United States
Environmental Protection
Agency
Office of Solid Waste
and Emergency Response
(5101)
55Q-F-96-004
May 1996
CHEMICAL ACCIDENT PREVENTION
AND THE CLEAN AIR ACT
AMENDMENTS OF 199O
FACISHEET
The Clean Air Act
(CAA) makes it
clear that facilities that
handle hazardous
substances bear the
primary responsibility
for ensuring their safe
use.. The CAA section
Preventing accidental releases of hazardous chemicals is the shared
responsibility of industry, government, and the public. The first steps toward
prevention are identifying the hazards and assessing the risks. Once information
about chemicals is openly shared, stakeholders can work together toward
reducing chemical risks to public health and the environment. Important new
provisions in the Clean Air Act of 1990 advance the process of risk management
planning and public disclosure of risk. The amendments, which cover a wide
112(r)(l) general duty
clause outlines the basic ran9e °f a'r pollution issues, include specific provisions addressing accidental
statutory principle that releases of hazardous chemicals. These requirements will affect facilities that
facilities are responsible produce handle, process, distribute, or store certain chemicals.
for designing and
maintaining a safe plant,
identifying their hazards, and minimizing the
consequences of accidental chemical releases. This
clause applies to any facility that handles any
hazardous substance, regardless of the quantity
on site.
Develop regulations and guidance for the
response, prevention, and detection :
of accidental releases associated with these
regulated substances.
GAA SECTION 112 (r):
BASIC REQUIREMENTS
T Tnder CAA s.H2(r), EPA must:
* Publish a list of at least 100
substances and associated threshold
quantities that determine who must
comply with the new regulations
Certain facilities must:
4 Prepare risk management plans that
include a hazard assessment, accident
prevention program, and emergency
response program
+ Comply with other accidental release
regulations that EPA may adopt.
-:-x
One of the other key provisions of section 112(r) is
a mandate for OSHA to establish a chemical
process safety management standard for the
workplace.
Chemical Emergency Preparedness nnd Prevention Office
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Chemical Accident Prevention and the Clean Air Act Amendments of 1990
May 1996
The CAA, under s.507, also requires that each
state set up programs to provide small
businesses with technical assistance on the CAA
and to help them comply with the Act's
regulations. By statute, these small business
programs must include assistance related to
accidental release prevention and detection.
These programs provide information on
alternative technologies, process changes,
products, and methods of operation that help
reduce air pollution.
BACKGROUND: CHEMICAL
ACCIDENT PREVENTION
BEFORE 1990
Public awareness of the potential danger
from accidental releases of hazardous
substances has increased over the years as
serious chemical accidents have occurred around
the world. Public concern intensified following
the 1984 release of methyl isocyanate in Bhopal,
India, which killed more than 2,000 people. A
subsequent chemical release in Institute, West
Virginia, sent more than 100 people to the
hospital and made Americans aware that such
incidents can and do happen in the United
States.
EPA's RESPONSE TO BHOPAL
In response to this public concern and the
hazards that exist, EPA began its Chemical
Emergency Preparedness Program (CEPP) in
1985. CEPP was a voluntary program to
encourage state and local authorities to identify
hazards in their areas and to plan for potential
chemical emergencies. This local planning
complemented emergency response planning
carried out at the.nationai and regional levels by
the National Response Team and Regional
Response Teams.
The following year, Congress enacted many of
the elements of CEPP in the Emergency Planning
and Community Right-to-Know Act of 1986
(EPCRA), also known as Title III of the
Superfund Amendments and Reauthorization
Act of 1986 (SARA). This law requires states to
establish State Emergency Response
Commissions and Local Emergency Planning
Committees to develop emergency response
plans for each community. EPCRA also requires
facilities to make information available to the
public on the hazardous chemicals they have on
site. EPCRA's reporting requirements foster a
valuable dialogue between industry and local
communities on hazards to help citizens become
more informed about the presence of hazardous
chemicals that might affect public health and the
environment. According to OSHA requirements,
workers on site also have a right to know about
the hazardous chemicals to which they could be
exposed.
