United States Environmental Protection Agency Chemical Emergency Preparedness and Prevention Office OS-120 October 1993 •*55c/ F ENVIRONMENTAL FACT SHEET CLEAN AIR ACT RISK MANAGEMENT PROGRAM FOR ACCIDENTAL RELEASE PREVENTION On October 7, 1993, the EPA Administrator signed a proposed rule under the Clean Air Act (CAA) provisions for accidental release prevention. The rule proposes a risk management program that will apply to facilities that have more than a threshold quantity of a regulated substance. EPA proposed a list of regulated substances, with thresholds, on January 19, 1993. The proposed program includes a hazard assessment, a prevention program, an emergency response program, registration, and the submission of a nsk management plan, which will be available to the public. EPA is seeking com- ments on the elements of the proposed program. The comment period closes in February, 1994. A public hearing will be held in Washington, DC, on November 30, 1993. Details will be published shortly in a Federal Register notice. The purpose of the CAA regulations on accident prevention is to ensure that facilities reduce the likelihood and seventy of accidental chemical re- leases that could harm the public and the environ- ment. These rules will also ensure that the public and state and local governments receive facility- specific information on potential hazards and the steps being taken to prevent accidents. BACKGROUND The Emergency Planning and Community Right-to- Know Act of 1986 (EPCRA) was a milestone in federal actions to improve the ability of communi- ties to prepare for and respond to chemical acci- dents. Under EPCRA, communities must develop emergency response plans, based on information that facilities must provide on the hazardous chemi- cals they handle. In 1990, Congress included requirements for accidental release prevention regulations in CAA section 112(r). Congress also mandated that the Occupational Safety and Health Administration (OSHA) adopt a process safety management standard to protect workers from the workplace effects of chemical accidents; the stan- dard was issued on February 24, 1992. ACTION EPA is proposing a risk management program, under the CAA section 112(r)(7). The program will apply to facilities with more than a threshold quantity of a regulated substance in a process. The proposed regulations would require facilities to develop and implement a risk management program that includes a hazard assessment (offsite conse- quence analyses, including worst-case scenarios, a five-year accident history), a prevention program, and an emergency response program. The preven- tion program would be built on the OSHA process safety management standard. Risk management plans will be submitted to states, local emergency planning committees, the Chemical Safety and Haz- ard Investigation Board and will be available to the public. Facilities would be required to register with EPA and be in compliance with the rule three years after the date on which the final rule is pub- lished. EPA estimates that approximately 140,000 facilities are potentially affected by the proposed rule. The facilities include manufacturers from most manufac- turing sectors, cold-storage facilities that use am- monia as a refrigerant, public drinking water and waste water treatment systems, wholesalers of chemicals, propane retailers, and utilities. DISCUSSION The CAA requires EPA to develop reasonable regulations and appropriate guidance for the pre- vention and detection of accidental releases and for response to such releases by the owners or opera- Racyctod/Rccyctabto Printed with Soy/Canda Ink on paper that contains at toast 50% racydod fiber ------- tors of facilities. The regulations must include the requirement that facilities develop and implement a risk management plan that includes a hazard assess- ment to assess the effects of an accidental release, a five-year accident history, a prevention program, and an emergency response program. The nsk management plan (RMP) must be submitted to government authorities and will be made available to the public. EPA is proposing a nsk management program that parallels the requirements of the RMP. Facilities would be required to conduct offsite consequence analyses for a range of release scenarios including worst case and other, more likely release scenarios. For each scenario, they would define the quantity released, rate of release, distance in all directions of potential exposures or damage, the populations within those distances, and potential environmental damage. EPA's proposed prevention program is built on the OSHA process safety management standard. With few minor exceptions, the prevention program requirements are identical to the OSHA standard. These requirements include process safety informa- tion, process hazard analyses, standard operating procedures, training, maintenance, prestartup re- view, management of change, safety audits, and accident investigation. EPA expects that facilities in compliance with the OSHA standard will be in compliance with the prevention program for sub- stances that are on both the EPA and OSHA lists. The main new requirement is that facilities would be required to define their management system for implementing the prevention program. The emergency response element would require facilities to develop an emergency response plan, tram employees for response actions, maintain response equipment, conduct drills and exercises, and coordinate with the LEPC. Facilities would be required to register with EPA within three years of the date of the final rule. The registration would identify the facility and the substances the facility has above the thresholds. Facilities would also be required to develop and submit an RMP that includes the offsite conse- quences analyses, lists the five-year accident histo- ry, summarizes the major hazards identified through the prevention program and t 'eps being taken to address them, and summanzt ;e emer- gency response program. Finally, the proposed rule includes a system for auditing RMPs. ISSUES The CAA requires an assessment of worst-case releases. Worst case would be defined as loss of all of the regulated substance from a process in a release that leads to the worst offsite consequences. The worst-case scenario would assume an instanta- neous release, failure of all mitigation systems, and worst-case weather conditions. Although such failures may be very unlikely, they will define for the facility and the public the extreme worst case. The RMP will be submitted to government agen- cies. EPA decided that the information included in the RMP should be sufficient to evaluate a facility's nsk management program and the hazards posed by a facility. EPA is concerned, however, that the amount of information in the RMP should not be so detailed that the agencies will find it difficult to manage. The proposed rule would affect a substantial num- ber of small businesses. The CAA states that EPA should develop guidance and model RMPs to be issued with the final rule. EPA has identified some industry sectors that may be candidates for model RMPS; these sectors include propane retailers, chlonnators, wholesalers, and cold storage facili- ties. CONCLUSION The proposed rule outlines those management steps that should be taken to identify hazards and operate a safe facility. The proposed rule will reduce the likelihood of accidental releases that could harm the public and the environment. CONTACT Lyse Helsing Chemical Emergency Preparedness and Prevention Office U.S. EPA (OS-120) 401 M St. SW Washington, DC 20460 Emergency Planning and Community Right-to- Know Hotline (8:30 am - 7:30 pm EST) (800) 535-0202 (Voice) (800) 535-7672 (TDD) ------- |