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-
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 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)

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