Accidental Release Prevention Program
Section 112(r) of the Clean Air Act

UPDATE ---FINAL RULE PUBLISHED IN FEDERAL REGISTER---

April 9, 2004.

The amendments to the Chemical Accident Prevention Rule were published in the Federal Register on April 9, 2004. The full citation and link are given below.

Accidental Release Prevention Requirements: Risk Management Program Requirements Under Clean Air Act Section 112(r)(7); Amendments to the Submission Schedule and Data Requirements; Final Rule. 69 FR 18819, April 9, 2004.

A Factsheet "Changes to the Chemical Accident Prevention Rule (Risk Management Program) in 2004" (March 2004) (pdf) provides additional information about the reporting deadlines and the recent changes to the RMP reporting requirements.

Frequently Asked Questions (FAQs) for the Amendments Rule

RMP*Submit 2004  is now available.

What's Next - RMP 2004

BACKGROUND

Public awareness of the potential danger from accidental releases of hazardous substances has increased with the occurrence of several chemical accidents over the years. Public concern was heightened following a major chemical accident in Bhopal, India, in 1984, which killed more than 2,000 people. There was also a major chemical release in Institute, West Virginia, in 1985 which caused more than 100 people to be hospitalized and raised American's awareness that this kind of accident is possible in the United States. In response to those incidents, Congress, in 1986, enacted the Emergency Planning and Community Right-to-Know Act (EPCRA) (pdf), also known as Title III of the Superfund Amendments and Reauthorization Act (SARA). This law requires states to establish State Emergency Response Commissions (SERC's) and Local Emergency Planning Committees (LEPC's) to develop emergency response plans for each community. SERC's are made up of agencies and sometimes industry and public representatives to develop coordinated responses to emergencies. LEPC's are required to have representatives from 15 disciplines or responsibilities in the community, including health, fire, industry, the general public, and public safety employees. South Carolina has 46 LEPC's, one in each county. Under EPCRA, facilities are required to submit annual inventories of hazardous chemicals they handle to the SERC and LEPC. With this information, the SERC and LEPC's are required to plan for emergencies to ensure that when an accidental release occurs, the local responders will be able to take quick, effective actions to protect public health and the environment. The EPA has realized; however, that emergency response alone is not enough. More emphasis needs to be placed on the prevention of accidents.

for more information...

Is your facility subject to the Accidental Release Prevention Requirements [Section 112(r)] of the Clean Air Act? (pdf)

Emergency Planning and Community Right-to-Know Homepage

Emergency Planning and Community Right-to-Know Hotline - Publicly accessible. Provides up-to-date information on several EPA programs, including 112(r).

The SARA Title III Factsheet: The Emergency Planning and Community Right-to-Know Act (pdf) Issued January 1993.

LEPC/TERC/SERC Guidances

112(r) OVERVIEW and BACKGROUND

On June 20, 1996, the U.S. Environmental Protection Agency (EPA) issued the Risk Management Program Rule under Section 112(r) of the Clean Air Act Amendment of 1990. This rule is aimed at preventing accidental releases and reducing the severity of those releases that do occur. This Rule has been amended and updated on several occasions.

for more information...

Accidental Release Prevention Requirements: Risk Management Program Requirements Under Clean Air Act Section 112(r)(7); Amendments to the Submission Schedule and Data Requirements; Final Rule. 69 FR 18819, April 9, 2004 .

Clean Air Act 112(r) Frequently Asked Questions and Answers Issued July 1997, updated periodically.

A factsheet"Changes to the Chemical Accident Prevention Rule (Risk Management Program) in 2004"  (March 2004) (pdf) provides additional information about the reporting deadlines and the recent changes to the RMP reporting requirements.

Chemical Accident Prevention and Risk Management Planning (RMP) Page

Clean Air Act Section 112(r); Excerpts from Statute Factsheet (pdf) Issued May 1996.

BUREAU OF AIR QUALITY 112(r) PROGRAM

The South Carolina Department of Health and Environmental Control's (SCDHEC's) - Bureau of Air Quality (BAQ) currently implements the 112(r) regulation for all affected sources. The BAQ conducts site inspections and audits to determine compliance with the risk management program requirements. The risk management program is funded by air permit fees and Federal grants.

