation subject to oversight 

or regulation under 49 CFR parts 192, 

193, or 195, or a state natural gas or 

hazardous liquid program for which the 

state has in effect a certification to 

DOT under 49 U.S.C. section 60105. A 

stationary source does not include naturally occurring hydrocarbon reservoirs. Properties shall not be considered contiguous solely because of a 

railroad or pipeline right-of-way. 

Threshold quantity means the quantity specified for regulated substances 

pursuant to section 112(r)(5) of the 

Clean Air Act as amended, listed in 

§68.130 and determined to be present at 

a stationary source as specified in 

§68.115 of this part. 

Typical meteorological conditions 

means the temperature, wind speed, 

cloud cover, and atmospheric stability 

class, prevailing at the site based on 

data gathered at or near the site or 

from a local meteorological station. 

Vessel means any reactor, tank, 

drum, barrel, cylinder, vat, kettle, 

boiler, pipe, hose, or other container. 

Worst-case release means the release 

of the largest quantity of a regulated 

substance from a vessel or process line 

failure that results in the greatest distance to an endpoint defined in 

§68.22(a). 

[59 FR 4493, Jan. 31, 1994, as amended at 61 

FR 31717, June 20, 1996; 63 FR 644, Jan. 6, 1998; 

64 FR 979, Jan. 6, 1999; 65 FR 13250, Mar. 13, 

2000] 

§ 68.10 Applicability. 

(a) An owner or operator of a stationary source that has more than a 

threshold quantity of a regulated substance in a process, as determined 

under §68.115, shall comply with the requirements of this part no later than 

the latest of the following dates: 

(1) June 21, 1999; 

(2) Three years after the date on 

which a regulated substance is first 

listed under §68.130; or 

(3) The date on which a regulated 

substance is first present above a 

threshold quantity in a process. 

(b) Program 1 eligibility requirements. A 

covered process is eligible for Program 

1 requirements as provided in §68.12(b) 

if it meets all of the following requirements: 

(1) For the five years prior to the 

submission of an RMP, the process has 

not had an accidental release of a regulated substance where exposure to the 

substance, its reaction products, overpressure generated by an explosion involving the substance, or radiant heat 

generated by a fire involving the substance led to any of the following offsite: 

(i) Death; 

(ii) Injury; or 

(iii) Response or restoration activities for an exposure of an environmental receptor; 

(2) The distance to a toxic or flammable endpoint for a worst-case release 

166 

§ 68.12 40 CFR Ch. I (7–1–13 Edition) 

assessment conducted under subpart B 

and §68.25 is less than the distance to 

any public receptor, as defined in 

§68.30; and 

(3) Emergency response procedures 

have been coordinated between the stationary source and local emergency 

planning and response organizations. 

(c) Program 2 eligibility requirements. A covered process is subject to 

Program 2 requirements if it does not 

meet the eligibility requirements of either paragraph (b) or paragraph (d) of 

this section. 

(d) Program 3 eligibility requirements. A covered process is subject to 

Program 3 if the process does not meet 

the requirements of paragraph (b) of 

this section, and if either of the following conditions is met: 

(1) The process is in NAICS code 

32211, 32411, 32511, 325181, 325188, 325192, 

325199, 325211, 325311, or 32532; or 

(2) The process is subject to the 

OSHA process safety management 

standard, 29 CFR 1910.119. 

(e) If at any time a covered process 

no longer meets the eligibility criteria 

of its Program level, the owner or operator shall comply with the requirements of the new Program level that 

applies to the process and update the 

RMP as provided in §68.190. 

(f) The provisions of this part shall 

not apply to an Outer Continental 

Shelf (‘‘OCS’’) source, as defined in 40 

CFR 55.2. 

[61 FR 31717, June 20, 1996, as amended at 63 

FR 645, Jan. 6, 1998; 64 FR 979, Jan. 6, 1999] 

§ 68.12 General requirements. 

(a) General requirements. The owner 

or operator of a stationary source subject to this part shall submit a single 

RMP, as provided in §§68.150 to 68.185. 

The RMP shall include a registration 

that reflects all covered processes. 

(b) Program 1 requirements. In addition to meeting the requirements of 

paragraph (a) of this section, the owner 

or operator of a stationary source with 

a process eligible for Program 1, as provided in §68.10(b), shall: 

(1) Analyze the worst-case release 

scenario for the process(es), as provided 

in §68.25; document that the nearest 

public receptor is beyond the distance 

to a toxic or flammable endpoint defined in §68.22(a); and submit in the 

RMP the worst-case release scenario as 

provided in §68.165; 

(2) Complete the five-year accident 

history for the process as provided in 

§68.42 of this part and submit it in the 

RMP as provided in §68.168; 

(3) Ensure that response actions have 

been coordinated with local emergency 

planning and response agencies; and 

(4) Certify in the RMP the following: 

‘‘Based on the criteria in 40 CFR 68.10, 

the distance to the specified endpoint 

for the worst-case accidental release 

scenario for the following process(es) is 

less than the distance to the nearest 

public receptor: [list process(es)]. Within the past five years, the process(es) 

has (have) had no accidental release 

that caused offsite impacts provided in 

the risk management program rule (40 

CFR 68.10(b)(1)). No additional measures are necessary to prevent offsite 

impacts from accidental releases. In 

the event of fire, explosion, or a release 

of a regulated substance from the process(es), entry within the distance to 

the specified endpoints may pose a danger to public emergency responders. 

Therefore, public emergency responders should not enter this area except as 

arranged with the emergency contact 

indicated in the RMP. The undersigned 

certifies that, to the best of my knowledge, information, and belief, formed 

after reasonable inquiry, the information submitted is true, accurate, and 

complete. [Signature, title, date 

signed].’’ 

(c) Program 2 requirements. In addition to meeting the requirements of 

paragraph (a) of this section, the owner 

or operator of a stationary source with 

a process subject to Program 2, as provided in §68.10(c), shall: 

(1) Develop and implement a management system as provided in §68.15; 

(2) Conduct a hazard assessment as 

provided in §§68.20 through 68.42; 

(3) Implement the Program 2 prevention steps provided in §§68.48 through 

68.60 or implement the Program 3 prevention steps provided in §§68.65 

through 68.87; 

(4) Develop and implement an emergency response program as provided in 

§§68.90 to 68.95; and 

(5) Submit as part of the RMP the 

data on prevention program elements 

167 

Environmental Protection Agency § 68.22 

for Program 2 processes as provided in 

§68.170. 

(d) Program 3 requirements. In addition to meeting the requirements of 

paragraph (a) of this section, the owner 

or operator of a stationary source with 

a process subject to Program 3, as provided in §68.10(d) shall: 

(1) Develop and implement a management system as provided in §68.15; 

(2) Conduct a hazard assessment as 

provided in §§68.20 through 68.42; 

(3) Implement the prevention requirements of §§68.65 through 68.87; 

(4) Develop and implement an emergency response program as provided in 

§§68.90 to 68.95 of this part; and 

(5) Submit as part of the RMP the 

data on prevention program elements 

for Program 3 processes as provided in 

§68.175. 

[61 FR 31718, June 20, 1996] 

§ 68.15 Management. 

(a) The owner or operator of a stationary source with processes subject 

to Program 2 or Program 3 shall develop a management system to oversee 

the implementation of the risk management program elements. 

(b) The owner or operator shall assign a qualified person or position that 

has the overall responsibility for the 

development, implementation, and integration of the risk management program elements. 

(c) When responsibility for implementing individual requirements of 

this part is assigned to persons other 

than the person identified under paragraph (b) of this section, the names or 

positions of these people shall be documented and the lines of authority defined through an organization chart or 

similar document. 

[61 FR 31718, June 20, 1996] 

Subpart B—Hazard Assessment 

SOURCE: 61 FR 31718, June 20, 1996, unless 

otherwise noted. 

§ 68.20 Applicability. 

The owner or operator of a stationary source subject to this part 

shall prepare a worst-case release scenario analysis as provided in §68.25 of 

this part and complete the five-year 

accident history as provided in §68.42. 

The owner or operator of a Program 2 

and 3 process must comply with all sections in this subpart for these processes. 

§ 68.22 Offsite consequence analysis 

parameters. 

(a) Endpoints. For analyses of offsite 

consequences, the following endpoints 

shall be used: 

(1) Toxics. The toxic endpoints provided in appendix A of this part. 

(2) Flammables. The endpoints for 

flammables vary according to the scenarios studied: 

(i) Explosion. An overpressure of 1 

psi. 

(ii) Radiant heat/exposure time. A radiant heat of 5 kw/m2 for 40 seconds. 

(iii) Lower flammability limit. A 

lower flammability limit as provided in 

NFPA documents or other generally 

recognized sources. 

(b) Wind speed/atmospheric stability 

class. For the worst-case release analysis, the owner or operator shall use a 

wind speed of 1.5 meters per second and 

F atmospheric stability class. If the 

owner or operator can demonstrate 

that local meteorological data applicable to the stationary source show a 

higher minimum wind speed or less stable atmosphere at all times during the 

previous three years, these minimums 

may be used. For analysis of alternative scenarios, the owner or operator 

may use the typical meteorological 

conditions for the stationary source. 

(c) Ambient temperature/humidity. 

For worst-case release analysis of a 

regulated toxic substance, the owner or 

operator shall use the highest daily 

maximum temperature in the previous 

three years and average humidity for 

the site, based on temperature/humidity data gathered at the stationary 

source or at a local meteorological station; an owner or operator using the 

RMP Offsite Consequence Analysis 

Guidance may use 25 °C and 50 percent 

humidity as values for these variables. 

For analysis of alternative scenarios, 

the owner or operator may use typical 

temperature/humidity data gathered at 

the stationary source or at a local meteorological station. 

(d) Height of release. The worst-case 

release of a regulated toxic substance 

168 

§ 68.25 40 CFR Ch. I (7–1–13 Edition) 

shall be analyzed assuming a ground 

level (0 feet) release. For an alternative 

scenario analysis of a regulated toxic 

substance, release height may be determined by the release scenario. 

(e) Surface roughness. The owner or 

operator shall use either urban or rural 

topography, as appropriate. Urban 

means that there are many obstacles in 

the immediate area; obstacles include 

buildings or trees. Rural means there 

are no buildings in the immediate area 

and the terrain is generally flat and 

unobstructed. 

(f) Dense or neutrally buoyant gases. 

The owner or operator shall ensure 

that tables or models used for dispersion analysis of regulated toxic substances appropriately account for gas 

density. 

(g) Temperature of released substance. For worst case, liquids other 

than gases liquified by refrigeration 

only shall be considered to be released 

at the highest daily maximum temperature, based on data for the previous three years appropriate for the 

stationary source, or at process temperature, whichever is higher. For alternative scenarios, substances may be 

considered to be released at a process 

or ambient temperature that is appropriate for the scenario. 

§ 68.25 Worst-case release scenario 

analysis. 

(a) The owner or operator shall analyze and report in the RMP: 

(1) For Program 1 processes, one 

worst-case release scenario for each 

Program 1 process; 

(2) For Program 2 and 3 processes: 

(i) One worst-case release scenario 

that is estimated to create the greatest 

distance in any direction to an endpoint provided in appendix A of this 

part resulting from an accidental release of regulated toxic substances 

from covered processes under worstcase conditions defined in §68.22; 

(ii) One worst-case release scenario 

that is estimated to create the greatest 

distance in any direction to an endpoint defined in §68.22(a) resulting from 

an accidental release of regulated flammable substances from covered processes under worst-case conditions defined in §68.22; and 

(iii) Additional worst-case release 

scenarios for a hazard class if a worstcase release from another covered process at the stationary source potentially 

affects public receptors different from 

those potentially affected by the worstcase release scenario developed under 

paragraphs (a)(2)(i) or (a)(2)(ii) of this 

section. 

(b) Determination of worst-case release 

quantity. The worst-case release quantity shall be the greater of the following: 

(1) For substances in a vessel, the 

greatest amount held in a single vessel, 

taking into account administrative 

controls that limit the maximum quantity; or 

(2) For substances in pipes, the greatest amount in a pipe, taking into account administrative controls that 

limit the maximum quantity. 

(c) Worst-case release scenario—toxic 

gases. (1) For regulated toxic substances that are normally gases at ambient temperature and handled as a gas 

or as a liquid under pressure, the owner 

or operator shall assume that the 

quantity in the vessel or pipe, as determined under paragraph (b) of this section, is released as a gas over 10 minutes. The release rate shall be assumed 

to be the total quantity divided by 10 

unless passive mitigation systems are 

in place. 

(2) For gases handled as refrigerated 

liquids at ambient pressure: 

(i) If the released substance is not 

contained by passive mitigation systems or if the contained pool would 

have a depth of 1 cm or less, the owner 

or operator shall assume that the substance is released as a gas in 10 minutes; 

(ii) If the released substance is contained by passive mitigation systems 

in a pool with a depth greater than 1 

cm, the owner or operator may assume 

that the quantity in the vessel or pipe, 

as determined under paragraph (b) of 

this section, is spilled instantaneously 

to form a liquid pool. The volatilization rate (release rate) shall be calculated at the boiling point of the substance and at the conditions specified 

in paragraph (d) of this section. 

(d) Worst-case release scenario—toxic 

liquids. (1) For regulated toxic substances that are normally liquids at 

169 

Environmental Protection Agency § 68.25 

ambient temperature, the owner or operator shall assume that the quantity 

in the vessel or pipe, as determined 

under paragraph (b) of this section, is 

spilled instantaneously to form a liquid 

pool. 

(i) The surface area of the pool shall 

be determined by assuming that the 

liquid spreads to 1 centimeter deep unless passive mitigation systems are in 

place that serve to contain the spill 

and limit the surface area. Where passive mitigation is in place, the surface 

area of the contained liquid shall be 

used to calculate the volatilization 

rate. 

(ii) If the release would occur onto a 

surface that is not paved or smooth, 

the owner or operator may take into 

account the actual surface characteristics. 

(2) The volatilization rate shall account for the highest daily maximum 

temperature occurring in the past 

three years, the temperature of the 

substance in the vessel, and the concentration of the substance if the liquid spilled is a mixture or solution. 

(3) The rate of release to air shall be 

determined from the volatilization rate 

of the liquid pool. The owner or operator may use the methodology in the 

RMP Offsite Consequence Analysis 

Guidance or any other publicly available techniques that account for the 

modeling conditions and are recognized 

by industry as applicable as part of 

current practices. Proprietary models 

that account for the modeling conditions may be used provided the owner 

or operator allows the implementing 

agency access to the model and describes model features and differences 

from publicly available models to local 

emergency planners upon request. 

(e) Worst-case release scenario—flammable gases. The owner or operator 

shall assume that the quantity of the 

substance, as determined under paragraph (b) of this section and the provisions below, vaporizes resulting in a 

vapor cloud explosion. A yield factor of 

10 percent of the available energy released in the explosion shall be used to 

determine the distance to the explosion 

endpoint if the model used is based on 

TNT equivalent methods. 

(1) For regulated flammable substances that are normally gases at ambient temperature and handled as a gas 

or as a liquid under pressure, the owner 

or operator shall assume that the 

quantity in the vessel or pipe, as determined under paragraph (b) of this section, is released as a gas over 10 minutes. The total quantity shall be assumed to be involved in the vapor 

cloud explosion. 

(2) For flammable gases handled as 

refrigerated liquids at ambient pressure: 

(i) If the released substance is not 

contained by passive mitigation systems or if the contained pool would 

have a depth of one centimeter or less, 

the owner or operator shall assume 

that the total quantity of the substance is released as a gas in 10 minutes, and the total quantity will be involved in the vapor cloud explosion. 

(ii) If the released substance is contained by passive mitigation systems 

in a pool with a depth greater than 1 

centimeter, the owner or operator may 

assume that the quantity in the vessel 

or pipe, as determined under paragraph 

(b) of this section, is spilled instantaneously to form a liquid pool. The volatilization rate (release rate) shall be 

calculated at the boiling point of the 

substance and at the conditions specified in paragraph (d) of this section. 

The owner or operator shall assume 

that the quantity which becomes vapor 

in the first 10 minutes is involved in 

the vapor cloud explosion. 

