Appendix A 40 CFR part 68
Pt. 67, App. A 40 CFR Ch. I (7–1–99 Edition)
local agent, any noncompliance pen 68.56 Maintenance. alties owed by the source owner or op 68.58 Compliance audits. erator shall be paid to the State or 68.60 Incident investigation. local agent. Subpart D—Program 3 Prevention Program APPENDIX A TO PART 67—TECHNICAL 68.65 Process safety information. SUPPORT DOCUMENT 68.67 Process hazard analysis. NOTE: EPA will make copies of appendix A 68.69 Operating procedures. available from: Director, Stationary Source 68.71 Training. Compliance Division, EN–341, 401 M Street, 68.73 Mechanical integrity. SW., Washington, DC 20460. 68.75 Management of change. 68.77 Pre-startup review. [54 FR 25259, June 20, 1989] 68.79 Compliance audits. 68.81 Incident investigation. APPENDIX B TO PART 67—INSTRUCTION 68.83 Employee participation. MANUAL 68.85 Hot work permit. 68.87 Contractors. NOTE: EPA will make copies of appendix B available from: Director, Stationary Source Compliance Division, EN–341, 401 M Street, Subpart E—Emergency Response SW., Washington, DC 20460. 68.90 Applicability. [54 FR 25259, June 20, 1989] 68.95 Emergency response program.
APPENDIX C TO PART 67—COMPUTER Subpart F—Regulated Substances for PROGRAM Accidental Release Prevention
NOTE: EPA will make copies of appendix C 68.100 Purpose. available from: Director, Stationary Source 68.115 Threshold determination. Compliance Division, EN–341, 401 M Street, 68.120 Petition process. SW., Washington, DC 20460. 68.125 Exemptions. [54 FR 25259, June 20, 1989] 68.130 List of substances. Subpart G—Risk Management Plan PART 68—CHEMICAL ACCIDENT PREVENTION PROVISIONS 68.150 Submission. 68.151 Assertion of claims of confidential Subpart A—General business information. 68.152 Substantiating claims of confidential Sec. business information. 68.1 Scope. 68.155 Executive summary. 68.2 Stayed provisions. 68.160 Registration. 68.3 Definitions. 68.165 Offsite consequence analysis. 68.10 Applicability. 68.168 Five-year accident history. 68.12 General requirements. 68.170 Prevention program/Program 2. 68.15 Management. 68.175 Prevention program/Program 3. 68.180 Emergency response program. Subpart B—Hazard Assessment 68.185 Certification. 68.190 Updates. 68.20 Applicability. 68.22 Offsite consequence analysis param Subpart H—Other Requirements eters. 68.25 Worst-case release scenario analysis. 68.200 Recordkeeping. 68.28 Alternative release scenario analysis. 68.210 Availability of information to the 68.30 Defining offsite impacts—population. public. 68.33 Defining offsite impacts—environ 68.215 Permit content and air permitting ment. authority or designated agency require 68.36 Review and update. ments. 68.39 Documentation. 68.220 Audits. 68.42 Five-year accident history. APPENDIX A TO PART 68—TABLE OF TOXIC Subpart C—Program 2 Prevention Program ENDPOINTS AUTHORITY: 42 U.S.C. 7412(r), 7601(a)(1), 68.48 Safety information. 7661–7661f. 68.50 Hazard review. 68.52 Operating procedures. SOURCE: 59 FR 4493, Jan. 31, 1994, unless 68.54 Training. otherwise noted.
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Subpart A—General tection Association, 1 Batterymarch Park, Quincy, MA 02269–9101; and § 68.1 Scope. (3) Section 68.130(a). (b) From March 2, 1994 to December This part sets forth the list of regu 22, 1997, the following definitions shall lated substances and thresholds, the apply to the stayed provisions de petition process for adding or deleting scribed in paragraph (a) of this section: substances to the list of regulated sub Condensate means hydrocarbon liquid stances, the requirements for owners or separated from natural gas that con operators of stationary sources con denses because of changes in tempera cerning the prevention of accidental ture, pressure, or both, and remains releases, and the State accidental re liquid at standard conditions. lease prevention programs approved Crude oil means any naturally occur under section 112(r). The list of sub ring, unrefined petroleum liquid. stances, threshold quantities, and acci Field gas means gas extracted from a dent prevention regulations promul production well before the gas enters a gated under this part do not limit in natural gas processing plant. any way the general duty provisions Natural gas processing plant means under section 112(r)(1). any processing site engaged in the ex § 68.2 Stayed provisions. traction of natural gas liquids from field gas, fractionation of natural gas (a) Notwithstanding any other provi liquids to natural gas products, or sion of this part, the effectiveness of both. A separator, dehydration unit, the following provisions is stayed from heater treater, sweetening unit, com March 2, 1994 to December 22, 1997. pressor, or similar equipment shall not (1) In Sec. 68.3, the definition of ‘‘sta be considered a ‘‘processing site’’ un tionary source,’’ to the extent that less such equipment is physically lo such definition includes naturally oc cated within a natural gas processing curring hydrocarbon reservoirs or plant (gas plant) site. transportation subject to oversight or Petroleum refining process unit means regulation under a state natural gas or a process unit used in an establishment hazardous liquid program for which the primarily engaged in petroleum refin state has in effect a certification to ing as defined in the Standard Indus DOT under 49 U.S.C. 60105; trial Classification code for petroleum (2) Section 68.115(b)(2) of this part, to refining (2911) and used for the fol the extent that such provision requires lowing: Producing transportation fuels an owner or operator to treat as a regu (such as gasoline, diesel fuels, and jet lated flammable substance: fuels), heating fuels (such as kerosene, (i) Gasoline, when in distribution or fuel gas distillate, and fuel oils), or lu related storage for use as fuel for inter bricants; separating petroleum; or sep nal combustion engines; arating, cracking, reacting, or reform (ii) Naturally occurring hydrocarbon ing intermediate petroleum streams. mixtures prior to entry into a petro Examples of such units include, but are leum refining process unit or a natural not limited to, petroleum based solvent gas processing plant. Naturally occur units, alkylation units, catalytic ring hydrocarbon mixtures include any hydrotreating, catalytic hydrorefining, of the following: condensate, crude oil, catalytic hydrocracking, catalytic re field gas, and produced water, each as forming, catalytic cracking, crude dis defined in paragraph (b) of this section; tillation, lube oil processing, hydrogen (iii) Other mixtures that contain a production, isomerization, polymeriza regulated flammable substance and tion, thermal processes, and blending, that do not have a National Fire Pro sweetening, and treating processes. Pe tection Association flammability haz troleum refining process units include ard rating of 4, the definition of which sulfur plants. is in the NFPA 704, Standard System Produced water means water ex for the Identification of the Fire Haz tracted from the earth from an oil or ards of Materials, National Fire Pro natural gas production well, or that is tection Association, Quincy, MA, 1990, separated from oil or natural gas after available from the National Fire Pro extraction.
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(c) Notwithstanding any other provi Classified Information Procedures Act, sion of this part, the effectiveness of 18 U.S.C. App. 3, section 1(a) as ‘‘any part 68 is stayed from June 21, 1999 to information or material that has been December 21, 1999 with respect to regu determined by the United States Gov lated flammable hydrocarbon sub ernment pursuant to an executive stances when the substance is intended order, statute, or regulation, to require for use as a fuel and does not exceed protection against unauthorized disclo 67,000 pounds in a process that is not sure for reasons of national security.’’ manufacturing the fuel, does not con Condensate means hydrocarbon liquid tain greater than a threshold quantity separated from natural gas that con of another regulated substance, and is denses due to changes in temperature, not collocated or interconnected to an pressure, or both, and remains liquid at other covered process. standard conditions. [59 FR 4493, Jan. 31, 1994, as amended at 61 Covered process means a process that FR 31731, June 20, 1996; 64 FR 29170, May 28, has a regulated substance present in 1999] more than a threshold quantity as de termined under § 68.115. § 68.3 Definitions. Crude oil means any naturally occur For the purposes of this part: ring, unrefined petroleum liquid. Accidental release means an unantici Designated agency means the state, pated emission of a regulated sub local, or Federal agency designated by stance or other extremely hazardous the state under the provisions of substance into the ambient air from a § 68.215(d) . stationary source. DOT means the United States De Act means the Clean Air Act as partment of Transportation. amended (42 U.S.C. 7401 et seq.) Environmental receptor means natural Administrative controls mean written areas such as national or state parks, procedural mechanisms used for hazard forests, or monuments; officially des control. ignated wildlife sanctuaries, preserves, Administrator means the adminis refuges, or areas; and Federal wilder trator of the U.S. Environmental Pro ness areas, that could be exposed at tection Agency. any time to toxic concentrations, radi AIChE/CCPS means the American In ant heat, or overpressure greater than stitute of Chemical Engineers/Center or equal to the endpoints provided in for Chemical Process Safety. § 68.22(a) , as a result of an accidental API means the American Petroleum release and that can be identified on Institute. local U. S. Geological Survey maps. Article means a manufactured item, as defined under 29 CFR 1910.1200(b), Field gas means gas extracted from a that is formed to a specific shape or de production well before the gas enters a sign during manufacture, that has end natural gas processing plant. use functions dependent in whole or in Hot work means work involving elec part upon the shape or design during tric or gas welding, cutting, brazing, or end use, and that does not release or similar flame or spark-producing oper otherwise result in exposure to a regu ations. lated substance under normal condi Implementing agency means the state tions of processing and use. or local agency that obtains delegation ASME means the American Society for an accidental release prevention of Mechanical Engineers. program under subpart E, 40 CFR part CAS means the Chemical Abstracts 63. The implementing agency may, but Service. is not required to, be the state or local Catastrophic release means a major air permitting agency. If no state or uncontrolled emission, fire, or explo local agency is granted delegation, sion, involving one or more regulated EPA will be the implementing agency substances that presents imminent and for that state. substantial endangerment to public Injury means any effect on a human health and the environment. that results either from direct expo Classified information means ‘‘classi sure to toxic concentrations; radiant fied information’’ as defined in the heat; or overpressures from accidental
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releases or from the direct con OSHA means the U.S. Occupational sequences of a vapor cloud explosion Safety and Health Administration. (such as flying glass, debris, and other Owner or operator means any person projectiles) from an accidental release who owns, leases, operates, controls, or and that requires medical treatment or supervises a stationary source. hospitalization. Petroleum refining process unit means Major change means introduction of a a process unit used in an establishment new process, process equipment, or reg primarily engaged in petroleum refin ulated substance, an alteration of proc ing as defined in NAICS code 32411 for ess chemistry that results in any petroleum refining (formerly SIC code change to safe operating limits, or 2911) and used for the following: Pro other alteration that introduces a new ducing transportation fuels (such as hazard. gasoline, diesel fuels, and jet fuels), Mechanical integrity means the proc heating fuels (such as kerosene, fuel ess of ensuring that process equipment gas distillate, and fuel oils), or lubri is fabricated from the proper materials cants; Separating petroleum; or Sepa of construction and is properly in rating, cracking, reacting, or reform stalled, maintained, and replaced to ing intermediate petroleum streams. prevent failures and accidental re Examples of such units include, but are leases. not limited to, petroleum based solvent units, alkylation units, catalytic Medical treatment means treatment, hydrotreating, catalytic hydrorefining, other than first aid, administered by a catalytic hydrocracking, catalytic re physician or registered professional forming, catalytic cracking, crude dis personnel under standing orders from a tillation, lube oil processing, hydrogen physician. production, isomerization, polymeriza Mitigation or mitigation system means tion, thermal processes, and blending, specific activities, technologies, or sweetening, and treating processes. Pe equipment designed or deployed to cap troleum refining process units include ture or control substances upon loss of sulfur plants. containment to minimize exposure of Population means the public. the public or the environment. Passive Process means any activity involving mitigation means equipment, devices, a regulated substance including any or technologies that function without use, storage, manufacturing, handling, human, mechanical, or other energy or on-site movement of such sub input. Active mitigation means equip stances, or combination of these activi ment, devices, or technologies that ties. For the purposes of this defini need human, mechanical, or other en tion, any group of vessels that are ergy input to function. interconnected, or separate vessels NAICS means North American Indus that are located such that a regulated try Classification System. substance could be involved in a poten NFPA means the National Fire Pro tial release, shall be considered a sin tection Association. gle process. Natural gas processing plant (gas plant) Produced water means water ex means any processing site engaged in tracted from the earth from an oil or the extraction of natural gas liquids natural gas production well, or that is from field gas, fractionation of mixed separated from oil or natural gas after natural gas liquids to natural gas prod extraction. ucts, or both, classified as North Amer Public means any person except em ican Industrial Classification System ployees or contractors at the sta (NAICS) code 211112 (previously Stand tionary source. ard Industrial Classification (SIC) code Public receptor means offsite resi 1321). dences, institutions (e.g., schools, hos Offsite means areas beyond the prop pitals), industrial, commercial, and of erty boundary of the stationary source, fice buildings, parks, or recreational and areas within the property bound areas inhabited or occupied by the pub ary to which the public has routine and lic at any time without restriction by unrestricted access during or outside the stationary source where members business hours. of the public could be exposed to toxic
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concentrations, radiant heat, or over Vessel means any reactor, tank, pressure, as a result of an accidental drum, barrel, cylinder, vat, kettle, release. boiler, pipe, hose, or other container. Regulated substance is any substance Worst-case release means the release listed pursuant to section 112(r)(3) of of the largest quantity of a regulated the Clean Air Act as amended, in substance from a vessel or process line § 68.130. failure that results in the greatest dis Replacement in kind means a replace tance to an endpoint defined in ment that satisfies the design speci § 68.22(a). fications. RMP means the risk management [59 FR 4493, Jan. 31, 1994, as amended at 61 FR 31717, June 20, 1996; 63 FR 644, Jan. 6, 1998; plan required under subpart G of this 64 FR 979, Jan. 6, 1999] part. Stationary source means any build § 68.10 Applicability. ings, structures, equipment, installa tions, or substance emitting stationary (a) An owner or operator of a sta activities which belong to the same in tionary source that has more than a dustrial group, which are located on threshold quantity of a regulated sub one or more contiguous properties, stance in a process, as determined which are under the control of the under § 68.115, shall comply with the re same person (or persons under common quirements of this part no later than control), and from which an accidental the latest of the following dates: release may occur. The term sta (1) June 21, 1999; tionary source does not apply to trans (2) Three years after the date on portation, including storage incident which a regulated substance is first to transportation, of any regulated listed under § 68.130; or substance or any other extremely haz (3) The date on which a regulated ardous substance under the provisions substance is first present above a of this part. A stationary source in threshold quantity in a process. cludes transportation containers used (b) Program 1 eligibility require for storage not incident to transpor ments. A covered process is eligible for tation and transportation containers Program 1 requirements as provided in connected to equipment at a stationary § 68.12(b) if it meets all of the following source for loading or unloading. Trans requirements: portation includes, but is not limited (1) For the five years prior to the to, transportation subject to oversight submission of an RMP, the process has or regulation under 49 CFR parts 192, not had an accidental release of a regu 193, or 195, or a state natural gas or lated substance where exposure to the hazardous liquid program for which the substance, its reaction products, over state has in effect a certification to pressure generated by an explosion in DOT under 49 U.S.C. section 60105. A volving the substance, or radiant heat stationary source does not include nat generated by a fire involving the sub urally occurring hydrocarbon res stance led to any of the following off- ervoirs. Properties shall not be consid site: ered contiguous solely because of a (i) Death; railroad or pipeline right-of-way. (ii) Injury; or Threshold quantity means the quan (iii) Response or restoration activi tity specified for regulated substances ties for an exposure of an environ pursuant to section 112(r)(5) of the mental receptor; Clean Air Act as amended, listed in (2) The distance to a toxic or flam § 68.130 and determined to be present at mable endpoint for a worst-case release a stationary source as specified in assessment conducted under Subpart B § 68.115 of this part. and § 68.25 is less than the distance to Typical meteorological conditions any public receptor, as defined in means the temperature, wind speed, § 68.30; and cloud cover, and atmospheric stability (3) Emergency response procedures class, prevailing at the site based on have been coordinated between the sta data gathered at or near the site or tionary source and local emergency from a local meteorological station. planning and response organizations.
