Code of Federal Regulations (alpha)

CFR /  Title 40  /  Part 68  /  Sec. 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 Sec. Sec. 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 Sec. 68.10(b), shall:

(1) Analyze the worst-case release scenario for the process(es), as provided in Sec. 68.25; document that the nearest public receptor is beyond the distance to a toxic or flammable endpoint defined in Sec. 68.22(a); and submit in the RMP the worst-case release scenario as provided in Sec. 68.165;

(2) Complete the five-year accident history for the process as provided in Sec. 68.42 of this part and submit it in the RMP as provided in Sec. 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 Sec. 68.10(c), shall:

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

(2) Conduct a hazard assessment as provided in Sec. Sec. 68.20 through 68.42;

(3) Implement the Program 2 prevention steps provided in Sec. Sec. 68.48 through 68.60 or implement the Program 3 prevention steps provided in Sec. Sec. 68.65 through 68.87;

(4) Develop and implement an emergency response program as provided in Sec. Sec. 68.90 to 68.95; and

(5) Submit as part of the RMP the data on prevention program elements for Program 2 processes as provided in Sec. 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 Sec. 68.10(d) shall:

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

(2) Conduct a hazard assessment as provided in Sec. Sec. 68.20 through 68.42;

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

(4) Develop and implement an emergency response program as provided in Sec. Sec. 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 Sec. 68.175. [61 FR 31718, June 20, 1996]