MILESTONE REPORT ON
SYSTEMS FOR PREVENTION
EPCRA did not require facilities to
establish accident prevention programs.
However, under EPCRA section 305(b), EPA was
required to conduct a review of emergency
systems to monitor, detect, and prevent chemical
accidents at facilities across the country. The
final report to Congress, Review of Emergency
Systems (EPA, 1988), concluded that the
prevention of accidental releases requires an
integrated approach that considers technologies,
operations, and management practices, and it
emphasized the importance of management
commitment to safety.
EPA's PREVENTION
PROGRAM TAKES SHAPE
EPA recognized that prevention,
preparedness, and response form a safety
continuum. Therefore, in 1986, EPA established
its Chemical Accident Prevention Program,
integrating it with the Chemical Emergency
Preparedness Program. The first initiative was to
begin collecting information on chemical
accidents. Then EPA began working with other
stakeholder groups to increase knowledge of
prevention practices and encourage industry to
improve safety at facilities.
Under the Chemical Accident Prevention
Program, EPA developed the Accidental Release
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May 1996
Chemical Accident Prevention mid tlie Clean Air Act Amendments of1990
Information Program (ARIP) to collect data on
the causes of accidents and the steps facilities
take to prevent recurrences. EPA also
developed its Chemical Safety Audit Program to
gather and disseminate information on
successful practices to mitigate and prevent
chemical accidents. The audit program also
points out problematic practices and ways to
improve them. Through the program, EPA has
trained its regional staff as well as state officials
on process safety and auditing techniques.
Another significant component of EPA's
Chemical Accident Prevention Program
involves outreach to small and medium-sized
enterprises, which the section 305(b) study
indicated are generally less aware of risks than
larger facilities. EPA has worked with a broad
spectrum of stakeholder groups to determine
the best ways to reach these smaller operations.
All these efforts are based on the premise that
while industry bears the primary responsibility
for preventing and mitigating chemical
accidents, many other groups also have a role to
play. Workers, trade associations, environ-
mental groups, professional organizations,
public interest groups, the insurance and
financial community, researchers and academia,
the medical profession, and governments at all
levels can help facilities that use hazardous
chemicals identify their hazards and find safer
ways to operate. A number of stakeholder
groups have now developed programs and
guidance to assist facilities in the management
of chemical hazards. Many of these safety
measures can make businesses more efficient
and productive.
CLEAN AIR ACT
REQUIREMENTS:
WHAT CHEMICALS ARE
COVERED?
Under CAA 112(r)(3)(5), EPA must develop
and publish an initial list of at least 100
substances that, in an accidental release, could
cause death, injury, or serious adverse effect to
human health or the environment.
To build its list, EPA considered the severity
of any acute adverse health effects, the
likelihood of an accidental release, and the
potential magnitude of human exposure. The
threshold quantities for each chemical (which
determine the facilities subject to the RMP
requirements) reflect toxicity, reactivity,
volatility, flammability, explosivity, and
dispersibility as well as the amount known or
anticipated to cause effects of concern.
On January 31,1994, EPA promulgated a final
rule on the substances and thresholds: 77
acutely toxic chemicals, 63 flammable gases and
volatile flammable liquids, and Division 1.1
high explosive substances as listed by DOT. On
April 15,1996, based on concerns raised by the
regulated community, EPA proposed
modifications to the final rule. The
modifications would clarify "flammables" so
that gasoline and crude oil would not be
covered; clarify "stationary source"; and make
clear the exclusion of facilities handling
explosives, exploration and production facilities
for oil and gas, and gasoline.
It is important to note that the threshold
quantity is determined by the maximum
amount of a substance in a proccess, not the
maximum quantity on site. The list rule also sets
forth the requirements for petitions to the
Agency to add substances to, or delete
substances from, the list.
RISK MANAGEMENT
PLANNING
For industry, chemical accident prevention
has become an important way of doing
business. More and more plant managers,
whether they are subject to regulation or not,
recognize chemical safety management as an
integral part of running an efficient operation.