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(c) Program 2 eligibility require (3) Ensure that response actions have ments. A covered process is subject to been coordinated with local emergency Program 2 requirements if it does not planning and response agencies; and meet the eligibility requirements of ei (4) Certify in the RMP the following: ther paragraph (b) or paragraph (d) of ‘‘Based on the criteria in 40 CFR 68.10, this section. the distance to the specified endpoint (d) Program 3 eligibility require for the worst-case accidental release ments. A covered process is subject to scenario for the following process(es) is Program 3 if the process does not meet less than the distance to the nearest the requirements of paragraph (b) of public receptor: [list process(es)]. With this section, and if either of the fol in the past five years, the process(es) lowing conditions is met: has (have) had no accidental release (1) The process is in NAICS code that caused offsite impacts provided in 32211, 32411, 32511, 325181, 325188, 325192, the risk management program rule (40 325199, 325211, 325311, or 32532; or CFR 68.10(b)(1)). No additional meas (2) The process is subject to the ures are necessary to prevent offsite OSHA process safety management impacts from accidental releases. In standard, 29 CFR 1910.119. the event of fire, explosion, or a release (e) If at any time a covered process of a regulated substance from the proc no longer meets the eligibility criteria ess(es), entry within the distance to of its Program level, the owner or oper the specified endpoints may pose a dan ator shall comply with the require ger to public emergency responders. ments of the new Program level that Therefore, public emergency respond applies to the process and update the ers should not enter this area except as RMP as provided in § 68.190. arranged with the emergency contact (f) The provisions of this part shall indicated in the RMP. The undersigned not apply to an Outer Continental certifies that, to the best of my knowl Shelf (‘‘OCS’’) source, as defined in 40 edge, information, and belief, formed CFR 55.2. after reasonable inquiry, the informa tion submitted is true, accurate, and [61 FR 31717, June 20, 1996, as amended at 63 complete. [Signature, title, date FR 645, Jan. 6, 1998; 64 FR 979, Jan. 6, 1999] signed].’’ (c) Program 2 requirements. In addi § 68.12 General requirements. tion to meeting the requirements of (a) General requirements. The owner paragraph (a) of this section, the owner or operator of a stationary source sub or operator of a stationary source with ject to this part shall submit a single a process subject to Program 2, as pro RMP, as provided in §§ 68.150 to 68.185. vided in § 68.10(c), shall: The RMP shall include a registration (1) Develop and implement a manage that reflects all covered processes. ment system as provided in § 68.15; (b) Program 1 requirements. In addi (2) Conduct a hazard assessment as tion to meeting the requirements of provided in §§ 68.20 through 68.42; paragraph (a) of this section, the owner (3) Implement the Program 2 preven or operator of a stationary source with tion steps provided in §§ 68.48 through a process eligible for Program 1, as pro 68.60 or implement the Program 3 pre vided in § 68.10(b), shall: vention steps provided in §§ 68.65 (1) Analyze the worst-case release through 68.87; scenario for the process(es), as provided (4) Develop and implement an emer in § 68.25; document that the nearest gency response program as provided in public receptor is beyond the distance §§ 68.90 to 68.95; and to a toxic or flammable endpoint de (5) Submit as part of the RMP the fined in § 68.22(a); and submit in the data on prevention program elements RMP the worst-case release scenario as for Program 2 processes as provided in provided in § 68.165; § 68.170. (2) Complete the five-year accident (d) Program 3 requirements. In addi history for the process as provided in tion to meeting the requirements of § 68.42 of this part and submit it in the paragraph (a) of this section, the owner RMP as provided in § 68.168; or operator of a stationary source with
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a process subject to Program 3, as pro § 68.22 Offsite consequence analysis vided in § 68.10(d) shall: parameters. (1) Develop and implement a manage (a) Endpoints. For analyses of offsite ment system as provided in § 68.15; consequences, the following endpoints (2) Conduct a hazard assessment as shall be used: provided in §§ 68.20 through 68.42; (1) Toxics. The toxic endpoints pro (3) Implement the prevention re vided in appendix A of this part. quirements of §§ 68.65 through 68.87; (2) Flammables. The endpoints for (4) Develop and implement an emer flammables vary according to the sce gency response program as provided in narios studied: §§ 68.90 to 68.95 of this part; and (i) Explosion. An overpressure of 1 (5) Submit as part of the RMP the psi. data on prevention program elements (ii) Radiant heat/exposure time. A ra for Program 3 processes as provided in diant heat of 5 kw/m2 for 40 seconds. § 68.175. (iii) Lower flammability limit. A [61 FR 31718, June 20, 1996] lower flammability limit as provided in NFPA documents or other generally § 68.15 Management. recognized sources. (a) The owner or operator of a sta (b) Wind speed/atmospheric stability tionary source with processes subject class. For the worst-case release anal to Program 2 or Program 3 shall de ysis, the owner or operator shall use a velop a management system to oversee wind speed of 1.5 meters per second and the implementation of the risk man F atmospheric stability class. If the agement program elements. owner or operator can demonstrate (b) The owner or operator shall as that local meteorological data applica sign a qualified person or position that ble to the stationary source show a has the overall responsibility for the higher minimum wind speed or less sta development, implementation, and in ble atmosphere at all times during the tegration of the risk management pro previous three years, these minimums gram elements. may be used. For analysis of alter (c) When responsibility for imple native scenarios, the owner or operator menting individual requirements of may use the typical meteorological this part is assigned to persons other conditions for the stationary source. than the person identified under para (c) Ambient temperature/humidity. graph (b) of this section, the names or For worst-case release analysis of a positions of these people shall be docu regulated toxic substance, the owner or mented and the lines of authority de operator shall use the highest daily fined through an organization chart or maximum temperature in the previous similar document. three years and average humidity for the site, based on temperature/humid [61 FR 31718, June 20, 1996] ity data gathered at the stationary source or at a local meteorological sta Subpart B—Hazard Assessment tion; an owner or operator using the RMP Offsite Consequence Analysis SOURCE: 61 FR 31718, June 20, 1996, unless Guidance may use 25 °C and 50 percent otherwise noted. humidity as values for these variables. For analysis of alternative scenarios, § 68.20 Applicability. the owner or operator may use typical The owner or operator of a sta temperature/humidity data gathered at tionary source subject to this part the stationary source or at a local me shall prepare a worst-case release sce teorological station. nario analysis as provided in § 68.25 of (d) Height of release. The worst-case this part and complete the five-year release of a regulated toxic substance accident history as provided in § 68.42. shall be analyzed assuming a ground The owner or operator of a Program 2 level (0 feet) release. For an alternative and 3 process must comply with all sec scenario analysis of a regulated toxic tions in this subpart for these proc substance, release height may be deter esses. mined by the release scenario.
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(e) Surface roughness. The owner or case release scenario developed under operator shall use either urban or rural paragraphs (a)(2)(i) or (a)(2)(ii) of this topography, as appropriate. Urban section. means that there are many obstacles in (b) Determination of worst-case release the immediate area; obstacles include quantity. The worst-case release quan buildings or trees. Rural means there tity shall be the greater of the fol are no buildings in the immediate area lowing: and the terrain is generally flat and (1) For substances in a vessel, the unobstructed. greatest amount held in a single vessel, (f) Dense or neutrally buoyant gases. taking into account administrative The owner or operator shall ensure controls that limit the maximum quan that tables or models used for disper tity; or sion analysis of regulated toxic sub (2) For substances in pipes, the great stances appropriately account for gas est amount in a pipe, taking into ac density. count administrative controls that (g) Temperature of released sub limit the maximum quantity. stance. For worst case, liquids other (c) Worst-case release scenario—toxic than gases liquified by refrigeration gases. (1) For regulated toxic sub only shall be considered to be released stances that are normally gases at am at the highest daily maximum tem bient temperature and handled as a gas perature, based on data for the pre or as a liquid under pressure, the owner vious three years appropriate for the or operator shall assume that the stationary source, or at process tem quantity in the vessel or pipe, as deter perature, whichever is higher. For al mined under paragraph (b) of this sec ternative scenarios, substances may be tion, is released as a gas over 10 min considered to be released at a process utes. The release rate shall be assumed or ambient temperature that is appro to be the total quantity divided by 10 priate for the scenario. unless passive mitigation systems are in place. § 68.25 Worst-case release scenario (2) For gases handled as refrigerated analysis. liquids at ambient pressure: (a) The owner or operator shall ana (i) If the released substance is not lyze and report in the RMP: contained by passive mitigation sys (1) For Program 1 processes, one tems or if the contained pool would worst-case release scenario for each have a depth of 1 cm or less, the owner Program 1 process; or operator shall assume that the sub (2) For Program 2 and 3 processes: stance is released as a gas in 10 min (i) One worst-case release scenario utes; that is estimated to create the greatest (ii) If the released substance is con distance in any direction to an end tained by passive mitigation systems point provided in appendix A of this in a pool with a depth greater than 1 part resulting from an accidental re cm, the owner or operator may assume lease of regulated toxic substances that the quantity in the vessel or pipe, from covered processes under worst- as determined under paragraph (b) of case conditions defined in § 68.22; this section, is spilled instantaneously (ii) One worst-case release scenario to form a liquid pool. The volatiliza that is estimated to create the greatest tion rate (release rate) shall be cal distance in any direction to an end culated at the boiling point of the sub point defined in § 68.22(a) resulting from stance and at the conditions specified an accidental release of regulated flam in paragraph (d) of this section. mable substances from covered proc (d) Worst-case release scenario—toxic esses under worst-case conditions de liquids. (1) For regulated toxic sub fined in § 68.22; and stances that are normally liquids at (iii) Additional worst-case release ambient temperature, the owner or op scenarios for a hazard class if a worst- erator shall assume that the quantity case release from another covered proc in the vessel or pipe, as determined ess at the stationary source potentially under paragraph (b) of this section, is affects public receptors different from spilled instantaneously to form a liquid those potentially affected by the worst pool.
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(i) The surface area of the pool shall utes. The total quantity shall be as be determined by assuming that the sumed to be involved in the vapor liquid spreads to 1 centimeter deep un cloud explosion. less passive mitigation systems are in (2) For flammable gases handled as place that serve to contain the spill refrigerated liquids at ambient pres and limit the surface area. Where pas sure: sive mitigation is in place, the surface (i) If the released substance is not area of the contained liquid shall be contained by passive mitigation sys used to calculate the volatilization tems or if the contained pool would rate. have a depth of one centimeter or less, (ii) If the release would occur onto a the owner or operator shall assume surface that is not paved or smooth, that the total quantity of the sub the owner or operator may take into stance is released as a gas in 10 min account the actual surface characteris utes, and the total quantity will be in tics. volved in the vapor cloud explosion. (2) The volatilization rate shall ac (ii) If the released substance is con count for the highest daily maximum tained by passive mitigation systems temperature occurring in the past in a pool with a depth greater than 1 three years, the temperature of the centimeter, the owner or operator may substance in the vessel, and the con assume that the quantity in the vessel centration of the substance if the liq or pipe, as determined under paragraph uid spilled is a mixture or solution. (b) of this section, is spilled instanta (3) The rate of release to air shall be neously to form a liquid pool. The vola determined from the volatilization rate tilization rate (release rate) shall be of the liquid pool. The owner or oper calculated at the boiling point of the ator may use the methodology in the substance and at the conditions speci RMP Offsite Consequence Analysis fied in paragraph (d) of this section. Guidance or any other publicly avail The owner or operator shall assume able techniques that account for the that the quantity which becomes vapor modeling conditions and are recognized in the first 10 minutes is involved in by industry as applicable as part of the vapor cloud explosion. current practices. Proprietary models (f) Worst-case release scenario—flam that account for the modeling condi mable liquids. The owner or operator tions may be used provided the owner shall assume that the quantity of the or operator allows the implementing substance, as determined under para agency access to the model and de graph (b) of this section and the provi scribes model features and differences sions below, vaporizes resulting in a from publicly available models to local vapor cloud explosion. A yield factor of emergency planners upon request. 10 percent of the available energy re (e) Worst-case release scenario—flam leased in the explosion shall be used to mable gases. The owner or operator determine the distance to the explosion shall assume that the quantity of the endpoint if the model used is based on substance, as determined under para TNT equivalent methods. graph (b) of this section and the provi (1) For regulated flammable sub sions below, vaporizes resulting in a stances that are normally liquids at vapor cloud explosion. A yield factor of ambient temperature, the owner or op 10 percent of the available energy re erator shall assume that the entire leased in the explosion shall be used to quantity in the vessel or pipe, as deter determine the distance to the explosion mined under paragraph (b) of this sec endpoint if the model used is based on tion, is spilled instantaneously to form TNT equivalent methods. a liquid pool. For liquids at tempera (1) For regulated flammable sub tures below their atmospheric boiling stances that are normally gases at am point, the volatilization rate shall be bient temperature and handled as a gas calculated at the conditions specified or as a liquid under pressure, the owner in paragraph (d) of this section. or operator shall assume that the (2) The owner or operator shall as quantity in the vessel or pipe, as deter sume that the quantity which becomes mined under paragraph (b) of this sec vapor in the first 10 minutes is in tion, is released as a gas over 10 min volved in the vapor cloud explosion.
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(g) Parameters to be applied. The (b) Scenarios to consider. (1) For each owner or operator shall use the param scenario required under paragraph (a) eters defined in § 68.22 to determine dis of this section, the owner or operator tance to the endpoints. The owner or shall select a scenario: operator may use the methodology pro (i) That is more likely to occur than vided in the RMP Offsite Consequence the worst-case release scenario under Analysis Guidance or any commer § 68.25; and cially or publicly available air disper (ii) That will reach an endpoint off- sion modeling techniques, provided the site, unless no such scenario exists. techniques account for the modeling (2) Release scenarios considered conditions and are recognized by indus should include, but are not limited to, try as applicable as part of current the following, where applicable: practices. Proprietary models that ac (i) Transfer hose releases due to count for the modeling conditions may splits or sudden hose uncoupling; be used provided the owner or operator (ii) Process piping releases from fail allows the implementing agency access ures at flanges, joints, welds, valves to the model and describes model fea and valve seals, and drains or bleeds; tures and differences from publicly (iii) Process vessel or pump releases available models to local emergency due to cracks, seal failure, or drain, planners upon request. bleed, or plug failure; (h) Consideration of passive mitigation. (iv) Vessel overfilling and spill, or Passive mitigation systems may be overpressurization and venting through considered for the analysis of worst relief valves or rupture disks; and case provided that the mitigation sys (v) Shipping container mishandling tem is capable of withstanding the re and breakage or puncturing leading to lease event triggering the scenario and a spill. would still function as intended. (c) Parameters to be applied. The (i) Factors in selecting a worst-case sce owner or operator shall use the appro nario. Notwithstanding the provisions priate parameters defined in § 68.22 to of paragraph (b) of this section, the determine distance to the endpoints. owner or operator shall select as the The owner or operator may use either worst case for flammable regulated the methodology provided in the RMP substances or the worst case for regu Offsite Consequence Analysis Guidance lated toxic substances, a scenario based or any commercially or publicly avail on the following factors if such a sce able air dispersion modeling tech nario would result in a greater distance niques, provided the techniques ac to an endpoint defined in § 68.22(a) be count for the specified modeling condi yond the stationary source boundary tions and are recognized by industry as than the scenario provided under para applicable as part of current practices. graph (b) of this section: Proprietary models that account for (1) Smaller quantities handled at the modeling conditions may be used higher process temperature or pres provided the owner or operator allows sure; and the implementing agency access to the (2) Proximity to the boundary of the model and describes model features and stationary source. differences from publicly available models to local emergency planners [61 FR 31718, June 20, 1996, as amended at 64 upon request. FR 28700, May 26, 1999] (d) Consideration of mitigation. Ac tive and passive mitigation systems § 68.28 Alternative release scenario may be considered provided they are analysis. capable of withstanding the event that (a) The number of scenarios. The triggered the release and would still be owner or operator shall identify and functional. analyze at least one alternative release (e) Factors in selecting scenarios. scenario for each regulated toxic sub The owner or operator shall consider stance held in a covered process(es) and the following in selecting alternative at least one alternative release sce release scenarios: nario to represent all flammable sub (1) The five-year accident history stances held in covered processes. provided in § 68.42; and
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(2) Failure scenarios identified under § 68.39 Documentation. § 68.50 or § 68.67. The owner or operator shall maintain the following records on the offsite § 68.30 Defining offsite impacts—popu consequence analyses: lation. (a) For worst-case scenarios, a de (a) The owner or operator shall esti scription of the vessel or pipeline and mate in the RMP the population within substance selected as worst case, as a circle with its center at the point of sumptions and parameters used, and the release and a radius determined by the rationale for selection; assump the distance to the endpoint defined in tions shall include use of any adminis § 68.22(a). trative controls and any passive miti (b) Population to be defined. Popu gation that were assumed to limit the lation shall include residential popu quantity that could be released. Docu lation. The presence of institutions mentation shall include the antici pated effect of the controls and mitiga (schools, hospitals, prisons), parks and tion on the release quantity and rate. recreational areas, and major commer (b) For alternative release scenarios, cial, office, and industrial buildings a description of the scenarios identi shall be noted in the RMP. fied, assumptions and parameters used, (c) Data sources acceptable. The owner and the rationale for the selection of or operator may use the most recent specific scenarios; assumptions shall Census data, or other updated informa include use of any administrative con tion, to estimate the population poten trols and any mitigation that were as tially affected. sumed to limit the quantity that could (d) Level of accuracy. Population shall be released. Documentation shall in be estimated to two significant digits. clude the effect of the controls and mitigation on the release quantity and § 68.33 Defining offsite impacts—envi rate. ronment. (c) Documentation of estimated (a) The owner or operator shall list in quantity released, release rate, and du ration of release. the RMP environmental receptors (d) Methodology used to determine within a circle with its center at the distance to endpoints. point of the release and a radius deter (e) Data used to estimate population mined by the distance to the endpoint and environmental receptors poten defined in § 68.22(a) of this part. tially affected. (b) Data sources acceptable. The owner or operator may rely on infor § 68.42 Five-year accident history. mation provided on local U.S. Geologi (a) The owner or operator shall in cal Survey maps or on any data source clude in the five-year accident history containing U.S.G.S. data to identify all accidental releases from covered environmental receptors. processes that resulted in deaths, inju ries, or significant property damage on 68.36 Review and update. site, or known offsite deaths, injuries, (a) The owner or operator shall re evacuations, sheltering in place, prop view and update the offsite con erty damage, or environmental dam sequence analyses at least once every age. five years. (b) Data required. For each accidental (b) If changes in processes, quantities release included, the owner or operator shall report the following information: stored or handled, or any other aspect (1) Date, time, and approximate dura of the stationary source might reason tion of the release; ably be expected to increase or de (2) Chemical(s) released; crease the distance to the endpoint by (3) Estimated quantity released in a factor of two or more, the owner or pounds and, for mixtures containing operator shall complete a revised anal regulated toxic substances, percentage ysis within six months of the change concentration by weight of the released and submit a revised risk management regulated toxic substance in the liquid plan as provided in § 68.190. mixture;
