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

-------
                           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

-------