(f) Worst-case release scenario—flammable liquids. The owner or operator 

shall assume that the quantity of the 

substance, as determined under paragraph (b) of this section and the provisions below, vaporizes resulting in a 

vapor cloud explosion. A yield factor of 

10 percent of the available energy released in the explosion shall be used to 

determine the distance to the explosion 

endpoint if the model used is based on 

TNT equivalent methods. 

(1) For regulated flammable substances that are normally liquids at 

ambient temperature, the owner or operator shall assume that the entire 

quantity in the vessel or pipe, as determined under paragraph (b) of this section, is spilled instantaneously to form 

a liquid pool. For liquids at temperatures below their atmospheric boiling 

point, the volatilization rate shall be 

170 

§ 68.28 40 CFR Ch. I (7–1–13 Edition) 

calculated at the conditions specified 

in paragraph (d) of this section. 

(2) The owner or operator shall assume that the quantity which becomes 

vapor in the first 10 minutes is involved in the vapor cloud explosion. 

(g) Parameters to be applied. The 

owner or operator shall use the parameters defined in §68.22 to determine distance to the endpoints. The owner or 

operator may use the methodology provided in the RMP Offsite Consequence 

Analysis Guidance or any commercially or publicly available air dispersion modeling techniques, provided the 

techniques account for the modeling 

conditions and are recognized by industry as applicable as part of current 

practices. Proprietary models that account for the modeling conditions may 

be used provided the owner or operator 

allows the implementing agency access 

to the model and describes model features and differences from publicly 

available models to local emergency 

planners upon request. 

(h) Consideration of passive mitigation. 

Passive mitigation systems may be 

considered for the analysis of worst 

case provided that the mitigation system is capable of withstanding the release event triggering the scenario and 

would still function as intended. 

(i) Factors in selecting a worst-case scenario. Notwithstanding the provisions 

of paragraph (b) of this section, the 

owner or operator shall select as the 

worst case for flammable regulated 

substances or the worst case for regulated toxic substances, a scenario based 

on the following factors if such a scenario would result in a greater distance 

to an endpoint defined in §68.22(a) beyond the stationary source boundary 

than the scenario provided under paragraph (b) of this section: 

(1) Smaller quantities handled at 

higher process temperature or pressure; and 

(2) Proximity to the boundary of the 

stationary source. 

[61 FR 31718, June 20, 1996, as amended at 64 

FR 28700, May 26, 1999] 

§ 68.28 Alternative release scenario 

analysis. 

(a) The number of scenarios. The 

owner or operator shall identify and 

analyze at least one alternative release 

scenario for each regulated toxic substance held in a covered process(es) and 

at least one alternative release scenario to represent all flammable substances held in covered processes. 

(b) Scenarios to consider. (1) For each 

scenario required under paragraph (a) 

of this section, the owner or operator 

shall select a scenario: 

(i) That is more likely to occur than 

the worst-case release scenario under 

§68.25; and 

(ii) That will reach an endpoint offsite, unless no such scenario exists. 

(2) Release scenarios considered 

should include, but are not limited to, 

the following, where applicable: 

(i) Transfer hose releases due to 

splits or sudden hose uncoupling; 

(ii) Process piping releases from failures at flanges, joints, welds, valves 

and valve seals, and drains or bleeds; 

(iii) Process vessel or pump releases 

due to cracks, seal failure, or drain, 

bleed, or plug failure; 

(iv) Vessel overfilling and spill, or 

overpressurization and venting through 

relief valves or rupture disks; and 

(v) Shipping container mishandling 

and breakage or puncturing leading to 

a spill. 

(c) Parameters to be applied. The 

owner or operator shall use the appropriate parameters defined in §68.22 to 

determine distance to the endpoints. 

The owner or operator may use either 

the methodology provided in the RMP 

Offsite Consequence Analysis Guidance 

or any commercially or publicly available air dispersion modeling techniques, provided the techniques account for the specified modeling conditions and are recognized by industry as 

applicable as part of current practices. 

Proprietary models that account for 

the modeling conditions may be used 

provided the owner or operator allows 

the implementing agency access to the 

model and describes model features and 

differences from publicly available 

models to local emergency planners 

upon request. 

(d) Consideration of mitigation. Active and passive mitigation systems 

may be considered provided they are 

capable of withstanding the event that 

triggered the release and would still be 

functional. 

171 

Environmental Protection Agency § 68.42 

(e) Factors in selecting scenarios. 

The owner or operator shall consider 

the following in selecting alternative 

release scenarios: 

(1) The five-year accident history 

provided in §68.42; and 

(2) Failure scenarios identified under 

§68.50 or §68.67. 

§ 68.30 Defining offsite impacts—population. 

(a) The owner or operator shall estimate in the RMP the population within 

a circle with its center at the point of 

the release and a radius determined by 

the distance to the endpoint defined in 

§68.22(a). 

(b) Population to be defined. Population shall include residential population. The presence of institutions 

(schools, hospitals, prisons), parks and 

recreational areas, and major commercial, office, and industrial buildings 

shall be noted in the RMP. 

(c) Data sources acceptable. The owner 

or operator may use the most recent 

Census data, or other updated information, to estimate the population potentially affected. 

(d) Level of accuracy. Population shall 

be estimated to two significant digits. 

§ 68.33 Defining offsite impacts—environment. 

(a) The owner or operator shall list in 

the RMP environmental receptors 

within a circle with its center at the 

point of the release and a radius determined by the distance to the endpoint 

defined in §68.22(a) of this part. 

(b) Data sources acceptable. The owner 

or operator may rely on information 

provided on local U.S. Geological Survey maps or on any data source containing U.S.G.S. data to identify environmental receptors. 

§ 68.36 Review and update. 

(a) The owner or operator shall review and update the offsite consequence analyses at least once every 

five years. 

(b) If changes in processes, quantities 

stored or handled, or any other aspect 

of the stationary source might reasonably be expected to increase or decrease the distance to the endpoint by 

a factor of two or more, the owner or 

operator shall complete a revised analysis within six months of the change 

and submit a revised risk management 

plan as provided in §68.190. 

§ 68.39 Documentation. 

The owner or operator shall maintain 

the following records on the offsite 

consequence analyses: 

(a) For worst-case scenarios, a description of the vessel or pipeline and 

substance selected as worst case, assumptions and parameters used, and 

the rationale for selection; assumptions shall include use of any administrative controls and any passive mitigation that were assumed to limit the 

quantity that could be released. Documentation shall include the anticipated effect of the controls and mitigation on the release quantity and rate. 

(b) For alternative release scenarios, 

a description of the scenarios identified, assumptions and parameters used, 

and the rationale for the selection of 

specific scenarios; assumptions shall 

include use of any administrative controls and any mitigation that were assumed to limit the quantity that could 

be released. Documentation shall include the effect of the controls and 

mitigation on the release quantity and 

rate. 

(c) Documentation of estimated 

quantity released, release rate, and duration of release. 

(d) Methodology used to determine 

distance to endpoints. 

(e) Data used to estimate population 

and environmental receptors potentially affected. 

§ 68.42 Five-year accident history. 

(a) The owner or operator shall include in the five-year accident history 

all accidental releases 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 damage. 

(b) Data required. For each accidental 

release included, the owner or operator 

shall report the following information: 

(1) Date, time, and approximate duration of the release; 

(2) Chemical(s) released; 

(3) Estimated quantity released in 

pounds and, for mixtures containing 

172 

§ 68.48 40 CFR Ch. I (7–1–13 Edition) 

regulated toxic substances, percentage 

concentration by weight of the released 

regulated toxic substance in the liquid 

mixture; 

(4) Five- or six-digit NAICS code that 

most closely corresponds to the process; 

(5) The type of release event and its 

source; 

(6) Weather conditions, if known; 

(7) On-site impacts; 

(8) Known offsite impacts; 

(9) Initiating event and contributing 

factors if known; 

(10) Whether offsite responders were 

notified if known; and 

(11) Operational or process changes 

that resulted from investigation of the 

release and that have been made by the 

time this information is submitted in 

accordance with §68.168. 

(c) Level of accuracy. Numerical estimates may be provided to two significant digits. 

[61 FR 31718, June 20, 1996, as amended at 64 

FR 979, Jan. 6, 1999; 69 FR 18831, Apr. 9, 2004] 

Subpart C—Program 2 Prevention 

Program 

SOURCE: 61 FR 31721, June 20, 1996, unless 

otherwise noted. 

§ 68.48 Safety information. 

(a) The owner or operator shall compile and maintain the following up-todate safety information related to the 

regulated substances, processes, and 

equipment: 

(1) Material Safety Data Sheets that 

meet the requirements of 29 CFR 

1910.1200(g); 

(2) Maximum intended inventory of 

equipment in which the regulated substances are stored or processed; 

(3) Safe upper and lower temperatures, pressures, flows, and compositions; 

(4) Equipment specifications; and 

(5) Codes and standards used to design, build, and operate the process. 

(b) The owner or operator shall ensure that the process is designed in 

compliance with recognized and generally accepted good engineering practices. Compliance with Federal or state 

regulations that address industry-specific safe design or with industry-specific design codes and standards may be 

used to demonstrate compliance with 

this paragraph. 

(c) The owner or operator shall update the safety information if a major 

change occurs that makes the information inaccurate. 

§ 68.50 Hazard review. 

(a) The owner or operator shall conduct a review of the hazards associated 

with the regulated substances, process, 

and procedures. The review shall identify the following: 

(1) The hazards associated with the 

process and regulated substances; 

(2) Opportunities for equipment malfunctions or human errors that could 

cause an accidental release; 

(3) The safeguards used or needed to 

control the hazards or prevent equipment malfunction or human error; and 

(4) Any steps used or needed to detect 

or monitor releases. 

(b) The owner or operator may use 

checklists developed by persons or organizations knowledgeable about the 

process and equipment as a guide to 

conducting the review. For processes 

designed to meet industry standards or 

Federal or state design rules, the hazard review shall, by inspecting all 

equipment, determine whether the 

process is designed, fabricated, and operated in accordance with the applicable standards or rules. 

(c) The owner or operator shall document the results of the review and ensure that problems identified are resolved in a timely manner. 

(d) The review shall be updated at 

least once every five years. The owner 

or operator shall also conduct reviews 

whenever a major change in the process occurs; all issues identified in the 

review shall be resolved before startup 

of the changed process. 

§ 68.52 Operating procedures. 

(a) The owner or operator shall prepare written operating procedures that 

provide clear instructions or steps for 

safely conducting activities associated 

with each covered process consistent 

with the safety information for that 

process. Operating procedures or instructions provided by equipment manufacturers or developed by persons or 

organizations knowledgeable about the 

173 

Environmental Protection Agency § 68.58 

process and equipment may be used as 

a basis for a stationary source’s operating procedures. 

(b) The procedures shall address the 

following: 

(1) Initial startup; 

(2) Normal operations; 

(3) Temporary operations; 

(4) Emergency shutdown and operations; 

(5) Normal shutdown; 

(6) Startup following a normal or 

emergency shutdown or a major change 

that requires a hazard review; 

(7) Consequences of deviations and 

steps required to correct or avoid deviations; and 

(8) Equipment inspections. 

(c) The owner or operator shall ensure that the operating procedures are 

updated, if necessary, whenever a 

major change occurs and prior to startup of the changed process. 

§ 68.54 Training. 

(a) The owner or operator shall ensure that each employee presently operating a process, and each employee 

newly assigned to a covered process 

have been trained or tested competent 

in the operating procedures provided in 

§68.52 that pertain to their duties. For 

those employees already operating a 

process on June 21, 1999, the owner or 

operator may certify in writing that 

the employee has the required knowledge, skills, and abilities to safely 

carry out the duties and responsibilities as provided in the operating procedures. 

(b) Refresher training. Refresher 

training shall be provided at least 

every three years, and more often if 

necessary, to each employee operating 

a process to ensure that the employee 

understands and adheres to the current 

operating procedures of the process. 

The owner or operator, in consultation 

with the employees operating the process, shall determine the appropriate 

frequency of refresher training. 

(c) The owner or operator may use 

training conducted under Federal or 

state regulations or under industryspecific standards or codes or training 

conducted by covered process equipment vendors to demonstrate compliance with this section to the extent 

that the training meets the requirements of this section. 

(d) The owner or operator shall ensure that operators are trained in any 

updated or new procedures prior to 

startup of a process after a major 

change. 

§ 68.56 Maintenance. 

(a) The owner or operator shall prepare and implement procedures to 

maintain the on-going mechanical integrity of the process equipment. The 

owner or operator may use procedures 

or instructions provided by covered 

process equipment vendors or procedures in Federal or state regulations or 

industry codes as the basis for stationary source maintenance procedures. 

(b) The owner or operator shall train 

or cause to be trained each employee 

involved in maintaining the on-going 

mechanical integrity of the process. To 

ensure that the employee can perform 

the job tasks in a safe manner, each 

such employee shall be trained in the 

hazards of the process, in how to avoid 

or correct unsafe conditions, and in the 

procedures applicable to the employee’s job tasks. 

(c) Any maintenance contractor shall 

ensure that each contract maintenance 

employee is trained to perform the 

maintenance procedures developed 

under paragraph (a) of this section. 

(d) The owner or operator shall perform or cause to be performed inspections and tests on process equipment. 

Inspection and testing procedures shall 

follow recognized and generally accepted good engineering practices. The frequency of inspections and tests of process equipment shall be consistent with 

applicable manufacturers’ recommendations, industry standards or 

codes, good engineering practices, and 

prior operating experience. 

§ 68.58 Compliance audits. 

(a) The owner or operator shall certify that they have evaluated compliance with the provisions of this subpart at least every three years to 

verify that the procedures and practices developed under the rule are adequate and are being followed. 

174 

§ 68.60 40 CFR Ch. I (7–1–13 Edition) 

(b) The compliance audit shall be 

conducted by at least one person 

knowledgeable in the process. 

(c) The owner or operator shall develop a report of the audit findings. 

(d) The owner or operator shall 

promptly determine and document an 

appropriate response to each of the 

findings of the compliance audit and 

document that deficiencies have been 

corrected. 

(e) The owner or operator shall retain 

the two (2) most recent compliance 

audit reports. This requirement does 

not apply to any compliance audit report that is more than five years old. 

§ 68.60 Incident investigation. 

(a) The owner or operator shall investigate each incident which resulted in, 

or could reasonably have resulted in a 

catastrophic release. 

(b) An incident investigation shall be 

initiated as promptly as possible, but 

not later than 48 hours following the 

incident. 

(c) A summary shall be prepared at 

the conclusion of the investigation 

which includes at a minimum: 

(1) Date of incident; 

(2) Date investigation began; 

(3) A description of the incident; 

(4) The factors that contributed to 

the incident; and, 

(5) Any recommendations resulting 

from the investigation. 

(d) The owner or operator shall 

promptly address and resolve the investigation findings and recommendations. Resolutions and corrective actions shall be documented. 

(e) The findings shall be reviewed 

with all affected personnel whose job 

tasks are affected by the findings. 

(f) Investigation summaries shall be 

retained for five years. 

Subpart D—Program 3 Prevention 

Program 

SOURCE: 61 FR 31722, June 20, 1996, unless 

otherwise noted. 

§ 68.65 Process safety information. 

(a) In accordance with the schedule 

set forth in §68.67, the owner or operator shall complete a compilation of 

written process safety information before conducting any process hazard 

analysis required by the rule. The compilation of written process safety information is to enable the owner or operator and the employees involved in operating the process to identify and understand the hazards posed by those 

processes involving regulated substances. This process safety information shall include information pertaining to the hazards of the regulated 

substances used or produced by the 

process, information pertaining to the 

technology of the process, and information pertaining to the equipment in the 

process. 

(b) Information pertaining to the 

hazards of the regulated substances in 

the process. This information shall 

consist of at least the following: 

(1) Toxicity information; 

(2) Permissible exposure limits; 

(3) Physical data; 

(4) Reactivity data: 

(5) Corrosivity data; 

(6) Thermal and chemical stability 

data; and 

(7) Hazardous effects of inadvertent 

mixing of different materials that 

could foreseeably occur. 

NOTE TO PARAGRAPH (b): Material Safety 

Data Sheets meeting the requirements of 29 

CFR 1910.1200(g) may be used to comply with 

this requirement to the extent they contain 

the information required by this subparagraph. 