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(4) Five- or six-digit NAICS code that change occurs that makes the informa most closely corresponds to the proc tion inaccurate. ess; (5) The type of release event and its § 68.50 Hazard review. source; (a) The owner or operator shall con (6) Weather conditions, if known; duct a review of the hazards associated (7) On-site impacts; with the regulated substances, process, (8) Known offsite impacts; and procedures. The review shall iden (9) Initiating event and contributing tify the following: factors if known; (1) The hazards associated with the (10) Whether offsite responders were process and regulated substances; notified if known; and (2) Opportunities for equipment mal (11) Operational or process changes functions or human errors that could that resulted from investigation of the cause an accidental release; release. (3) The safeguards used or needed to control the hazards or prevent equip (c) Level of accuracy. Numerical esti mates may be provided to two signifi ment malfunction or human error; and (4) Any steps used or needed to detect cant digits. or monitor releases. [61 FR 31718, June 20, 1996, as amended at 64 (b) The owner or operator may use FR 979, Jan. 6, 1999] checklists developed by persons or or ganizations knowledgeable about the Subpart C—Program 2 Prevention process and equipment as a guide to Program conducting the review. For processes designed to meet industry standards or Federal or state design rules, the haz SOURCE: 61 FR 31721, June 20, 1996, unless ard review shall, by inspecting all otherwise noted. equipment, determine whether the § 68.48 Safety information. process is designed, fabricated, and op erated in accordance with the applica (a) The owner or operator shall com ble standards or rules. pile and maintain the following up-to (c) The owner or operator shall docu date safety information related to the ment the results of the review and en regulated substances, processes, and sure that problems identified are re equipment: solved in a timely manner. (1) Material Safety Data Sheets that (d) The review shall be updated at meet the requirements of 29 CFR least once every five years. The owner 1910.1200(g); or operator shall also conduct reviews (2) Maximum intended inventory of whenever a major change in the proc equipment in which the regulated sub ess occurs; all issues identified in the stances are stored or processed; review shall be resolved before startup (3) Safe upper and lower tempera of the changed process. tures, pressures, flows, and composi tions; § 68.52 Operating procedures. (4) Equipment specifications; and (a) The owner or operator shall pre (5) Codes and standards used to de pare written operating procedures that sign, build, and operate the process. provide clear instructions or steps for (b) The owner or operator shall en safely conducting activities associated sure that the process is designed in with each covered process consistent compliance with recognized and gen with the safety information for that erally accepted good engineering prac process. Operating procedures or in tices. Compliance with Federal or state structions provided by equipment man regulations that address industry-spe ufacturers or developed by persons or cific safe design or with industry-spe organizations knowledgeable about the cific design codes and standards may be process and equipment may be used as used to demonstrate compliance with a basis for a stationary source’s oper this paragraph. ating procedures. (c) The owner or operator shall up (b) The procedures shall address the date the safety information if a major following:
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(1) Initial startup; startup of a process after a major (2) Normal operations; change. (3) Temporary operations; (4) Emergency shutdown and oper § 68.56 Maintenance. ations; (a) The owner or operator shall pre (5) Normal shutdown; pare and implement procedures to (6) Startup following a normal or maintain the on-going mechanical in emergency shutdown or a major change tegrity of the process equipment. The that requires a hazard review; owner or operator may use procedures (7) Consequences of deviations and or instructions provided by covered steps required to correct or avoid devi process equipment vendors or proce ations; and dures in Federal or state regulations or (8) Equipment inspections. industry codes as the basis for sta tionary source maintenance proce (c) The owner or operator shall en dures. sure that the operating procedures are (b) The owner or operator shall train updated, if necessary, whenever a or cause to be trained each employee major change occurs and prior to start involved in maintaining the on-going up of the changed process. mechanical integrity of the process. To § 68.54 Training. ensure that the employee can perform the job tasks in a safe manner, each (a) The owner or operator shall en such employee shall be trained in the sure that each employee presently op hazards of the process, in how to avoid erating a process, and each employee or correct unsafe conditions, and in the newly assigned to a covered process procedures applicable to the employ have been trained or tested competent ee’s job tasks. in the operating procedures provided in (c) Any maintenance contractor shall § 68.52 that pertain to their duties. For ensure that each contract maintenance those employees already operating a employee is trained to perform the process on June 21, 1999, the owner or maintenance procedures developed operator may certify in writing that under paragraph (a) of this section. the employee has the required knowl (d) The owner or operator shall per edge, skills, and abilities to safely form or cause to be performed inspec carry out the duties and responsibil tions and tests on process equipment. ities as provided in the operating pro Inspection and testing procedures shall cedures. follow recognized and generally accept (b) Refresher training. Refresher ed good engineering practices. The fre training shall be provided at least quency of inspections and tests of proc every three years, and more often if ess equipment shall be consistent with necessary, to each employee operating applicable manufacturers’ rec a process to ensure that the employee ommendations, industry standards or understands and adheres to the current codes, good engineering practices, and operating procedures of the process. prior operating experience. The owner or operator, in consultation with the employees operating the proc § 68.58 Compliance audits. ess, shall determine the appropriate (a) The owner or operator shall cer frequency of refresher training. tify that they have evaluated compli (c) The owner or operator may use ance with the provisions of this sub training conducted under Federal or part at least every three years to state regulations or under industry- verify that the procedures and prac specific standards or codes or training tices developed under the rule are ade conducted by covered process equip quate and are being followed. ment vendors to demonstrate compli (b) The compliance audit shall be ance with this section to the extent conducted by at least one person that the training meets the require knowledgeable in the process. ments of this section. (c) The owner or operator shall de (d) The owner or operator shall en velop a report of the audit findings. sure that operators are trained in any (d) The owner or operator shall updated or new procedures prior to promptly determine and document an
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appropriate response to each of the stances. This process safety informa findings of the compliance audit and tion shall include information per document that deficiencies have been taining to the hazards of the regulated corrected. substances used or produced by the (e) The owner or operator shall retain process, information pertaining to the the two (2) most recent compliance technology of the process, and informa audit reports. This requirement does tion pertaining to the equipment in the not apply to any compliance audit re process. port that is more than five years old. (b) Information pertaining to the hazards of the regulated substances in § 68.60 Incident investigation. the process. This information shall (a) The owner or operator shall inves consist of at least the following: tigate each incident which resulted in, (1) Toxicity information; or could reasonably have resulted in a (2) Permissible exposure limits; catastrophic release. (3) Physical data; (b) An incident investigation shall be (4) Reactivity data: initiated as promptly as possible, but (5) Corrosivity data; not later than 48 hours following the (6) Thermal and chemical stability incident. data; and (c) A summary shall be prepared at (7) Hazardous effects of inadvertent the conclusion of the investigation mixing of different materials that which includes at a minimum: could foreseeably occur. (1) Date of incident; NOTE TO PARAGRAPH (b): Material Safety (2) Date investigation began; Data Sheets meeting the requirements of 29 (3) A description of the incident; CFR 1910.1200(g) may be used to comply with (4) The factors that contributed to this requirement to the extent they contain the incident; and, the information required by this subpara (5) Any recommendations resulting graph. from the investigation. (c) Information pertaining to the (d) The owner or operator shall technology of the process. promptly address and resolve the inves (1) Information concerning the tech tigation findings and recommenda nology of the process shall include at tions. Resolutions and corrective ac least the following: tions shall be documented. (i) A block flow diagram or simplified (e) The findings shall be reviewed process flow diagram; with all affected personnel whose job (ii) Process chemistry; tasks are affected by the findings. (iii) Maximum intended inventory; (f) Investigation summaries shall be (iv) Safe upper and lower limits for retained for five years. such items as temperatures, pressures, flows or compositions; and, Subpart D—Program 3 Prevention (v) An evaluation of the consequences Program of deviations. (2) Where the original technical in SOURCE: 61 FR 31722, June 20, 1996, unless formation no longer exists, such infor otherwise noted. mation may be developed in conjunc tion with the process hazard analysis § 68.65 Process safety information. in sufficient detail to support the anal (a) In accordance with the schedule ysis. set forth in § 68.67, the owner or oper (d) Information pertaining to the ator shall complete a compilation of equipment in the process. written process safety information be (1) Information pertaining to the fore conducting any process hazard equipment in the process shall include: analysis required by the rule. The com (i) Materials of construction; pilation of written process safety infor (ii) Piping and instrument diagrams mation is to enable the owner or oper (P&ID’s); ator and the employees involved in op (iii) Electrical classification; erating the process to identify and un (iv) Relief system design and design derstand the hazards posed by those basis; processes involving regulated sub (v) Ventilation system design;
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(vi) Design codes and standards em (7) An appropriate equivalent meth ployed; odology. (vii) Material and energy balances for (c) The process hazard analysis shall processes built after June 21, 1999; and address: (viii) Safety systems (e.g. interlocks, (1) The hazards of the process; detection or suppression systems). (2) The identification of any previous (2) The owner or operator shall docu incident which had a likely potential ment that equipment complies with for catastrophic consequences. recognized and generally accepted good (3) Engineering and administrative engineering practices. controls applicable to the hazards and (3) For existing equipment designed their interrelationships such as appro and constructed in accordance with priate application of detection meth codes, standards, or practices that are odologies to provide early warning of no longer in general use, the owner or releases. (Acceptable detection meth operator shall determine and document ods might include process monitoring that the equipment is designed, main and control instrumentation with tained, inspected, tested, and operating alarms, and detection hardware such as in a safe manner. hydrocarbon sensors.); (4) Consequences of failure of engi § 68.67 Process hazard analysis. neering and administrative controls; (a) The owner or operator shall per (5) Stationary source siting; form an initial process hazard analysis (6) Human factors; and (hazard evaluation) on processes cov (7) A qualitative evaluation of a ered by this part. The process hazard range of the possible safety and health analysis shall be appropriate to the effects of failure of controls. complexity of the process and shall (d) The process hazard analysis shall identify, evaluate, and control the haz be performed by a team with expertise ards involved in the process. The owner in engineering and process operations, or operator shall determine and docu and the team shall include at least one ment the priority order for conducting employee who has experience and process hazard analyses based on a ra knowledge specific to the process being tionale which includes such consider evaluated. Also, one member of the ations as extent of the process hazards, team must be knowledgeable in the number of potentially affected employ specific process hazard analysis meth ees, age of the process, and operating odology being used. history of the process. The process haz (e) The owner or operator shall estab ard analysis shall be conducted as soon lish a system to promptly address the as possible, but not later than June 21, team’s findings and recommendations; 1999. Process hazards analyses com assure that the recommendations are pleted to comply with 29 CFR resolved in a timely manner and that 1910.119(e) are acceptable as initial the resolution is documented; docu process hazards analyses. These process ment what actions are to be taken; hazard analyses shall be updated and complete actions as soon as possible; revalidated, based on their completion develop a written schedule of when date. these actions are to be completed; com (b) The owner or operator shall use municate the actions to operating, one or more of the following meth maintenance and other employees odologies that are appropriate to deter whose work assignments are in the mine and evaluate the hazards of the process and who may be affected by the process being analyzed. recommendations or actions. (1) What-If; (f) At least every five (5) years after (2) Checklist; the completion of the initial process (3) What-If/Checklist; hazard analysis, the process hazard (4) Hazard and Operability Study analysis shall be updated and revali (HAZOP); dated by a team meeting the require (5) Failure Mode and Effects Analysis ments in paragraph (d) of this section, (FMEA); to assure that the process hazard anal (6) Fault Tree Analysis; or ysis is consistent with the current
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process. Updated and revalidated proc (b) Operating procedures shall be ess hazard analyses completed to com readily accessible to employees who ply with 29 CFR 1910.119(e) are accept work in or maintain a process. able to meet the requirements of this (c) The operating procedures shall be paragraph. reviewed as often as necessary to as (g) The owner or operator shall re sure that they reflect current oper tain process hazards analyses and up ating practice, including changes that dates or revalidations for each process result from changes in process chemi covered by this section, as well as the cals, technology, and equipment, and documented resolution of recommenda changes to stationary sources. The tions described in paragraph (e) of this owner or operator shall certify annu section for the life of the process. ally that these operating procedures are current and accurate. § 68.69 Operating procedures. (d) The owner or operator shall de (a) The owner or operator shall de velop and implement safe work prac velop and implement written operating tices to provide for the control of haz procedures that provide clear instruc ards during operations such as lockout/ tions for safely conducting activities tagout; confined space entry; opening involved in each covered process con process equipment or piping; and con sistent with the process safety infor trol over entrance into a stationary mation and shall address at least the source by maintenance, contractor, following elements. laboratory, or other support personnel. (1) Steps for each operating phase: These safe work practices shall apply (i) Initial startup; to employees and contractor employ (ii) Normal operations; ees. (iii) Temporary operations; (iv) Emergency shutdown including § 68.71 Training. the conditions under which emergency shutdown is required, and the assign (a) Initial training. (1) Each employee ment of shutdown responsibility to presently involved in operating a proc qualified operators to ensure that ess, and each employee before being in emergency shutdown is executed in a volved in operating a newly assigned safe and timely manner. process, shall be trained in an overview (v) Emergency operations; of the process and in the operating pro (vi) Normal shutdown; and, cedures as specified in § 68.69. The (vii) Startup following a turnaround, training shall include emphasis on the or after an emergency shutdown. specific safety and health hazards, (2) Operating limits: emergency operations including shut (i) Consequences of deviation; and down, and safe work practices applica (ii) Steps required to correct or avoid ble to the employee’s job tasks. deviation. (2) In lieu of initial training for those (3) Safety and health considerations: employees already involved in oper (i) Properties of, and hazards pre ating a process on June 21, 1999 an sented by, the chemicals used in the owner or operator may certify in writ process; ing that the employee has the required (ii) Precautions necessary to prevent knowledge, skills, and abilities to safe exposure, including engineering con ly carry out the duties and responsibil trols, administrative controls, and per ities as specified in the operating pro sonal protective equipment; cedures. (iii) Control measures to be taken if (b) Refresher training. Refresher train physical contact or airborne exposure ing shall be provided at least every occurs; three years, and more often if nec (iv) Quality control for raw materials essary, to each employee involved in and control of hazardous chemical in operating a process to assure that the ventory levels; and, employee understands and adheres to (v) Any special or unique hazards. the current operating procedures of the (4) Safety systems and their func process. The owner or operator, in con tions. sultation with the employees involved
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in operating the process, shall deter The documentation shall identify the mine the appropriate frequency of re date of the inspection or test, the name fresher training. of the person who performed the in (c) Training documentation. The owner spection or test, the serial number or or operator shall ascertain that each other identifier of the equipment on employee involved in operating a proc which the inspection or test was per ess has received and understood the formed, a description of the inspection training required by this paragraph. or test performed, and the results of The owner or operator shall prepare a the inspection or test. record which contains the identity of (e) Equipment deficiencies. The owner the employee, the date of training, and or operator shall correct deficiencies in the means used to verify that the em equipment that are outside acceptable ployee understood the training. limits (defined by the process safety in formation in § 68.65) before further use § 68.73 Mechanical integrity. or in a safe and timely manner when (a) Application. Paragraphs (b) necessary means are taken to assure through (f) of this section apply to the safe operation. following process equipment: (f) Quality assurance. (1) In the con (1) Pressure vessels and storage struction of new plants and equipment, tanks; the owner or operator shall assure that (2) Piping systems (including piping equipment as it is fabricated is suit components such as valves); able for the process application for (3) Relief and vent systems and de which they will be used. vices; (2) Appropriate checks and inspec (4) Emergency shutdown systems; tions shall be performed to assure that (5) Controls (including monitoring equipment is installed properly and devices and sensors, alarms, and inter consistent with design specifications locks) and, and the manufacturer’s instructions. (6) Pumps. (3) The owner or operator shall as (b) Written procedures. The owner or sure that maintenance materials, spare operator shall establish and implement parts and equipment are suitable for written procedures to maintain the on the process application for which they going integrity of process equipment. will be used. (c) Training for process maintenance activities. The owner or operator shall § 68.75 Management of change. train each employee involved in main (a) The owner or operator shall estab taining the on-going integrity of proc lish and implement written procedures ess equipment in an overview of that to manage changes (except for ‘‘re process and its hazards and in the pro placements in kind’’) to process chemi cedures applicable to the employee’s cals, technology, equipment, and proce job tasks to assure that the employee dures; and, changes to stationary can perform the job tasks in a safe sources that affect a covered process. manner. (b) The procedures shall assure that (d) Inspection and testing. (1) Inspec the following considerations are ad tions and tests shall be performed on dressed prior to any change: process equipment. (1) The technical basis for the pro (2) Inspection and testing procedures posed change; shall follow recognized and generally (2) Impact of change on safety and accepted good engineering practices. health; (3) The frequency of inspections and (3) Modifications to operating proce tests of process equipment shall be con dures; sistent with applicable manufacturers’ (4) Necessary time period for the recommendations and good engineering change; and, practices, and more frequently if deter (5) Authorization requirements for mined to be necessary by prior oper the proposed change. ating experience. (c) Employees involved in operating a (4) The owner or operator shall docu process and maintenance and contract ment each inspection and test that has employees whose job tasks will be af been performed on process equipment. fected by a change in the process shall
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be informed of, and trained in, the findings of the compliance audit, and change prior to start-up of the process document that deficiencies have been or affected part of the process. corrected. (d) If a change covered by this para (e) The owner or operator shall retain graph results in a change in the process the two (2) most recent compliance safety information required by § 68.65 of audit reports. this part, such information shall be up dated accordingly. [61 FR 31722, June 20, 1996, as amended at 64 (e) If a change covered by this para FR 979, Jan. 6, 1999] graph results in a change in the oper § 68.81 Incident investigation. ating procedures or practices required by § 68.69, such procedures or practices (a) The owner or operator shall inves shall be updated accordingly. tigate each incident which resulted in, or could reasonably have resulted in a § 68.77 Pre-startup review. catastrophic release of a regulated sub (a) The owner or operator shall per stance. form a pre-startup safety review for (b) An incident investigation shall be new stationary sources and for modi initiated as promptly as possible, but fied stationary sources when the modi not later than 48 hours following the fication is significant enough to re incident. quire a change in the process safety in (c) An incident investigation team formation. shall be established and consist of at (b) The pre-startup safety review least one person knowledgeable in the shall confirm that prior to the intro process involved, including a contract duction of regulated substances to a employee if the incident involved work process: of the contractor, and other persons (1) Construction and equipment is in with appropriate knowledge and experi accordance with design specifications; ence to thoroughly investigate and (2) Safety, operating, maintenance, analyze the incident. and emergency procedures are in place (d) A report shall be prepared at the and are adequate; conclusion of the investigation which (3) For new stationary sources, a includes at a minimum: process hazard analysis has been per (1) Date of incident; formed and recommendations have (2) Date investigation began; been resolved or implemented before (3) A description of the incident; startup; and modified stationary (4) The factors that contributed to sources meet the requirements con the incident; and, tained in management of change, (5) Any recommendations resulting § 68.75. (4) Training of each employee in from the investigation. volved in operating a process has been (e) The owner or operator shall estab completed. lish a system to promptly address and resolve the incident report findings and § 68.79 Compliance audits. recommendations. Resolutions and cor rective actions shall be documented. (a) The owner or operator shall cer tify that they have evaluated compli (f) The report shall be reviewed with ance with the provisions of this sub all affected personnel whose job tasks part at least every three years to are relevant to the incident findings in verify that procedures and practices cluding contract employees where ap developed under this subpart are ade plicable. quate and are being followed. (g) Incident investigation reports (b) The compliance audit shall be shall be retained for five years. conducted by at least one person knowledgeable in the process. § 68.83 Employee participation. (c) A report of the findings of the (a) The owner or operator shall de audit shall be developed. velop a written plan of action regard (d) The owner or operator shall ing the implementation of the em promptly determine and document an ployee participation required by this appropriate response to each of the section.
