On May 24, 1996, the USEPA Administrator signed the final rule for Risk Management Programs: Accidental Release prevention Requirements under Section 112(r)(7) of the Clean Air Act Amendments (CAAA), 1990. This final rule was published in the Federal Register on June 20, 1996 (Fed. Reg. Vol. 61, No. 120 pg. 31668-31732).

Overview

This rule was enacted to ensure that facilities handling certain hazardous substances take steps to understand the hazards of the chemical and the processes they use, implement the necessary chemical accident prevention steps for the safe operation of their processes, and respond and mitigate the effects of any accidental releases that do occur. Facilities must document their efforts in a risk management plan (RMP) and share risk and right-to-know information with state and local entities and make it available to the public to facilitate discussion about the best ways to reduce risk from chemical accidents.

Questions and Answers

How did Section 112r of the Clean Air Act Amendments (CAAA) come about?
What is the purpose of 112r?
What was EPA mandated to do by Congress for 112r?
Who is subject to 112r?
What must sources do to comply with 112r?
When must sources comply with 112r?
Must all sources comply using the same 112r criteria?
What is the eligibility criteria for Programs 1, 2, and 3?
What are the requirements for Programs 1, 2, and 3?
What do I do with the RMP once it is complete?
Must sources supply information at this time?

How did Section 112r of the Clean Air Act Amendments (CAAA) come about?

The risk management planning requirements of CAA section 112r complement and support the Emergency planning and Community Right-to-Know Act (EPCRA) of 1986. EPCRA gave local communities the ability to prepare for and respond to chemical accidents. The law requires communities to develop emergency response plans, based on information from industry on their hazardous chemicals. However. the focus of this legislation was on the states and local communities to prepare for accidental releases. EPCRA did not require facilities to establish accident prevention programs. Under the new CAA requirements, now it is the stationary sources (facilities) that must identify and assess their chemical hazards and carry out certain activities designed to reduce the likelihood and severity of accidental chemical releases. Simply put, EPCRA covers an accidental release from the facility property-line out into the community; whereas, 112r is suppose to prevent an accidental release from occurring inside the facility property-line.

What is the purpose of 112r?

To prevent an accidental chemical release to the air, and mitigate the consequences of such releases by focusing prevention measures on chemicals posing the greatest risk to the public and the environment.

What was EPA mandated to do by Congress for 112r?

Under section 112r(r)(3)-(5) EPA promulgated a list of regulated substances, with threshold quantities on January 31, 1994 (59 FR 4478). This list defines the stationary sources that are subject to this regulation. On April 15, 1996, EPA proposed modifications to the list rule requirements related to flammable mixtures, naturally occurring hydrocarbon mixtures, gasoline and explosives. The final rule package includes a stay of applicability of list provisions addressed by the proposed list modification until EPA takes final action the modifications.

Additionally, EPA developed guidance to prevent, detect, and respond to accidental chemical releases from sources (facilities). This guidance requires sources to develop, and implement risk management programs that incorporate three elements: 1) a hazard assessment; 2) a prevention program; and 3) an emergency response program.

Who is subject to 112r?

Owners or operators of stationary sources with processes that have more than a threshold quantity of a regulated substance in a process must comply with 112r.This includes general manufacturers, chemical manufacturers, certain wholesalers and retailers, drinking water systems, wastewater treatment facilities, ammonia refrigeration systems, utilities, and federal facilities. However, there are some exemptions. In the transportation sector, pipelines and vehicles under active shipping orders will be exempt. Additionally, facilities handling explosives, exploration/production facilities for oil and gas, gasoline, and farmers using ammonia as a fertilizer will also be exempt.

Nationally, EPA estimates ~66,000 sources to be covered by this rule with ~30% of those being Title V applicants. In Michigan, it is uncertain the exact number of sources that must comply with the rule.

What must sources do to comply with 112r?

A source will have to develop a Risk Management Plan (RMP), and register (submit) this plan with the implementing agency. The potential for off-site consequences associated with a worst-case accidental release, accident history, or compliance with the prevention requirements under OSHA's Process Safety Management Standard will determine how detailed this RMP will be.

When must sources comply with 112r?

Sources must comply: 1) no later than June 21, 1999; or 2) three years after the date on which a regulated substance is first listed; or 3) the date on which a regulated substance is first present in more than a threshold quantity in a process whichever is later.

Must all sources comply using the same 112r criteria?

No. Processes subject 112r are divided into 3 programs based on the potential for offsite consequences associated with a worst-case accidental release, accident history, or compliance with the prevention requirements under OSHA's Process Safety Management Standard. Eligibility for any given program is based on process criteria so that classification of one process in a program does not influence the classification of other processes at the source. For example, if a process meets Program 1 criteria, the source need only satisfy Program 1 requirements for that process, even if other processes at the source are subject to Program 2 or Program 3. A source, therefore, could have processes in one or more of the three Programs.

What is the eligibility criteria for Programs 1, 2, and 3?

What are the requirements for Programs 1, 2, and 3?

In summary, Program 1 processes are not required to implement a prevention program, an emergency response program, or a management system. Sources with processes in Program 2 and Program 3 must address each of the above elements except for differences in detail.

What do I do with the RMP once it is complete?

One copy of the RMP must be available onsite. Another copy will be submitted in a method and format to a central point specified by EPA prior to June 21,1999. In other words, EPA is developing a reporting mechanism and form to collect RMPs in a way that encourages electronic submission. To support electronic submission and reduce the reporting burden, EPA has standardized reporting requirements. With the exception of the executive summary, data elements will be check-off boxes, yes/no answers, or numerical entries.

Must sources supply information at this time?

Yes. If a source is subject to the Renewable Operating Permit Program and is also subject to the Federal Accidental Release program, 40 CFR Part 68 section 112(r) must be identified as an applicable requirement in the ROP application. How this requirement will be addressed in the final RO permit will depend on whether the permit is issued before or after the compliande deadline of 112(r). For the purpose of submitting the RO permit application, a source should do the following:

Select "yes" for Item 6 on Form S-001 to indicate the source is subject to the Federal Accidental Release Program requirements. On form AR-002, include 112(r) as an applicable requirement for any group (Emission Unit/Process Group or Flexible Grouping) which may have an accidental release of a toxic substance regulated by 112(r). Each time 112(r) is identified on Form AR-002, use "other" for the AR Type and select "future" for the Requirement Applicability. On page 2 of the form, select "no" for the Compliance Status. The Basis for Compliance ID and Continued Compliance may be left blank, however the source must indicate whether it. will meet this requirement on a timely basis. If the source will meet the requirement on a timely basis, provide information as to when a Risk Management Plan (RMP) will be registered and submitted by attaching Form AI-001. If the source cannot meet this requirement on a timely basis, provide a compliance plan suing Form CP-001. A Basis for Compliance ID or Form AI-001 with additional information is also required if Form CP-001 is used. For additional information, sources should contact their district offices.