At the same time, new CAA regulations ensure
that the public can be properly informed about
chemical risks in their neighborhoods, and
community organizations, states, and the
federal government all have become active
players in helping to lower these risks.
RMP Basics
EPA proposed its regulation on risk
management planning on October 20,1993. Its
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Clifiiiicnl Accident Prevention and the Clean Air Act Amendments of 1990
May 1996
requirements apply to facilities that have more
than a threshold quantity of a regulated
substance in a process. As mandated by the
CAA, the final rule requires facilities to develop
and implement a risk management program that
includes a hazard assessment of the off-site
consequences of releases under worst case and
alternate scenarios, a prevention program, and
an emergency response program. Information
about the program must be documented in a risk
management plan that is submitted to a central
location and made available electronically to
states and local planning agencies as well as the
public.
Building on Chemical
Process Safety Management
These new risk management planning
requirements are not unique. Rather, they form
one element of an integrated approach to safety
and complement closely related industry
standards and practices. In the broadest sense,
risk management planning relates to local
emergency preparedness and response, to
pollution prevention at facilities, and to worker
safety. In a more focussed sense, these
requirements build on OSHA's Process Safety
Management Standard "(issued on February 24,
1992). They also draw from the chemical safety
guidelines of the Center for Chemical Process
Safety of the American Institute of Chemical
Engineers and similar standards of the American
Petroleum Institute and Chemical Manufacturers
Association, as well as the practices.of safety-
conscious chemical companies. In addition, four
states-New Jersey, California, Nevada, and
Delaware-also have regulations on accidental
release prevention.
For facilities to comply with the new risk
management planning rule, EPA is encouraging
them to incorporate these existing industry
standards and approaches that many already
practice for chemical safety management.
Prevention Program Requirements
The elements of the
prevention program include the
following:
4- Review and documentation
of the plant's chemicals,
processes, and equipment
Detailed process hazard
analysis to identify hazards,
assess the likelihood of
accidental releases, and
evaluate the consequences
of such releases
Development of standard
operating procedures
Training of employees on
procedures
Implementation of a
preventive maintenance
program
Management of changes in
operation that may impact
the safety of the system
Reviews before initial start-
up of a process and before
start-up following a
modification of a process
Investigation and
documentation of accidents
4> Periodic safety audits to ensure
that procedures and practices
are being followed
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Mny 1996
Chemical Accident Prevention find the Clean Air Act Amendments trf!990
Affected Universe
EPA estimates that approximately 66,000
facilities will be affected by the risk
management planning requirements, if
proposed amendments to the list rule are
adopted. These facilities include manufacturers
in the chemical and petrochemical and refining
industries, other manufacturers in many
manufacturing sectors (e.g., manufacturers of
pulp and paper; organic and inorganic
chemicals; manufacturers and handlers of chlor-
alkalis, plastics and resins, nitrogen fertilizers,
and agricultural chemicals), cold storage
facilities that use ammonia as a refrigerant
including food processors and distributors and
refrigerated warehouses, public water treatment
systems, chemical retailers, federal facilities, and
some service industries.
Many other stakeholder groups will also be at
least indirectly affected by the hew 112(r)
requirements. These include federal agencies
and departments (especially OSHA, DOT, DOD,
DOE, SBA, FEMA, and Coast Guard) and state
and local representatives (particularly State
Emergency Response Commissions a'nd Local
Emergency Planning Committees, state air
offices, local fire departments, emergency
management agencies, environmental protection
and public health departments, land use
planning officials, and natural resource planning
and management offices).
Other interested stakeholders will be public
interest groups and the environmental
community, insurance companies, labor
organizations, and international bodies such as
the Organisation for Economic Co-operation and
Development.
RIVIP Registration and
Submittal
Facilities covered by the rule will comply by
submitting to a central location a registration
form along with a risk management plan that
describes their risk management program.
Facilities will submit their plans electronically,
selecting options to be spelled out in guidance.
