AEPA United States Environmental Protection Agency Office of Solid Waste and Emergency Response (5101) September 1994 LIST OF SUBSTANCES FOR ACCIDENTAL RELEASE PREVENTION CLEAN AIR ACT section 112(r) The purpose of the CAA provisions . for accident prevention is to ensure that facili- ties reduce the likeli-' hood and severity of accidental chemical releases that could harm the public and the environment. These provisions will also ensure that the public 7 and state and local governments receive facility- specific information on potential hazards and the steps being taken to prevent accidents. REGULATORY BACKGROUND In 1986 the Emergency Planning and Community Right-to-Know Act (EPCRA) was a landmark in federal actions to improve the ability of . communities to prepare for and respond to •: chemical accidents. Under EPCRA, communities must develop emergency response plans, based on information that facilities must provide on the hazardous chemicals 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 standard was issued on February 24,1992. ; On January 31, 1994, EPA promulgated a final rule under provisions of the Clean Air Act (CAA) Amendments section 112(r) for the prevention of accidental releases of hazardous substances. The rule establishes a list of chemicals and threshold quantities that identify facilities subject to subsequent accident prevention regulations. These are the substances that have the potential to pose the greatest hazard to public health and the environment in the event of an accidental release. The list constitutes the first of two necessary elements for the prevention of chemical accidents under EPA's CAA mandate. The second element is the requirement for risk management planning. A facility that handles more than a threshold quantity of a listed substance will be subject to the risk management planning requirements of CAA section 112{r). CHARACTERISTICS OF THE FINAL RULE Under the CAA, EPA must develop an initial list of at least 100 substances that, in the event of an accidental release, could cause death, injury, or serious adverse effects to human health or the environment. The CAA mandates the inclusion of 16 substances: Chlorine Ammonia Anhydrous ammonia Methyl chloride Ethylene oxide Vinyl chloride .Methyl isocyanate Hydrogen cyanide Hydrogen sulfide Toluene diisocyanate Phosgene Bromine Anhydrous hydrogen chloride Hydrogen fluoride Anhydrous sulfur dioxide Sulfur trioxide Chemical Emergency Preparedness and Prevention Office i Printed on recycled paper ------- List of Substances for Accidental Release Prevention September 1994 The criteria EPA considered in selecting other substances include severity of acute adverse health effects, likelihood of release, and potential magnitude of human exposure. EPA is required to set threshold quantities for each regulated substance listed considering its toxicity, reactivity, volatility, dispersibility, and flammability, as well as amounts known or anticipated to cause effects of concern. EPA selected, commercially produced, acutely toxic and volatile substances for this list mostly from the EPCRA section 302 extremely hazardous substances (EHS) list. EPA chose volatile substances because they are more likely to become airborne and impact the public. EPA also considered the accident history associated with a substance. One substance, oleum, was listed because it has a history of accidents that have impacted the public. Since vapor cloud explosions and blast waves from detonations of high explosives have caused injuries to the ' public and damage to the environment, EPA also included highly flammable gases and liquids and high explosives on the list. EPA has promulgated a list that includes 77 acutely toxic chemicals, 63 flammable gases and volatile flammable liquids, and Division 1.1 high explosive substances as listed by DOT in 49 CFR 172.101. The final rule establishes threshold quantities for toxic substances ranging from 500 to 20,000 pounds. For all listed flammable substances, the threshold quantity is 10,000 pounds, while all explosive substances have a threshold quantity of 5,000 pounds. The rule sets forth the procedures for determining whether a threshold quantity of a regulated substance is present at a stationary source. Specific exemptions to the threshold determination are also included for mixtures, articles, and certain uses and activities. The rule also specifies the requirements for petitions to the Agency to add substances to, or delete substances from, the list. EFFECT OF RULE If a facility has more than a threshold quantity of these substances in a process, then it must develop and implement a risk management program. That program must include a hazard assessment, prevention program, and an emergency response program. Summary risk management plans will be submitted to state and local emergency planning and response authorities, as well as the Chemical Safety and Hazard Investigation Board, and will be available to the public. Facilities covered by the rule must register with EPA or a state agency implementing the program. These requirements are spelled out in the proposed rule for risk management planning, under section 112(r) of the CAA and published on October 20,1993. The Agency expects the final rule to be published in 1996. AFFECTED UNIVERSE EPA estimates that approximately 115,500 facilities are potentially affected by these two rules. The facilities include manufacturers in most manufacturing sectors, oil and gas production facilities, cold storage facilities with ammonia refrigeration systems including food processors and distributors and refrigerated warehouses, public water treatment systems, wholesalers and distributors of these chemicals, utilities, propane retailers, certain smalt businesses, and some service industries (such as janitorial services and commercial laundries). Trade associations representing these facilities are also affected by these rules, as are state and local governments, EPA regional offices, public interest groups, and'the Chemical Safety and Hazard Investigation Board. CONCLUSION According to the risk management planning requirements of the Clean Air Act, facilities that handle certain hazardous substances must act to prevent chemical accidents.They must also share information about their prevention efforts with the public, workers, and government. These new partnerships among stakeholders in pre- vention activity will prove a dynamic force in reducing the number and severity of chemical accidents. . , For more information... Emergency Planning and Community Right- to-Know Information Hotline (800)535-0202 (voice) (800) 535-7672 (TTD) Monday through Friday 8:30 am to 7:30 pm, eastern time 'Chemical Emergency Preparedness and Prevention Office ------- |