Professional Documents
Culture Documents
I (7–1–04 Edition)
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:
(1) Accident history of the stationary substitute revisions.
source; (2) The written response under para-
(2) Accident history of other sta- graph (f)(1) of this section shall be re-
tionary sources in the same industry; ceived by the implementing agency
(3) Quantity of regulated substances within 90 days of the issue of the pre-
present at the stationary source; liminary determination or a shorter
(4) Location of the stationary source period of time as the implementing
and its proximity to the public and en- agency specifies in the preliminary de-
vironmental receptors; termination as necessary to protect
(5) The presence of specific regulated public health and the environment.
substances; Prior to the written response being due
(6) The hazards identified in the and upon written request from the
RMP; and owner or operator, the implementing
(7) A plan providing for neutral, ran- agency may provide in writing addi-
dom oversight. tional time for the response to be re-
(c) Exemption from audits. A sta- ceived.
tionary source with a Star or Merit (g) After providing the owner or oper-
ranking under OSHA’s voluntary pro- ator an opportunity to respond under
tection program shall be exempt from paragraph (f) of this section, the imple-
audits under paragraph (b)(2) and (b)(7) menting agency may issue the owner
of this section. or operator a written final determina-
(d) The implementing agency shall
tion of necessary revisions to the sta-
have access to the stationary source,
tionary source’s RMP. The final deter-
supporting documentation, and any
mination may adopt or modify the re-
area where an accidental release could
occur. visions contained in the preliminary
(e) Based on the audit, the imple- determination under paragraph (e) of
menting agency may issue the owner this section or may adopt or modify
or operator of a stationary source a the substitute revisions provided in the
written preliminary determination of response under paragraph (f) of this
necessary revisions to the stationary section. A final determination that
source’s RMP to ensure that the RMP adopts a revision rejected by the owner
meets the criteria of subpart G of this or operator shall include an expla-
part. The preliminary determination nation of the basis for the revision. A
shall include an explanation for the final determination that fails to adopt
basis for the revisions, reflecting indus- a substitute revision provided under
try standards and guidelines (such as paragraph (f) of this section shall in-
AIChE/CCPS guidelines and ASME and clude an explanation of the basis for
API standards) to the extent that such finding such substitute revision unrea-
standards and guidelines are applica- sonable.
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Environmental Protection Agency Pt. 68, App. A
(h) Thirty days after completion of (i) The public shall have access to the
the actions detailed in the implemen- preliminary determinations, responses,
tation schedule set in the final deter- and final determinations under this
mination under paragraph (g) of this section in a manner consistent with
section, the owner or operator shall be § 68.210.
in violation of subpart G of this part (j) Nothing in this section shall pre-
and this section unless the owner or clude, limit, or interfere in any way
operator revises the RMP prepared with the authority of EPA or the state
under subpart G of this part as required to exercise its enforcement, investiga-
by the final determination, and sub- tory, and information gathering au-
mits the revised RMP as required thorities concerning this part under
under § 68.150. the Act.
Toxic end-
CAS No. Chemical name point (mg/L)
191
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Pt. 69 40 CFR Ch. I (7–1–04 Edition)
[As defined in § 68.22 of this part]
Toxic end-
CAS No. Chemical name point (mg/L)
[61 FR 31729, June 20, 1996, as amended at 62 FR 45132, Aug. 25, 1997]
192
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