The information will be available immediately
to state and local authorities as well as to the
general public and all other stakeholders who
may be interested.
The final rule with the requirements for risk
management planning was promulgated on
June 20,1996. Submittals of registration forms
and risk management plans are due from
facilities by June 20,1999, with updates required
every five years.
Should EPA add to the list of regulated
substances, the regulations would take effect for
newly covered facilities three years after the
date on which a substance is first listed. ,
OTHER CAA PROVISIONS
Presidential Review
The CAA requires the President to conduct a
review of the current authority of various
federal agencies regarding chemical release
prevention, mitigation, and response and to
report the findings to Congress. The purpose of
the review is to clarify and co-ordinate
responsibilities and to identify any gaps and/or
overlaps that may exist. The President delegated
this authority to the EPA Administrator in 1993.
Hydrofluoric Acid Study
As required by the CAA, EPA conducted a
study on the potential hazards of hydrofluoric
acid (HF). Transmitted to Congress in the fall
of 1993; the study investigates the physical and
chemical properties of HF, its hazards in
commercial and industrial use, and the types
and numbers of facilities in which HF is
handled. The document also describes accidents:
that have resulted in the release of HF, as well as
any public and environmental impacts that
resulted from these releases. An analysis of
scenarios using atmospheric dispersion models
investigates potential impacts on the public
from a range of worst-case accidental releases.
The study also describes the current industry
and government controls to prevent accidental
releases of HF and to mitigate the potential
consequences of accidents through emergency
preparedness and response efforts.
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Cliemical Accident Prevention and the Clean Air Act Amendments of 1990
May 1996
Research Programs
Under the CAA, EPA must establish a
program of long-term research on methods
and techniques for conducting detailed hazard
assessments. The CAA also requires EPA to
test substances at the Liquefied Gaseous Fuels
Spill Test Facility in Nevada. These tests
would develop and validate improved
predictive models for atmospheric dispersion,
evaluate existing dispersion models, and
evaluate technology for mitigation and
emergency response.
New OSHA Standard
On February 24,1992, OSHA adopted a
standard for chemical process safety
management in the workplace as required
under the CAA 1990 amendments. Just as
CAA S.112(r) protects public health and the
environment, the OSHA standard is designed
to protect workers from accidents involving
hazardous chemicals. The OSHA standard
applies to facilities that handle certain acutely
toxic, highly flammable, and reactive
substances.
Requirements of the standard cover safety
information on chemicals and processes, a
workplace process hazard analysis, periodic
audits, standard operating procedures,
training, maintenance, pre-startup safety
reviews, management of change, emergency
response, and accident investigation.
In formulating the regulatory requirements for
risk management planning, EPA incorporated
OSHA's Process Safety Management Standard
nearly verbatim into the prevention program
requirements of CAA s.H2(r) for higher risk
facilities.
NATURAL EVOLUTION
Since the mid-1980s, EPA has been
working closely with the whole gamut of
prevention stakeholders to help reduce the
likelihood and severity of chemical accidents.
Beginning with the voluntary Chemical
Emergency Preparedness Program in 1985,
extending to the SARA Title III regulations in
1986, and now culminating in the new Clean
Air Act, these efforts address the entire safety
continuum from emergency response to
preparedness to prevention. In this way, a new
partnership involving government, business,
and the public is being forged. Working
together, each of these groups is playing a key
role in preventing accidental releases of
hazardous chemicals.
FOR MORE INFORMATION.
CONTACT THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW HOTLINE
(800) 424-9346, OR (703) 412-9810, OR TDD (800) 553-7672
MONDAY THROUGH FRIDAY, 9:00 AM TO 6:00 PM, EASTERN TIME
ON THE WORLD WIDE WEB, VISIT THE HOME PAGE OF EPA's CHEMICAL EMERGENCY PREPAREDNESS
AND PREVENTION OFFICE AT:
http://www.epa.gov/swercepp/
Chemical Emergency Preparedness and Prevention Office
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