(c) Information pertaining to the 

technology of the process. 

(1) Information concerning the technology of the process shall include at 

least the following: 

(i) A block flow diagram or simplified 

process flow diagram; 

(ii) Process chemistry; 

(iii) Maximum intended inventory; 

(iv) Safe upper and lower limits for 

such items as temperatures, pressures, 

flows or compositions; and, 

(v) An evaluation of the consequences 

of deviations. 

(2) Where the original technical information no longer exists, such information may be developed in conjunction with the process hazard analysis 

in sufficient detail to support the analysis. 

(d) Information pertaining to the 

equipment in the process. 

(1) Information pertaining to the 

equipment in the process shall include: 

175 

Environmental Protection Agency § 68.67 

(i) Materials of construction; 

(ii) Piping and instrument diagrams 

(P&ID’s); 

(iii) Electrical classification; 

(iv) Relief system design and design 

basis; 

(v) Ventilation system design; 

(vi) Design codes and standards employed; 

(vii) Material and energy balances for 

processes built after June 21, 1999; and 

(viii) Safety systems (e.g. interlocks, 

detection or suppression systems). 

(2) The owner or operator shall document that equipment complies with 

recognized and generally accepted good 

engineering practices. 

(3) For existing equipment designed 

and constructed in accordance with 

codes, standards, or practices that are 

no longer in general use, the owner or 

operator shall determine and document 

that the equipment is designed, maintained, inspected, tested, and operating 

in a safe manner. 

§ 68.67 Process hazard analysis. 

(a) The owner or operator shall perform an initial process hazard analysis 

(hazard evaluation) on processes covered by this part. The process hazard 

analysis shall be appropriate to the 

complexity of the process and shall 

identify, evaluate, and control the hazards involved in the process. The owner 

or operator shall determine and document the priority order for conducting 

process hazard analyses based on a rationale which includes such considerations as extent of the process hazards, 

number of potentially affected employees, age of the process, and operating 

history of the process. The process hazard analysis shall be conducted as soon 

as possible, but not later than June 21, 

1999. Process hazards analyses completed to comply with 29 CFR 

1910.119(e) are acceptable as initial 

process hazards analyses. These process 

hazard analyses shall be updated and 

revalidated, based on their completion 

date. 

(b) The owner or operator shall use 

one or more of the following methodologies that are appropriate to determine and evaluate the hazards of the 

process being analyzed. 

(1) What-If; 

(2) Checklist; 

(3) What-If/Checklist; 

(4) Hazard and Operability Study 

(HAZOP); 

(5) Failure Mode and Effects Analysis 

(FMEA); 

(6) Fault Tree Analysis; or 

(7) An appropriate equivalent methodology. 

(c) The process hazard analysis shall 

address: 

(1) The hazards of the process; 

(2) The identification of any previous 

incident which had a likely potential 

for catastrophic consequences. 

(3) Engineering and administrative 

controls applicable to the hazards and 

their interrelationships such as appropriate application of detection methodologies to provide early warning of 

releases. (Acceptable detection methods might include process monitoring 

and control instrumentation with 

alarms, and detection hardware such as 

hydrocarbon sensors.); 

(4) Consequences of failure of engineering and administrative controls; 

(5) Stationary source siting; 

(6) Human factors; and 

(7) A qualitative evaluation of a 

range of the possible safety and health 

effects of failure of controls. 

(d) The process hazard analysis shall 

be performed by a team with expertise 

in engineering and process operations, 

and the team shall include at least one 

employee who has experience and 

knowledge specific to the process being 

evaluated. Also, one member of the 

team must be knowledgeable in the 

specific process hazard analysis methodology being used. 

(e) The owner or operator shall establish a system to promptly address the 

team’s findings and recommendations; 

assure that the recommendations are 

resolved in a timely manner and that 

the resolution is documented; document what actions are to be taken; 

complete actions as soon as possible; 

develop a written schedule of when 

these actions are to be completed; communicate the actions to operating, 

maintenance and other employees 

whose work assignments are in the 

process and who may be affected by the 

recommendations or actions. 

(f) At least every five (5) years after 

the completion of the initial process 

hazard analysis, the process hazard 

176 

§ 68.69 40 CFR Ch. I (7–1–13 Edition) 

analysis shall be updated and revalidated by a team meeting the requirements in paragraph (d) of this section, 

to assure that the process hazard analysis is consistent with the current 

process. Updated and revalidated process hazard analyses completed to comply with 29 CFR 1910.119(e) are acceptable to meet the requirements of this 

paragraph. 

(g) The owner or operator shall retain process hazards analyses and updates or revalidations for each process 

covered by this section, as well as the 

documented resolution of recommendations described in paragraph (e) of this 

section for the life of the process. 

§ 68.69 Operating procedures. 

(a) The owner or operator shall develop and implement written operating 

procedures that provide clear instructions for safely conducting activities 

involved in each covered process consistent with the process safety information and shall address at least the 

following elements. 

(1) Steps for each operating phase: 

(i) Initial startup; 

(ii) Normal operations; 

(iii) Temporary operations; 

(iv) Emergency shutdown including 

the conditions under which emergency 

shutdown is required, and the assignment of shutdown responsibility to 

qualified operators to ensure that 

emergency shutdown is executed in a 

safe and timely manner. 

(v) Emergency operations; 

(vi) Normal shutdown; and, 

(vii) Startup following a turnaround, 

or after an emergency shutdown. 

(2) Operating limits: 

(i) Consequences of deviation; and 

(ii) Steps required to correct or avoid 

deviation. 

(3) Safety and health considerations: 

(i) Properties of, and hazards presented by, the chemicals used in the 

process; 

(ii) Precautions necessary to prevent 

exposure, including engineering controls, administrative controls, and personal protective equipment; 

(iii) Control measures to be taken if 

physical contact or airborne exposure 

occurs; 

(iv) Quality control for raw materials 

and control of hazardous chemical inventory levels; and, 

(v) Any special or unique hazards. 

(4) Safety systems and their functions. 

(b) Operating procedures shall be 

readily accessible to employees who 

work in or maintain a process. 

(c) The operating procedures shall be 

reviewed as often as necessary to assure that they reflect current operating practice, including changes that 

result from changes in process chemicals, technology, and equipment, and 

changes to stationary sources. The 

owner or operator shall certify annually that these operating procedures 

are current and accurate. 

(d) The owner or operator shall develop and implement safe work practices to provide for the control of hazards during operations such as lockout/ 

tagout; confined space entry; opening 

process equipment or piping; and control over entrance into a stationary 

source by maintenance, contractor, 

laboratory, or other support personnel. 

These safe work practices shall apply 

to employees and contractor employees. 

§ 68.71 Training. 

(a) Initial training. (1) Each employee 

presently involved in operating a process, and each employee before being involved in operating a newly assigned 

process, shall be trained in an overview 

of the process and in the operating procedures as specified in §68.69. The 

training shall include emphasis on the 

specific safety and health hazards, 

emergency operations including shutdown, and safe work practices applicable to the employee’s job tasks. 

(2) In lieu of initial training for those 

employees already involved in operating a process on June 21, 1999 an 

owner or operator may certify in writing that the employee has the required 

knowledge, skills, and abilities to safely carry out the duties and responsibilities as specified in the operating procedures. 

(b) Refresher training. Refresher training shall be provided at least every 

three years, and more often if necessary, to each employee involved in 

operating a process to assure that the 

177 

Environmental Protection Agency § 68.75 

employee understands and adheres to 

the current operating procedures of the 

process. The owner or operator, in consultation with the employees involved 

in operating the process, shall determine the appropriate frequency of refresher training. 

(c) Training documentation. The owner 

or operator shall ascertain that each 

employee involved in operating a process has received and understood the 

training required by this paragraph. 

The owner or operator shall prepare a 

record which contains the identity of 

the employee, the date of training, and 

the means used to verify that the employee understood the training. 

§ 68.73 Mechanical integrity. 

(a) Application. Paragraphs (b) 

through (f) of this section apply to the 

following process equipment: 

(1) Pressure vessels and storage 

tanks; 

(2) Piping systems (including piping 

components such as valves); 

(3) Relief and vent systems and devices; 

(4) Emergency shutdown systems; 

(5) Controls (including monitoring 

devices and sensors, alarms, and interlocks) and, 

(6) Pumps. 

(b) Written procedures. The owner or 

operator shall establish and implement 

written procedures to maintain the ongoing integrity of process equipment. 

(c) Training for process maintenance 

activities. The owner or operator shall 

train each employee involved in maintaining the on-going integrity of process equipment in an overview of that 

process and its hazards and in the procedures applicable to the employee’s 

job tasks to assure that the employee 

can perform the job tasks in a safe 

manner. 

(d) Inspection and testing. (1) Inspections and tests shall be performed on 

process equipment. 

(2) Inspection and testing procedures 

shall follow recognized and generally 

accepted good engineering practices. 

(3) The frequency of inspections and 

tests of process equipment shall be consistent with applicable manufacturers’ 

recommendations and good engineering 

practices, and more frequently if determined to be necessary by prior operating experience. 

(4) The owner or operator shall document each inspection and test that has 

been performed on process equipment. 

The documentation shall identify the 

date of the inspection or test, the name 

of the person who performed the inspection or test, the serial number or 

other identifier of the equipment on 

which the inspection or test was performed, a description of the inspection 

or test performed, and the results of 

the inspection or test. 

(e) Equipment deficiencies. The owner 

or operator shall correct deficiencies in 

equipment that are outside acceptable 

limits (defined by the process safety information in §68.65) before further use 

or in a safe and timely manner when 

necessary means are taken to assure 

safe operation. 

(f) Quality assurance. (1) In the construction of new plants and equipment, 

the owner or operator shall assure that 

equipment as it is fabricated is suitable for the process application for 

which they will be used. 

(2) Appropriate checks and inspections shall be performed to assure that 

equipment is installed properly and 

consistent with design specifications 

and the manufacturer’s instructions. 

(3) The owner or operator shall assure that maintenance materials, spare 

parts and equipment are suitable for 

the process application for which they 

will be used. 

§ 68.75 Management of change. 

(a) The owner or operator shall establish and implement written procedures 

to manage changes (except for ‘‘replacements in kind’’) to process chemicals, technology, equipment, and procedures; and, changes to stationary 

sources that affect a covered process. 

(b) The procedures shall assure that 

the following considerations are addressed prior to any change: 

(1) The technical basis for the proposed change; 

(2) Impact of change on safety and 

health; 

(3) Modifications to operating procedures; 

(4) Necessary time period for the 

change; and, 

178 

§ 68.77 40 CFR Ch. I (7–1–13 Edition) 

(5) Authorization requirements for 

the proposed change. 

(c) Employees involved in operating a 

process and maintenance and contract 

employees whose job tasks will be affected by a change in the process shall 

be informed of, and trained in, the 

change prior to start-up of the process 

or affected part of the process. 

(d) If a change covered by this paragraph results in a change in the process 

safety information required by §68.65 of 

this part, such information shall be updated accordingly. 

(e) If a change covered by this paragraph results in a change in the operating procedures or practices required 

by §68.69, such procedures or practices 

shall be updated accordingly. 

§ 68.77 Pre-startup review. 

(a) The owner or operator shall perform a pre-startup safety review for 

new stationary sources and for modified stationary sources when the modification is significant enough to require a change in the process safety information. 

(b) The pre-startup safety review 

shall confirm that prior to the introduction of regulated substances to a 

process: 

(1) Construction and equipment is in 

accordance with design specifications; 

(2) Safety, operating, maintenance, 

and emergency procedures are in place 

and are adequate; 

(3) For new stationary sources, a 

process hazard analysis has been performed and recommendations have 

been resolved or implemented before 

startup; and modified stationary 

sources meet the requirements contained in management of change, 

§68.75. 

(4) Training of each employee involved in operating a process has been 

completed. 

§ 68.79 Compliance audits. 

(a) The owner or operator shall certify that they have evaluated compliance with the provisions of this subpart at least every three years to 

verify that procedures and practices 

developed under this subpart are adequate and are being followed. 

(b) The compliance audit shall be 

conducted by at least one person 

knowledgeable in the process. 

(c) A report of the findings of the 

audit shall be developed. 

(d) The owner or operator shall 

promptly determine and document an 

appropriate response to each of the 

findings of the compliance audit, and 

document that deficiencies have been 

corrected. 

(e) The owner or operator shall retain 

the two (2) most recent compliance 

audit reports. 

[61 FR 31722, June 20, 1996, as amended at 64 

FR 979, Jan. 6, 1999] 

§ 68.81 Incident investigation. 

(a) The owner or operator shall investigate each incident which resulted in, 

or could reasonably have resulted in a 

catastrophic release of a regulated substance. 

(b) An incident investigation shall be 

initiated as promptly as possible, but 

not later than 48 hours following the 

incident. 

(c) An incident investigation team 

shall be established and consist of at 

least one person knowledgeable in the 

process involved, including a contract 

employee if the incident involved work 

of the contractor, and other persons 

with appropriate knowledge and experience to thoroughly investigate and 

analyze the incident. 

(d) A report shall be prepared at the 

conclusion of the investigation which 

includes at a minimum: 

(1) Date of incident; 

(2) Date investigation began; 

(3) A description of the incident; 

(4) The factors that contributed to 

the incident; and, 

(5) Any recommendations resulting 

from the investigation. 

(e) The owner or operator shall establish a system to promptly address and 

resolve the incident report findings and 

recommendations. Resolutions and corrective actions shall be documented. 

(f) The report shall be reviewed with 

all affected personnel whose job tasks 

are relevant to the incident findings including contract employees where applicable. 

(g) Incident investigation reports 

shall be retained for five years. 

179 

Environmental Protection Agency § 68.87 

§ 68.83 Employee participation. 

(a) The owner or operator shall develop a written plan of action regarding the implementation of the employee participation required by this 

section. 

(b) The owner or operator shall consult with employees and their representatives on the conduct and development of process hazards analyses and 

on the development of the other elements of process safety management in 

this rule. 

(c) The owner or operator shall provide to employees and their representatives access to process hazard analyses 

and to all other information required 

to be developed under this rule. 

§ 68.85 Hot work permit. 

(a) The owner or operator shall issue 

a hot work permit for hot work operations conducted on or near a covered 

process. 

(b) The permit shall document that 

the fire prevention and protection requirements in 29 CFR 1910.252(a) have 

been implemented prior to beginning 

the hot work operations; it shall indicate the date(s) authorized for hot 

work; and identify the object on which 

hot work is to be performed. The permit shall be kept on file until completion of the hot work operations. 

§ 68.87 Contractors. 

(a) Application. This section applies 

to contractors performing maintenance 

or repair, turnaround, major renovation, or specialty work on or adjacent 

to a covered process. It does not apply 

to contractors providing incidental 

services which do not influence process 

safety, such as janitorial work, food 

and drink services, laundry, delivery or 

other supply services. 

(b) Owner or operator responsibilities. 

(1) The owner or operator, when selecting a contractor, shall obtain and 

evaluate information regarding the 

contract owner or operator’s safety 

performance and programs. 

(2) The owner or operator shall inform contract owner or operator of the 

known potential fire, explosion, or 

toxic release hazards related to the 

contractor’s work and the process. 

(3) The owner or operator shall explain to the contract owner or operator 

the applicable provisions of subpart E 

of this part. 

(4) The owner or operator shall develop and implement safe work practices consistent with §68.69(d), to control the entrance, presence, and exit of 

the contract owner or operator and 

contract employees in covered process 

areas. 

(5) The owner or operator shall periodically evaluate the performance of 

the contract owner or operator in fulfilling their obligations as specified in 

paragraph (c) of this section. 

(c) Contract owner or operator responsibilities. (1) The contract owner or operator shall assure that each contract 

employee is trained in the work practices necessary to safely perform his/ 

her job. 

(2) The contract owner or operator 

shall assure that each contract employee is instructed in the known potential fire, explosion, or toxic release 

hazards related to his/her job and the 

process, and the applicable provisions 

of the emergency action plan. 

(3) The contract owner or operator 

shall document that each contract employee has received and understood the 

training required by this section. The 

contract owner or operator shall prepare a record which contains the identity of the contract employee, the date 

of training, and the means used to 

verify that the employee understood 

the training. 

