United States
Environmental Protection
•Agency
Office of Solid Waste
.and Emergency
Response(5101)
September 1994
RISK MANAGEMENT PLANNING FOR
ACCIDENTAL RELEASE PREVENTION
Clean Air Act section 112(r)
The purpose of the
CAA provisions
for accident prevention
is to ensure that facilities
reduce the likelihood
and severity of acciden-
tal chemical releases
that could harm the pub-
On October 20,1993, EPA published a proposed rule under the Clean Air Act (CAA) provisions for acci-
dental 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 promulgated a list of regulated sub-
stances, with thresholds, on January 31,1994. The proposed program includes a hazard assessment, a
prevention program, an emergency response program, registration, and the submission of a risk man-
agement plan, which will be available to the public. EPA had a comment period that extended th rough
February, 1994. The Agency also held four public hearings in Washington, D C, Chicago, San Francisco,
and Houston at which 126 witnesses testified. EPA received close to 1,000 comments.
lie and the environment.
These provisions will also ensure, that the public and
state and local governments receive facility-specific
information on potential hazards and the steps facili-
ties are taking to prevent accidents.
BACKGROUND,
In 1986', the Emergency Planning and
Community Right-to-Know Act (EPCRA) was a
milestone 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 require- ' ,
ments for accidental release prevention regulations in m, ,
CAA section 112(r). Congress also mandated that the I he risk management program consists of three
Occupational Safety and Health Administration J- components a hazard assessment, a preventior
(OSHA) adopt a process safety management stan-
dard to protect workers from the workplace effects of
EPA .has proposed a rule for risk management
.planning, under the CAA section 112(r)(7).
It would apply to facilities with more, than a thresh-
old quantity of a regulated substance in a process.
EPA estimates that approximately 115,500 facilities •
are potentially affected by the proposed rule. The
facilities include manufacturers from most manufac-
turing sectors, cold storage facilities that use ammo-
nia as a refrigerant, public drinking water and waste-
water treatment systems, wholesalers of chemicals,
propane retailers, utilities, gas processors, gas fields,
federal facilities, and mines.
ELEMENTS OF THE RULE
chemical accidents; the standard was issued on
February 24,1992. •
SCOPE OF PROPOSED RULE
components a hazard assessment, a prevention
program, arid' an emergency response program, plus
a summary plan, as described below. In the hazard
assessment, facilities would be required to conduct
consequence analysis for a range of release scenarios
including worst-case and other, more likely, release ;
•scenarios. For each scenario, they would assess the
quantity released, rate of release, distance in all direc-
tions of potential exposures or damage, the popula-
Cliemical Emergency Preparedness and Prevention Office
y Printed on recycled paper
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Risk Management Program for Accidental Release Prevention
September 1994
tions within those distances, and potential environ-
mental damage. Facilities would also be required to
compile a 5-year accident history.
OSHA's process safety management standard is the
foundation for the prevention program. With few
exceptions, the prevention program requirements
are identical to the OSHA standard. These require-
ments include process safety information, process
hazard analysis, standard operating procedures,
training, maintenance, pre-startup review, manage-
ment of change, safety audits, and accident investi-
gation. The main new requirement is that facilities
would have to define their management system for
implementing the prevention program.
The emergency response program would require
facilities to develop an emergency response plan,
train employees for response actions, maintain
response equipment, conduct drills and exercises,
and co-ordinate with the Local Emergency Planning
Committee.
Under the risfc management plan requirements,
facilities would have to develop a risk management
plan that summarizes the full risk management pro-
gram. It would include the off-site consequence
analysis, list the 5-year accident history, outline the
major hazards identified through the prevention
program and the steps being talcen to address them,
and summarize the emergency response program.
The plan would have to be submitted to the imple-
menting agency, the State Emergency Response
Commission, the Local Emergency Planning
Committee, the Chemical Safety and Hazard Inves-
tigation Board, and would be available to the public.
According to the proposed rule, facilities would be
required to register with EPA or the state agency
implementing the program and be in compliance
within three years of the date of the final rule. The
registration would identify the facility and the sub-
stances the facility has above the thresholds. The
proposed rule also includes a system for auditing
ana reviewing both the risk management programs
and plans.
IMPLEMENTATION
States'Role'
States are a key stakeholder in chemical accident
prevention as well as control of toxic emissions.
Under the CAA, states that implement air permit
programs must ensure that facilities are also in com-
pliance with air toxics requirements, including those
under 112{r). States will need to implement accidental
release prevention requirements, at least for facilities
that must obtain a CAA Title V operating permit.
Guidance
EPA plans to prepare comprehensive guidance for
states to use to develop and implement accidental
release prevention requirements. The guidance will
help states co-ordinate such programs with existing
air permit, worker safety, public health, and emer-
gency response requirements. When the final rule
for risk management planning is promulgated, EPA
will also issue guidance at the same time to help reg-
ulated facilities comply with the risk management
program and plan requirements. This guidance will
assist facilities with process safety management, off-
site consequence assessments, and emergency
response planning. In addition, the Agency will pre-
pare model risk management programs and plans
for several industry sectors. These models could
serve as generic templates for facilities that are very
similar and could be adapted to the specific needs of
individual facilities. Some sectors that may be candi-
dates for model programs and, plans include
propane retailers, chlorinators, wholesalers, cold
storage facilities, public drinking water systems, and
wastewater treatment plants.
Small Business
The proposed rule for risk management planning
would affect a substantial number of small business-
es. To assist them in understanding the rule and the
importance of managing hazardous chemical safe-
ly, EPA plans to publish "plain English" guidance
and prepare targeted model risk management pro-
grams and plans. Guidance and other technical
information will be made available to small busi-
nesses through Local Emergency Planning
Committees, trade associations and engineering
societies, and especially through the Small Business
Assistance Program (SBAP) in each state. SB AP cen-
ters are mandated under the CAA and must include
assistance on accidental release prevention and
detection.
CONCLUSION
This milestone rule for risk managment plan-
ning places the responsibility for safe operation
on facilities themselves and will ultimately help lead
to a reduction in the number and severity of acci-
dents involving hazardous materials.
For more information...
Emergency Planning and Community Right-
to-Know Information Hotline
(800) 535-0202 (voice)
(800) 535-7672 (TDD) .
Chemical Emergency Preparedness and Prevention Office
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