&EPA
United States
Environmental Protection
Agency : •. '•- -
Office of Solid Waste
and Emergency Response
(5101)
550-F-96-005
May 1996
CLEAN AIR ACT
SECTION 112(r)
Excerpts from Statute
FACTS
Section 112(r) of the amended Clean Air Act deals with the preven-
tion and detection of accidental releases of hazardous chemicals.
EPA has promulgated the two regulations that the Act calls for con-
cerning risk management planning. As a reference document to
accompany those rules, this fact sheet sets forth relevant portions
excerpted from the statute.The Clean Air Act is codified in the U.S.
Code at 42 U.S.C. 7401 et seq.; section 112{r) may be found at
U.S.C. 7412.
CLEAN AIR
ACT
SECTION 112 (r)
EXCERPTS
(r) Prevention of
Accidental
Releases
(1) Purpose and General Duty
It shall be the objective of the regulations and pro-
grams authorized under this subsection to prevent
the accidental release and to minimize the conse-
quences of any such release of any substance listed
pursuant to paragraph (3) or any other extremely
hazardous substance. The owners and operators
of stationary sources producing, processing, han-
dling, or storing such substances have a general
duty in the same manner and to the same extent as
section 654 of Title 29 to identify hazards which
may result from such releases using appropriate
hazard assessment techniques, to design and main-
tain a safe facility taking such steps as are neces-
sary to prevent releases, and to minimize the con-
sequences of accidental releases which do occur.
For purposes of this paragraph, the provisions of
section 7604 of this title shall not be available to
any person or otherwise be construed to be applic-
able to this paragraph. Nothing in this section
shall be interpreted, construed, implied or applied
to create any liability or basis for suit for compen-
sation for bodily injury or any other injury or prop-
erty damages to any person which may result from
accidental releases of such substances.
(2) Definitions
(A) The term "accidental release" means an unan-
ticipated emission of a regulated substance or
other extremely hazardous substance into the
ambient air from a stationary source.
(B) The term "regulated substance" means a sub-
stance listed under paragraph (3).
(C) The term "stationary source" means any build-
ings, structures, equipment, installations or sub-
stance emitting stationary activities (i) which
belong to the same industrial group, (ii) which are
located on one or more contiguous properties, (iii)
which are under the control of the same person (or
persons under common control), and (iv) from
which an accidental release may occur.
Cliemical Emergency Prc'/«?mf;/i'ss and Prevention Office
Printed on recycled paper
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(3) List of Substances
The Administrator shall promulgate not later
than 24 months after enactment of the Clean Air
Act Amendments of 1990 an initial list of 100
substances which, in the case of an accidental
release, are known to cause or may reasonably
be anticipated to cause death, injury, or serious
adverse effects to human health or the environ-
ment. For purposes of promulgating such list,
the Administrator shall use, but is not limited to,
the list of extremely hazardous substances pub-
lished under the Emergency Planning and
Community Right-to-Know Act of 1986 [42
U.S.C. 6 11001 et seq.], with such modifications
as the Administrator deems appropriate. The
initial list shall include chlorine, anhydrous
ammonia, methyl chloride, ethylene oxide, vinyl
chloride, methyl isocyanate, hydrogen cyanide,
ammonia, hydrogen sulfide, toluene diiso-
cyanate, phosgene, bromine, anhydrous hydro-
gen chloride, hydrogen fluoride, anhydrous sul-
fur dioxide, and sulfur trioxide. The initial list
shall include at least 100 substances which pose
the greatest risk of causing death, injury, or seri-
ous adverse effects to human health or the envi-
ronment from accidental releases. Regulations
establishing the list shall include an explanation
of the basis for establishing the list. The list may
be revised from time to time by the
Administrator on the Administrator's own
motion or by'petition and shall be reviewed at
least every 5 years. No air pollutant for which a
national primary ambient air quality standard
has been established shall be included on any
such list. No substance, practice, process, or
activity regulated under subchapter VI of this
chapter shall be subject to regulations under this
subsection. The Administrator shall establish
procedures for the addition and deletion of sub-
Stances from the list established under this para-
graph consistent with those applicable to the list
in subsection (b) of this section.