(4) The contract owner or operator 

shall assure that each contract employee follows the safety rules of the 

stationary source including the safe 

work practices required by §68.69(d). 

(5) The contract owner or operator 

shall advise the owner or operator of 

any unique hazards presented by the 

contract owner or operator’s work, or 

of any hazards found by the contract 

owner or operator’s work. 

Subpart E—Emergency Response 

SOURCE: 61 FR 31725, June 20, 1996, unless 

otherwise noted. 

180 

§ 68.90 40 CFR Ch. I (7–1–13 Edition) 

§ 68.90 Applicability. 

(a) Except as provided in paragraph 

(b) of this section, the owner or operator of a stationary source with Program 2 and Program 3 processes shall 

comply with the requirements of §68.95. 

(b) The owner or operator of stationary source whose employees will 

not respond to accidental releases of 

regulated substances need not comply 

with §68.95 of this part provided that 

they meet the following: 

(1) For stationary sources with any 

regulated toxic substance held in a 

process above the threshold quantity, 

the stationary source is included in the 

community emergency response plan 

developed under 42 U.S.C. 11003; 

(2) For stationary sources with only 

regulated flammable substances held in 

a process above the threshold quantity, 

the owner or operator has coordinated 

response actions with the local fire department; and 

(3) Appropriate mechanisms are in 

place to notify emergency responders 

when there is a need for a response. 

§ 68.95 Emergency response program. 

(a) The owner or operator shall develop and implement an emergency response program for the purpose of protecting public health and the environment. Such program shall include the 

following elements: 

(1) An emergency response plan, 

which shall be maintained at the stationary source and contain at least the 

following elements: 

(i) Procedures for informing the public and local emergency response agencies about accidental releases; 

(ii) Documentation of proper first-aid 

and emergency medical treatment necessary to treat accidental human exposures; and 

(iii) Procedures and measures for 

emergency response after an accidental 

release of a regulated substance; 

(2) Procedures for the use of emergency response equipment and for its 

inspection, testing, and maintenance; 

(3) Training for all employees in relevant procedures; and 

(4) Procedures to review and update, 

as appropriate, the emergency response 

plan to reflect changes at the stationary source and ensure that employees are informed of changes. 

(b) A written plan that complies with 

other Federal contingency plan regulations or is consistent with the approach in the National Response 

Team’s Integrated Contingency Plan 

Guidance (‘‘One Plan’’) and that, 

among other matters, includes the elements provided in paragraph (a) of this 

section, shall satisfy the requirements 

of this section if the owner or operator 

also complies with paragraph (c) of this 

section. 

(c) The emergency response plan developed under paragraph (a)(1) of this 

section shall be coordinated with the 

community emergency response plan 

developed under 42 U.S.C. 11003. Upon 

request of the local emergency planning committee or emergency response 

officials, the owner or operator shall 

promptly provide to the local emergency response officials information 

necessary for developing and implementing the community emergency response plan. 

Subpart F—Regulated Substances 

for Accidental Release Prevention 

SOURCE: 59 FR 4493, Jan. 31, 1994, unless 

otherwise noted. Redesignated at 61 FR 31717, 

June 20, 1996. 

§ 68.100 Purpose. 

This subpart designates substances 

to be listed under section 112(r)(3), (4), 

and (5) of the Clean Air Act, as amended, identifies their threshold quantities, and establishes the requirements 

for petitioning to add or delete substances from the list. 

§ 68.115 Threshold determination. 

(a) A threshold quantity of a regulated substance listed in §68.130 is 

present at a stationary source if the 

total quantity of the regulated substance contained in a process exceeds 

the threshold. 

(b) For the purposes of determining 

whether more than a threshold quantity of a regulated substance is present 

at the stationary source, the following 

exemptions apply: 

(1) Concentrations of a regulated toxic 

substance in a mixture. If a regulated 

substance is present in a mixture and 

the concentration of the substance is 

below one percent by weight of the 

181 

Environmental Protection Agency § 68.115 

mixture, the amount of the substance 

in the mixture need not be considered 

when determining whether more than a 

threshold quantity is present at the 

stationary source. Except for oleum, 

toluene 2,4-diisocyanate, toluene 2,6- 

diisocyanate, and toluene diisocyanate 

(unspecified isomer), if the concentration of the regulated substance in the 

mixture is one percent or greater by 

weight, but the owner or operator can 

demonstrate that the partial pressure 

of the regulated substance in the mixture (solution) under handling or storage conditions in any portion of the 

process is less than 10 millimeters of 

mercury (mm Hg), the amount of the 

substance in the mixture in that portion of the process need not be considered when determining whether more 

than a threshold quantity is present at 

the stationary source. The owner or operator shall document this partial pressure measurement or estimate. 

(2) Concentrations of a regulated flammable substance in a mixture. (i) General 

provision. If a regulated substance is 

present in a mixture and the concentration of the substance is below 

one percent by weight of the mixture, 

the mixture need not be considered 

when determining whether more than a 

threshold quantity of the regulated 

substance is present at the stationary 

source. Except as provided in paragraph (b)(2) (ii) and (iii) of this section, 

if the concentration of the substance is 

one percent or greater by weight of the 

mixture, then, for purposes of determining whether a threshold quantity is 

present at the stationary source, the 

entire weight of the mixture shall be 

treated as the regulated substance unless the owner or operator can demonstrate that the mixture itself does 

not have a National Fire Protection 

Association flammability hazard rating of 4. The demonstration shall be in 

accordance with the definition of flammability hazard rating 4 in the NFPA 

704, Standard System for the Identification of the Hazards of Materials for 

Emergency Response, National Fire 

Protection Association, Quincy, MA, 

1996. Available from the National Fire 

Protection Association, 1 

Batterymarch Park, Quincy, MA 02269– 

9101. This incorporation by reference 

was approved by the Director of the 

Federal Register in accordance with 5 

U.S.C. 552(a) and 1 CFR part 51. Copies 

may be inspected at the Environmental 

Protection Agency Air Docket (6102), 

Attn: Docket No. A–96–O8, Waterside 

Mall, 401 M. St. SW., Washington DC; 

or at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or 

go to: http://www.archives.gov/ 

federallregister/ 

codeloflfederallregulations/ 

ibrllocations.html. Boiling point and 

flash point shall be defined and determined in accordance with NFPA 30, 

Flammable and Combustible Liquids 

Code, National Fire Protection Association, Quincy, MA, 1996. Available 

from the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269–9101. This incorporation 

by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 

part 51. Copies may be inspected at the 

Environmental Protection Agency Air 

Docket (6102), Attn: Docket No. A–96– 

O8, Waterside Mall, 401 M. St. SW., 

Washington DC; or at the National Archives and Records Administration 

(NARA). For information on the availability of this material at NARA, call 

202–741–6030, or go to: http:// 

www.archives.gov/federallregister/ 

codeloflfederallregulations/ 

ibrllocations.html. The owner or operator shall document the National Fire 

Protection Association flammability 

hazard rating. 

(ii) Gasoline. Regulated substances in 

gasoline, when in distribution or related storage for use as fuel for internal combustion engines, need not be 

considered when determining whether 

more than a threshold quantity is 

present at a stationary source. 

(iii) Naturally occurring hydrocarbon 

mixtures. Prior to entry into a natural 

gas processing plant or a petroleum refining process unit, regulated substances in naturally occurring hydrocarbon mixtures need not be considered 

when determining whether more than a 

threshold quantity is present at a stationary source. Naturally occurring 

hydrocarbon mixtures include any 

combination of the following: condensate, crude oil, field gas, and produced 

182 

§ 68.120 40 CFR Ch. I (7–1–13 Edition) 

water, each as defined in §68.3 of this 

part. 

(3) Articles. Regulated substances contained in articles need not be considered when determining whether more 

than a threshold quantity is present at 

the stationary source. 

(4) Uses. Regulated substances, when 

in use for the following purposes, need 

not be included in determining whether 

more than a threshold quantity is 

present at the stationary source: 

(i) Use as a structural component of 

the stationary source; 

(ii) Use of products for routine janitorial maintenance; 

(iii) Use by employees of foods, drugs, 

cosmetics, or other personal items containing the regulated substance; and 

(iv) Use of regulated substances 

present in process water or non-contact 

cooling water as drawn from the environment or municipal sources, or use 

of regulated substances present in air 

used either as compressed air or as part 

of combustion. 

(5) Activities in laboratories. If a regulated substance is manufactured, processed, or used in a laboratory at a stationary source under the supervision of 

a technically qualified individual as defined in §720.3(ee) of this chapter, the 

quantity of the substance need not be 

considered in determining whether a 

threshold quantity is present. This exemption does not apply to: 

(i) Specialty chemical production; 

(ii) Manufacture, processing, or use 

of substances in pilot plant scale operations; and 

(iii) Activities conducted outside the 

laboratory. 

[59 FR 4493, Jan. 31, 1994. Redesignated at 61 

FR 31717, June 20, 1996, as amended at 63 FR 

645, Jan. 6, 1998; 69 FR 18803, Apr. 9, 2004] 

§ 68.120 Petition process. 

(a) Any person may petition the Administrator to modify, by addition or 

deletion, the list of regulated substances identified in §68.130. Based on 

the information presented by the petitioner, the Administrator may grant or 

deny a petition. 

(b) A substance may be added to the 

list if, in the case of an accidental release, it is known to cause or may be 

reasonably anticipated to cause death, 

injury, or serious adverse effects to 

human health or the environment. 

(c) A substance may be deleted from 

the list if adequate data on the health 

and environmental effects of the substance are available to determine that 

the substance, in the case of an accidental release, is not known to cause 

and may not be reasonably anticipated 

to cause death, injury, or serious adverse effects to human health or the 

environment. 

(d) No substance for which a national 

primary ambient air quality standard 

has been established shall be added to 

the list. No substance regulated under 

title VI of the Clean Air Act, as amended, shall be added to the list. 

(e) The burden of proof is on the petitioner to demonstrate that the criteria 

for addition and deletion are met. A petition will be denied if this demonstration is not made. 

(f) The Administrator will not accept 

additional petitions on the same substance following publication of a final 

notice of the decision to grant or deny 

a petition, unless new data becomes 

available that could significantly affect the basis for the decision. 

(g) Petitions to modify the list of 

regulated substances must contain the 

following: 

(1) Name and address of the petitioner and a brief description of the organization(s) that the petitioner represents, if applicable; 

(2) Name, address, and telephone 

number of a contact person for the petition; 

(3) Common chemical name(s), common synonym(s), Chemical Abstracts 

Service number, and chemical formula 

and structure; 

(4) Action requested (add or delete a 

substance); 

(5) Rationale supporting the petitioner’s position; that is, how the substance meets the criteria for addition 

and deletion. A short summary of the 

rationale must be submitted along 

with a more detailed narrative; and 

(6) Supporting data; that is, the petition must include sufficient information to scientifically support the request to modify the list. Such information shall include: 

(i) A list of all support documents; 

183 

Environmental Protection Agency § 68.130 

(ii) Documentation of literature 

searches conducted, including, but not 

limited to, identification of the database(s) searched, the search strategy, 

dates covered, and printed results; 

(iii) Effects data (animal, human, and 

environmental test data) indicating 

the potential for death, injury, or serious adverse human and environmental 

impacts from acute exposure following 

an accidental release; printed copies of 

the data sources, in English, should be 

provided; and 

(iv) Exposure data or previous accident history data, indicating the potential for serious adverse human 

health or environmental effects from 

an accidental release. These data may 

include, but are not limited to, physical and chemical properties of the substance, such as vapor pressure; modeling results, including data and assumptions used and model documentation; and historical accident data, citing data sources. 

(h) Within 18 months of receipt of a 

petition, the Administrator shall publish in the FEDERAL REGISTER a notice 

either denying the petition or granting 

the petition and proposing a listing. 

§ 68.125 Exemptions. 

Agricultural nutrients. Ammonia used 

as an agricultural nutrient, when held 

by farmers, is exempt from all provisions of this part. 

§ 68.126 Exclusion. 

Flammable Substances Used as Fuel or 

Held for Sale as Fuel at Retail Facilities. 

A flammable substance listed in Tables 

3 and 4 of §68.130 is nevertheless excluded from all provisions of this part 

when the substance is used as a fuel or 

held for sale as a fuel at a retail facility. 

[65 FR 13250, Mar. 13, 2000] 

§ 68.130 List of substances. 

(a) Regulated toxic and flammable 

substances under section 112(r) of the 

Clean Air Act are the substances listed 

in Tables 1, 2, 3, and 4. Threshold quantities for listed toxic and flammable 

substances are specified in the tables. 

(b) The basis for placing toxic and 

flammable substances on the list of 

regulated substances are explained in 

the notes to the list. 

TABLE 1 TO § 68.130—LIST OF REGULATED

TOXIC SUBSTANCES AND THRESHOLD QUANTITIES FOR ACCIDENTAL RELEASE PREVENTION

[Alphabetical Order—77 Substances] 

Chemical name CAS No. 

Threshold 

quantity 

(lbs) 

Basis for 

listing 

Acrolein [2- 

Propenal].

107–02–8 5,000 b 

Acrylonitrile [2- 

Propenenitrile].

107–13–1 20,000 b 

Acrylyl chloride 

[2-Propenoyl 

chloride].

814–68–6 5,000 b 

Allyl alcohol [2- 

Propen-l-ol].

107–18–61 15,000 b 

Allylamine [2- 

Propen-lamine].

107–11–9 10,000 b 

Ammonia (anhydrous).7664–41–7 10,000 a, b 

Ammonia (conc 

20% or greater).

7664–41–7 20,000 a, b 

Arsenous trichloride.7784–34–1 15,000 b 

Arsine ................. 7784–42–1 1,000 b 

Boron trichloride 

[Borane, 

trichloro-].

10294–34–5 5,000 b 

Boron trifluoride 

[Borane, 

trifluoro-].

7637–07–2 5,000 b 

Boron trifluoride 

compound with 

methyl ether 

(1:1) [Boron, 

trifluoro [oxybis 

[metane]]-, T-4-.

353–42–4 15,000 b 

Bromine .............. 7726–95–6 10,000 a, b 

Carbon disulfide 75–15–0 20,000 b 

Chlorine .............. 7782–50–5 2,500 a, b 

Chlorine dioxide 

[Chlorine oxide 

(ClO2)].

10049–04–4 1,000 c 

Chloroform 

[Methane, 

trichloro-].

67–66–3 20,000 b 

Chloromethyl 

ether [Methane, 

oxybis[chloro-].

542–88–1 1,000 b 

Chloromethyl 

methyl ether 

[Methane, 

chloromethoxy- 

].

107–30–2 5,000 b 

Crotonaldehyde 

[2-Butenal].

4170–30–3 20,000 b 

Crotonaldehyde, 

(E)- [2-Butenal, 

(E)-].

123–73–9 20,000 b 

Cyanogen chloride.506–77–4 10,000 c 

Cyclohexylamine 

[Cyclohexanamine].

108–91–8 15,000 b 

Diborane ............. 19287–45–7 2,500 b 

Dimethyldichlorosilane [Silane, 

dichlorodimethyl-].

75–78–5 5,000 b 

184 

§ 68.130 40 CFR Ch. I (7–1–13 Edition) 

TABLE 1 TO § 68.130—LIST OF REGULATED

TOXIC SUBSTANCES AND THRESHOLD QUANTITIES FOR ACCIDENTAL RELEASE PREVENTION—Continued 

[Alphabetical Order—77 Substances] 

Chemical name CAS No. 

Threshold 

quantity 

(lbs) 

Basis for 

listing 

1,1- 

Dimethylhydrazine [Hydrazine, 1,1-dimethyl-].

57–14–7 15,000 b 

Epichlorohydrin 

[Oxirane, 

(chloromethyl)-].

106–89–8 20,000 b 

Ethylenediamine 

[1,2- 

Ethanediamine].

107–15–3 20,000 b 

Ethyleneimine 

[Aziridine].

151–56–4 10,000 b 

Ethylene oxide 

[Oxirane].

75–21–8 10,000 a, b 

Fluorine .............. 7782–41–4 1,000 b 

Formaldehyde 

(solution).

50–00–0 15,000 b 

Furan .................. 110–00–9 5,000 b 

Hydrazine ........... 302–01–2 15,000 b 

Hydrochloric acid 

(conc 37% or 

greater).

