STEP 3: Do any one of the regulated chemicals I have meet any of the following requirements for exemption to the RMP rule?
Yes. One or more of these exemptions apply to the regulated substance I have.
- Flammable fuels used as fuel or held for sale as fuel at a retail facility are not covered by the RMP program. However, flammable fuels used as a feedstock or held for sale as fuel at a wholesale facility are still covered. A retail facility is a facility at which more than one-half of the income is obtained from direct sales to end users or at which more than one-half of the fuel sold, by volume, is sold through a cylinder exchange program. (Chemical Safety Information, Site Security and Fuels Regulatory Relief Act, Public Law 106-40)
- Ammonia used as an agricultural nutrient, when held by farmers is exempt. (40 CFR 68.125)
- Gasoline (which includes some of the regulated chemicals) that is used for internal combustion engines is exempt.(40 CFR 68.115 (b) (2) (ii))
- Regulated substances in naturally occurring hydrocarbon mixtures (natural gas condensate, crude oil, field gas, and produced water) prior to initial processing in a petroleum refining process unit or a natural gas processing plant are exempt.(40 CFR 68.115 (b) (2) (iii))
- Any source located on the outer continental shelf (e.g. oil rigs, production platforms, etc.) is exempt.(40 CFR 68.10 (f))
- Regulated substances contained in articles are exempt. Articles are defined as manufactured items that are formed to a specific shape or design during manufacture, that have end use functions dependent in whole or in part upon the shape or design during end use, and that do not release or otherwise result in exposure to a regulated substance under normal conditions of processing and use.(40 CFR 68.115 (b) (4))
- A regulated flammable substance that is present in a mixture is exempt if it comprises less than one percent by weight of the mixture. If the regulated substance comprises more than one percent by weight of the mixture and the mixture has a flash point greater than 22.8 degrees C (73 F) and a boiling point above 37.8 degrees C (100 F) or the mixture does not meet the NFPA flammability rating of 4 or higher, then the mixture is exempt.(40 CFR 68.115 (b) (2))
- A regulated toxic substance that is present in a mixture is exempt if it comprises less than one percent by weight of the mixture. If the regulated substance comprises more than one percent by weight of the mixture and if the partial pressure of the regulated toxic substance in the mixture is less than 10mm mercury, then the mixture is exempt*. Four aqueous solutions already have specified concentrations that make them subject and therefore should not be considered in this mixture exemption. These four solutions are ammonia (20%), hydrochloric acid (37%), hydrofluoric acid (50%) and nitric acid (80%). *Does not apply to Oleum; toluene 2,4- diisocyanate; toluene 2,6-diisocyanate; toluene diisocyanate.(40 CFR 68.115 (b) (1))
- Regulated substances used for the following purposes are exempted: (1) use as a structural component of the stationary source, (2) use of products for routine janitorial maintenance, (3) foods, drugs, cosmetics, or other personal items containing the regulated substance used by employees, (4) use of regulated substances present in process water or non-contact cooling water as drawn from the environment or municipal sources or use of regulated substances present in air used either as compressed air or as part of combustion.(40 CFR 68.115 (b) (5))
- Regulated substances used in laboratories at a stationary source under the supervision of a technically qualified individual are exempt. This exemption does not apply to (1) specialty chemical production, (2) manufacture, processing or use of substances in pilot plant scale operations and (3) activities conducted outside the laboratory.(40 CFR 68.115 (b) (6))
No. None of these exemptions apply to the regulated substance I have.