Frequent Questions

If a stationary source has processes ineligible for Program 1, are all processes ineligible?

If a stationary source has several processes that are covered under 40 CFR Part 68, and some of those processes have had an accidental release within the past five years (effectively making those processes ineligible for Program 1 status), are the individual processes from which no accidents have occurred also ineligible for Program 1 status?

No.  Eligibility determinations for Program 1 status are made separately for each process.  If any individual process meets all of the criteria listed at 40 CFR §68.10(b), that process is eligible for Program 1 status.

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