7647–01–0 15,000 d 

Hydrocyanic acid 74–90–8 2,500 a, b 

Hydrogen chloride (anhydrous) [Hydrochloric acid].

7647–01–0 5,000 a 

Hydrogen fluoride/ 

Hydrofluoric 

acid (conc 50% 

or greater) 

[Hydrofluoric 

acid].

7664–39–3 1,000 a, b 

Hydrogen selenide.7783–07–5 500 b 

Hydrogen sulfide 7783–06–4 10,000 a, b 

Iron, 

pentacarbonyl- 

[Iron carbonyl 

(Fe(CO)5), 

(TB-5-11)-].

13463–40–6 2,500 b 

Isobutyronitrile 

[Propanenitrile, 

2-methyl-].

78–82–0 20,000 b 

Isopropyl 

chloroformate 

[Carbonochloridic acid, 1- 

methylethyl 

ester].

108–23–6 15,000 b 

Methacrylonitrile 

[2- 

Propenenitrile, 

2-methyl-].

126–98–7 10,000 b 

Methyl chloride 

[Methane, 

chloro-].

74–87–3 10,000 a 

Methyl 

chloroformate 

[Carbonochloridic acid, 

methylester].

79–22–1 5,000 b 

TABLE 1 TO § 68.130—LIST OF REGULATED

TOXIC SUBSTANCES AND THRESHOLD QUANTITIES FOR ACCIDENTAL RELEASE PREVENTION—Continued 

[Alphabetical Order—77 Substances] 

Chemical name CAS No. 

Threshold 

quantity 

(lbs) 

Basis for 

listing 

Methyl hydrazine 

[Hydrazine, 

methyl-].

60–34–4 15,000 b 

Methyl isocyanate 

[Methane, 

isocyanato-].

624–83–9 10,000 a, b 

Methyl mercaptan 

[Methanethiol].

74–93–1 10,000 b 

Methyl 

thiocyanate 

[Thiocyanic 

acid, methyl 

ester].

556–64–9 20,000 b 

Methyltrichlorosilane [Silane, 

trichloromethyl- 

].

75–79–6 5,000 b 

Nickel carbonyl ... 13463–39–3 1,000 b 

Nitric acid (conc 

80% or greater).

7697–37–2 15,000 b 

Nitric oxide [Nitrogen oxide 

(NO)].

10102–43–9 10,000 b 

Oleum (Fuming 

Sulfuric acid) 

[Sulfuric acid, 

mixture with 

sulfur trioxide] 1.

8014–95–7 10,000 e 

Peracetic acid 

[Ethaneperoxoic acid].

79–21–0 10,000 b 

Perchloromethylmercaptan 

[Methanesulfenyl chloride, 

trichloro-].

594–42–3 10,000 b 

Phosgene [Carbonic dichloride].

75–44–5 500 a, b 

Phosphine .......... 7803–51–2 5,000 b 

Phosphorus 

oxychloride 

[Phosphoryl 

chloride].

10025–87–3 5,000 b 

Phosphorus trichloride [Phosphorous trichloride].

7719–12–2 15,000 b 

Piperidine ........... 110–89–4 15,000 b 

Propionitrile 

[Propanenitrile].

107–12–0 10,000 b 

Propyl 

chloroformate 

[Carbonochloridic acid, 

propylester].

109–61–5 15,000 b 

Propyleneimine 

[Aziridine, 2- 

methyl-].

75–55–8 10,000 b 

Propylene oxide 

[Oxirane, methyl-].

75–56–9 10,000 b 

Sulfur dioxide 

(anhydrous).

7446–09–5 5,000 a, b 

185 

Environmental Protection Agency § 68.130 

TABLE 1 TO § 68.130—LIST OF REGULATED

TOXIC SUBSTANCES AND THRESHOLD QUANTITIES FOR ACCIDENTAL RELEASE PREVENTION—Continued 

[Alphabetical Order—77 Substances] 

Chemical name CAS No. 

Threshold 

quantity 

(lbs) 

Basis for 

listing 

Sulfur tetrafluoride [Sulfur 

fluoride (SF4), 

(T-4)-].

7783–60–0 2,500 b 

Sulfur trioxide ..... 7446–11–9 10,000 a, b 

Tetramethyllead 

[Plumbane, 

tetramethyl-].

75–74–1 10,000 b 

Tetranitromethane [Methane, tetranitro-].

509–14–8 10,000 b 

Titanium tetrachloride [Titanium chloride 

(TiCl4) (T-4)-].

7550–45–0 2,500 b 

Toluene 2,4- 

diisocyanate 

[Benzene, 2,4- 

diisocyanato-1- 

methyl-] 1.

584–84–9 10,000 a 

Toluene 2,6- 

diisocyanate 

[Benzene, 1,3- 

diisocyanato-2- 

methyl-] 1.

91–08–7 10,000 a 

TABLE 1 TO § 68.130—LIST OF REGULATED

TOXIC SUBSTANCES AND THRESHOLD QUANTITIES FOR ACCIDENTAL RELEASE PREVENTION—Continued 

[Alphabetical Order—77 Substances] 

Chemical name CAS No. 

Threshold 

quantity 

(lbs) 

Basis for 

listing 

Toluene 

diisocyanate 

(unspecified 

isomer) [Benzene, 1,3- 

diisocyanatomethyl-] 1.

26471–62–5 10,000 a 

Trimethylchlorosilane [Silane, 

chlorotrimethyl- 

].

75–77–4 10,000 b 

Vinyl acetate 

monomer [Acetic acid ethenyl 

ester].

108–05–4 15,000 b 

1The mixture exemption in § 68.115(b)(1) does not apply to 

the substance. 

NOTE: Basis for Listing: 

a Mandated for listing by Congress. 

b On EHS list, vapor pressure 10 mmHg or greater. 

c Toxic gas. 

d Toxicity of hydrogen chloride, potential to release hydrogen chloride, and history of accidents. 

e Toxicity of sulfur trioxide and sulfuric acid, potential to 

release sulfur trioxide, and history of accidents. 

TABLE 2 TO § 68.130—LIST OF REGULATED TOXIC SUBSTANCES AND THRESHOLD QUANTITIES FOR

ACCIDENTAL RELEASE PREVENTION

[CAS Number Order—77 Substances] 

CAS No. Chemical name 

Threshold 

quantity 

(lbs) 

Basis for 

listing 

50–00–0 ..................... Formaldehyde (solution) .................................................................................... 15,000 b 

57–14–7 ..................... 1,1-Dimethylhydrazine [Hydrazine, 1,1-dimethyl-] ............................................. 15,000 b 

60–34–4 ..................... Methyl hydrazine [Hydrazine, methyl-] ............................................................... 15,000 b 

67–66–3 ..................... Chloroform [Methane, trichloro-] ........................................................................ 20,000 b 

74–87–3 ..................... Methyl chloride [Methane, chloro-] .................................................................... 10,000 a 

74–90–8 ..................... Hydrocyanic acid ................................................................................................ 2,500 a, b 

74–93–1 ..................... Methyl mercaptan [Methanethiol] ....................................................................... 10,000 b 

75–15–0 ..................... Carbon disulfide ................................................................................................. 20,000 b 

75–21–8 ..................... Ethylene oxide [Oxirane] .................................................................................... 10,000 a, b 

75–44–5 ..................... Phosgene [Carbonic dichloride] ......................................................................... 500 a, b 

75–55–8 ..................... Propyleneimine [Aziridine, 2-methyl-] ................................................................ 10,000 b 

75–56–9 ..................... Propylene oxide [Oxirane, methyl-] ................................................................... 10,000 b 

75–74–1 ..................... Tetramethyllead [Plumbane, tetramethyl-] ......................................................... 10,000 b 

75–77–4 ..................... Trimethylchlorosilane [Silane, chlorotrimethyl-] ................................................. 10,000 b 

75–78–5 ..................... Dimethyldichlorosilane [Silane, dichlorodimethyl-] ............................................. 5,000 b 

75–79–6 ..................... Methyltrichlorosilane [Silane, trichloromethyl-] ................................................... 5,000 b 

78–82–0 ..................... Isobutyronitrile [Propanenitrile, 2-methyl-] ......................................................... 20,000 b 

79–21–0 ..................... Peracetic acid [Ethaneperoxoic acid] ................................................................ 10,000 b 

79–22–1 ..................... Methyl chloroformate [Carbonochloridic acid, methylester] ............................... 5,000 b 

91–08–7 ..................... Toluene 2,6-diisocyanate [Benzene, 1,3-diisocyanato-2-methyl-]1 ................... 10,000 a 

106–89–8 ................... Epichlorohydrin [Oxirane, (chloromethyl)-] ......................................................... 20,000 b 

107–02–8 ................... Acrolein [2-Propenal] ......................................................................................... 5,000 b 

107–11–9 ................... Allylamine [2-Propen-1-amine] ........................................................................... 10,000 b 

107–12–0 ................... Propionitrile [Propanenitrile] ............................................................................... 10,000 b 

107–13–1 ................... Acrylonitrile [2-Propenenitrile] ............................................................................ 20,000 b 

107–15–3 ................... Ethylenediamine [1,2-Ethanediamine] ............................................................... 20,000 b 

107–18–6 ................... Allyl alcohol [2-Propen-1-ol] ............................................................................... 15,000 b 

107–30–2 ................... Chloromethyl methyl ether [Methane, chloromethoxy-] ..................................... 5,000 b 

108–05–4 ................... Vinyl acetate monomer [Acetic acid ethenyl ester] ........................................... 15,000 b

108–23–6 ................... Isopropyl chloroformate [Carbonochloridic acid, 1-methylethyl ester] ............... 15,000 b 

108–91–8 ................... Cyclohexylamine [Cyclohexanamine] ................................................................ 15,000 b 

186 

§ 68.130 40 CFR Ch. I (7–1–13 Edition) 

TABLE 2 TO § 68.130—LIST OF REGULATED TOXIC SUBSTANCES AND THRESHOLD QUANTITIES FOR

ACCIDENTAL RELEASE PREVENTION—Continued 

[CAS Number Order—77 Substances] 

CAS No. Chemical name 

Threshold 

quantity 

(lbs) 

Basis for 

listing 

109–61–5 ................... Propyl chloroformate [Carbonochloridic acid, propylester] ................................ 15,000 b 

110–00–9 ................... Furan .................................................................................................................. 5,000 b 

110–89–4 ................... Piperidine ........................................................................................................... 15,000 b 

123–73–9 ................... Crotonaldehyde, (E)- [2-Butenal, (E)-] ............................................................... 20,000 b 

126–98–7 ................... Methacrylonitrile [2-Propenenitrile, 2-methyl-] ................................................... 10,000 b 

151–56–4 ................... Ethyleneimine [Aziridine] .................................................................................... 10,000 b 

302–01–2 ................... Hydrazine ........................................................................................................... 15,000 b 

353–42–4 ................... Boron trifluoride compound with methyl ether (1:1) [Boron, 

trifluoro[oxybis[methane]]-, T-4-.

15,000 b 

506–77–4 ................... Cyanogen chloride ............................................................................................. 10,000 c 

509–14–8 ................... Tetranitromethane [Methane, tetranitro-] ........................................................... 10,000 b 

542–88–1 ................... Chloromethyl ether [Methane, oxybis[chloro-] ................................................... 1,000 b 

556–64–9 ................... Methyl thiocyanate [Thiocyanic acid, methyl ester] ........................................... 20,000 b 

584–84–9 ................... Toluene 2,4-diisocyanate [Benzene, 2,4-diisocyanato-1-methyl-]1 ................... 10,000 a 

594–42–3 ................... Perchloromethylmercaptan [Methanesulfenyl chloride, trichloro-] ..................... 10,000 b 

624–83–9 ................... Methyl isocyanate [Methane, isocyanato-] ........................................................ 10,000 a, b 

814–68–6 ................... Acrylyl chloride [2-Propenoyl chloride] ............................................................... 5,000 b 

4170–30–3 ................. Crotonaldehyde [2-Butenal] ............................................................................... 20,000 b 

7446–09–5 ................. Sulfur dioxide (anhydrous) ................................................................................. 5,000 a, b 

7446–11–9 ................. Sulfur trioxide ..................................................................................................... 10,000 a, b 

7550–45–0 ................. Titanium tetrachloride [Titanium chloride (TiCl4) (T-4)-] .................................... 2,500 b 

7637–07–2 ................. Boron trifluoride [Borane, trifluoro-] .................................................................... 5,000 b 

7647–01–0 ................. Hydrochloric acid (conc 37% or greater) ........................................................... 15,000 d 

7647–01–0 ................. Hydrogen chloride (anhydrous) [Hydrochloric acid] ........................................... 5,000 a 

7664–39–3 ................. Hydrogen fluoride/Hydrofluoric acid (conc 50% or greater) [Hydrofluoric acid] 1,000 a, b 

7664–41–7 ................. Ammonia (anhydrous) ........................................................................................ 10,000 a, b 

7664–41–7 ................. Ammonia (conc 20% or greater) ....................................................................... 20,000 a, b 

7697–37–2 ................. Nitric acid (conc 80% or greater) ....................................................................... 15,000 b 

7719–12–2 ................. Phosphorus trichloride [Phosphorous trichloride] .............................................. 15,000 b 

7726–95–6 ................. Bromine .............................................................................................................. 10,000 a, b 

7782–41–4 ................. Fluorine .............................................................................................................. 1,000 b 

7782–50–5 ................. Chlorine .............................................................................................................. 2,500 a, b 

7783–06–4 ................. Hydrogen sulfide ................................................................................................ 10,000 a, b 

7783–07–5 ................. Hydrogen selenide ............................................................................................. 500 b 

7783–60–0 ................. Sulfur tetrafluoride [Sulfur fluoride (SF4), (T-4)-] ............................................... 2,500 b 

7784–34–1 ................. Arsenous trichloride ........................................................................................... 15,000 b 

7784–42–1 ................. Arsine ................................................................................................................. 1,000 b 

7803–51–2 ................. Phosphine .......................................................................................................... 5,000 b 

8014–95–7 ................. Oleum (Fuming Sulfuric acid) [Sulfuric acid, mixture with sulfur trioxide]1 ....... 10,000 e 

10025–87–3 ............... Phosphorus oxychloride [Phosphoryl chloride] .................................................. 5,000 b 

10049–04–4 ............... Chlorine dioxide [Chlorine oxide (ClO2)] ............................................................ 1,000 c 

10102–43–9 ............... Nitric oxide [Nitrogen oxide (NO)] ...................................................................... 10,000 b 

10294–34–5 ............... Boron trichloride [Borane, trichloro-] .................................................................. 5,000 b 

13463–39–3 ............... Nickel carbonyl ................................................................................................... 1,000 b 

13463–40–6 ............... Iron, pentacarbonyl- [Iron carbonyl (Fe(CO)5), (TB-5-11)-] ............................... 2,500 b 

19287–45–7 ............... Diborane ............................................................................................................. 2,500 b 

26471–62–5 ............... Toluene diisocyanate (unspecified isomer) [Benzene, 1,3-diisocyanatomethyl1]1.

10,000 a 

1The mixture exemption in § 68.115(b)(1) does not apply to the substance. 

NOTE: Basis for Listing: 

a Mandated for listing by Congress. 

b On EHS list, vapor pressure 10 mmHg or greater. 

c Toxic gas. 

d Toxicity of hydrogen chloride, potential to release hydrogen chloride, and history of accidents. 

e Toxicity of sulfur trioxide and sulfuric acid, potential to release sulfur trioxide, and history of accidents. 

TABLE 3 TO § 68.130—LIST OF REGULATED FLAMMABLE SUBSTANCES 1 AND THRESHOLD QUANTITIES

FOR ACCIDENTAL RELEASE PREVENTION

[Alphabetical Order—63 Substances] 

Chemical name CAS No. 

Threshold 

quantity 

(lbs) 

Basis for 

listing 

Acetaldehyde .................................................................................................................. 75–07–0 10,000 g 

Acetylene [Ethyne] ......................................................................................................... 74–86–2 10,000 f 

Bromotrifluorethylene [Ethene, bromotrifluoro-] ............................................................. 598–73–2 10,000 f 

187 

Environmental Protection Agency § 68.130 

TABLE 3 TO § 68.130—LIST OF REGULATED FLAMMABLE SUBSTANCES 1 AND THRESHOLD QUANTITIES

FOR ACCIDENTAL RELEASE PREVENTION—Continued 

[Alphabetical Order—63 Substances] 

Chemical name CAS No. 

