[Code of Federal Regulations]
[Title 40, Volume 12]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR68.10]

[Page 162]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 68--CHEMICAL ACCIDENT PREVENTION PROVISIONS--Table of Contents
 
                           Subpart A--General
 
Sec. 68.10  Applicability.

    (a) An owner or operator of a stationary source that has more than a 
threshold quantity of a regulated substance in a process, as determined 
under Sec. 68.115, shall comply with the requirements of this part no 
later than the latest of the following dates:
    (1) June 21, 1999;
    (2) Three years after the date on which a regulated substance is 
first listed under Sec. 68.130; or
    (3) The date on which a regulated substance is first present above a 
threshold quantity in a process.
    (b) Program 1 eligibility requirements. A covered process is 
eligible for Program 1 requirements as provided in Sec. 68.12(b) if it 
meets all of the following requirements:
    (1) For the five years prior to the submission of an RMP, the 
process has not had an accidental release of a regulated substance where 
exposure to the substance, its reaction products, overpressure generated 
by an explosion involving the substance, or radiant heat generated by a 
fire involving the substance led to any of the following offsite:
    (i) Death;
    (ii) Injury; or
    (iii) Response or restoration activities for an exposure of an 
environmental receptor;
    (2) The distance to a toxic or flammable endpoint for a worst-case 
release assessment conducted under Subpart B and Sec. 68.25 is less than 
the distance to any public receptor, as defined in Sec. 68.30; and
    (3) Emergency response procedures have been coordinated between the 
stationary source and local emergency planning and response 
organizations.
    (c) Program 2 eligibility requirements. A covered process is subject 
to Program 2 requirements if it does not meet the eligibility 
requirements of either paragraph (b) or paragraph (d) of this section.
    (d) Program 3 eligibility requirements. A covered process is subject 
to Program 3 if the process does not meet the requirements of paragraph 
(b) of this section, and if either of the following conditions is met:
    (1) The process is in NAICS code 32211, 32411, 32511, 325181, 
325188, 325192, 325199, 325211, 325311, or 32532; or
    (2) The process is subject to the OSHA process safety management 
standard, 29 CFR 1910.119.
    (e) If at any time a covered process no longer meets the eligibility 
criteria of its Program level, the owner or operator shall comply with 
the requirements of the new Program level that applies to the process 
and update the RMP as provided in Sec. 68.190.
    (f) The provisions of this part shall not apply to an Outer 
Continental Shelf (``OCS'') source, as defined in 40 CFR 55.2.

[61 FR 31717, June 20, 1996, as amended at 63 FR 645, Jan. 6, 1998; 64 
FR 979, Jan. 6, 1999]