[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: 40CFR68.12]

[Page 162-163]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 68--CHEMICAL ACCIDENT PREVENTION PROVISIONS--Table of Contents
 
                           Subpart A--General
 
Sec. 68.12  General requirements.

    (a) General requirements. The owner or operator of a stationary 
source subject to this part shall submit a single RMP, as provided in 
Secs. 68.150 to 68.185. The RMP shall include a registration that 
reflects all covered processes.
    (b) Program 1 requirements. In addition to meeting the requirements 
of paragraph (a) of this section, the owner or operator of a stationary 
source with a process eligible for Program 1, as provided in 
Sec. 68.10(b), shall:
    (1) Analyze the worst-case release scenario for the process(es), as 
provided in Sec. 68.25; document that the nearest public receptor is 
beyond the distance to a toxic or flammable endpoint defined in 
Sec. 68.22(a); and submit in the RMP the worst-case release scenario as 
provided in Sec. 68.165;
    (2) Complete the five-year accident history for the process as 
provided in Sec. 68.42 of this part and submit it in the RMP as provided 
in Sec. 68.168;
    (3) Ensure that response actions have been coordinated with local 
emergency planning and response agencies; and
    (4) Certify in the RMP the following: ``Based on the criteria in 40 
CFR 68.10, the distance to the specified endpoint

[[Page 163]]

for the worst-case accidental release scenario for the following 
process(es) is less than the distance to the nearest public receptor: 
[list process(es)]. Within the past five years, the process(es) has 
(have) had no accidental release that caused offsite impacts provided in 
the risk management program rule (40 CFR 68.10(b)(1)). No additional 
measures are necessary to prevent offsite impacts from accidental 
releases. In the event of fire, explosion, or a release of a regulated 
substance from the process(es), entry within the distance to the 
specified endpoints may pose a danger to public emergency responders. 
Therefore, public emergency responders should not enter this area except 
as arranged with the emergency contact indicated in the RMP. The 
undersigned certifies that, to the best of my knowledge, information, 
and belief, formed after reasonable inquiry, the information submitted 
is true, accurate, and complete. [Signature, title, date signed].''
    (c) Program 2 requirements. In addition to meeting the requirements 
of paragraph (a) of this section, the owner or operator of a stationary 
source with a process subject to Program 2, as provided in 
Sec. 68.10(c), shall:
    (1) Develop and implement a management system as provided in 
Sec. 68.15;
    (2) Conduct a hazard assessment as provided in Secs. 68.20 through 
68.42;
    (3) Implement the Program 2 prevention steps provided in Secs. 68.48 
through 68.60 or implement the Program 3 prevention steps provided in 
Secs. 68.65 through 68.87;
    (4) Develop and implement an emergency response program as provided 
in Secs. 68.90 to 68.95; and
    (5) Submit as part of the RMP the data on prevention program 
elements for Program 2 processes as provided in Sec. 68.170.
    (d) Program 3 requirements. In addition to meeting the requirements 
of paragraph (a) of this section, the owner or operator of a stationary 
source with a process subject to Program 3, as provided in Sec. 68.10(d) 
shall:
    (1) Develop and implement a management system as provided in 
Sec. 68.15;
    (2) Conduct a hazard assessment as provided in Secs. 68.20 through 
68.42;
    (3) Implement the prevention requirements of Secs. 68.65 through 
68.87;
    (4) Develop and implement an emergency response program as provided 
in Secs. 68.90 to 68.95 of this part; and
    (5) Submit as part of the RMP the data on prevention program 
elements for Program 3 processes as provided in Sec. 68.175.

[61 FR 31718, June 20, 1996]