Threshold 

quantity 

(lbs) 

Basis for 

listing 

1,3-Butadiene ................................................................................................................. 106–99–0 10,000 f 

Butane ............................................................................................................................ 106–97–8 10,000 f 

1-Butene ......................................................................................................................... 106–98–9 10,000 f 

2-Butene ......................................................................................................................... 107–01–7 10,000 f 

Butene ............................................................................................................................ 25167–67–3 10,000 f 

2-Butene-cis ................................................................................................................... 590–18–1 10,000 f 

2-Butene-trans [2-Butene, (E)] ....................................................................................... 624–64–6 10,000 f 

Carbon oxysulfide [Carbon oxide sulfide (COS)] ........................................................... 463–58–1 10,000 f 

Chlorine monoxide [Chlorine oxide] ............................................................................... 7791–21–1 10,000 f 

2-Chloropropylene [1-Propene, 2-chloro-] ..................................................................... 557–98–2 10,000 g 

1-Chloropropylene [1-Propene, 1-chloro-] ..................................................................... 590–21–6 10,000 g 

Cyanogen [Ethanedinitrile] ............................................................................................. 460–19–5 10,000 f 

Cyclopropane ................................................................................................................. 75–19–4 10,000 f 

Dichlorosilane [Silane, dichloro-] .................................................................................... 4109–96–0 10,000 f 

Difluoroethane [Ethane, 1,1-difluoro-] ............................................................................ 75–37–6 10,000 f 

Dimethylamine [Methanamine, N-methyl-] ..................................................................... 124–40–3 10,000 f 

2,2-Dimethylpropane [Propane, 2,2-dimethyl-] .............................................................. 463–82–1 10,000 f 

Ethane ............................................................................................................................ 74–84–0 10,000 f 

Ethyl acetylene [1-Butyne] ............................................................................................. 107–00–6 10,000 f 

Ethylamine [Ethanamine] ............................................................................................... 75–04–7 10,000 f 

Ethyl chloride [Ethane, chloro-] ...................................................................................... 75–00–3 10,000 f 

Ethylene [Ethene] ........................................................................................................... 74–85–1 10,000 f 

Ethyl ether [Ethane, 1,1′-oxybis-] ................................................................................... 60–29–7 10,000 g 

Ethyl mercaptan [Ethanethiol] ........................................................................................ 75–08–1 10,000 g 

Ethyl nitrite [Nitrous acid, ethyl ester] ............................................................................ 109–95–5 10,000 f 

Hydrogen ........................................................................................................................ 1333–74–0 10,000 f 

Isobutane [Propane, 2-methyl] ....................................................................................... 75–28–5 10,000 f 

Isopentane [Butane, 2-methyl-] ...................................................................................... 78–78–4 10,000 g 

Isoprene [1,3-Butadinene, 2-methyl-] ............................................................................. 78–79–5 10,000 g 

Isopropylamine [2-Propanamine] ................................................................................... 75–31–0 10,000 g 

Isopropyl chloride [Propane, 2-chloro-] .......................................................................... 75–29–6 10,000 g 

Methane ......................................................................................................................... 74–82–8 10,000 f 

Methylamine [Methanamine] .......................................................................................... 74–89–5 10,000 f 

3-Methyl-1-butene .......................................................................................................... 563–45–1 10,000 f 

2-Methyl-1-butene .......................................................................................................... 563–46–2 10,000 g 

Methyl ether [Methane, oxybis-] ..................................................................................... 115–10–6 10,000 f 

Methyl formate [Formic acid, methyl ester] ................................................................... 107–31–3 10,000 g 

2-Methylpropene [1-Propene, 2-methyl-] ....................................................................... 115–11–7 10,000 f 

1,3-Pentadinene ............................................................................................................. 504–60–9 10,000 f 

Pentane .......................................................................................................................... 109–66–0 10,000 g 

1-Pentene ....................................................................................................................... 109–67–1 10,000 g 

2-Pentene, (E)- ............................................................................................................... 646–04–8 10,000 g 

2-Pentene, (Z)- ............................................................................................................... 627–20–3 10,000 g 

Propadiene [1,2-Propadiene] ......................................................................................... 463–49–0 10,000 f 

Propane .......................................................................................................................... 74–98–6 10,000 f 

Propylene [1-Propene] ................................................................................................... 115–07–1 10,000 f 

Propyne [1-Propyne] ...................................................................................................... 74–99–7 10,000 f 

Silane ............................................................................................................................. 7803–62–5 10,000 f 

Tetrafluoroethylene [Ethene, tetrafluoro-] ...................................................................... 116–14–3 10,000 f 

Tetramethylsilane [Silane, tetramethyl-] ......................................................................... 75–76–3 10,000 g 

Trichlorosilane [Silane, trichloro-] ................................................................................... 10025–78–2 10,000 g 

Trifluorochloroethylene [Ethene, chlorotrifluoro-] ........................................................... 79–38–9 10,000 f 

Trimethylamine [Methanamine, N,N-dimethyl-] .............................................................. 75–50–3 10,000 f 

Vinyl acetylene [1-Buten-3-yne] ..................................................................................... 689–97–4 10,000 f 

Vinyl chloride [Ethene, chloro-] ...................................................................................... 75–01–4 10,000 a, f 

Vinyl ethyl ether [Ethene, ethoxy-] ................................................................................. 109–92–2 10,000 g 

Vinyl fluoride [Ethene, fluoro-] ........................................................................................ 75–02–5 10,000 f 

Vinylidene chloride [Ethene, 1,1-dichloro-] .................................................................... 75–35–4 10,000 g

Vinylidene fluoride [Ethene, 1,1-difluoro-] ...................................................................... 75–38–7 10,000 f 

Vinyl methyl ether [Ethene, methoxy-] ........................................................................... 107–25–5 10,000 f 

1A flammable substance when used as a fuel or held for sale as a fuel at a retail facility is excluded from all provisions of this 

part (see § 68.126). 

NOTE: Basis for Listing: a Mandated for listing by Congress. 

fFlammable gas. 

gVolatile flammable liquid. 

188 

§ 68.130 40 CFR Ch. I (7–1–13 Edition) 

TABLE 4 TO § 68.130—LIST OF REGULATED FLAMMABLE SUBSTANCES 1 AND THRESHOLD QUANTITIES

FOR ACCIDENTAL RELEASE PREVENTION

[CAS Number Order—63 Substances] 

CAS No. Chemical name CAS No. 

Threshold 

quantity 

(lbs) 

Basis for 

listing 

60–29–7 ..................... Ethyl ether [Ethane, 1,1′-oxybis-] .......................................... 60–29–7 10,000 g 

74–82–8 ..................... Methane ................................................................................. 74–82–8 10,000 f 

74–84–0 ..................... Ethane ................................................................................... 74–84–0 10,000 f 

74–85–1 ..................... Ethylene [Ethene] .................................................................. 74–85–1 10,000 f

74–86–2 ..................... Acetylene [Ethyne] ................................................................ 74–86–2 10,000 f 

74–89–5 ..................... Methylamine [Methanamine] ................................................. 74–89–5 10,000 f 

74–98–6 ..................... Propane ................................................................................. 74–98–6 10,000 f 

74–99–7 ..................... Propyne [1-Propyne] ............................................................. 74–99–7 10,000 f 

75–00–3 ..................... Ethyl chloride [Ethane, chloro-] ............................................. 75–00–3 10,000 f 

75–01–4 ..................... Vinyl chloride [Ethene, chloro-] ............................................. 75–01–4 10,000 a, f 

75–02–5 ..................... Vinyl fluoride [Ethene, fluoro-] ............................................... 75–02–5 10,000 f 

75–04–7 ..................... Ethylamine [Ethanamine] ...................................................... 75–04–7 10,000 f 

75–07–0 ..................... Acetaldehyde ......................................................................... 75–07–0 10,000 g 

75–08–1 ..................... Ethyl mercaptan [Ethanethiol] ............................................... 75–08–1 10,000 g 

75–19–4 ..................... Cyclopropane ........................................................................ 75–19–4 10,000 f 

75–28–5 ..................... Isobutane [Propane, 2-methyl] .............................................. 75–28–5 10,000 f 

75–29–6 ..................... Isopropyl chloride [Propane, 2-chloro-] ................................. 75–29–6 10,000 g 

75–31–0 ..................... Isopropylamine [2-Propanamine] .......................................... 75–31–0 10,000 g 

75–35–4 ..................... Vinylidene chloride [Ethene, 1,1-dichloro-] ........................... 75–35–4 10,000 g 

75–37–6 ..................... Difluoroethane [Ethane, 1,1-difluoro-] ................................... 75–37–6 10,000 f 

75–38–7 ..................... Vinylidene fluoride [Ethene, 1,1-difluoro-] ............................. 75–38–7 10,000 f 

75–50–3 ..................... Trimethylamine [Methanamine, N, N-dimethyl-] .................... 75–50–3 10,000 f 

75–76–3 ..................... Tetramethylsilane [Silane, tetramethyl-] ................................ 75–76–3 10,000 g 

78–78–4 ..................... Isopentane [Butane, 2-methyl-] ............................................. 78–78–4 10,000 g 

78–79–5 ..................... Isoprene [1,3,-Butadiene, 2-methyl-] ..................................... 78–79–5 10,000 g 

79–38–9 ..................... Trifluorochloroethylene [Ethene, chlorotrifluoro-] .................. 79–38–9 10,000 f 

106–97–8 ................... Butane ................................................................................... 106–97–8 10,000 f 

106–98–9 ................... 1-Butene ................................................................................ 106–98–9 10,000 f 

196–99–0 ................... 1,3-Butadiene ........................................................................ 106–99–0 10,000 f 

107–00–6 ................... Ethyl acetylene [1-Butyne] .................................................... 107–00–6 10,000 f 

107–01–7 ................... 2-Butene ................................................................................ 107–01–7 10,000 f 

107–25–5 ................... Vinyl methyl ether [Ethene, methoxy-] .................................. 107–25–5 10,000 f 

107–31–3 ................... Methyl formate [Formic acid, methyl ester] ........................... 107–31–3 10,000 g 

109–66–0 ................... Pentane ................................................................................. 109–66–0 10,000 g 

109–67–1 ................... 1-Pentene .............................................................................. 109–67–1 10,000 g 

109–92–2 ................... Vinyl ethyl ether [Ethene, ethoxy-] ........................................ 109–92–2 10,000 g 

109–95–5 ................... Ethyl nitrite [Nitrous acid, ethyl ester] ................................... 109–95–5 10,000 f 

115–07–1 ................... Propylene [1-Propene] .......................................................... 115–07–1 10,000 f 

115–10–6 ................... Methyl ether [Methane, oxybis-] ............................................ 115–10–6 10,000 f 

115–11–7 ................... 2-Methylpropene [1-Propene, 2-methyl-] .............................. 115–11–7 10,000 f 

116–14–3 ................... Tetrafluoroethylene [Ethene, tetrafluoro-] ............................. 116–14–3 10,000 f 

124–40–3 ................... Dimethylamine [Methanamine, N-methyl-] ............................ 124–40–3 10,000 f 

460–19–5 ................... Cyanogen [Ethanedinitrile] .................................................... 460–19–5 10,000 f 

463–49–0 ................... Propadiene [1,2-Propadiene] ................................................ 463–49–0 10,000 f 

463–58–1 ................... Carbon oxysulfide [Carbon oxide sulfide (COS)] .................. 463–58–1 10,000 f 

463–82–1 ................... 2,2-Dimethylpropane [Propane, 2,2-dimethyl-] ..................... 463–82–1 10,000 f 

504–60–9 ................... 1,3-Pentadiene ...................................................................... 504–60–9 10,000 f 

557–98–2 ................... 2-Chloropropylene [1-Propene, 2-chloro-] ............................. 557–98–2 10,000 g 

563–45–1 ................... 3-Methyl-1-butene ................................................................. 563–45–1 10,000 f 

563–46–2 ................... 2-Methyl-1-butene ................................................................. 563–46–2 10,000 g 

590–18–1 ................... 2-Butene-cis .......................................................................... 590–18–1 10,000 f 

590–21–6 ................... 1-Chloropropylene [1-Propene, 1-chloro-] ............................. 590–21–6 10,000 g 

598–73–2 ................... Bromotrifluorethylene [Ethene, bromotrifluoro-] .................... 598–73–2 10,000 f 

624–64–6 ................... 2-Butene-trans [2-Butene, (E)] .............................................. 624–64–6 10,000 f 

627–20–3 ................... 2-Pentene, (Z)- ...................................................................... 627–20–3 10,000 g 

646–04–8 ................... 2-Pentene, (E)- ...................................................................... 646–04–8 10,000 g 

689–97–4 ................... Vinyl acetylene [1-Buten-3-yne] ............................................ 689–97–4 10,000 f 

1333–74–0 ................. Hydrogen ............................................................................... 1333–74–0 10,000 f 

4109–96–0 ................. Dichlorosilane [Silane, dichloro-] ........................................... 4109–96–0 10,000 f 

7791–21–1 ................. Chlorine monoxide [Chlorine oxide] ...................................... 7791–21–1 10,000 f 

7803–62–5 ................. Silane ..................................................................................... 7803–62–5 10,000 f 

10025–78–2 ............... Trichlorosilane [Silane,trichloro-] ........................................... 10025–78–2 10,000 g 

25167–67–3 ............... Butene ................................................................................... 25167–67–3 10,000 f 

1A flammable substance when used as a fuel or held for sale as a fuel at a retail facility is excluded from all provisions of this part (see § 68.126). 

NOTE: Basis for Listing: a Mandated for listing by Congress. 

189 

Environmental Protection Agency § 68.151 

fFlammable gas. 

gVolatile flammable liquid. 

[59 FR 4493, Jan. 31, 1994. Redesignated at 61 FR 31717, June 20, 1996, as amended at 62 FR 45132, 

Aug. 25, 1997; 63 FR 645, Jan. 6, 1998; 65 FR 13250, Mar. 13, 2000] 

Subpart G—Risk Management 

Plan 

SOURCE: 61 FR 31726, June 20, 1996, unless 

otherwise noted. 

§ 68.150 Submission. 

(a) The owner or operator shall submit a single RMP that includes the information required by §§68.155 through 

68.185 for all covered processes. The 

RMP shall be submitted in the method 

and format to the central point specified by EPA as of the date of submission. 

(b) The owner or operator shall submit the first RMP no later than the 

latest of the following dates: 

(1) June 21, 1999; 

(2) Three years after the date on 

which a regulated substance is first 

listed under §68.130; or 

(3) The date on which a regulated 

substance is first present above a 

threshold quantity in a process. 

(c) The owner or operator of any stationary source for which an RMP was 

submitted before June 21, 2004, shall revise the RMP to include the information required by §68.160(b)(6) and (14) by 

June 21, 2004 in the manner specified by 

EPA prior to that date. Any such submission shall also include the information required by §68.160(b)(20) (indicating that the submission is a correction to include the information required by §68.160(b)(6) and (14) or an update under §68.190). 

(d) RMPs submitted under this section shall be updated and corrected in 

accordance with §§68.190 and 68.195. 

(e) Notwithstanding the provisions of 

§§68.155 to 68.190, the RMP shall exclude classified information. Subject to 

appropriate procedures to protect such 

information from public disclosure, 

classified data or information excluded 

from the RMP may be made available 

in a classified annex to the RMP for review by Federal and state representatives who have received the appropriate security clearances. 

(f) Procedures for asserting that information submitted in the RMP is entitled to protection as confidential 

business information are set forth in 

§§68.151 and 68.152. 

[61 FR 31726, June 20, 1996, as amended at 64 

FR 979, Jan. 6, 1999; 69 FR 18831, Apr. 9, 2004] 

§ 68.151 Assertion of claims of confidential business information. 

(a) Except as provided in paragraph 

(b) of this section, an owner or operator of a stationary source required to 

report or otherwise provide information under this part may make a claim 

of confidential business information 

for any such information that meets 

the criteria set forth in 40 CFR 2.301. 