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(b) The owner or operator shall con the contract owner or operator and sult with employees and their rep contract employees in covered process resentatives on the conduct and devel areas. opment of process hazards analyses and (5) The owner or operator shall peri on the development of the other ele odically evaluate the performance of ments of process safety management in the contract owner or operator in ful this rule. filling their obligations as specified in (c) The owner or operator shall pro paragraph (c) of this section. vide to employees and their representa (c) Contract owner or operator respon tives access to process hazard analyses sibilities. (1) The contract owner or op and to all other information required erator shall assure that each contract to be developed under this rule. employee is trained in the work prac tices necessary to safely perform his/ § 68.85 Hot work permit. her job. (a) The owner or operator shall issue (2) The contract owner or operator a hot work permit for hot work oper shall assure that each contract em ations conducted on or near a covered ployee is instructed in the known po process. tential fire, explosion, or toxic release (b) The permit shall document that hazards related to his/her job and the the fire prevention and protection re process, and the applicable provisions quirements in 29 CFR 1910.252(a) have of the emergency action plan. been implemented prior to beginning (3) The contract owner or operator the hot work operations; it shall indi shall document that each contract em cate the date(s) authorized for hot ployee has received and understood the work; and identify the object on which training required by this section. The hot work is to be performed. The per contract owner or operator shall pre mit shall be kept on file until comple pare a record which contains the iden tion of the hot work operations. tity of the contract employee, the date of training, and the means used to § 68.87 Contractors. verify that the employee understood (a) Application. This section applies the training. to contractors performing maintenance (4) The contract owner or operator or repair, turnaround, major renova shall assure that each contract em tion, or specialty work on or adjacent ployee follows the safety rules of the to a covered process. It does not apply stationary source including the safe to contractors providing incidental work practices required by § 68.69(d). services which do not influence process (5) The contract owner or operator safety, such as janitorial work, food shall advise the owner or operator of and drink services, laundry, delivery or any unique hazards presented by the other supply services. contract owner or operator’s work, or (b) Owner or operator responsibilities. of any hazards found by the contract (1) The owner or operator, when select owner or operator’s work. ing a contractor, shall obtain and evaluate information regarding the contract owner or operator’s safety Subpart E—Emergency Response performance and programs. (2) The owner or operator shall in SOURCE: 61 FR 31725, June 20, 1996, unless form contract owner or operator of the otherwise noted. known potential fire, explosion, or toxic release hazards related to the § 68.90 Applicability. contractor’s work and the process. (a) Except as provided in paragraph (3) The owner or operator shall ex (b) of this section, the owner or oper plain to the contract owner or operator ator of a stationary source with Pro the applicable provisions of subpart E gram 2 and Program 3 processes shall of this part. comply with the requirements of § 68.95. (4) The owner or operator shall de (b) The owner or operator of sta velop and implement safe work prac tionary source whose employees will tices consistent with § 68.69(d), to con not respond to accidental releases of trol the entrance, presence, and exit of regulated substances need not comply
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with § 68.95 of this part provided that also complies with paragraph (c) of this they meet the following: section. (1) For stationary sources with any (c) The emergency response plan de regulated toxic substance held in a veloped under paragraph (a)(1) of this process above the threshold quantity, section shall be coordinated with the the stationary source is included in the community emergency response plan community emergency response plan developed under 42 U.S.C. 11003. Upon developed under 42 U.S.C. 11003; request of the local emergency plan (2) For stationary sources with only ning committee or emergency response regulated flammable substances held in officials, the owner or operator shall a process above the threshold quantity, promptly provide to the local emer the owner or operator has coordinated gency response officials information response actions with the local fire de necessary for developing and imple partment; and menting the community emergency re (3) Appropriate mechanisms are in sponse plan. place to notify emergency responders when there is a need for a response. Subpart F—Regulated Substances for Accidental Release Prevention § 68.95 Emergency response program.
(a) The owner or operator shall de SOURCE: 59 FR 4493, Jan. 31, 1994, unless velop and implement an emergency re otherwise noted. Redesignated at 61 FR 31717, sponse program for the purpose of pro June 20, 1996. tecting public health and the environ ment. Such program shall include the § 68.100 Purpose. following elements: This subpart designates substances (1) An emergency response plan, to be listed under section 112(r)(3), (4), which shall be maintained at the sta and (5) of the Clean Air Act, as amend tionary source and contain at least the ed, identifies their threshold quan following elements: tities, and establishes the requirements (i) Procedures for informing the pub for petitioning to add or delete sub lic and local emergency response agen stances from the list. cies about accidental releases; (ii) Documentation of proper first-aid § 68.115 Threshold determination. and emergency medical treatment nec (a) A threshold quantity of a regu essary to treat accidental human expo lated substance listed in § 68.130 is sures; and present at a stationary source if the (iii) Procedures and measures for total quantity of the regulated sub emergency response after an accidental stance contained in a process exceeds release of a regulated substance; the threshold. (2) Procedures for the use of emer (b) For the purposes of determining gency response equipment and for its whether more than a threshold quan inspection, testing, and maintenance; tity of a regulated substance is present (3) Training for all employees in rel at the stationary source, the following evant procedures; and exemptions apply: (4) Procedures to review and update, (1) Concentrations of a regulated toxic as appropriate, the emergency response substance in a mixture. If a regulated plan to reflect changes at the sta substance is present in a mixture and tionary source and ensure that employ the concentration of the substance is ees are informed of changes. below one percent by weight of the (b) A written plan that complies with mixture, the amount of the substance other Federal contingency plan regula in the mixture need not be considered tions or is consistent with the ap when determining whether more than a proach in the National Response threshold quantity is present at the Team’s Integrated Contingency Plan stationary source. Except for oleum, Guidance (‘‘One Plan’’) and that, toluene 2,4-diisocyanate, toluene 2,6 among other matters, includes the ele diisocyanate, and toluene diisocyanate ments provided in paragraph (a) of this (unspecified isomer), if the concentra section, shall satisfy the requirements tion of the regulated substance in the of this section if the owner or operator mixture is one percent or greater by
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weight, but the owner or operator can mined in accordance with NFPA 30, demonstrate that the partial pressure Flammable and Combustible Liquids of the regulated substance in the mix Code, National Fire Protection Asso ture (solution) under handling or stor ciation, Quincy, MA, 1996. Available age conditions in any portion of the from the National Fire Protection As process is less than 10 millimeters of sociation, 1 Batterymarch Park, Quin mercury (mm Hg), the amount of the cy, MA 02269–9101. This incorporation substance in the mixture in that por by reference was approved by the Di tion of the process need not be consid rector of the Federal Register in ac ered when determining whether more cordance with 5 U.S.C. 552(a) and 1 CFR than a threshold quantity is present at part 51. Copies may be inspected at the the stationary source. The owner or op Environmental Protection Agency Air erator shall document this partial pres Docket (6102), Attn: Docket No. A–96– sure measurement or estimate. O8, Waterside Mall, 401 M. St. SW., (2) Concentrations of a regulated flam Washington DC; or at the Office of Fed mable substance in a mixture. (i) General eral Register at 800 North Capitol St., provision. If a regulated substance is NW., Suite 700, Washington, DC. The present in a mixture and the con owner or operator shall document the centration of the substance is below National Fire Protection Association one percent by weight of the mixture, flammability hazard rating. the mixture need not be considered (ii) Gasoline. Regulated substances in when determining whether more than a gasoline, when in distribution or re threshold quantity of the regulated lated storage for use as fuel for inter substance is present at the stationary nal combustion engines, need not be source. Except as provided in para considered when determining whether graph (b)(2) (ii) and (iii) of this section, more than a threshold quantity is if the concentration of the substance is present at a stationary source. one percent or greater by weight of the (iii) Naturally occurring hydrocarbon mixture, then, for purposes of deter mixtures. Prior to entry into a natural mining whether a threshold quantity is gas processing plant or a petroleum re present at the stationary source, the fining process unit, regulated sub entire weight of the mixture shall be stances in naturally occurring hydro treated as the regulated substance un carbon mixtures need not be considered less the owner or operator can dem when determining whether more than a onstrate that the mixture itself does threshold quantity is present at a sta not have a National Fire Protection tionary source. Naturally occurring Association flammability hazard rat hydrocarbon mixtures include any ing of 4. The demonstration shall be in combination of the following: conden accordance with the definition of flam sate, crude oil, field gas, and produced mability hazard rating 4 in the NFPA water, each as defined in § 68.3 of this 704, Standard System for the Identi part. fication of the Hazards of Materials for Emergency Response, National Fire (3) Articles. Regulated substances con Protection Association, Quincy, MA, tained in articles need not be consid 1996. Available from the National Fire ered when determining whether more Protection Association, 1 than a threshold quantity is present at Batterymarch Park, Quincy, MA 02269– the stationary source. 9101. This incorporation by reference (4) Uses. Regulated substances, when was approved by the Director of the in use for the following purposes, need Federal Register in accordance with 5 not be included in determining whether U.S.C. 552(a) and 1 CFR part 51. Copies more than a threshold quantity is may be inspected at the Environmental present at the stationary source: Protection Agency Air Docket (6102), (i) Use as a structural component of Attn: Docket No. A–96–O8, Waterside the stationary source; Mall, 401 M. St. SW., Washington DC; (ii) Use of products for routine jani or at the Office of Federal Register at torial maintenance; 800 North Capitol St., NW, Suite 700, (iii) Use by employees of foods, drugs, Washington, DC. Boiling point and cosmetics, or other personal items con flash point shall be defined and deter taining the regulated substance; and
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(iv) Use of regulated substances for addition and deletion are met. A pe present in process water or non-contact tition will be denied if this demonstra cooling water as drawn from the envi tion is not made. ronment or municipal sources, or use (f) The Administrator will not accept of regulated substances present in air additional petitions on the same sub used either as compressed air or as part stance following publication of a final of combustion. notice of the decision to grant or deny (5) If a regu Activities in laboratories. a petition, unless new data becomes lated substance is manufactured, proc available that could significantly af essed, or used in a laboratory at a sta tionary source under the supervision of fect the basis for the decision. a technically qualified individual as de (g) Petitions to modify the list of fined in § 720.3(ee) of this chapter, the regulated substances must contain the quantity of the substance need not be following: considered in determining whether a (1) Name and address of the peti threshold quantity is present. This ex tioner and a brief description of the or emption does not apply to: ganization(s) that the petitioner rep (i) Specialty chemical production; resents, if applicable; (ii) Manufacture, processing, or use (2) Name, address, and telephone of substances in pilot plant scale oper number of a contact person for the pe ations; and tition; (iii) Activities conducted outside the (3) Common chemical name(s), com laboratory. mon synonym(s), Chemical Abstracts [59 FR 4493, Jan. 31, 1994. Redesignated at 61 Service number, and chemical formula FR 31717, June 20, 1996, as amended at 63 FR and structure; 645, Jan. 6, 1998] (4) Action requested (add or delete a substance); § 68.120 Petition process. (5) Rationale supporting the peti (a) Any person may petition the Ad tioner’s position; that is, how the sub ministrator to modify, by addition or stance meets the criteria for addition deletion, the list of regulated sub and deletion. A short summary of the stances identified in § 68.130. Based on the information presented by the peti rationale must be submitted along tioner, the Administrator may grant or with a more detailed narrative; and deny a petition. (6) Supporting data; that is, the peti (b) A substance may be added to the tion must include sufficient informa list if, in the case of an accidental re tion to scientifically support the re lease, it is known to cause or may be quest to modify the list. Such informa reasonably anticipated to cause death, tion shall include: injury, or serious adverse effects to (i) A list of all support documents; human health or the environment. (ii) Documentation of literature (c) A substance may be deleted from searches conducted, including, but not the list if adequate data on the health limited to, identification of the data and environmental effects of the sub base(s) searched, the search strategy, stance are available to determine that dates covered, and printed results; the substance, in the case of an acci (iii) Effects data (animal, human, and dental release, is not known to cause environmental test data) indicating and may not be reasonably anticipated the potential for death, injury, or seri to cause death, injury, or serious ad ous adverse human and environmental verse effects to human health or the impacts from acute exposure following environment. (d) No substance for which a national an accidental release; printed copies of primary ambient air quality standard the data sources, in English, should be has been established shall be added to provided; and the list. No substance regulated under (iv) Exposure data or previous acci title VI of the Clean Air Act, as amend dent history data, indicating the po ed, shall be added to the list. tential for serious adverse human (e) The burden of proof is on the peti health or environmental effects from tioner to demonstrate that the criteria an accidental release. These data may
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include, but are not limited to, phys TABLE 1 TO § 68.130.—L IST OF REGULATED ical and chemical properties of the sub TOXIC SUBSTANCES AND THRESHOLD QUAN stance, such as vapor pressure; mod TITIES FOR ACCIDENTAL RELEASE PREVEN eling results, including data and as TION—Continued sumptions used and model documenta [Alphabetical Order—77 Substances] tion; and historical accident data, cit Threshold ing data sources. Chemical name CAS No. quantity Basis for (h) Within 18 months of receipt of a (lbs) listing petition, the Administrator shall pub Boron trifluoride 353–42–4 15,000 b lish in the FEDERAL REGISTER a notice compound with either denying the petition or granting methyl ether the petition and proposing a listing. (1:1) [Boron, trifluoro [oxybis [metane]]-, T-4-. § 68.125 Exemptions. Bromine ...... 7726–95–6 10,000 a, b Agricultural nutrients. Ammonia used Carbon disulfide 75–15–0 20,000 b as an agricultural nutrient, when held Chlorine ...... 7782–50–5 2,500 a, b Chlorine dioxide 10049–04–4 1,000 c by farmers, is exempt from all provi [Chlorine oxide sions of this part. (ClO2)]. Chloroform 67–66–3 20,000 b § 68.130 List of substances. [Methane, trichloro-]. (a) Regulated toxic and flammable Chloromethyl 542–88–1 1,000 b substances under section 112(r) of the ether [Methane, Clean Air Act are the substances listed oxybis[chloro-]. in Tables 1, 2, 3, and 4. Threshold quan Chloromethyl 107–30–2 5,000 b methyl ether tities for listed toxic and flammable [Methane, substances are specified in the tables. chloromethoxy (b) The basis for placing toxic and ]. Crotonaldehyde 4170–30–3 20,000 b flammable substances on the list of [2-Butenal]. regulated substances are explained in Crotonaldehyde, 123–73–9 20,000 b the notes to the list. (E)- [2-Butenal, (E)-]. TABLE 1 TO § 68.130.—L IST OF REGULATED Cyanogen chlo 506–77–4 10,000 c ride. TOXIC SUBSTANCES AND THRESHOLD QUAN Cyclohexylamine 108–91–8 15,000 b TITIES FOR ACCIDENTAL RELEASE PREVENTION [Cyclohexana [Alphabetical Order—77 Substances] mine]. Diborane ...... 19287–45–7 2,500 b Threshold Basis for Dimethyldichloro 75–78–5 5,000 b Chemical name CAS No. quantity listing silane [Silane, (lbs) dichlorodimeth yl-]. Acrolein [2 107–02–8 5,000 b 1,1 57–14–7 15,000 b Propenal]. Dimethylhydra Acrylonitrile [2 107–13–1 20,000 b zine [Hydra Propenenitrile]. zine, 1,1-di Acrylyl chloride 814–68–6 5,000 b methyl-]. [2-Propenoyl Epichlorohydrin 106–89–8 20,000 b chloride]. [Oxirane, Allyl alcohol [2 107–18–61 15,000 b (chloromethyl)-]. Propen-l-ol]. Ethylenediamine 107–15–3 20,000 b Allylamine [2 107–11–9 10,000 b [1,2 Propen-l Ethanediamine]. amine]. Ammonia (anhy 7664–41–7 10,000 a, b Ethyleneimine 151–56–4 10,000 b drous). [Aziridine]. Ammonia (conc 7664–41–7 20,000 a, b Ethylene oxide 75–21–8 10,000 a, b 20% or greater). [Oxirane]. Arsenous tri 7784–34–1 15,000 b Fluorine ...... 7782–41–4 1,000 b chloride. Formaldehyde 50–00–0 15,000 b Arsine ...... 7784–42–1 1,000 b (solution). Boron trichloride 10294–34–5 5,000 b Furan ...... 110–00–9 5,000 b [Borane, Hydrazine ...... 302–01–2 15,000 b trichloro-]. Hydrochloric acid 7647–01–0 15,000 d Boron trifluoride 7637–07–2 5,000 b (conc 37% or [Borane, greater). trifluoro-]. Hydrocyanic acid 74–90–8 2,500 a, b
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TABLE 1 TO § 68.130.—L IST OF REGULATED TABLE 1 TO § 68.130.—L IST OF REGULATED TOXIC SUBSTANCES AND THRESHOLD QUAN- TOXIC SUBSTANCES AND THRESHOLD QUAN TITIES FOR ACCIDENTAL RELEASE PREVEN- TITIES FOR ACCIDENTAL RELEASE PREVEN TION—Continued TION—Continued [Alphabetical Order—77 Substances] [Alphabetical Order—77 Substances]
Threshold Basis for Threshold Basis for Chemical name CAS No. quantity listing Chemical name CAS No. quantity (lbs) (lbs) listing
Hydrogen chlo 7647–01–0 5,000 a Oleum (Fuming 8014–95–7 10,000 e ride (anhy Sulfuric acid) drous) [Hydro [Sulfuric acid, chloric acid]. mixture with Hydrogen fluo 7664–39–3 1,000 a, b sulfur trioxide] 1. ride/ Peracetic acid 79–21–0 10,000 b Hydrofluoric [Ethaneperoxoi acid (conc 50% c acid]. or greater) Perchloromethyl 594–42–3 10,000 b [Hydrofluoric mercaptan acid]. [Methanesulfe Hydrogen sele 7783–07–5 500 b nyl chloride, nide. trichloro-]. Hydrogen sulfide 7783–06–4 10,000 a, b Phosgene [Car 75–44–5 500 a, b Iron, 13463–40–6 2,500 b bonic dichlo pentacarbonyl ride]. [Iron carbonyl Phosphine ...... 7803–51–2 5,000 b (Fe(CO)5), Phosphorus 10025–87–3 5,000 b (TB-5-11)-]. oxychloride Isobutyronitrile 78–82–0 20,000 b [Phosphoryl [Propanenitrile, chloride]. 2-methyl-]. Phosphorus tri 7719–12–2 15,000 b Isopropyl 108–23–6 15,000 b chloride [Phos chloroformate phorous tri [Carbonochlori chloride]. dic acid, 1 Piperidine ...... 110–89–4 15,000 b methylethyl Propionitrile 107–12–0 10,000 b ester]. [Propanenitrile]. Methacrylonitrile 126–98–7 10,000 b Propyl 109–61–5 15,000 b [2 chloroformate Propenenitrile, [Carbonochlori 2-methyl-]. dic acid, Methyl chloride 74–87–3 10,000 a propylester]. [Methane, Propyleneimine 75–55–8 10,000 b chloro-]. [Aziridine, 2 Methyl 79–22–1 5,000 b methyl-]. chloroformate Propylene oxide 75–56–9 10,000 b [Carbonochlori [Oxirane, meth dic acid, yl-]. methylester]. Sulfur dioxide 7446–09–5 5,000 a, b Methyl hydrazine 60–34–4 15,000 b (anhydrous). [Hydrazine, Sulfur tetra 7783–60–0 2,500 b methyl-]. fluoride [Sulfur Methyl isocyanate 624–83–9 10,000 a, b fluoride (SF4), [Methane, (T-4)-]. isocyanato-]. Sulfur trioxide ..... 7446–11–9 10,000 a, b Methyl mercaptan 74–93–1 10,000 b Tetramethyllead 75–74–1 10,000 b [Methanethiol]. [Plumbane, Methyl 556–64–9 20,000 b tetramethyl-]. thiocyanate Tetranitro 509–14–8 10,000 b [Thiocyanic methane [Meth acid, methyl ane, tetranitro-]. ester]. Titanium tetra 7550–45–0 2,500 b Methyltrichlorosil 75–79–6 5,000 b chloride [Tita ane [Silane, nium chloride trichloromethyl (TiCl4) (T-4)-]. ]. Nickel carbonyl ... 13463–39–3 1,000 b Toluene 2,4 584–84–9 10,000 a diisocyanate Nitric acid (conc 7697–37–2 15,000 b [Benzene, 2,4 80% or greater). diisocyanato-1 Nitric oxide [Nitro 10102–43–9 10,000 b methyl-] 1. gen oxide (NO)].
