Frequent Questions

Are there any industry exemptions from the risk management program regulations?

Are there any overall industry exemptions from the Accidental Release Prevention provisions and Risk Management Program regulations?

No.  However, there are exemptions that are widely applicable and affect many facilities in certain sectors. For example, ammonia used as an agricultural nutrient, when held by farmers, is exempt from part 68.  Due to this exemption, most farmers are not subject to part 68 requirements (farmers holding ammonia for other uses, or holding other regulated substances, may still be subject to part 68).  Additionally, flammable substances used as fuel, or held for sale as fuel at a retail facility, are excluded from the provisions of the rule.  This exclusion applies to many facilities that use liquefied petroleum gases for fuel, and to propane retail facilities.  In addition to these, there are other exemptions that apply to certain facilities.  For detailed information on part 68 exemptions, consult the regulation itself and the General Guidance on Risk Management Programs for Chemical Accident Prevention. Otherwise, owners and operators of stationary sources are subject to part 68 if any process at the stationary source contains a regulated substance in excess of the applicable threshold quantity (40 CFR §68.10).

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