(b) Notwithstanding the provisions of 

40 CFR part 2, an owner or operator of 

a stationary source subject to this part 

may not claim as confidential business 

information the following information: 

(1) Registration data required by 

§68.160(b)(1) through (b)(6) and (b)(8), 

(b)(10) through (b)(13) and NAICS code 

and Program level of the process set 

forth in §68.160(b)(7); 

(2) Offsite consequence analysis data 

required by §68.165(b)(4), (b)(9), (b)(10), 

(b)(11), and (b)(12). 

(3) Accident history data required by 

§68.168; 

(4) Prevention program data required 

by §68.170(b), (d), (e)(1), (f) through (k); 

(5) Prevention program data required 

by §68.175(b), (d), (e)(1), (f) through (p); 

and 

(6) Emergency response program data 

required by §68.180. 

(c) Notwithstanding the procedures 

specified in 40 CFR part 2, an owner or 

operator asserting a claim of CBI with 

respect to information contained in its 

RMP, shall submit to EPA at the time 

it submits the RMP the following: 

(1) The information claimed confidential, provided in a format to be 

specified by EPA; 

(2) A sanitized (redacted) copy of the 

RMP, with the notation ‘‘CBI’’ substituted for the information claimed 

190 

§ 68.152 40 CFR Ch. I (7–1–13 Edition) 

confidential, except that a generic category or class name shall be substituted for any chemical name or 

identity claimed confidential; and 

(3) The document or documents substantiating each claim of confidential 

business information, as described in 

§68.152. 

[64 FR 979, Jan. 6, 1999] 

§ 68.152 Substantiating claims of confidential business information. 

(a) An owner or operator claiming 

that information is confidential business information must substantiate 

that claim by providing documentation 

that demonstrates that the claim 

meets the substantive criteria set forth 

in 40 CFR 2.301. 

(b) Information that is submitted as 

part of the substantiation may be 

claimed confidential by marking it as 

confidential business information. Information not so marked will be treated as public and may be disclosed without notice to the submitter. If information that is submitted as part of the 

substantiation is claimed confidential, 

the owner or operator must provide a 

sanitized and unsanitized version of the 

substantiation. 

(c) The owner, operator, or senior official with management responsibility 

of the stationary source shall sign a 

certification that the signer has personally examined the information submitted and that based on inquiry of the 

persons who compiled the information, 

the information is true, accurate, and 

complete, and that those portions of 

the substantiation claimed as confidential business information would, if disclosed, reveal trade secrets or other 

confidential business information. 

[64 FR 980, Jan. 6, 1999] 

§ 68.155 Executive summary. 

The owner or operator shall provide 

in the RMP an executive summary that 

includes a brief description of the following elements: 

(a) The accidental release prevention 

and emergency response policies at the 

stationary source; 

(b) The stationary source and regulated substances handled; 

(c) The general accidental release 

prevention program and chemical-specific prevention steps; 

(d) The five-year accident history; 

(e) The emergency response program; 

and 

(f) Planned changes to improve safety. 

[61 FR 31726, June 20, 1996, as amended at 69 

FR 18831, Apr. 9, 2004] 

§ 68.160 Registration. 

(a) The owner or operator shall complete a single registration form and include it in the RMP. The form shall 

cover all regulated substances handled 

in covered processes. 

(b) The registration shall include the 

following data: 

(1) Stationary source name, street, 

city, county, state, zip code, latitude 

and longitude, method for obtaining 

latitude and longitude, and description 

of location that latitude and longitude 

represent; 

(2) The stationary source Dun and 

Bradstreet number; 

(3) Name and Dun and Bradstreet 

number of the corporate parent company; 

(4) The name, telephone number, and 

mailing address of the owner or operator; 

(5) The name and title of the person 

or position with overall responsibility 

for RMP elements and implementation, 

and (optional) the e-mail address for 

that person or position; 

(6) The name, title, telephone number, 24-hour telephone number, and, as 

of June 21, 2004, the e-mail address (if 

an e-mail address exists) of the emergency contact; 

(7) For each covered process, the 

name and CAS number of each regulated substance held above the threshold quantity in the process, the maximum quantity of each regulated substance or mixture in the process (in 

pounds) to two significant digits, the 

five- or six-digit NAICS code that most 

closely corresponds to the process, and 

the Program level of the process; 

(8) The stationary source EPA identifier; 

(9) The number of full-time employees at the stationary source; 

(10) Whether the stationary source is 

subject to 29 CFR 1910.119; 

191 

Environmental Protection Agency § 68.170 

(11) Whether the stationary source is 

subject to 40 CFR part 355; 

(12) If the stationary source has a 

CAA Title V operating permit, the permit number; and 

(13) The date of the last safety inspection of the stationary source by a 

Federal, state, or local government 

agency and the identity of the inspecting entity. 

(14) As of June 21, 2004, the name, the 

mailing address, and the telephone 

number of the contractor who prepared 

the RMP (if any); 

(15) Source or Parent Company EMail Address (Optional); 

(16) Source Homepage address (Optional) 

(17) Phone number at the source for 

public inquiries (Optional); 

(18) Local Emergency Planning Committee (Optional); 

(19) OSHA Voluntary Protection Program status (Optional); 

(20) As of June 21, 2004, the type of 

and reason for any changes being made 

to a previously submitted RMP; the 

types of changes to RMP are categorized as follows: 

(i) Updates and re-submissions required under §68.190(b); 

(ii) Corrections under §68.195 or for 

purposes of correcting minor clerical 

errors, updating administrative information, providing missing data elements or reflecting facility ownership 

changes, and which do not require an 

update and re-submission as specified 

in §68.190(b); 

(iii) De-registrations required under 

§68.190(c); and 

(iv) Withdrawals of an RMP for any 

facility that was erroneously considered subject to this part 68. 

[61 FR 31726, June 20, 1996, as amended at 64 

FR 980, Jan. 6, 1999; 69 FR 18831, Apr. 9, 2004] 

§ 68.165 Offsite consequence analysis. 

(a) The owner or operator shall submit in the RMP information: 

(1) One worst-case release scenario 

for each Program 1 process; and 

(2) For Program 2 and 3 processes, 

one worst-case release scenario to represent all regulated toxic substances 

held above the threshold quantity and 

one worst-case release scenario to represent all regulated flammable substances held above the threshold quantity. If additional worst-case scenarios 

for toxics or flammables are required 

by §68.25(a)(2)(iii), the owner or operator shall submit the same information 

on the additional scenario(s). The 

owner or operator of Program 2 and 3 

processes shall also submit information 

on one alternative release scenario for 

each regulated toxic substance held 

above the threshold quantity and one 

alternative release scenario to represent all regulated flammable substances held above the threshold quantity. 

(b) The owner or operator shall submit the following data: 

(1) Chemical name; 

(2) Percentage weight of the chemical 

in a liquid mixture (toxics only); 

(3) Physical state (toxics only); 

(4) Basis of results (give model name 

if used); 

(5) Scenario (explosion, fire, toxic gas 

release, or liquid spill and evaporation); 

(6) Quantity released in pounds; 

(7) Release rate; 

(8) Release duration; 

(9) Wind speed and atmospheric stability class (toxics only); 

(10) Topography (toxics only); 

(11) Distance to endpoint; 

(12) Public and environmental receptors within the distance; 

(13) Passive mitigation considered; 

and 

(14) Active mitigation considered (alternative releases only); 

[61 FR 31726, June 20, 1996, as amended at 64 

FR 980, Jan. 6, 1999] 

§ 68.168 Five-year accident history. 

The owner or operator shall submit 

in the RMP the information provided 

in §68.42(b) on each accident covered by 

§68.42(a). 

§ 68.170 Prevention program/Program 

2. 

(a) For each Program 2 process, the 

owner or operator shall provide in the 

RMP the information indicated in 

paragraphs (b) through (k) of this section. If the same information applies to 

more than one covered process, the 

owner or operator may provide the information only once, but shall indicate 

to which processes the information applies. 

192 

§ 68.175 40 CFR Ch. I (7–1–13 Edition) 

(b) The five- or six-digit NAICS code 

that most closely corresponds to the 

process. 

(c) The name(s) of the chemical(s) 

covered. 

(d) The date of the most recent review or revision of the safety information and a list of Federal or state regulations or industry-specific design 

codes and standards used to demonstrate compliance with the safety information requirement. 

(e) The date of completion of the 

most recent hazard review or update. 

(1) The expected date of completion 

of any changes resulting from the hazard review; 

(2) Major hazards identified; 

(3) Process controls in use; 

(4) Mitigation systems in use; 

(5) Monitoring and detection systems 

in use; and 

(6) Changes since the last hazard review. 

(f) The date of the most recent review 

or revision of operating procedures. 

(g) The date of the most recent review or revision of training programs; 

(1) The type of training provided— 

classroom, classroom plus on the job, 

on the job; and 

(2) The type of competency testing 

used. 

(h) The date of the most recent review or revision of maintenance procedures and the date of the most recent 

equipment inspection or test and the 

equipment inspected or tested. 

(i) The date of the most recent compliance audit and the expected date of 

completion of any changes resulting 

from the compliance audit. 

(j) The date of the most recent incident investigation and the expected 

date of completion of any changes resulting from the investigation. 

(k) The date of the most recent 

change that triggered a review or revision of safety information, the hazard 

review, operating or maintenance procedures, or training. 

[61 FR 31726, June 20, 1996, as amended at 64 

FR 980, Jan. 6, 1999] 

§ 68.175 Prevention program/Program 

3. 

(a) For each Program 3 process, the 

owner or operator shall provide the information indicated in paragraphs (b) 

through (p) of this section. If the same 

information applies to more than one 

covered process, the owner or operator 

may provide the information only 

once, but shall indicate to which processes the information applies. 

(b) The five- or six-digit NAICS code 

that most closely corresponds to the 

process. 

(c) The name(s) of the substance(s) 

covered. 

(d) The date on which the safety information was last reviewed or revised. 

(e) The date of completion of the 

most recent PHA or update and the 

technique used. 

(1) The expected date of completion 

of any changes resulting from the PHA; 

(2) Major hazards identified; 

(3) Process controls in use; 

(4) Mitigation systems in use; 

(5) Monitoring and detection systems 

in use; and 

(6) Changes since the last PHA. 

(f) The date of the most recent review 

or revision of operating procedures. 

(g) The date of the most recent review or revision of training programs; 

(1) The type of training provided— 

classroom, classroom plus on the job, 

on the job; and 

(2) The type of competency testing 

used. 

(h) The date of the most recent review or revision of maintenance procedures and the date of the most recent 

equipment inspection or test and the 

equipment inspected or tested. 

(i) The date of the most recent 

change that triggered management of 

change procedures and the date of the 

most recent review or revision of management of change procedures. 

(j) The date of the most recent prestartup review. 

(k) The date of the most recent compliance audit and the expected date of 

completion of any changes resulting 

from the compliance audit; 

(l) The date of the most recent incident investigation and the expected 

date of completion of any changes resulting from the investigation; 

(m) The date of the most recent review or revision of employee participation plans; 

(n) The date of the most recent review or revision of hot work permit 

procedures; 

193 

Environmental Protection Agency § 68.195 

(o) The date of the most recent review or revision of contractor safety 

procedures; and 

(p) The date of the most recent evaluation of contractor safety performance. 

[61 FR 31726, June 20, 1996, as amended at 64 

FR 980, Jan. 6, 1999] 

§ 68.180 Emergency response program. 

(a) The owner or operator shall provide in the RMP the following information: 

(1) Do you have a written emergency 

response plan? 

(2) Does the plan include specific actions to be taken in response to an accidental releases of a regulated substance? 

(3) Does the plan include procedures 

for informing the public and local 

agencies responsible for responding to 

accidental releases? 

(4) Does the plan include information 

on emergency health care? 

(5) The date of the most recent review or update of the emergency response plan; 

(6) The date of the most recent emergency response training for employees. 

(b) The owner or operator shall provide the name and telephone number of 

the local agency with which emergency 

response activities and the emergency 

response plan is coordinated. 

(c) The owner or operator shall list 

other Federal or state emergency plan 

requirements to which the stationary 

source is subject. 

[61 FR 31726, June 20, 1996, as amended at 64 

FR 980, Jan. 6, 1999] 

§ 68.185 Certification. 

(a) For Program 1 processes, the 

owner or operator shall submit in the 

RMP the certification statement provided in §68.12(b)(4). 

(b) For all other covered processes, 

the owner or operator shall submit in 

the RMP a single certification that, to 

the best of the signer’s knowledge, information, and belief formed after reasonable inquiry, the information submitted is true, accurate, and complete. 

§ 68.190 Updates. 

(a) The owner or operator shall review and update the RMP as specified 

in paragraph (b) of this section and 

submit it in the method and format to 

the central point specified by EPA as 

of the date of submission. 

(b) The owner or operator of a stationary source shall revise and update 

the RMP submitted under §68.150 as 

follows: 

(1) At least once every five years 

from the date of its initial submission 

or most recent update required by 

paragraphs (b)(2) through (b)(7) of this 

section, whichever is later. For purposes of determining the date of initial 

submissions, RMPs submitted before 

June 21, 1999 are considered to have 

been submitted on that date. 

(2) No later than three years after a 

newly regulated substance is first listed by EPA; 

(3) No later than the date on which a 

new regulated substance is first 

present in an already covered process 

above a threshold quantity; 

(4) No later than the date on which a 

regulated substance is first present 

above a threshold quantity in a new 

process; 

(5) Within six months of a change 

that requires a revised PHA or hazard 

review; 

(6) Within six months of a change 

that requires a revised offsite consequence analysis as provided in §68.36; 

and 

(7) Within six months of a change 

that alters the Program level that applied to any covered process. 

(c) If a stationary source is no longer 

subject to this part, the owner or operator shall submit a de-registration to 

EPA within six months indicating that 

the stationary source is no longer covered. 

[61 FR 31726, June 20, 1996, as amended at 69 

FR 18832, Apr. 9, 2004] 

§ 68.195 Required corrections. 

The owner or operator of a stationary source for which a RMP was 

submitted shall correct the RMP as follows: 

(a) New accident history information—For any accidental release meeting the five-year accident history reporting criteria of §68.42 and occurring 

after April 9, 2004, the owner or operator shall submit the data required 

under §§68.168, 68.170(j), and 68.175(l) 

194 

§ 68.200 40 CFR Ch. I (7–1–13 Edition) 

with respect to that accident within 

six months of the release or by the 

time the RMP is updated under §68.190, 

whichever is earlier. 

(b) Emergency contact information— 

Beginning June 21, 2004, within one 

month of any change in the emergency 

contact information required under 

§68.160(b)(6), the owner or operator 

shall submit a correction of that information. 

[69 FR 18832, Apr. 9, 2004] 

Subpart H—Other Requirements 

SOURCE: 61 FR 31728, June 20, 1996, unless 

otherwise noted. 

§ 68.200 Recordkeeping. 

The owner or operator shall maintain 

records supporting the implementation 

of this part for five years unless otherwise provided in subpart D of this part. 

§ 68.210 Availability of information to 

the public. 

(a) The RMP required under subpart 

G of this part shall be available to the 

public under 42 U.S.C. 7414(c). 

(b) The disclosure of classified information by the Department of Defense 

or other Federal agencies or contractors of such agencies shall be controlled by applicable laws, regulations, 

or executive orders concerning the release of classified information. 

§ 68.215 Permit content and air permitting authority or designated 

agency requirements. 

(a) These requirements apply to any 

stationary source subject to this part 

68 and parts 70 or 71 of this chapter. 

The 40 CFR part 70 or part 71 permit for 

the stationary source shall contain: 

(1) A statement listing this part as 

an applicable requirement; 

(2) Conditions that require the source 

owner or operator to submit: 

(i) A compliance schedule for meeting the requirements of this part by 

the date provided in §68.10(a) or; 

(ii) As part of the compliance certification submitted under 40 CFR 

70.6(c)(5), a certification statement 

that the source is in compliance with 

all requirements of this part, including 

the registration and submission of the 

RMP. 

(b) The owner or operator shall submit any additional relevant information requested by the air permitting 

authority or designated agency. 