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TABLE 1 TO § 68.130.—L IST OF REGULATED TABLE 1 TO § 68.130.—L IST OF REGULATED TOXIC SUBSTANCES AND THRESHOLD QUAN- TOXIC SUBSTANCES AND THRESHOLD QUAN TITIES FOR ACCIDENTAL RELEASE PREVEN- TITIES FOR ACCIDENTAL RELEASE PREVEN TION—Continued TION—Continued [Alphabetical Order—77 Substances] [Alphabetical Order—77 Substances]
Threshold Basis for Threshold Basis for Chemical name CAS No. quantity listing Chemical name CAS No. quantity (lbs) (lbs) listing
Toluene 2,6 91–08–7 10,000 a Vinyl acetate 108–05–4 15,000 b diisocyanate monomer [Ace [Benzene, 1,3 tic acid ethenyl diisocyanato-2 ester]. methyl-] 1. Toluene 26471–62–5 10,000 a 1 The mixture exemption in § 68.115(b)(1) does not apply to diisocyanate the substance. (unspecified NOTE: Basis for Listing: isomer) [Ben a Mandated for listing by Congress. zene, 1,3 b On EHS list, vapor pressure 10 mmHg or greater. diisocyanatom c Toxic gas. ethyl-] 1. d Toxicity of hydrogen chloride, potential to release hydro Trimethylchlorosi 75–77–4 10,000 b gen chloride, and history of accidents. lane [Silane, e Toxicity of sulfur trioxide and sulfuric acid, potential to release sulfur trioxide, and history of accidents. chlorotrimethyl ].
TABLE 2 TO § 68.130.—L IST OF REGULATED TOXIC SUBSTANCES AND THRESHOLD QUANTITIES FOR ACCIDENTAL RELEASE PREVENTION [CAS Number Order—77 Substances]
Threshold CAS No. Chemical name quantity Basis for (lbs) 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 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, 15,000 b trifluoro[oxybis[methane]]-, T-4-.
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TABLE 2 TO § 68.130.—L IST OF REGULATED TOXIC SUBSTANCES AND THRESHOLD QUANTITIES FOR ACCIDENTAL RELEASE PREVENTION—Continued [CAS Number Order—77 Substances]
Threshold CAS No. Chemical name quantity Basis for (lbs) listing
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-diisocyanatomethyl 10,000 a 1]1. 1 The 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.—L IST OF REGULATED FLAMMABLE SUBSTANCES AND THRESHOLD QUANTITIES FOR ACCIDENTAL RELEASE PREVENTION [Alphabetical Order—63 Substances]
Threshold Chemical name CAS No. quantity Basis for (lbs) 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 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
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TABLE 3 TO § 68.130.—L IST OF REGULATED FLAMMABLE SUBSTANCES AND THRESHOLD QUANTITIES FOR ACCIDENTAL RELEASE PREVENTION—Continued [Alphabetical Order—63 Substances]
Threshold Chemical name CAS No. quantity Basis for (lbs) listing
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
NOTE: Basis for Listing: a Mandated for listing by Congress. f Flammable gas. g Volatile flammable liquid.
TABLE 4 TO § 68.130.—L IST OF REGULATED FLAMMABLE SUBSTANCES AND THRESHOLD QUANTITIES FOR ACCIDENTAL RELEASE PREVENTION [CAS Number Order—63 Substances]
Threshold CAS No. Chemical name CAS No. quantity Basis for (lbs) 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
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TABLE 4 TO § 68.130.—L IST OF REGULATED FLAMMABLE SUBSTANCES AND THRESHOLD QUANTITIES FOR ACCIDENTAL RELEASE PREVENTION—Continued [CAS Number Order—63 Substances]
Threshold CAS No. Chemical name CAS No. quantity Basis for (lbs) listing
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 Note: Basis for Listing: a Mandated for listing by Congress. f Flammable gas. g Volatile 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]
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Subpart G—Risk Management may not claim as confidential business Plan information the following information: (1) Registration data required by § 68.160(b)(1) through (b)(6) and (b)(8), SOURCE: 61 FR 31726, June 20, 1996, unless (b)(10) through (b)(13) and NAICS code otherwise noted. and Program level of the process set § 68.150 Submission. forth in § 68.160(b)(7); (2) Offsite consequence analysis data (a) The owner or operator shall sub required by § 68.165(b)(4), (b)(9), (b)(10), mit a single RMP that includes the in (b)(11), and (b)(12). formation required by §§ 68.155 through (3) Accident history data required by 68.185 for all covered processes. The § 68.168; RMP shall be submitted in a method (4) Prevention program data required and format to a central point as speci by § 68.170(b), (d), (e)(1), (f) through (k); fied by EPA prior to June 21, 1999. (5) Prevention program data required (b) The owner or operator shall sub by § 68.175(b), (d), (e)(1), (f) through (p); mit the first RMP no later than the and latest of the following dates: (6) Emergency response program data (1) June 21, 1999; required by § 68.180. (2) Three years after the date on (c) Notwithstanding the procedures which a regulated substance is first specified in 40 CFR part 2, an owner or listed under § 68.130; or operator asserting a claim of CBI with (3) The date on which a regulated respect to information contained in its substance is first present above a RMP, shall submit to EPA at the time threshold quantity in a process. it submits the RMP the following: (c) Subsequent submissions of RMPs (1) The information claimed con shall be in accordance with § 68.190. fidential, provided in a format to be (d) Notwithstanding the provisions of specified by EPA; §§ 68.155 to 68.190, the RMP shall ex (2) A sanitized (redacted) copy of the clude classified information. Subject to RMP, with the notation ‘‘CBI’’ sub appropriate procedures to protect such stituted for the information claimed information from public disclosure, confidential, except that a generic cat classified data or information excluded egory or class name shall be sub from the RMP may be made available stituted for any chemical name or in a classified annex to the RMP for re identity claimed confidential; and view by Federal and state representa (3) The document or documents sub tives who have received the appro stantiating each claim of confidential priate security clearances. business information, as described in (e) Procedures for asserting that in § 68.152. formation submitted in the RMP is en [64 FR 979, Jan. 6, 1999] titled to protection as confidential business information are set forth in § 68.152 Substantiating claims of con §§ 68.151 and 68.152. fidential business information. [61 FR 31726, June 20, 1996, as amended at 64 (a) An owner or operator claiming FR 979, Jan. 6, 1999] that information is confidential busi ness information must substantiate § 68.151 Assertion of claims of con that claim by providing documentation fidential business information. that demonstrates that the claim (a) Except as provided in paragraph meets the substantive criteria set forth (b) of this section, an owner or oper in 40 CFR 2.301. ator of a stationary source required to (b) Information that is submitted as report or otherwise provide informa part of the substantiation may be tion under this part may make a claim claimed confidential by marking it as of confidential business information confidential business information. In for any such information that meets formation not so marked will be treat the criteria set forth in 40 CFR 2.301. ed as public and may be disclosed with (b) Notwithstanding the provisions of out notice to the submitter. If informa 40 CFR part 2, an owner or operator of tion that is submitted as part of the a stationary source subject to this part substantiation is claimed confidential,
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the owner or operator must provide a (3) Name and Dun and Bradstreet sanitized and unsanitized version of the number of the corporate parent com substantiation. pany; (c) The owner, operator, or senior of (4) The name, telephone number, and ficial with management responsibility mailing address of the owner or oper of the stationary source shall sign a ator; certification that the signer has per (5) The name and title of the person sonally examined the information sub or position with overall responsibility mitted and that based on inquiry of the for RMP elements and implementation; persons who compiled the information, (6) The name, title, telephone num the information is true, accurate, and ber, and 24-hour telephone number of complete, and that those portions of the emergency contact; the substantiation claimed as confiden (7) For each covered process, the tial business information would, if dis name and CAS number of each regu closed, reveal trade secrets or other lated substance held above the thresh confidential business information. old quantity in the process, the max imum quantity of each regulated sub [64 FR 980, Jan. 6, 1999] stance or mixture in the process (in § 68.155 Executive summary. pounds) to two significant digits, the five- or six-digit NAICS code that most The owner or operator shall provide closely corresponds to the process, and in the RMP an executive summary that the Program level of the process; includes a brief description of the fol (8) The stationary source EPA identi lowing elements: fier; (a) The accidental release prevention (9) The number of full-time employ and emergency response policies at the ees at the stationary source; stationary source; (10) Whether the stationary source is (b) The stationary source and regu subject to 29 CFR 1910.119; lated substances handled; (11) Whether the stationary source is (c) The worst-case release scenario(s) subject to 40 CFR part 355; and the alternative release scenario(s), (12) If the stationary source has a including administrative controls and CAA Title V operating permit, the per mitigation measures to limit the dis mit number; and tances for each reported scenario; (13) The date of the last safety in (d) The general accidental release spection of the stationary source by a prevention program and chemical-spe Federal, state, or local government cific prevention steps; agency and the identity of the inspect (e) The five-year accident history; ing entity. (f) The emergency response program; (14) Source or Parent Company E- and Mail Address (Optional); (g) Planned changes to improve safe (15) Source Homepage address (Op ty. tional) (16) Phone number at the source for § 68.160 Registration. public inquiries (Optional); (a) The owner or operator shall com (17) Local Emergency Planning Com plete a single registration form and in mittee (Optional); clude it in the RMP. The form shall (18) OSHA Voluntary Protection Pro cover all regulated substances handled gram status (Optional); in covered processes. [61 FR 31726, June 20, 1996, as amended at 64 (b) The registration shall include the FR 980, Jan. 6, 1999] following data: (1) Stationary source name, street, § 68.165 Offsite consequence analysis. city, county, state, zip code, latitude (a) The owner or operator shall sub and longitude, method for obtaining mit in the RMP information: latitude and longitude, and description (1) One worst-case release scenario of location that latitude and longitude for each Program 1 process; and represent; (2) For Program 2 and 3 processes, (2) The stationary source Dun and one worst-case release scenario to rep Bradstreet number; resent all regulated toxic substances
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held above the threshold quantity and owner or operator may provide the in one worst-case release scenario to rep formation only once, but shall indicate resent all regulated flammable sub to which processes the information ap stances held above the threshold quan plies. tity. If additional worst-case scenarios (b) The five- or six-digit NAICS code for toxics or flammables are required that most closely corresponds to the by § 68.25(a)(2)(iii), the owner or oper process. ator shall submit the same information (c) The name(s) of the chemical(s) on the additional scenario(s). The covered. owner or operator of Program 2 and 3 (d) The date of the most recent re processes shall also submit information view or revision of the safety informa on one alternative release scenario for tion and a list of Federal or state regu each regulated toxic substance held lations or industry-specific design above the threshold quantity and one codes and standards used to dem alternative release scenario to rep onstrate compliance with the safety in resent all regulated flammable sub formation requirement. stances held above the threshold quan (e) The date of completion of the tity. most recent hazard review or update. (b) The owner or operator shall sub (1) The expected date of completion mit the following data: of any changes resulting from the haz (1) Chemical name; ard review; (2) Percentage weight of the chemical in a liquid mixture (toxics only); (2) Major hazards identified; (3) Physical state (toxics only); (3) Process controls in use; (4) Basis of results (give model name (4) Mitigation systems in use; if used); (5) Monitoring and detection systems (5) Scenario (explosion, fire, toxic gas in use; and release, or liquid spill and evapo (6) Changes since the last hazard re ration); view. (6) Quantity released in pounds; (f) The date of the most recent review (7) Release rate; or revision of operating procedures. (8) Release duration; (g) The date of the most recent re (9) Wind speed and atmospheric sta view or revision of training programs; bility class (toxics only); (1) The type of training provided— (10) Topography (toxics only); classroom, classroom plus on the job, (11) Distance to endpoint; on the job; and (12) Public and environmental recep (2) The type of competency testing tors within the distance; used. (13) Passive mitigation considered; and (h) The date of the most recent re (14) Active mitigation considered (al view or revision of maintenance proce ternative releases only); dures and the date of the most recent equipment inspection or test and the [61 FR 31726, June 20, 1996, as amended at 64 equipment inspected or tested. FR 980, Jan. 6, 1999] (i) The date of the most recent com § 68.168 Five-year accident history. pliance audit and the expected date of completion of any changes resulting The owner or operator shall submit from the compliance audit. in the RMP the information provided (j) The date of the most recent inci in § 68.42(b) on each accident covered by dent investigation and the expected § 68.42(a). date of completion of any changes re § 68.170 Prevention program/Program sulting from the investigation. 2. (k) The date of the most recent (a) For each Program 2 process, the change that triggered a review or revi owner or operator shall provide in the sion of safety information, the hazard RMP the information indicated in review, operating or maintenance pro paragraphs (b) through (k) of this sec cedures, or training. tion. If the same information applies to [61 FR 31726, June 20, 1996, as amended at 64 more than one covered process, the FR 980, Jan. 6, 1999]
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§ 68.175 Prevention program/Program (m) The date of the most recent re 3. view or revision of employee participa (a) For each Program 3 process, the tion plans; owner or operator shall provide the in (n) The date of the most recent re formation indicated in paragraphs (b) view or revision of hot work permit through (p) of this section. If the same procedures; information applies to more than one (o) The date of the most recent re covered process, the owner or operator view or revision of contractor safety may provide the information only procedures; and once, but shall indicate to which proc (p) The date of the most recent eval esses the information applies. uation of contractor safety perform (b) The five- or six-digit NAICS code ance. that most closely corresponds to the process. [61 FR 31726, June 20, 1996, as amended at 64 FR 980, Jan. 6, 1999] (c) The name(s) of the substance(s) covered. § 68.180 Emergency response program. (d) The date on which the safety in formation was last reviewed or revised. (a) The owner or operator shall pro (e) The date of completion of the vide in the RMP the following informa most recent PHA or update and the tion: technique used. (1) Do you have a written emergency (1) The expected date of completion response plan? of any changes resulting from the PHA; (2) Does the plan include specific ac (2) Major hazards identified; tions to be taken in response to an ac (3) Process controls in use; cidental releases of a regulated sub (4) Mitigation systems in use; stance? (5) Monitoring and detection systems (3) Does the plan include procedures in use; and for informing the public and local (6) Changes since the last PHA. agencies responsible for responding to (f) The date of the most recent review accidental releases? or revision of operating procedures. (4) Does the plan include information (g) The date of the most recent re on emergency health care? view or revision of training programs; (5) The date of the most recent re (1) The type of training provided— view or update of the emergency re classroom, classroom plus on the job, sponse plan; on the job; and (6) The date of the most recent emer (2) The type of competency testing gency response training for employees. used. (b) The owner or operator shall pro (h) The date of the most recent re vide the name and telephone number of view or revision of maintenance proce the local agency with which emergency dures and the date of the most recent response activities and the emergency equipment inspection or test and the response plan is coordinated. equipment inspected or tested. (c) The owner or operator shall list (i) The date of the most recent other Federal or state emergency plan change that triggered management of requirements to which the stationary change procedures and the date of the source is subject. most recent review or revision of man agement of change procedures. [61 FR 31726, June 20, 1996, as amended at 64 (j) The date of the most recent pre- FR 980, Jan. 6, 1999] startup review. § 68.185 Certification. (k) The date of the most recent com pliance audit and the expected date of (a) For Program 1 processes, the completion of any changes resulting owner or operator shall submit in the from the compliance audit; RMP the certification statement pro (l) The date of the most recent inci vided in § 68.12(b)(4). dent investigation and the expected (b) For all other covered processes, date of completion of any changes re the owner or operator shall submit in sulting from the investigation; the RMP a single certification that, to
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the best of the signer’s knowledge, in § 68.210 Availability of information to formation, and belief formed after rea the public. sonable inquiry, the information sub (a) The RMP required under subpart mitted is true, accurate, and complete. G of this part shall be available to the public under 42 U.S.C. 7414(c). § 68.190 Updates. (b) The disclosure of classified infor (a) The owner or operator shall re mation by the Department of Defense view and update the RMP as specified or other Federal agencies or contrac in paragraph (b) of this section and tors of such agencies shall be con submit it in a method and format to a trolled by applicable laws, regulations, central point specified by EPA prior to or executive orders concerning the re June 21, 1999. lease of classified information. (b) The owner or operator of a sta tionary source shall revise and update § 68.215 Permit content and air per the RMP submitted under § 68.150 as mitting authority or designated follows: agency requirements. (1) Within five years of its initial sub (a) These requirements apply to any mission or most recent update required stationary source subject to this part by paragraphs (b)(2) through (b)(7) of 68 and parts 70 or 71 of this chapter. this section, whichever is later. The 40 CFR part 70 or part 71 permit for (2) No later than three years after a the stationary source shall contain: newly regulated substance is first list (1) A statement listing this part as ed by EPA; an applicable requirement; (3) No later than the date on which a (2) Conditions that require the source new regulated substance is first owner or operator to submit: present in an already covered process (i) A compliance schedule for meet above a threshold quantity; ing the requirements of this part by (4) No later than the date on which a the date provided in § 68.10(a) or; regulated substance is first present (ii) As part of the compliance certifi above a threshold quantity in a new cation submitted under 40 CFR process; 70.6(c)(5), a certification statement (5) Within six months of a change that the source is in compliance with that requires a revised PHA or hazard all requirements of this part, including review; the registration and submission of the (6) Within six months of a change RMP. that requires a revised offsite con (b) The owner or operator shall sub sequence analysis as provided in § 68.36; mit any additional relevant informa and tion requested by the air permitting (7) Within six months of a change authority or designated agency. that alters the Program level that ap (c) For 40 CFR part 70 or part 71 per plied to any covered process. mits issued prior to the deadline for registering and submitting the RMP (c) If a stationary source is no longer and which do not contain permit condi subject to this part, the owner or oper tions described in paragraph (a) of this ator shall submit a revised registration section, the owner or operator or air to EPA within six months indicating permitting authority shall initiate per that the stationary source is no longer mit revision or reopening according to covered. the procedures of 40 CFR 70.7 or 71.7 to incorporate the terms and conditions Subpart H—Other Requirements consistent with paragraph (a) of this section. SOURCE: 61 FR 31728, June 20, 1996, unless (d) The state may delegate the au otherwise noted. thority to implement and enforce the requirements of paragraph (e) of this § 68.200 Recordkeeping. section to a state or local agency or The owner or operator shall maintain agencies other than the air permitting records supporting the implementation authority. An up-to-date copy of any of this part for five years unless other delegation instrument shall be main wise provided in subpart D of this part. tained by the air permitting authority.
