[Code of Federal Regulations]
[Title 40, Volume 15]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR68.12]

[Page 161-162]
 
                   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

[[Page 162]]

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

[61 FR 31718, June 20, 1996]