(c) For 40 CFR part 70 or part 71 permits issued prior to the deadline for 

registering and submitting the RMP 

and which do not contain permit conditions described in paragraph (a) of this 

section, the owner or operator or air 

permitting authority shall initiate permit revision or reopening according to 

the procedures of 40 CFR 70.7 or 71.7 to 

incorporate the terms and conditions 

consistent with paragraph (a) of this 

section. 

(d) The state may delegate the authority to implement and enforce the 

requirements of paragraph (e) of this 

section to a state or local agency or 

agencies other than the air permitting 

authority. An up-to-date copy of any 

delegation instrument shall be maintained by the air permitting authority. 

The state may enter a written agreement with the Administrator under 

which EPA will implement and enforce 

the requirements of paragraph (e) of 

this section. 

(e) The air permitting authority or 

the agency designated by delegation or 

agreement under paragraph (d) of this 

section shall, at a minimum: 

(1) Verify that the source owner or 

operator has registered and submitted 

an RMP or a revised plan when required by this part; 

(2) Verify that the source owner or 

operator has submitted a source certification or in its absence has submitted a compliance schedule consistent with paragraph (a)(2) of this 

section; 

(3) For some or all of the sources subject to this section, use one or more 

mechanisms such as, but not limited 

to, a completeness check, source audits, record reviews, or facility inspections to ensure that permitted sources 

are in compliance with the requirements of this part; and 

(4) Initiate enforcement action based 

on paragraphs (e)(1) and (e)(2) of this 

section as appropriate. 

195 

Environmental Protection Agency § 68.220 

§ 68.220 Audits. 

(a) In addition to inspections for the 

purpose of regulatory development and 

enforcement of the Act, the implementing agency shall periodically 

audit RMPs submitted under subpart G 

of this part to review the adequacy of 

such RMPs and require revisions of 

RMPs when necessary to ensure compliance with subpart G of this part. 

(b) The implementing agency shall 

select stationary sources for audits 

based on any of the following criteria: 

(1) Accident history of the stationary 

source; 

(2) Accident history of other stationary sources in the same industry; 

(3) Quantity of regulated substances 

present at the stationary source; 

(4) Location of the stationary source 

and its proximity to the public and environmental receptors; 

(5) The presence of specific regulated 

substances; 

(6) The hazards identified in the 

RMP; and 

(7) A plan providing for neutral, random oversight. 

(c) Exemption from audits. A stationary source with a Star or Merit 

ranking under OSHA’s voluntary protection program shall be exempt from 

audits under paragraph (b)(2) and (b)(7) 

of this section. 

(d) The implementing agency shall 

have access to the stationary source, 

supporting documentation, and any 

area where an accidental release could 

occur. 

(e) Based on the audit, the implementing agency may issue the owner 

or operator of a stationary source a 

written preliminary determination of 

necessary revisions to the stationary 

source’s RMP to ensure that the RMP 

meets the criteria of subpart G of this 

part. The preliminary determination 

shall include an explanation for the 

basis for the revisions, reflecting industry standards and guidelines (such as 

AIChE/CCPS guidelines and ASME and 

API standards) to the extent that such 

standards and guidelines are applicable, and shall include a timetable for 

their implementation. 

(f) Written response to a preliminary determination. (1) The owner or operator 

shall respond in writing to a preliminary determination made in accordance with paragraph (e) of this section. 

The response shall state the owner or 

operator will implement the revisions 

contained in the preliminary determination in accordance with the timetable included in the preliminary determination or shall state that the 

owner or operator rejects the revisions 

in whole or in part. For each rejected 

revision, the owner or operator shall 

explain the basis for rejecting such revision. Such explanation may include 

substitute revisions. 

(2) The written response under paragraph (f)(1) of this section shall be received by the implementing agency 

within 90 days of the issue of the preliminary determination or a shorter 

period of time as the implementing 

agency specifies in the preliminary determination as necessary to protect 

public health and the environment. 

Prior to the written response being due 

and upon written request from the 

owner or operator, the implementing 

agency may provide in writing additional time for the response to be received. 

(g) After providing the owner or operator an opportunity to respond under 

paragraph (f) of this section, the implementing agency may issue the owner 

or operator a written final determination of necessary revisions to the stationary source’s RMP. The final determination may adopt or modify the revisions contained in the preliminary 

determination under paragraph (e) of 

this section or may adopt or modify 

the substitute revisions provided in the 

response under paragraph (f) of this 

section. A final determination that 

adopts a revision rejected by the owner 

or operator shall include an explanation of the basis for the revision. A 

final determination that fails to adopt 

a substitute revision provided under 

paragraph (f) of this section shall include an explanation of the basis for 

finding such substitute revision unreasonable. 

(h) Thirty days after completion of 

the actions detailed in the implementation schedule set in the final determination under paragraph (g) of this 

section, the owner or operator shall be 

in violation of subpart G of this part 

and this section unless the owner or 

operator revises the RMP prepared 

196 

Pt. 68, App. A 40 CFR Ch. I (7–1–13 Edition) 

under subpart G of this part as required 

by the final determination, and submits the revised RMP as required 

under §68.150. 

(i) The public shall have access to the 

preliminary determinations, responses, 

and final determinations under this 

section in a manner consistent with 

§68.210. 

(j) Nothing in this section shall preclude, limit, or interfere in any way 

with the authority of EPA or the state 

to exercise its enforcement, investigatory, and information gathering authorities concerning this part under 

the Act. 

APPENDIX A TO PART 68—TABLE OF TOXIC ENDPOINTS

[As defined in § 68.22 of this part] 

CAS No. Chemical name Toxic endpoint (mg/L) 

107–02–8 ............. Acrolein [2-Propenal] ................................................................................................................ 0 .0011 

107–13–1 ............. Acrylonitrile [2-Propenenitrile] ................................................................................................... 0 .076 

814–68–6 ............. Acrylyl chloride [2-Propenoyl chloride] ..................................................................................... 0 .00090 

107–18–6 ............. Allyl alcohol [2-Propen-1-ol] ...................................................................................................... 0 .036 

107–11–9 ............. Allylamine [2-Propen-1-amine] ................................................................................................. 0 .0032 

7664–41–7 ........... Ammonia (anhydrous) .............................................................................................................. 0 .14 

7664–41–7 ........... Ammonia (conc 20% or greater) .............................................................................................. 0 .14 

7784–34–1 ........... Arsenous trichloride .................................................................................................................. 0 .010 

7784–42–1 ........... Arsine ........................................................................................................................................ 0 .0019 

10294–34–5 ......... Boron trichloride [Borane, trichloro-] ......................................................................................... 0 .010 

7637–07–2 ........... Boron trifluoride [Borane, trifluoro-] .......................................................................................... 0 .028 

353–42–4 ............. Boron trifluoride compound with methyl ether (1:1) [Boron, trifluoro[oxybis[methane]]-, T-4 .. 0 .023 

7726–95–6 ........... Bromine ..................................................................................................................................... 0 .0065 

75–15–0 ............... Carbon disulfide ........................................................................................................................ 0 .16 

7782–50–5 ........... Chlorine ..................................................................................................................................... 0 .0087 

10049–04–4 ......... Chlorine dioxide [Chlorine oxide (ClO2)] .................................................................................. 0 .0028 

67–66–3 ............... Chloroform [Methane, trichloro-] ............................................................................................... 0 .49 

542–88–1 ............. Chloromethyl ether [Methane, oxybis[chloro-] .......................................................................... 0 .00025 

107–30–2 ............. Chloromethyl methyl ether [Methane, chloromethoxy-] ............................................................ 0 .0018 

4170–30–3 ........... Crotonaldehyde [2-Butenal] ...................................................................................................... 0 .029 

123–73–9 ............. Crotonaldehyde, (E)-, [2-Butenal, (E)-] ..................................................................................... 0 .029 

506–77–4 ............. Cyanogen chloride .................................................................................................................... 0 .030 

108–91–8 ............. Cyclohexylamine [Cyclohexanamine] ....................................................................................... 0 .16 

19287–45–7 ......... Diborane ................................................................................................................................... 0 .0011 

75–78–5 ............... Dimethyldichlorosilane [Silane, dichlorodimethyl-] ................................................................... 0 .026 

57–14–7 ............... 1,1-Dimethylhydrazine [Hydrazine, 1,1-dimethyl-] .................................................................... 0 .012 

106–89–8 ............. Epichlorohydrin [Oxirane, (chloromethyl)-] ............................................................................... 0 .076 

107–15–3 ............. Ethylenediamine [1,2-Ethanediamine] ...................................................................................... 0 .49 

151–56–4 ............. Ethyleneimine [Aziridine] .......................................................................................................... 0 .018 

75–21–8 ............... Ethylene oxide [Oxirane] .......................................................................................................... 0 .090 

7782–41–4 ........... Fluorine ..................................................................................................................................... 0 .0039 

50–00–0 ............... Formaldehyde (solution) ........................................................................................................... 0 .012 

110–00–9 ............. Furan ......................................................................................................................................... 0 .0012 

302–01–2 ............. Hydrazine .................................................................................................................................. 0 .011 

7647–01–0 ........... Hydrochloric acid (conc 37% or greater) .................................................................................. 0 .030 

74–90–8 ............... Hydrocyanic acid ...................................................................................................................... 0 .011 

7647–01–0 ........... Hydrogen chloride (anhydrous) [Hydrochloric acid] ................................................................. 0 .030 

7664–39–3 ........... Hydrogen fluoride/Hydrofluoric acid (conc 50% or greater) [Hydrofluoric acid] ....................... 0 .016 

7783–07–5 ........... Hydrogen selenide .................................................................................................................... 0 .00066 

7783–06–4 ........... Hydrogen sulfide ....................................................................................................................... 0 .042 

13463–40–6 ......... Iron, pentacarbonyl- [Iron carbonyl (Fe(CO)5), (TB–5–11)-] .................................................... 0 .00044 

78–82–0 ............... Isobutyronitrile [Propanenitrile, 2-methyl-] ................................................................................ 0 .14 

108–23–6 ............. Isopropyl chloroformate [Carbonochloride acid, 1-methylethyl ester] ...................................... 0.10 

126–98–7 ............. Methacrylonitrile [2-Propenenitrile, 2-methyl-] .......................................................................... 0 .0027 

74–87–3 ............... Methyl chloride [Methane, chloro-] ........................................................................................... 0 .82 

79–22–1 ............... Methyl chloroformate [Carbonochloridic acid, methylester] ..................................................... 0 .0019 

60–34–4 ............... Methyl hydrazine [Hydrazine, methyl-] ..................................................................................... 0 .0094 

624–83–9 ............. Methyl isocyanate [Methane, isocyanato-] ............................................................................... 0 .0012 

74–93–1 ............... Methyl mercaptan [Methanethiol] ............................................................................................. 0 .049 

556–64–9 ............. Methyl thiocyanate [Thiocyanic acid, methyl ester] .................................................................. 0 .085 

75–79–6 ............... Methyltrichlorosilane [Silane, trichloromethyl-] ......................................................................... 0 .018 

13463–39–3 ......... Nickel carbonyl ......................................................................................................................... 0 .00067 

7697–37–2 ........... Nitric acid (conc 80% or greater) ............................................................................................. 0 .026 

10102–43–9 ......... Nitric oxide [Nitrogen oxide (NO)] ............................................................................................ 0 .031 

8014–95–7 ........... Oleum (Fuming Sulfuric acid) [Sulfuric acid, mixture with sulfur trioxide] ............................... 0 .010 

79–21–0 ............... Peracetic acid [Ethaneperoxoic acid] ....................................................................................... 0 .0045 

197 

Environmental Protection Agency § 69.11 

[As defined in § 68.22 of this part] 

CAS No. Chemical name Toxic endpoint (mg/L) 

594–42–3 ............. Perchloromethylmercaptan [Methanesulfenyl chloride, trichloro-] ............................................ 0 .0076 

75–44–5 ............... Phosgene [Carbonic dichloride] ................................................................................................ 0 .00081 

7803–51–2 ........... Phosphine ................................................................................................................................. 0 .0035 

10025–87–3 ......... Phosphorus oxychloride [Phosphoryl chloride] ........................................................................ 0 .0030 

7719–12–2 ........... Phosphorus trichloride [Phosphorous trichloride] ..................................................................... 0 .028 

110–89–4 ............. Piperidine .................................................................................................................................. 0 .022 

107–12–0 ............. Propionitrile [Propanenitrile] ...................................................................................................... 0 .0037 

109–61–5 ............. Propyl chloroformate [Carbonochloridic acid, propylester] ....................................................... 0 .010 

75–55–8 ............... Propyleneimine [Aziridine, 2-methyl-] ....................................................................................... 0 .12 

75–56–9 ............... Propylene oxide [Oxirane, methyl-] .......................................................................................... 0 .59 

7446–09–5 ........... Sulfur dioxide (anhydrous) ........................................................................................................ 0 .0078 

7783–60–0 ........... Sulfur tetrafluoride [Sulfur fluoride (SF4), (T-4)-] ..................................................................... 0 .0092 

7446–11–9 ........... Sulfur trioxide ............................................................................................................................ 0 .010 

75–74–1 ............... Tetramethyllead [Plumbane, tetramethyl-] ................................................................................ 0 .0040 

509–14–8 ............. Tetranitromethane [Methane, tetranitro-] .................................................................................. 0 .0040 

7750–45–0 ........... Titanium tetrachloride [Titanium chloride (TiCl4) (T-4)-] .......................................................... 0 .020 

584–84–9 ............. Toluene 2,4-diisocyanate [Benzene, 2,4-diisocyanato-1-methyl-] ............................................ 0 .0070 

91–08–7 ............... Toluene 2,6-diisocyanate [Benzene, 1,3-diisocyanato-2-methyl-] ............................................ 0 .0070 

26471–62–5 ......... Toluene diisocyanate (unspecified isomer) [Benzene, 1,3-diisocyanatomethyl-] ..................... 0 .0070 

75–77–4 ............... Trimethylchlorosilane [Silane, chlorotrimethyl-] ........................................................................ 0 .050 

108–05–4 ............. Vinyl acetate monomer [Acetic acid ethenyl ester] .................................................................. 0 .26 

[61 FR 31729, June 20, 1996, as amended at 62 FR 45132, Aug. 25, 1997] 

PART 69—SPECIAL EXEMPTIONS 

FROM REQUIREMENTS OF THE 

CLEAN AIR ACT 

Subpart A—Guam 

Sec. 

69.11 New exemptions. 

69.12 Continuing exemptions. 

69.13 Title V conditional exemption. 

Subpart B—American Samoa 

69.21 New exemptions. [Reserved] 

69.22 Title V conditional exemption. 

Subpart C—Commonwealth of the 

Northern Mariana Islands 

69.31 New exemptions. [Reserved] 

69.32 Title V conditional exemption. 

Subpart D—The U.S. Virgin Islands 

69.41 New exemptions. 

Subpart E—Alaska 

69.51 Motor vehicle diesel fuel. 

69.52 Non-motor vehicle diesel fuel. 

AUTHORITY: 42 U.S.C. 7545(c), (g) and (i), 

and 7625–1. 

SOURCE: 50 FR 25577, June 20, 1985, unless 

otherwise noted. 

Subpart A—Guam 

§ 69.11 New exemptions. 

(a) Pursuant to section 325(a) of the 

Clean Air Act (‘‘CAA’’) and a petition 

submitted by the Governor of Guam 

(‘‘Petition’’), the Administrator of the 

Environmental Protection Agency 

(‘‘EPA’’) conditionally exempts electric generating units on Guam from 

certain CAA requirements. 

(1) A waiver of the requirement to obtain a prevention of significant deterioration (‘‘PSD’’) permit prior to construction is granted for the electric 

generating units identified in the Petition as Cabras Diesel No. 1, the Tenjo 

project, and three 6-megawatt diesel 

generators to be constructed at Orote, 

with the following conditions: 

(i) Each electric generating unit 

shall not be operated until a final PSD 

permit is issued for that unit; 

(ii) Each electric generating unit 

shall not be operated until that unit 

complies with all requirements of its 

PSD permit, including, if necessary, 

retrofitting with the best available 

control technology (‘‘BACT’’); 

(iii) The PSD application for each 

electric generating unit shall be 

deemed complete without the submittal of the required one year of onsite meteorological data, however, EPA