Some propane bulk plants need an EPA Risk Management Plan. Others do not. Start with the fuel exclusion in 40 CFR 68.126. Listed flammables used as fuel, or held for sale as fuel at a retail facility, are excluded from Part 68. Check what the plant holds. Check its use and sales too.
Does the 10,000-pound threshold settle it?
No. 40 CFR 68.130 lists propane, CAS 74-98-6, at 10,000 pounds. Read that with the fuel exclusion. Tank size alone does not settle coverage.
A retail facility has a specific meaning here. EPA's explanation describes two tests: more than half its annual income in the prior calendar or fiscal year is from direct sales to end users, or more than half its fuel volume is sold through cylinder exchange. A retail sign or company name does not prove either test.
What should we give our adviser?
Our advice is to gather these facts for the review:
- The facility and processes to assess.
- Current inventories and records of use.
- Direct sales, cylinder exchange and wholesale sales records.
- Changes since the last review.
- The earlier written finding, if there is one.
Ask the adviser to document the exclusion analysis before applying covered-process rules. Keep the finding and its supporting facts together.
Does an exclusion settle every plant rule?
No. Part 68 is one program. Other safety rules may still apply. Ask the relevant regulator, local authority, insurer and qualified advisers. Do not call the plant fully compliant based on one exclusion.
See training recognition and hazmat training records. This is US background, not a finding about your facility, an engineering review or legal advice.