WHO IS COVERED?

Facilities that have more than the threshold quantity (TQ) of a 112(r) listed"regulated substance" in a single process must develop and implement a risk management program, by June 21, 1999, as specified by the rule. In terms of the regulation, "process" means manufacturing, storing, distributing, handling, or using a regulated substance in any way. Facilities subject to the rule must conduct a hazard assessment, compile a 5-year accident history, develop an accident prevention program, develop an emergency response program, and submit risk management information to EPA by June 21, 1999.

Over 200 sources in South Carolina submitted risk management information to the EPA by the June 21, 1999 compliance deadline. Some of those sources include: water and wastewater treatment plants, chemical plants, pulp and paper mills, ammonia refrigeration facilities and warehouses, and agricultural retail facilities. Chlorine and ammonia were the two listed substances most facilities reported.

for more information...

Threshold Determination Flowcharts - Flowcharts that will help you determine if your toxic (pdf) or flammable (pdf) substances are subject to 112(r).

REGULATED SUBSTANCES

The original 112(r) List of Regulated Substances was published by the EPA on January 31, 1994. The list consists of 77 toxic and 63 flammable chemical substances that if accidentally released could cause death, injury, or severe adverse effects to human health and the environment. The threshold quantities range from 500 to 20,000 pounds for each process.

for more information...

List of Substances for Accidental Release Prevention: CAA 112(r) Factsheet (pdf) Issued May 1996.

Modifications to the List of Regulated Substances Factsheet (pdf) Issued April 1998.

Interim stay of the effective date of the Clean Air Act section 112(r) Risk Management Program (RMP) rule as it applies to flammable hydrocarbon fuels. (pdf)

Chemical Safety Information, Site Security and Fuels Regulatory Relief Act (pdf)

EPA Fact Sheet: Chemical Safety Information, Site Security and Fuels Regulatory Relief Act (pdf)

THE RISK MANAGEMENT PROGRAM

The Risk Management Program has four major components: hazard assessment, prevention program, emergency response plan, and a risk management plan.

for more information...

Risk Management Program Guidance

HAZARD ASSESSMENT

In the hazard assessment section of the Risk Management Program, facilities must evaluate the possible consequences of an accidental release to nearby communities, schools, hospitals, recreational facilities, and other public and environmentally sensitive areas by predicting the "worst-case" and "alternative" (i.e., more likely) release scenarios. These scenarios can be demonstrated using computer-based models. The EPA's RMP*Submit™ software or any commercially available software can be used to perform these scenarios. Facilities must also document past accidents that have occurred at the facility for the last five years.

for more information...

Offsite Consequence Analysis - parameters

Worst-Case Analysis - general information

Alternative Release Scenario - general information

Offsite Impacts - general information

RMP - review and update information

Documentation - general information

Five Year Accident History - general information

LandView VI: Electronic Environmental Analysis Tool. This website describes the LandView 6 software which contains a wealth of important environmental information that may be useful for facilities in identifying their site locations and potentially vulnerable populations.

Download RMP*Submit 2004

Risk Management Program Guidance for Offsite Consequence Analysis  (pdf/1030 KB) April 1999)
This is EPA's official RMP offsite consequence analysis guidance. This latest version represents the most up-to-date thinking on the subject, and has been technically reviewed by experts outside of EPA. Although it replaces the previous Offsite Consequence Analysis Guidance, if you have prepared your RMP using the previous guidance, you do not need to revise it based on this new guidance. This revision incorporates several new features, including chemical-specific modeling for ammonia, chlorine, and sulfur dioxide, temperature correction factors for calculations involving evaporating liquids, step-by-step procedures and worksheets to assist users, additional worked examples, and format changes.
Also, broken into Chapters (pdf/549 KB)  and Appendices (pdf/481 KB).

PREVENTION PROGRAM

An integrated prevention program must be developed that includes establishing standard operating and safety procedures, proper training for employees, preventive maintenance procedures, investigating and documenting accidents, and performing periodic safety audits at the facility.

EMERGENCY RESPONSE

Facilities must also develop an emergency response plan that outlines the procedures for informing the public and local responders of an accident and proper first-aid and emergency medical treatment.

for more information...

