vvEPA
United States
Environmental Protection
Agency
Office of Solid Waste and
Emergency Response
(5101)
May 1996
550-F-96-003
LIST OF SUBSTANCES FOR
ACCIDENTAL RELEASE
PREVENTION
CLEAN AIR ACT section 112(r)
FACTS
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 also ensure
that the public and state
and local governments can 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) became law.
EPCRA improves 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 the 1990 amendments to
the Clean Air Act, Congress included requirements
for accidental release prevention regulations in
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.24 February 1992. . .
On 31 January 1994, EPA promulgated a final rule under provisions of the Clean
Air Act (CAA) Amendments s.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. The listed substances have the potential to pose the greatest hazard
to public health and the environment in the event of an accidental release. On 15
April 1996, EPA proposed several amendments to the final rule. 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 in a process is 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.
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 a central
location and will be made electronically available to
state and local authorities as well as the public. The
final rule for risk management planning was
promulgated on 20 June 1996.
The statutory criteria EPA considered in selecting
substances for the list include severity of acute
adverse health effects, likelihood of release, and
Chemical Emergency Preparedness and Prevnition Office
\Printed on recycled paper
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List of Substances for Accidental Release Prevention
May 1996
potential magnitude of human exposure. EPA
set threshold quantities for each regulated
substance based on its toxicity, reactivity,
volatility, dispersibility, and flammability, as well
as the amount known or anticipated to cause
effects of concern.
The list EPA promulgated in 1994 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.
PROPOSED CHANGES
Following EPA's promulgation of the final-list
rule, some members of the regulated
community raised questions about certain
provisions they felt were inconsistent with the
Intent EPA expressed in the preamble and other
documents supporting the final rule. In response,
EPA published proposed amendments to the
final rule on 15 April 1996.
The first proposed modification would be to
delete the category of Division 1.1 explosives.
The Agency also proposes to exempt from
threshold quantity determinations regulated
flammable substances in gasoline used as fuel
and in naturally occurring hydrocarbon mixtures
prior to initial processing. Further, the Agency
proposes clarification of the provision for
threshold determination of flammable
substances in a mixture. Modifications to the
definition of "stationary source" are proposed to
clarify the exemption of transportation and
storage related to transportation and to clarify
that naturally occurring hydrocarbon reservoirs
are not stationary sources or parts of stationary
sources. In addition, EPA proposes to clarify that
40 CFR part 68 does not apply to sources located
on the Outer Continental Shelf. EPA believes
these proposed changes will focus accident
prevention more appropriately on stationary
sources with high hazard operations and reduce
duplication with other similar requirements.
For those provisions of the list rule that EPA is
proposing to amend, the Agency has finalized a
stay of effectiveness until it takes final action on
the proposed modifications. Thus, owners and
operators of processes and sources that EPA has
proposed not be subject to risk management
planning requirements would not have to
comply with CAA section 112(r) until EPA has
determined whether to finalize the proposed list
rule amendments.
AFFECTED UNIVERSE
PA estimates that approximately 66,000
facilities will be affected by the list and risk
management planning rules, if the proposed list
amendments are adopted. The facilities include
chemical and many other manufacturers, cold
storage facilities with ammonia refrigeration
systems, public water treatment systems,
wholesalers and distributors of these chemicals,
propane retailers, utilities, and federal facilities.
CONCLUSION
A ccording 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. EPA .
.expects these new partnerships among
stakeholders in prevention activity to prove a
dynamic force in reducing the number and
severity of chemical accidents.
FOR MORE INFORMATION...
CONTACT THE EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW HOTLINE
(800) 424-9346 OR (703) 412-9810
TDD (800) 553-7672
MONDAY-FRIDAY, 9AM TO 6PM, EASTERN TIME
VISIT THE CEPPO HOME PAGE
http://www.epa.gov/swercepp/
Chemical Emergency Preparedness and Prevention Office
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