[Code of Federal Regulations]
[Title 40, Volume 13]
[Revised as of January 1, 2003]
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 (CONTINUED)
 
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 
Sec.Sec. 68.150 to 68.185. The RMP shall include a 
registration that reflects all covered processes.
    (b) Program 1 requirements. In addition to meeting the requirements 
of paragraph (a) of this section, the owner or operator of a stationary 
source with a process eligible for Program 1, as provided in 
Sec. 68.10(b), shall:
    (1) Analyze the worst-case release scenario for the process(es), as 
provided in Sec. 68.25; document that the nearest public 
receptor is beyond the distance to a toxic or flammable endpoint defined 
in Sec. 68.22(a); and submit in the RMP the worst-case release 
scenario as provided in Sec. 68.165;
    (2) Complete the five-year accident history for the process as 
provided in Sec. 68.42 of this part and submit it in the RMP 
as provided in Sec. 68.168;
    (3) Ensure that response actions have been coordinated with local 
emergency planning and response agencies; and
    (4) Certify in the RMP the following: ``Based on the 
criteria in 40 CFR 68.10, the distance to the specified endpoint for the 
worst-case accidental release scenario for the following process(es) is 
less than the distance to the nearest public receptor: [list 
process(es)]. Within the past five years, the process(es) has (have) had 
no accidental release that caused offsite impacts provided in the risk 
management program rule (40 CFR 68.10(b)(1)). No additional measures are 
necessary to prevent offsite impacts from accidental releases. In the 
event of fire, explosion, or a release of a regulated substance from the 
process(es), entry within the distance to the specified endpoints may 
pose a danger to public emergency responders. Therefore, public 
emergency responders should not enter this area except as arranged with 
the emergency contact indicated in the RMP. The undersigned certifies 
that, to the best of my knowledge, information, and belief, formed after 
reasonable inquiry, the information submitted is true, accurate, and 
complete. [Signature, title, date signed].''
    (c) Program 2 requirements. In addition to meeting the requirements 
of paragraph (a) of this section, the owner or operator of a stationary 
source with a process subject to Program 2, as provided in 
Sec. 68.10(c), shall:

[[Page 163]]

    (1) Develop and implement a management system as provided in 
Sec. 68.15;
    (2) Conduct a hazard assessment as provided in 
Sec.Sec. 68.20 through 68.42;
    (3) Implement the Program 2 prevention steps provided in 
Sec.Sec. 68.48 through 68.60 or implement the 
Program 3 prevention steps provided in Sec.Sec. 
68.65 through 68.87;
    (4) Develop and implement an emergency response program as provided 
in Sec.Sec. 68.90 to 68.95; and
    (5) Submit as part of the RMP the data on prevention program 
elements for Program 2 processes as provided in Sec. 68.170.
    (d) Program 3 requirements. In addition to meeting the requirements 
of paragraph (a) of this section, the owner or operator of a stationary 
source with a process subject to Program 3, as provided in 
Sec. 68.10(d) shall:
    (1) Develop and implement a management system as provided in 
Sec. 68.15;
    (2) Conduct a hazard assessment as provided in 
Sec.Sec. 68.20 through 68.42;
    (3) Implement the prevention requirements of 
Sec.Sec. 68.65 through 68.87;
    (4) Develop and implement an emergency response program as provided 
in Sec.Sec. 68.90 to 68.95 of this part; and
    (5) Submit as part of the RMP the data on prevention program 
elements for Program 3 processes as provided in Sec. 68.175.

[61 FR 31718, June 20, 1996]