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The state may enter a written agree (c) Exemption from audits. A sta ment with the Administrator under tionary source with a Star or Merit which EPA will implement and enforce ranking under OSHA’s voluntary pro the requirements of paragraph (e) of tection program shall be exempt from this section. audits under paragraph (b)(2) and (b)(7) (e) The air permitting authority or of this section. the agency designated by delegation or (d) The implementing agency shall agreement under paragraph (d) of this have access to the stationary source, section shall, at a minimum: supporting documentation, and any (1) Verify that the source owner or area where an accidental release could operator has registered and submitted occur. an RMP or a revised plan when re (e) Based on the audit, the imple quired by this part; menting agency may issue the owner (2) Verify that the source owner or or operator of a stationary source a operator has submitted a source cer written preliminary determination of tification or in its absence has sub necessary revisions to the stationary mitted a compliance schedule con source’s RMP to ensure that the RMP sistent with paragraph (a)(2) of this meets the criteria of subpart G of this section; part. The preliminary determination (3) For some or all of the sources sub shall include an explanation for the ject to this section, use one or more basis for the revisions, reflecting indus mechanisms such as, but not limited try standards and guidelines (such as to, a completeness check, source au AIChE/CCPS guidelines and ASME and dits, record reviews, or facility inspec API standards) to the extent that such tions to ensure that permitted sources standards and guidelines are applica are in compliance with the require ble, and shall include a timetable for ments of this part; and their implementation. (4) Initiate enforcement action based (f) Written response to a preliminary de on paragraphs (e)(1) and (e)(2) of this termination. (1) The owner or operator section as appropriate. shall respond in writing to a prelimi nary determination made in accord § 68.220 Audits. ance with paragraph (e) of this section. (a) In addition to inspections for the The response shall state the owner or purpose of regulatory development and operator will implement the revisions enforcement of the Act, the imple contained in the preliminary deter menting agency shall periodically mination in accordance with the time audit RMPs submitted under subpart G table included in the preliminary de of this part to review the adequacy of termination or shall state that the such RMPs and require revisions of owner or operator rejects the revisions RMPs when necessary to ensure com in whole or in part. For each rejected pliance with subpart G of this part. revision, the owner or operator shall (b) The implementing agency shall explain the basis for rejecting such re select stationary sources for audits vision. Such explanation may include based on any of the following criteria: substitute revisions. (1) Accident history of the stationary (2) The written response under para source; graph (f)(1) of this section shall be re (2) Accident history of other sta ceived by the implementing agency tionary sources in the same industry; within 90 days of the issue of the pre (3) Quantity of regulated substances liminary determination or a shorter present at the stationary source; period of time as the implementing (4) Location of the stationary source agency specifies in the preliminary de and its proximity to the public and en termination as necessary to protect vironmental receptors; public health and the environment. (5) The presence of specific regulated Prior to the written response being due substances; and upon written request from the (6) The hazards identified in the owner or operator, the implementing RMP; and agency may provide in writing addi (7) A plan providing for neutral, ran tional time for the response to be re dom oversight. ceived.
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(g) After providing the owner or oper (h) Thirty days after completion of ator an opportunity to respond under the actions detailed in the implemen paragraph (f) of this section, the imple tation schedule set in the final deter menting agency may issue the owner mination under paragraph (g) of this or operator a written final determina section, the owner or operator shall be tion of necessary revisions to the sta in violation of subpart G of this part tionary source’s RMP. The final deter and this section unless the owner or mination may adopt or modify the re operator revises the RMP prepared visions contained in the preliminary under subpart G of this part as required determination under paragraph (e) of by the final determination, and sub this section or may adopt or modify mits the revised RMP as required under § 68.150. the substitute revisions provided in the (i) The public shall have access to the response under paragraph (f) of this preliminary determinations, responses, section. A final determination that and final determinations under this adopts a revision rejected by the owner section in a manner consistent with or operator shall include an expla § 68.210. nation of the basis for the revision. A (j) Nothing in this section shall pre final determination that fails to adopt clude, limit, or interfere in any way a substitute revision provided under with the authority of EPA or the state paragraph (f) of this section shall in to exercise its enforcement, investiga clude an explanation of the basis for tory, and information gathering au finding such substitute revision unrea thorities concerning this part under sonable. the Act.
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V. Rationale for Issuance of Rule Without EPA promulgated the initial list of of Transportation (DOT)), to clarify Prior Notice regulated substances on January 31, certain provisions related to regulated VI. Summary of Revisions to Rule 1994 (59 FR 4478) (the ‘‘List Rule’’). The flammable substances, and to clarify the VII. Administrative Requirements Agency identified two categories of transportation exemption. EPA A. Docket regulated substances—toxic and B. Executive Order 12866 amended the RMP Rule on January 6, C. Executive Order 13045 flammable—and listed substances 1999 (64 FR 964) to add several D. Executive Order 13084 accordingly. EPA included 77 chemicals mandatory and optional RMP data E. Executive Order 13132 on the toxic substances list based on elements, to establish procedures for F. Regulatory Flexibility Act (RFA), as each chemical’s acute toxicity and protecting confidential business amended by the Small Business several other factors—the chemical’s information, to adopt a new industry Regulatory Enforcement Fairness Act of physical state, physical/chemical classification system and to make 1996 (SBREFA) 5 U.S.C. 601 et seq. properties and accident history— technical corrections and clarifications. G. Paperwork Reduction Act relevant to the likelihood that an EPA also amended the RMP Rule on H. Unfunded Mandates Reform Act accidental release of the chemical May 26, 1999 (64 FR 28696) to modify I. National Technology Transfer and would lead to significant offsite Advancement Act the requirements for conducting worst J. Congressional Review Act consequences. The Agency also placed case release scenario analyses for 63 substances on the flammable flammable substances and to clarify its I. Introduction and Background substances list, including vinyl interpretation of CAA sections 112(1) A. Statutory Authority chloride, a substance mandated for and 112(r)(11) as they relate to DOT listing by Congress. EPA selected requirements under the Federal This rule is being issued under chemicals for the flammable substances Hazardous Transportation Law. section 112(r) of the Clean Air Act list based on their flammability rating (CAA) as amended by the Chemical and the other factors related to II. Discussion of Modification Safety Information, Site Security and likelihood of significant offsite A. Affected Substances Fuels Regulatory Relief Act (the Act), consequences. The new Act provides that EPA shall which President Clinton signed into law Of the originally listed substances, 14 not list a flammable substance when on August 5, 1999. Section 2 of the Act met the criteria for both toxic and used as a fuel,1 or held for sale as a fuel immediately removed EPA’s authority flammable substances (arsine, cyanogen at a retail facility solely because of its to ‘‘list a flammable substance when chloride, diborane, ethylene oxide, explosive or flammable properties, used as a fuel or held for sale as a fuel formaldehyde, furan, hydrocyanic acid, except under certain circumstances. The at a retail facility * * * solely because hydrogen selenide, hydrogen sulfide, purpose of today’s rule is to revise the of the explosive or flammable properties methyl chloride, methyl mercaptan, List Rule as needed to conform to the of the substance, unless a fire or phosphine, propyleneimine, and Act. explosion caused by the substance will propylene oxide). EPA placed these 14 As described above, the List Rule result in acute adverse health effects substances on only the toxic substances currently contains two lists—one of from human exposure to the substance, list, because their toxicity poses the toxic substances and one of flammable including the unburned fuel or its greater threat to human health and the substances. The toxic substances list combustion byproducts, other than environment. contains those chemicals that meet the those caused by the heat of the fire or Following promulgation of the List criteria listing as toxic substances, even impact of the explosion.’’ Rule, EPA issued a rule establishing the accidental release prevention if they also meet the criteria for listing The Act defines ‘‘retail facility’’ as ‘‘a requirements on June 20, 1996 (61 FR as flammable substances. Accordingly, stationary source at which more than 31668) (‘‘the RMP Rule’’). Together every chemical on the toxic substances one-half of the income is obtained from these rules are codified at 40 CFR part list was listed for its toxicity at least and direct sales to end users or at which 68. not solely because of its explosive or more than one-half of the fuel sold, by In accordance with section 112(r)(7), flammable properties. The substances volume, is sold through a cylinder the RMP rule requires that any on the toxics list are thus not affected exchange program.’’ stationary source with more than a by the new Act. B. Background on Chemical Accident threshold quantity of a regulated The substances on the flammables Prevention Regulations substance in a process develop and list, on the other hand, are listed implement a risk management program ‘‘solely’’ because they meet a certain CAA section 112(r) contains and submit an RMP describing the flammability rating, taking other risk requirements for the prevention and source’s program as well as its five-year factors into account. In deciding what mitigation of accidental chemical accident history and potential offsite flammable substances to list, EPA releases. The focus is on those consequences. The rule further provides concentrated on those substances that chemicals that pose the greatest risk to that RMPs be submitted by June 21, have the potential to result in significant public health and the environment in 1999 for sources with more than a offsite consequences. Accidents the event of an accidental release. threshold quantity of a regulated involving flammable substances may Section 112(r)(3) mandates that EPA substance in a process by that date, or lead to vapor cloud explosions, vapor identify at least 100 such chemicals and within a specified time of the source cloud fires, boiling liquid expanding promulgate a list of ‘‘regulated first exceeding the applicable threshold. vapor explosions (BLEVEs), pool fires, substances’’ with threshold quantities. EPA has amended the List and RMP and jet fires, depending on the type of Section 112(r)(7) directs EPA to issue Rules several times. On August 25, 1997 substance involved and the regulations requiring stationary sources (62 FR 45132), EPA amended the List that contain more than a threshold Rule to change the listed concentration 1 EPA has received a number of questions as to quantity of a regulated substance to of hydrochloric acid. On January 6, 1998 whether the fuel use exclusion is available only to retail facilities. EPA believes that the statute and develop and implement a risk (63 FR 640), EPA again amended the legislative history are clear that the fuel use management program and submit a risk List Rule to delist Division 1.1 exclusion is available to any facility that uses a management plan (RMP). explosives (classified by the Department flammable substance as a fuel.
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TABLE 1.—LIST OF COMMON FUELS— RMP program, provided no other On May 28, 1999, EPA issued a Continued exemption applies. EPA will proposed amendment to the List Rule to consequently coordinate its create an exemption from threshold Chemical name CAS No. interpretation and application of the quantity determinations for processes income test portion of the retail facility containing 67,000 pounds or less of a Isobutane [Propane, definition with OSHA. listed flammable hydrocarbon fuel (64 2-methyl-] ...... 75–28–5 The second portion of the retail FR 29171). EPA estimated that the Isopentane [Butane, facility definition—concerning cylinder proposed amendment, if promulgated, 2-methyl-] ...... 78–78–4 Methane ...... 74–82–8 exchange programs—goes beyond that would reduce the universe of regulated Pentane ...... 109–66–0 developed by OSHA and so provides sources from 69,485 to 50,300. At the 1-Pentene ...... 109–67–1 greater relief than the OSHA retail same time (64 FR 29167), EPA 2-Pentene, (E) ...... 646–04–8 facility exemption. In general, cylinder published a temporary stay of the 2-Pentene, (Z) ...... 627–20–3 exchange programs represent a link effectiveness of the RMP rule for those Propane ...... 74–98–6 between major retailers (for example, sources that would be exempted under Propylene ...... 115–07–1 hardware stores, home centers and the proposal. This stay, which expired convenience stores) and propane on December 21, 1999, was in addition At the same time, all of the substances distributors. The retailer typically to, and did not affect, a stay of the rule listed above are sometimes used as provides space outdoors and manages for propane processes entered by the feedstock chemicals instead of fuel. transactions with end users such as U.S. Court of Appeals for the D.C. Further, every listed flammable homeowners; the propane distributor Circuit (See Litigation and Court Stay). substance has the potential to be used typically provides racks, filled While EPA was seeking comment on as fuel, since it may be burned to create cylinders, promotional materials, and the proposed rule, Congress also studied heat or power. Consequently, the List training to the retailer’s employees. the fuel issue and considered ways to Rule cannot be conformed to the new Propane distributors may have several provide regulatory relief to fuel users law by deleting particular chemicals markets, including cylinder exchange; and retailers. Congress was concerned from the flammable substances list. temporary heat during construction; that the RMP rule placed a significant Instead, EPA has added a provision to commercial cooking, heating, and water regulatory burden on facilities that were part 68, Subpart F (listing regulated heating; fuel to power vehicles, forklifts, not previously covered by the OSHA substances) that excludes flammable and tractors; agricultural drying and PSM Standard. Congress decided to substances when used as a fuel, or held heating; and others. amend section 112(r) of the CAA to for sale as a fuel at a retail facility from For propane or other fuel distributors remove EPA’s authority to list any the list of regulated substances. The which meet the definition of retail flammable substance when used as a Agency has also annotated both versions facility through either direct sales to end fuel, or held for sale as a fuel at a retail of the flammable substances list (one users or a cylinder exchange program, facility, except under specified version lists the substances the fuel they hold is no longer covered circumstances. alphabetically, the other by Chemical by the RMP rule. For propane or other While the new law and EPA’s Abstract Service (CAS) number) to fuel distributors that do not meet the proposed rule and temporary stay all indicate that any flammable substance, definition, the fuel they hold is not offer regulatory relief with respect to when used as a fuel, or held for sale as exempted from the RMP rule by the new fuels, the new law reaches farther than a fuel at a retail facility, is excluded law or today’s action. EPA has added to EPA’s actions. The new law provides from the list. relief for all fuels, not just hydrocarbon As previously mentioned, the Act part 68 a definition of ‘‘retail facility’’ that mirrors the statutory definition. fuels. It also removes fuels from the defines a ‘‘retail facility’’ as a stationary RMP program regardless of the amount source at which more than one-half of III. Previous Actions Related to Fuels a stationary source uses or holds for the income is obtained from direct sales A. Previous Proposed Rule and retail sale, whereas EPA’s proposal and to end users or at which more than one- stay only affects sources having no more Administrative Stay half of the fuel sold, by volume, is sold than 67,000 lbs of fuel in a process. The through a cylinder exchange program. After promulgating the RMP rule, EPA new law does limit relief for fuel sellers The income test portion of the became aware that a significant number to fuel retailers, whereas EPA’s stay definition follows the definition of of small, commercial sources use does not distinguish between types of ‘‘retail facility’’ used by the OSHA in regulated flammable substances, fuel sellers. However, EPA believes that enforcing its PSM Standard (OSHA particularly propane, as fuel in virtually no fuel wholesaler qualifies for Directive CPL2–2.45A CH–1-Process quantities in excess of the applicable the Agency’s stay because wholesalers Safety Management of Highly threshold quantity (10,000 lbs in a typically hold fuel in quantities far Hazardous Chemicals—Compliance process). As a result, these small greater than 67,000 lbs. Even if a few Guidelines and Enforcement sources, including farms, restaurants, wholesalers would have benefitted from Procedures): ‘‘an establishment that hotels, and other commercial EPA’s proposed rule, the Agency would otherwise be subject to the PSM operations, were covered by the RMP believes that Congress has addressed the standard at which more than half of the requirements. Many of these sources are issue of how to provide regulatory relief income is obtained from direct sales to in rural locations where accidental to fuel users and sellers, and that EPA end users.’’ releases are less likely to have should thus implement Congress’ The effect of the income test portion significant offsite consequences. In light approach without making exceptions to of the new Act’s retail facility definition of the purpose of section 112(r)—to it. is to provide relief to the same facilities focus comprehensive accident Therefore, EPA is today withdrawing that qualify for OSHA’s retail facility prevention requirements on the most the proposed rule as it takes final action exemption, and conversely, to require potentially dangerous sources—EPA to amend the List Rule to conform to the facilities that do not quality for OSHA’s reexamined whether farms and other new law. As previously mentioned, exemption, and thus are subject to the small fuel users should be covered by EPA’s temporary stay of effectiveness PSM program, to also be subject to the the RMP rule. expired on December 21, 1999.
