The risk management program regulations in 40 CFR Part 68 are applicable to owners or operators of stationary sources at which more than a threshold quantity of a regulated substance is present in a process (40 CFR Section 68.10(a)). Are all covered processes subject to identical risk management program requirements?
No. To ensure that individual processes are subject to requirements commensurate with their size and process type, EPA has classified them into three categories, or "programs." Program 3 processes are subject to the most comprehensive requirements and comprise relatively complex chemical processing operations in specified North American Industrial Classification System (NAICS) codes and processes already subject to the OSHA process safety management (PSM) standard. Program 2 processes are subject to a streamlined version of the requirements, and include generally less complex operations that do not involve chemical processing. Program 1 processes, subject to minimal requirements, are those from which a worst-case release would not affect the public. Further, owners or operators of stationary sources with processes in Programs 2 or 3 have flexibility under the rule to tailor their programs to best meet their own risk management needs.