Integrated Contingency Plan ("One Plan") Guidance Factsheet Issued in 1998. This Factsheet describes ways to consolidate multiple facility response plans into one plan that can be used during an emergency.

THE RISK MANAGEMENT PLAN

The Risk Management Plan (RMP) is a summary of the Risk Management Program. June 21, 1999, is the compliance date for existing facilities to submit an RMP to the EPA. New or modified facilities must submit an RMP to the EPA prior to the storing of a regulated substance on site above the threshold quantity. The RMP contains a list of data elements that cover all aspects of the Risk Management Program and an Executive Summary. The RMP format is straightforward and easy to follow. The RMP form consists mainly of "fill in the blank" and "check the box" type questions.

The RMP must be submitted electronically on diskette. Facilities that do not have access to computers are encouraged to find access to a computer through organizations such as: DHEC - Small Business Assistance Program, trade associations, local industry, copy stores that offer computer rentals, local community colleges, state and local governmental offices, LEPC offices, and local public libraries. Facilities without reasonable access to a computer or that cannot afford to submit their RMP's electronically may apply to the EPA for an electronic waiver (pdf). Facilities that are granted waivers can submit their RMP's on paper.

Facilities can use the RMP*Submit™ software to complete their RMP. The RMP*Submit™ software may be downloaded free from the Internet. The software is not facility specific, so it can be copied and used for other facilities. For those without Internet access, please contact Angel Thompson at SCDHEC to receive a copy of the software.

for more information...

Download RMP*Submit 2004

Preparing and Submitting Your Risk Management Plan (Under Section 112(r) of the Clean Air Act) - Using RMP*Submit™

PROGRAM LEVEL DETERMINATION AND REQUIREMENTS

Every process that is subject to 112(r) will be placed in one of three different program levels. Depending on the number of regulated substances at a particular facility, it is possible for a facility to have processes in one or more programs.

For a process to qualify as Program I:

The worst case analysis must not impact a public receptor

The facility must not have had an accidental release of a regulated substance for the five years prior to the submission of the RMP, and

The facility must have an emergency response plan on file with local responders.

For a process to qualify as Program III:

The process must not qualify for Program I; and

The regulated process has one of the following Standard Industrial Classification (SIC) or the North American Industrial Classification System (NAICS) codes:

 

SIC Industry Sector NAICS
2611 Pulp Mills 32211
2812 Alkalies & Chlorine Manufacturing 325181
2819/2869 All Other Basic Inorganic Chemical Manufacturing 325188
2821 Plastics Materials & Resin Manufacturing 325211
2865 Cyclic Crude & Intermediates 325192
2873 Nitrogenous Fertilizer Manufacturing 325311
2879 Pesticides & Other Agricultural Chemical Manufacturing 32532
2911 Petroleum Refineries 32411
2865/2869 Petrochemical Manufacturing 32511
2969/2899 All Other Basic Organic Chemical Manufacturing 325199

If the process does not have one of the SIC/NAICS codes, but the process is subject to the Occupational Safety and Health Administration (OSHA) Process Safety Management (PSM) standard, then it falls under Program III.

If a process does not qualify for Program I or Program III, then it is automatically placed into Program II.

for more information...

112(r) Decision Tree (pdf) - A flowchart designed to help in determining whether a facility is subject to 112(r) and, if the facility is covered, which Program Level the facility falls under.

Program Level Requirements Chart (pdf) - A chart listing the requirements of each Program Level in 112(r).

RELATED LINKS

Environmental Protection Agency (EPA) Homepage

Chemical Emergency Preparedness and Prevention Office (CEPPO) Homepage

Office of Solid Waste and Emergency Response (OSWER) Homepage

S.C. DHEC Accidental Release Prevention Contacts:

Heinz Kaiser, Section Manager
Air Toxics Section
Phone: (803) 898-4098 Fax: (803) 898-4117
E-mail: kaiserh@dhec.sc.gov

Angel Thompson
Air Toxics Section
Phone: (803) 898-4058 Fax: (803) 898-4117
E-mail: thompsan@dhec.sc.gov