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B. Litigation and Court Stay exclusion based on use or retail sales. If V. Rationale for Issuance of Rule Following promulgation of the RMP they determine that they do not qualify, Without Prior Notice rule in 1996, several petitions for no further action is required. If they Section 553 of the Administrative judicial review of the rule were filed, determine that they do qualify, they Procedure Act, 5 U.S.C. 553(b)(B), including one by the National Propane may request that EPA withdraw their provides that, when an agency for good Gas Association (NPGA). At NPGA’s submission and EPA will delete it from cause finds that notice and public request, the U.S. Court of Appeals for the RMP database. Facilities will have procedure are impracticable, the District of Columbia Circuit entered the option of using the form that EPA unnecessary or contrary to the public developed to facilitate the withdrawal a temporary stay of the RMP rule as it interest, the agency may issue a rule or simply stating their request in a applies to propane (Chlorine Institute v. without providing notice and an letter. Alternatively, facilities can leave Environmental Protection Agency, No. opportunity for public comment. the RMP as a voluntary submission in 96–1279, and consolidated cases (Nos. EPA is taking this action without the database and need not take further 96–1284, 96–1288, and 96–1290), Order prior notice and opportunity to action. of April 27, 1999). The judicial stay The balance of the RMP’s reported comment. As previously mentioned, meant that any stationary source, or more than one substance. About 200 section 2 of the new Act, which took process at a stationary source, subject to RMP’s reported a toxic chemical effect on August 5, 1999, immediately the RMP rule only by virtue of propane substance in addition to the potential removed EPA’s authority to list was not subject to the RMP rule flammable fuel. For these cases, the flammable substances when used as a requirements, including those calling facilities will be asked to evaluate fuel, or held for sale as a fuel at a retail for a hazard assessment, accident whether their flammable substance facility. Consequently, EPA’s regulation prevention program, emergency qualifies for the exclusion based on use containing the list of regulated response planning, and submission of or retail sales. If they determine that substances subject to the RMP rule (or inclusion in) an RMP by June 21, they do not qualify, no further action is needs to be modified to reflect the new 1999. required. If they determine that they do law. On Jan. 5, 2000, the Court lifted its qualify, they may resubmit their RMP, EPA has determined that there is good temporary stay in response to a joint reporting only on the toxic substances. cause for making today’s rule final motion by EPA and NPGA to dismiss Alternatively, facilities can leave the without prior proposal and opportunity the case and lift the stay. As of that date, original RMP including the flammable for comment because the Agency is part 68, as revised by the Act, is in effect fuel submission in the database and codifying legislation which focuses with respect to any facility having more need not take further action. clearly on a particular set of regulations than the 10,000 pounds of propane in a About 745 RMP’s reported multiple and requires little interpretation by the process unless the facility uses the flammable substances. For these cases, Agency. In addition, EPA believes it is propane as a fuel or sells the propane the facilities will be asked to evaluate in the public interest to issue the as a retail facility. Facilities that use whether each reported flammable revised list as soon as possible, to avoid propane in their manufacturing substance qualifies for the exclusion confusion about the coverage of the processes or hold propane for purposes based on use or retail sales. If they RMP rule. As of August 5, 1999, there other than on-site fuel use at a non-retail determine that none of their reported is no statutory basis for extending the facility must immediately come into flammable substances qualify, no RMP rule to listed flammable substances compliance with Section 112(r) of the further action is required. If they when used as a fuel, or held for sale as CAA. determine that all of the reported a fuel at a retail facility, except under certain circumstances. The Agency’s IV. RMP’s Submitted Prior to Today’s substances qualify, they may request rule should therefore be revised to Action that EPA withdraw their submission and EPA will delete it from the RMP reflect the change in authority as soon EPA has received about 1,966 RMP’s database. Facilities will have the option as possible. A comment period is that address one or more of the 19 listed of using the formal withdrawal process unnecessary because today’s action is flammable substances that EPA has or simply sending a letter. Alternatively, nondiscretionary. A comment period identified as likely to be used as a fuel. facilities can leave the RMP as a would also be contrary to the public EPA cannot unilaterally delete any of voluntary submission in the database interest because the resulting delay the RMP’s submitted for flammable and need not take further action. If they would contribute to confusion about the substances from the RMP database, determine that only some of the coverage of the RMP rule. Thus, notice however, because the determination of flammable substances reported qualify, and public procedure are unnecessary whether a facility is eligible for the they will need to check their flammable and contrary to the public interest. EPA exclusion is based on information worst case scenario and off-site finds that this constitutes good cause which is not reported to EPA, namely, consequence analysis (OCA). If their under 5 U.S.C. 553(b)(B). whether a facility uses the flammable original worst case analysis is based on The Agency is also issuing this rule substance as a fuel or holds it for retail a flammable substance that is excluded, with an immediate effective date. Since sale. Instead, EPA plans to send a letter the facility should revise their RMP to its effect is to relieve a restriction (i.e., to each of the 1,966 facilities to notify provide appropriate OCA. Within its the requirement to comply with the them of the exclusion, to ask them to enforcement discretion, EPA plans to RMP rule), EPA may make it effective evaluate their eligibility for the treat this similarly to the existing upon promulgation. Further, EPA exclusion, and to describe the process requirement to revise RMP’s within 6 believes it is in the public interest to the facilities should use to request a months of a process change, giving make it immediately effective, for the withdrawal of or to update these RMP’s. facilities 6 months to revise their RMP’s. same reasons given above for dispensing For about 950 of the 1,966 RMP’s that If their original worst case analysis is with prior notice and comment. reported a potential flammable fuel, based on a flammable substance that is only one chemical is reported. For these not excluded, the facility won’t need to VI. Summary of Revisions to Rule cases, the facilities will be asked to update their RMP, except as part of the This section summarizes the changes evaluate whether they qualify for the regular reporting cycle. to the rule.
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Section 68.3, Definitions, has been (2) Create a serious inconsistency or consultation with representatives of revised to add a definition of retail otherwise interfere with an action taken affected tribal governments, a summary facility, as defined in the new law. or planned by another agency; of the nature of their concerns, and a Section 68.126 has been added to (3) Materially alter the budgetary statement supporting the need to issue create an exclusion for regulated impact of entitlements, grants, user fees, the regulation. In addition, Executive flammable substances used as fuel or or loan programs or the rights and Order 13084 requires EPA to develop an held for sale as fuel at retail facilities. obligations of recipients thereof; or effective process permitting elected The exclusion is derived from the new (4) Raise novel legal or policy issues officials and other representatives of law. arising out of legal mandates, the Indian tribal governments ‘‘to provide President’s priorities, or the principles meaningful and timely input in the In Section 68.130, footnotes have been set forth in the Executive Order. development of regulatory policies on added to Tables 3 and 4. These two It has been determined that this rule matters that significantly or uniquely tables list the regulated flammable is not a ‘‘significant regulatory action’’ affect their communities.’’ substances and their threshold under the terms of Executive Order Today’s rule does not significantly or quantities. Table 3 lists the regulated 12866 and is therefore not subject to uniquely affect the communities of flammable substances in alphabetical OMB review. Indian tribal governments. This action order while Table 4 lists them in CAS reduces burden on flammable fuel users, C. Executive Order 13045 number order. The footnotes remind the which may include some sources owned reader of the exclusion for regulated Executive Order 13045: ‘‘Protection of or operated by Indian tribal flammable substances. The reference to Children from Environmental Health governments. Accordingly, the each footnote appears as an asterisk Risks and Safety Risks,’’ (62 FR 19885, requirements of section 3(b) of following the term ‘‘flammable April 23, 1997), applies to any rule that: Executive Order 13084 do not apply to substance’’ in the titles of Tables 3 and (1) Is determined to be ‘‘economically this rule. 4. significant’’ as defined under E.O. E. Executive Order 13132 VII. Administrative Requirements 12866, and (2) concerns an environmental health or safety risk that Executive Order 13132, entitled A. Docket EPA has reason to believe may have a ‘‘Federalism’’ (64 FR 43255, August 10, 1999), requires EPA to develop an The docket is an organized and disproportionate effect on children. If accountable process to ensure complete file of all the information the regulatory action meets both criteria, ‘‘meaningful and timely input by State considered by the EPA in the the Agency must evaluate the and local officials in the development of development of this rulemaking. The environmental health or safety effects of regulatory policies that have federalism docket is a dynamic file, because it the planned rule on children, and implications.’’ ‘‘Policies that have allows members of the public and explain why the planned regulation is federalism implications’’ is defined in industries involved to readily identify preferable to other potentially effective the Executive Order to include and locate documents so that they can and reasonably feasible alternatives regulations that have ‘‘substantial direct effectively participate in the rulemaking considered by the Agency. EPA interprets E.O. 13045 as applying effects on the States, on the relationship process. Along with the proposed and between the national government and promulgated rules and their preambles, only to those regulatory actions that are based on health or safety risks, such that the States, or on the distribution of the contents of the docket serve as the power and responsibilities among the record in the case of judicial review. the analysis required under Section 5– 501 of the Order has the potential to various levels of government.’’ (See section 307(d)(7)(A) of the CAA.) Under Section 6 of Executive Order The official record for this rulemaking influence the regulation. This action is not subject to this 13132, EPA may not issue a regulation has been established under Docket A– Executive Order because it is not that has federalism implications, that 99–36, and is available for inspection economically significant as defined in imposes substantial direct compliance from 8:00 a.m. to 5:30 p.m., Monday E.O. 12866, and because it does not costs, and that is not required by statute, through Friday, excluding legal establish an environmental standard unless the Federal government provides holidays. The official rulemaking record intended to mitigate health or safety the funds necessary to pay the direct is located at the address in ADDRESSES risks. compliance costs incurred by State and at the beginning of this document. local governments, or EPA consults with D. Executive Order 13084 B. Executive Order 12866 State and local officials early in the Under Executive Order 13084, EPA process of developing the proposed Under Executive Order 12866 (58 FR may not issue a regulation that is not regulation. EPA also may not issue a 51735, October 4, 1993), the Agency required by statute, that significantly or regulation that has federalism must determine whether the regulatory uniquely affects the communities of implications and that preempts State action is ‘‘significant’’ and therefore Indian tribal governments, and that law, unless the Agency consults with subject to OMB review and the imposes substantial direct compliance State and local officials early in the requirements of the Executive Order. costs on those communities, unless the process of developing the proposed The Order defines ‘‘significant Federal government provides the funds regulation. regulatory action’’ as one that is likely necessary to pay the direct compliance This final rule does not have to result in a rule that may: costs incurred by the tribal federalism implications. It will not have (1) Have an annual effect on the governments, or EPA consults with substantial direct effects on the States, economy of $100 million or more or those governments. on the relationship between the national adversely affect in a material way the If EPA complies by consulting, government and the States, or on the economy, a sector of the economy, Executive Order 13084 requires EPA to distribution of power and productivity, competition, jobs, the provide to the Office of Management responsibilities among the various environment, public health or safety, or and Budget, in a separately identified levels of government, as specified in State, local, or tribal governments or section of the preamble to the rule, a Executive Order 13132. Today’s rule communities; description of the extent of EPA’s prior reduces the burden for those state, local,
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This action is not a ‘‘major rule’’ as § 68.130 List of substances. KTKY(FM) to specify operation on defined by 5 U.S.C. 804(2). It takes effect * * * * * Channel 293C2 at Taft in response to a today. petition filed by Pacific Broadcasting of Missouri, L.L.C. See 64 FR 39963, July List of Subjects in 40 CFR Part 68 TABLE 3 TO § 68.130.—LIST OF REGU LATED FLAMMABLE SUBSTANCES 1 23, 1999. The coordinates for Channel Environmental protection, Chemicals, AND THRESHOLD QUANTITIES FOR 293C2 at Taft are 27–52–00 and 97–13– Chemical accident prevention. ACCIDENTAL RELEASE PREVENTION 08. We shall also allot Channel 291A to Dated: March 3, 2000. Refugio, Texas, at coordinates 28–21–58 [Alphabetical Order–63 Substances] Carol M. Browner, and 97–19–11. Mexican concurrence Administrator. has been received for the allotments at Refugio and Taft, Texas. With this For the reasons stated in the * * * * * action, this proceeding is terminated. preamble, EPA amends 40 CFR part 68 1 A flammable substance when used as a EFFECTIVE DATE: April 17, 2000. as follows: fuel or held for sale as a fuel at a retail facility is excluded from all provisions of this part (see FOR FURTHER INFORMATION CONTACT: PART 68—[AMENDED] § 68.126). Kathleen Scheuerle, Mass Media Note: Basis for Listing: Bureau, (202) 418–2180. 1. The authority section for part 68 is a Mandated for listing by Congress. revised to read as follows: f Flammable gas. SUPPLEMENTARY INFORMATION: This is a g Authority: 42 U.S.C 7412(r), 7601 (a) (1). Volatile flammable liquid. summary of the Commission’s Report and Order, MM Docket No. 99–256, Subpart A—[Amended] TABLE 4 TO § 68.130.—LIST OF REGU adopted February 23, 2000, and released LATED FLAMMABLE SUBSTANCES 1 March 3, 2000. The full text of this 2. Section 68.3 is amended to add the AND THRESHOLD QUANTITIES FOR Commission decision is available for following definition in alphabetical ACCIDENTAL RELEASE PREVENTION inspection and copying during normal order: business hours in the Commission’s [CAS Number Order–63 Substances] § 68.3 Definitions. Reference Center, 445 12th Street, SW, Washington, DC. The complete text of * * * * * this decision may also be purchased Retail facility means a stationary * * * * * from the Commission’s copy source at which more than one-half of 1 A flammable substance when used as a contractors, International Transcription the income is obtained from direct sales fuel or held for sale as a fuel at a retail facility Services, Inc., 1231 20th Street, NW., to end users or at which more than one- is excluded from all provisions of this part (see Washington, DC 20036, (202) 857–3800, half of the fuel sold, by volume, is sold § 68.126). facsimile (202) 857–3805. through a cylinder exchange program. Note: Basis for Listing: a Mandated for listing by Congress. * * * * * f Flammable gas. List of Subjects in 47 CFR Part 73 g Volatile flammable liquid. Radio broadcasting. Subpart F—[Amended] [FR Doc. 00–5935 Filed 3–10–00; 8:45 am] Part 73 of title 47 of the Code of 3. Section 68.126 is added to subpart BILLING CODE 6560–50–P Federal Regulations is amended as F to read as follows: follows:
§ 68.126 Exclusion. FEDERAL COMMUNICATIONS PART 73—[AMENDED] Flammable Substances Used as Fuel COMMISSION or Held for Sale as Fuel at Retail 1. The authority citation for Part 73 Facilities. A flammable substance listed 47 CFR Part 73 continues to read as follows: in Tables 3 and 4 of § 68.130 is Authority: 47 U.S.C. 154, 303, 334 and 336. [DA No. 00–494, MM Docket No. 99–256; nevertheless excluded from all RM–9527] provisions of this part when the § 73.202 [Amended] substance is used as a fuel or held for Radio Broadcasting Services; Refugio 2. Section 73.202(b), the Table of FM sale as a fuel at a retail facility. and Taft, TX Allotments under Texas, is amended by 4. Section 68.130 is amended by: removing Channel 291C3 and adding A. Revising the heading of Table 3; AGENCY: Federal Communications Channel 291A at Refugio and adding B. Revising the notes to Table 3 and Commission. Taft, Channel 293C2. adding a new footnote 1; ACTION: Final rule. Federal Communications Commission. C. Revising the heading to Table 4; and SUMMARY: This document substitutes John A. Karousos, D. Revising the notes to Table 4 and Channel 293C2 for Channel 291C3 at Chief, Allocations Branch, Policy and Rules adding a new footnote 1. Refugio, Texas, reallots Channel 293C2 Division, Mass Media Bureau. The revisions and additions read as from Refugio, Texas, to Taft, Texas, and [FR Doc. 00–6052 Filed 3–10–00; 8:45 am] follows: modifies the license for Station BILLING CODE 6712–01–U
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SELECTED 1997 NAICS CODES
11 Agriculture 221119 Other Electric Power Generation 11111 Soybean Farming 2213 Water, Sewage and Other Systems 11113 Dry Pea and Bean Farming 22131 Water Supply and Irrigation Systems 11114 Wheat Farming 22132 Sewage Treatment Facilities 11115 Corn Farming 22133 Steam and Air Conditioning Supply 111191 Oilseed and Grain Farming 111199 All Other Grain Farming 23 Constuction 111211 Potato Farming 111219 Other Vegetable and Melon Farming 2333 Nonresidential Building Construction 11131 Orange Groves 11132 Other Citrus 31-33 Manufacturing 111331 Apple Orchards 311 Food Manufacturing 111332 Grape Vineyards 3111 Animal Food Manufacturing 111339 Other Non Citrus Fruit Farming 311111 Dog and Cat Food Manufacturing 111422 Floriculture Production 311119 Other Animal Food Manufacturing 11191 Tobacco Farming 31121 Flour Milling and Malt Manufacturing 11192 Cotton Farming 311211 Flour Milling 11199 All Other Crop Farming 31122 Starch and Vegetable Fats and Oils Manufacturing 11211 Beef Cattle Ranching and Farming 311221 Wet Corn Milling 11213 Dual Purpose Cattle Ranching and Farming 311222 Soybean Processing 11221 Hog and Pig Farming 311223 Other Oilseed Processing 11231 Chicken Egg Production 311225 Fats and Oils Refining and Blending 11232 Broilers and Other Chicken Production 31123 Breakfast Cereal Manufacturing 11233 Turkey Production 311313 Beet Sugar Manufacturing 11234 Poultry Hatcheries 31132 Chocolate and Confectionery Manufacturing from 11239 Other Poultry Production Cacao Beans 112511 Finfish Farming and Fish Hatcheries 31133 Confectionery Manufacturing from Purchased 11291 Apiculture Chocolate 11299 All Other Animal Production 311411 Frozen Fruit, Juice and Vegetable Manufacturing 115111 Cotton Ginning 311412 Frozen Specialty Food Manufacturing 115112 Soil Preparation 311421 Fruit and Vegetable Canning 115114 Post Harvest Crop Activities 311422 Specialty Canning 11521 Support for Animal Production 311423 Dried and Dehydrated Food Manufacturing 311511 Fluid Milk Manufacturing 21 Mining 311512 Creamery Butter Manufacturing 211 Oil and Gas Extraction 311513 Cheese Manufacturing 211111 Crude Petroleum and Natural Gas Extraction 311514 Dry, Condensed, and Evaporated Dairy 211112 Natural Gas Liquid Extraction Product Manufacturing 21211 Coal Mining 31152 Ice Cream and Frozen Dessert Manufacturing 21221 Iron Ore Mining 311611 Animal (except Poultry) Slaughtering 21222 Gold and Silver Ore Mining 311612 Meat Processed from Carcasses 21223 Copper, Nickel, Lead, and Zinc Mining 311613 Rendering and Meat By-product Processing 21229 Other Metal Ore Mining 311615 Poultry Processing 21231 Stone Mining and Quarrying 311711 Seafood Canning 212322 Industrial Sand Mining 311712 Fresh and Frozen Seafood Processing 212324 Kaolin and Bal Clay Mining 311811 Retail Bakeries 21239 Other Non-Metallic Mineral Mining 311812 Commercial Bakeries 21311 Support Activities for Mining 311813 Frozen Cakes, Pies, and Other Pastries Manufacturing 22 Utilities 311821 Cookie and Cracker Manufacturing 22111 Electric Power Generation 311822 Flour Mixes and Dough Manufacturing from 221111 Hydroelectric Power Generation Purchased Flour 221112 Fossil Fuel Electric Power Generation 311823 Dry Pasta Manufacturing 221113 Nuclear Electric Power Generation 31191 Snack Food Manufacturing Appendix B NAICS Codes B-2
311911 Roasted Nuts and Peanut Butter Manufacturing 324191 Petroleum Lubricating Oil and Grease 311919 Other Snack Food Manufacturing Manufacturing 31192 Coffee and Tea Manufacturing 324199 All Other Petroleum and Coal Products 31193 Flavoring Syrup and Concentrate Manufacturing Manufacturing 311941 Mayonnaise, Dressing and Other Prepared Sauce Manufacturing 325 Chemical Manufacturing 311991 Perishable Prepared Food Manufacturing 3251 Basic Chemical Manufacturing 311999 All Other Miscellaneous Food Manufacturing 32511 Petrochemical Manufacturing 32512 Industrial Gas Manufacturing 312 Beverage and Tobacco Product Manufacturing 32513 Synthetic Dye and Pigment Manufacturing 312111 Soft Drink Manufacturing 325131 Inorganic Dye and Pigment Manufacturing 312113 Ice Manufacturing 325132 Synthetic Organic Dye and Pigment 31212 Breweries Manufacturing 31213 Wineries 32518 Other Basic Inorganic Chemical Manufacturing 31214 Distilleries 325181 Alkalies and Chlorine Manufacturing 31222 Tobacco Product Manufacturing 325182 Carbon Black Manufacturing 325188 All Other Basic Inorganic Chemical 313 Textile Mills Manufacturing 313111 Yarn Spinning Mills 32519 Other Basic Organic Chemical Manufacturing 31323 Nonwoven Fabric Mills 325191 Gum and Wood Chemical Manufacturing 31324 Knit Fabric Mills 325192 Cyclic Crude and Intermediate Manufacturing 313241 Weft Knit Fabric Mills 325193 Ethyl Alcohol Manufacturing 31331 Textile and Fabric Finishing Mills 325199 All Other Basic Organic Chemical 313311 Broadwoven Fabric Finishing Mills Manufacturing 3252 Resin, Synthetic Rubber, and Artificial and 314 Textile Product Mills Synthetic Fibers and Filaments Manufacturing 31411 Carpet and Rug Mills 32521 Resin and Synthetic Rubber Manufacturing 31499 All Other Textile Product Mills 325211 Plastics Material and Resin Manufacturing 314992 Tire Cord and Tire Fabric Mills 325212 Synthetic Rubber Manufacturing 314999 All Other Miscellaneous Textile Product Mills 32522 Artificial and Synthetic Fibers and Filaments Manufacturing 315 Apparel Manufacturing 325221 Cellulosic Organic Fiber Manufacturing 315111 Sheer Hosiery Mills 325222 Noncellulosic Organic Fiber Manufacturing 31522 Men’s and Boys’ Cut and Sew Apparel 3253 Pesticide, Fertilizer and Other Agricultural Chemical Manufacturing 321 Wood Product Manufacturing 32531 Fertilizer Manufacturing 321219 Reconstituted Wood Product Manufacturing 325311 Nitrogenous Fertilizer Manufacturing 325312 Phosphatic Fertilizer Manufacturing 322 Paper Manufacturing 325314 Fertilizer (Mixing Only) Manufacturing 32211 Pulp Mills 32532 Pesticide and Other Agricultural Chemical 32212 Paper Mills Manufacturing 322121 Paper (except Newsprint) Mills 3254 Pharmaceutical and Medicine Manufacturing 322122 Newsprint Mills 32541 Pharmaceutical and Medicine Manufacturing 32213 Paperboard Mills 325411 Medicinal and Botanical Manufacturing 325412 Pharmaceutical Preparation Manufacturing 323 Printing and Related Support Activities 325413 In-Vitro Diagnostic Substance Manufacturing 323111 Commercial Gravure Printing 325414 Biological Product (except Diagnostic) 323117 Book Printing Manufacturing 323119 Other Commercial Printing 3255 Paint, Coating, and Adhesive Manufacturing 32551 Paint and Coating Manufacturing 324 Petroleum and Coal Products Manufacturing 32552 Adhesive Manufacturing 32411 Petroleum Refineries 3256 Soap, Cleaning Compound and Toilet Preparation Manufacturing 324121 Asphalt Paving Mixture and Block 32561 Soap and Cleaning Compound Manufacturing Manufacturing 325611 Soap and Other Detergent Manufacturing Appendix B B-3 NAICS Codes
325612 Polish and Other Sanitation Good Manufacturing Manufacturing 325613 Surface Active Agent Manufacturing 327993 Mineral Wool Manufacturing 32562 Toilet Preparation Manufacturing 327999 All Other Miscellaneous Nonmetallic Mineral 3259 Other Chemical Product Manufacturing Product Manufacturing 32591 Printing Ink Manufacturing 32592 Explosives Manufacturing 331 Primary Metal Manufacturing 32599 All Other Chemical Product and Preparation 33111 Iron and Steel Mills and Ferroalloy Manufacturing Manufacturing 331111 Iron and Steel Mills 325991 Custom Compounding of Purchased Resin 331312 Primary Aluminum Production 325992 Photographic Film, Paper, Plate and Chemical 331314 Secondary Smelting and Alloying of Aluminum Manufacturing 331315 Aluminum Sheet, Plate and Foil Manufacturing 325998 All Other Miscellaneous Chemical Product 331316 Aluminum Extruded Product Manufacturing and Preparation Manufacturing 331319 Other Aluminum Rolling and Drawing 33141 Nonferrous Metal (except Aluminum) Smelting 326 Plastics and Rubber Products Manufacturing and Refining 32611 Unsupported Plastics Film, Sheet and Bag 331411 Primary Smelting and Refining of Copper Manufacturing 331419 Primary Smelting and Refining of Nonferrous 326113 Unsupported Plastics Film and Sheet (except Metal (except Copper and Aluminum) Packaging) Manufacturing 331421 Copper Rolling, Drawing and Extruding 326121 Unsupported Plastics Profile Shape 331423 Secondary Smelting, Refining, and Alloying of Manufacturing Copper 32613 Laminated Plastics Plate, Sheet and Shape 33149 Nonferrous Metal (except Copper and Manufacturing Aluminum) Rolling, Drawing, Extruding and 32614 Polystyrene Foam Product Manufacturing Alloying 32615 Urethane and Other Foam Product (except 331491 Nonferrous Metal (except Copper and Polystyrene) Manufacturing Aluminum) Rolling, Drawing and Extruding 32616 Plastics Bottle Manufacturing 331492 Secondary Smelting, Refining, and Alloying of 32619 Other Plastics Product Manufacturing Nonferrous Metal (except Copper and 326192 Resilient Floor Covering Manufacturing Aluminum) 326199 All Other Plastics Product Manufacturing 33151 Ferrous Metal Foundries 3262 Rubber Product Manufacturing 331511 Iron Foundries 326211 Tire Manufacturing (except Retreading) 331513 Steel Foundries, (except Investment) 32629 Other Rubber Product Manufacturing 33152 Nonferrous Metal Foundries 326299 All Other Rubber Product Manufacturing 331521 Aluminum Die-Casting Foundries 331522 Nonferrous (except Aluminum) Die-Casting 327 Nonmetallic Mineral Product Manufacturing Foundries 32711 Pottery, Ceramics, and Plumbing Fixture 331524 Aluminum Foundries (except Die-Casting) Manufacturing 331525 Copper Foundries (except Die-Casting) 327111 Vitreous China Plumbing Fixtures and China 331528 Other Nonferrous Foundries (except Die- and Earthenware Bathroom Accessories Casting) Manufacturing 327125 Nonclay Refractory Manufacturing 332 Fabricated Metal Product Manufacturing 32721 Glass and Glass Product Manufacturing 33211 Forging and Stamping 327211 Flat Glass Manufacturing 332111 Iron and Steel Forging 327212 Other Pressed and Blown Glass and Glassware 332112 Nonferrous Forging Manufacturing 332116 Metal Stamping 327213 Glass Container Manufacturing 332117 Powder Metallurgy Part Manufacturing 327215 Glass Product Manufacturing Made of 33221 Cutlery and Hand Tool Manufacturing Purchased Glass 332211 Cutlery and Flatware (except Precious) 32731 Cement Manufacturing Manufacturing 32732 Ready-Mix Concrete Manufacturing 332321 Metal Window and Door Manufacturing 32739 Other Concrete Product Manufacturing 332322 Sheet Metal Work Manufacturing 32742 Gypsum Product Manufacturing 33243 Metal Can, Box, and Other Metal Container 32791 Abrasive Product Manufacturing (Light Gauge) Manufacturing 327992 Ground or Treated Mineral and Earth 33251 Hardware Manufacturing Appendix B NAICS Codes B-4
332612 Spring (Light Gauge) Manufacturing 334 Computer and Electronic Product Manufacturing 33281 Coating, Engraving, Heat Treating, and Allied 33411 Computer and Peripheral Equipment Activities Manufacturing 332811 Metal Heat Treating 334111 Electronic Computer Manufacturing 332812 Metal Coating, Engraving (except Jewelry and 334112 Computer Storage Device Manufacturing Silverware), and Allied Services to 334113 Computer Terminal Manufacturing Manufacturers 334119 Other Computer Peripheral Equipment 332813 Electroplating, Plating, Polishing, Anodizing Manufacturing and Coloring 33422 Radio and Television Broadcasting and Wireless 332912 Fluid Power Valve and Hose Fitting Communications Equipment Manufacturing Manufacturing 33441 Semiconductor and Other Electronic Component 332919 Other Metal Valve and Pipe Fitting Manufacturing Manufacturing 334411 Electron Tube Manufacturing 33299 All Other Fabricated Metal Product Manufacturing 334412 Bare Printed Circuit Board Manufacturing 332991 Ball and Roller Bearing Manufacturing 334413 Semiconductor and Related Device 332992 Small Arms Ammunition Manufacturing Manufacturing 332999 All Other Miscellaneous Fabricated Metal 334414 Electronic Capacitor Manufacturing Product Manufacturing 334415 Electronic Resistor Manufacturing 334416 Electronic Coil, Transformer, and Other 333 Machinery Manufacturing Inductor Manufacturing 33311 Agricultural Implement Manufacturing 334417 Electronic Connector Manufacturing 333111 Farm Machinery and Equipment Manufacturing 334418 Printed Circuit Assembly (Electronic 333112 Lawn and Garden Tractor and Home Lawn and Assembly) Manufacturing Garden Equipment Manufacturing 334419 Other Electronic Component Manufacturing 33312 Construction Machinery Manufacturing 334519 Other Measuring and Controlling Device 333295 Semiconductor Machinery Manufacturing Manufacturing 333298 All Other Industrial Machinery Manufacturing 334613 Magnetic and Optical Recording Media 333311 Automatic Vending Machine Manufacturing Manufacturing 333314 Optical Instrument and Lens Manufacturing 333315 Photographic and Photocopying Equipment 335 Electrical Equipment, Appliance and Manufacturing Component Manufacturing 333319 Other Commercial and Service Industry 33511 Electric Lamp Bulb and Part Manufacturing Machinery Manufacturing 335122 Commercial, Industrial and Institutional 333415 Air-Conditioning and Warm Air Heating Electric Lighting Fixture Manufacturing Equipment and Commercial and Industrial 335129 Other Lighting Equipment Manufacturing Refrigeration Equipment Manufacturing 33522 Major Appliance Manufacturing 33351 Metalworking Machinery Manufacturing 335222 Household Refrigerator and Home Freezer 333511 Industrial Mold Manufacturing Manufacturing 333512 Machine Tool (Metal Cutting Types) 33531 Electrical Equipment Manufacturing Manufacturing 335311 Power, Distribution and Specialty Transformer 333515 Cutting Tool and Machine Tool Accessory Manufacturing Manufacturing 335312 Motor and Generator Manufacturing 333611 Turbine and Turbine Generator Set Unit 33591 Battery Manufacturing Manufacturing 335911 Storage Battery Manufacturing 333613 Mechanical Power Transmission Equipment 335912 Primary Battery Manufacturing Manufacturing 335921 Fiber Optic Cable Manufacturing 333618 Other Engine Equipment Manufacturing 333911 Pump and Pumping Equipment Manufacturing 33599 All Other Electrical Equipment and 333924 Industrial Truck, Tractor, Trailer and Stacker Component Manufacturing Machinery Manufacturing 335991 Carbon and Graphite Product Manufacturing 333995 Fluid Power Cylinder and Actuator Manufacturing 335999 All Other Miscellaneous Electrical Equipment 333996 Fluid Power Pump and Motor Manufacturing and Component Manufacturing 333999 All Other Miscellaneous General Purpose Machinery Manufacturing 336 Transportation Equipment Manufacturing 33611 Automobile and Light Duty Motor Vehicle Appendix B B-5 NAICS Codes
Manufacturing 337211 Wood Office Furniture Manufacturing 336111 Automobile Manufacturing 336112 Light Truck and Utility Vehicle Manufacturing 339 Miscellaneous Manufacturing 33612 Heavy Duty Truck Manufacturing 33911 Medical Equipment and Supplies Manufacturing 33621 Motor Vehicle Body and Trailer Manufacturing 339112 Surgical and Medical Instrument Manufacturing 336211 Motor Vehicle Body Manufacturing 339113 Surgical Appliance and Supplies Manufacturing 336212 Truck Trailer Manufacturing 339114 Dental Equipment and Supplies Manufacturing 336213 Motor Home Manufacturing 3399 Other Miscellaneous Manufacturing 336214 Travel Trailer and Camper Manufacturing 33991 Jewelry and Silverware Manufacturing 33631 Motor Vehicle Gasoline Engine and Engine Parts 339911 Jewelry (except Costume) Manufacturing Manufacturing 339912 Silverware and Plated Ware Manufacturing 336311 Carburetor, Piston, Piston Ring and Valve 339913 Jewelers' Material and Lapidary Work Manufacturing Manufacturing 336312 Gasoline Engine and Engine Parts Manufacturing 339914 Costume Jewelry and Novelty Manufacturing 33632 Motor Vehicle Electrical and Electronic 339991 Gasket, Packing, and Sealing Device Equipment Manufacturing Manufacturing 336321 Vehicular Lighting Equipment Manufacturing 339994 Broom, Brush and Mop Manufacturing 336322 Other Motor Vehicle Electrical and Electronic 339999 All Other Miscellaneous Manufacturing Equipment Manufacturing 33633 Motor Vehicle Steering and Suspension 42 Wholesale Trade Components (except Spring) Manufacturing 421 Wholesale Trade, Durable Goods 33634 Motor Vehicle Brake System Manufacturing 42149 Other Professional Equipment and Supplies 33635 Motor Vehicle Transmission and Power Train 42171 Hardware Wholesalers Parts Manufacturing 42181 Construction and Mining Machinery 33636 Motor Vehicle Seating and Interior Trim 42184 Industrial Supplies Manufacturing 33637 Motor Vehicle Metal Stamping 422 Wholesale Trade, Nondurable Goods 33639 Other Motor Vehicle Parts Manufacturing 42211 Printing and Writing Paper Wholesalers 336391 Motor Vehicle Air-Conditioning Manufacturing 4224 Grocery and Related Product Wholesalers 336399 All Other Motor Vehicle Parts Manufacturing 42241 General Line Grocery Wholesalers 33641 Aerospace Product and Parts Manufacturing 42242 Packaged Frozen Food Wholesalers 336411 Aircraft Manufacturing 42243 Dairy Product (except Dried or Canned) 336412 Aircraft Engine and Engine Parts Manufacturing Wholesalers 336413 Other Aircraft Part and Auxiliary Equipment 42244 Poultry and Poultry Product Wholesalers Manufacturing 42246 Fish and Seafood Wholesalers 336414 Guided Missile and Space Vehicle 42247 Meat and Meat Product Wholesalers Manufacturing 42248 Fresh Fruit and Vegetable Wholesalers 336415 Guided Missile and Space Vehicle Propulsion 42249 Other Grocery and Related Products Wholesalers Unit and Propulsion Unit Parts Manufacturing 4225 Farm Product Raw Material Wholesalers 336419 Other Guided Missile and Space Vehicle Parts 42251 Grain and Field Bean Wholesalers and Auxiliary Equipment Manufacturing 42252 Livestock Wholesalers 33651 Railroad Rolling Stock Manufacturing 42259 Other Farm Product Raw Material Wholesalers 33661 Ship and Boat Building 4226 Chemical and Allied Products Wholesalers 336611 Ship Building and Repairing 42261 Plastics Materials and Basic Forms and Shapes 336612 Boat Building Wholesalers 33699 Other Transportation Equipment Manufacturing 42269 Other Chemical and Allied Products Wholesalers 336991 Motorcycle, Bicycle and Parts Manufacturing 42271 Petroleum Bulk Stations and Terminals 336992 Military Armored Vehicle, Tank and Tank 42272 Petroleum and Petroleum Products Wholesalers Component Manufacturing (except Bulk Stations and Terminals) 336999 All Other Transportation Equipment 42281 Beer and Ale Wholesalers Manufacturing 42282 Wine and Distilled Alcoholic Beverage Wholesalers 337 Furniture and Related Product Manufacturing 4229 Miscellaneous Nondurable Goods Wholesalers 33712 Household and Institutional Furniture 42291 Farm Supplies Wholesalers Manufacturing 42299 Other Miscellaneous Nondurable Goods Appendix B NAICS Codes B-6
61 Educational Services 44-45 Retail Trade 6111 Elementary and Secondary Schools 4411 Automobline Dealers 61131 Colleges, Universities, Professional Schools 442291Window Treatment Stores 4441 Building Material and Supplies Dealers 62 Health Care and Social Assistance 44422 Nursery and Garden Centers 62151 Medical and Diagnostic Laboratories 44511 Grocery Stores 621511 Medical Laboratories 44523 Fruit and Vegetable Markets 62211 General Medical and Surgical Hospitals 44711 Gasoline Stations 6222 Psychiatric and Substance Abuse Hospitals 45291 Warehouse Clubs and Superstores 62221 Psychiatric and Substance Abuse Hospitals 45399 All Other Miscellaneous Store Retailers 6223 Specialty (except Psychiatric and Substance Abuse) Hospitals 48-49 Transportation and Warehousing 62231 Specialty (except Psychiatric and Substance 488 Support Activities for Transportation Abuse) Hospitals 48211 Rail Transportation 48311 Water Transportation 4842 Specialized Freight Trucking 48511 Urban Transit Systems 486 Pipeline Transportation 48811 Airport Operations 488119 Other Airport Operations 48819 Other Support Activities for Air Transportation 48821 Support Activities for Rail Transportation 48832 Marine Cargo Handling 48839 Other Support Activities for Water Transportation
493 Warehousing and Storage 49311 General Warehousing and Storage 49312 Refrigerated Warehousing and Storage 49313 Farm Product Warehousing and Storage 49319 Other Warehousing and Storage
54 Professional, Scientific, and Technical Services 54138 Testing Labs 54171 Research and Development in the Physical, Engineering, and Life Sciences
56 Administrative and Support , Waste Management and Remediation Services 561431 Private Mail Centers 56179 Other Services to Buildings 56221 Waste Treatment and Disposal 562211 Hazardous Waste Treatment and Disposal 562212 Solid Waste Landfill 562213 Solid Waste Combustors and Incinerators 562219 Other Nonhazardous Waste Treatment and Disposal 5629 Remediation and Other Waste Management Services 56291 Remediation Services 56292 Materials Recovery Facilities 56299 All Other Waste Management Services 562998 All Other Miscellaneous Waste Management Services