(4) Factors to be Considered
In listing substances under paragraph (3), the
Administrator shall consider each of the follow-
ing criteria,
(A) the severity of any acute adverse health
effects associated with accidental releases of the
substance;
(B) the likelihood of accidental releases of the
substance; and
(C) the potential magnitude of human exposure
to accidental releases of the substance.
(5) Threshold Quantity
At the time any substance is listed pursuant to
paragraph (3), the Administrator shall establish
by rule, a threshold quantity for the substance,
taking into account the toxicity, reactivity,
volatility, dispersibility, combustibility, or flam-
mability of the substance and the amount of the
substance which, as a result of an accidental
release, is known to cause or may reasonably be
anticipated to cause death, injury or serious
adverse effects to human health for which the
substance was listed. The Administrator is
authorized to establish a greater threshold quan-
tity for, or to exempt entirely, any substance that
is a nutrient used in agriculture when held by a
farmer.
(7) Accident Prevention
(A) In order to prevent accidental releases of
regulated substances, the Administrator is
authorized to promulgate release prevention,
detection, and correction requirements which
may include monitoring, recordkeeping, report-
ing, training, vapor recovery, secondary contain-
ment, and other design, equipment, work prac-
tice, and operational requirements.' Regulations
promulgated under this paragraph may make
distinctions between various types, classes, and
kinds of facilities, devices and systems taking
into consideration factors including/but not lim-
ited to, the size, location, process, process con-
trols, quantity of substances handled, potency of
substances/and response capabilities present at
any stationary source. Regulations promulgated
pursuant to this subparagraph shall have an
effective date, as determined by the
Administrator, assuring compliance as expedi-
tiously as practicable.
(B)(i) Within 3 years after November 15,1990,
the Administrator shall promulgate reasonable
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May 2.IPS
regulations and appropriate guidance to provide,
to the greatest extent practicable, for the prevention
and detection of accidental releases of regulated
substances and for response to such releases by the
owners or operators of the sources of such releases.
The Administrator shall utilize the expertise of the
Secretaries of Transportation and Labor in promul-
gating such regulations. As appropriate, such reg-
ulations shall cover the use, operation, repair,
replacement, and maintenance of equipment to
monitor, detect, inspect, and control such releases,
including training of persons in the use and main-
tenance of such equipment and in the conduct of
periodic inspections. The regulations shall include
procedures and measures for emergency response
after an accidental release of a regulated substance
in order to protect human health and the environ-
ment. The regulations shall cover storage, as well
as operations. The regulations shall, as appropri-
ate, recognize differences in size, operations,
processes, class and categories of sources and the
voluntary actions of such sources to prevent such
releases and respond to such releases. The regula-
tions shall be applicable to a stationary source 3
years after the date of promulgation, or 3 years
after the date on which a regulated substance pre-
sent at the source in more than threshold amounts
is first listed under paragraph (3), whichever is
later.
(ii) The regulations under this subparagraph shall
require the owner or operator of stationary sources
at which a regulated substance is present in more
than a threshold quantity to prepare and imple-
ment a risk management plan to detect and prevent
or minimize accidental releases of such substances
from the stationary source, and to provide a
prompt emergency response to any such releases in
order to protect human health and the environ-
ment. Such plan shall provide for compliance with
the requirements of this subsection and shall also
include each of the following:
(I) a hazard assessment to assess the potential
effects of an accidental release of any regulated
substance. This assessment shall include an esti-
mate of potential release quantities and a determi-
nation of downwind effects, including potential
exposures to affected populations. Such assess-
ment shall include a previous release history of the
past 5 years, including the size, concentration, and
duration of releases, and shall incl ude an eval ua-
tion of worst case accidental releases;
(II) a program for preventing accidental releases of
regulated substances, including safety precautions
and maintenance, monitoring and employee train-
ing measures to be used at the source; and
(III) a response program providing for specific
actions to be taken in response to an accidental
release of a regulated substance so as to protect
human health and the environment, including pro-
cedures for informing the public and local agencies
responsible for responding to accidental releases,
emergency health care, and employee training
measures.
At the time regulations are promulgated under this
subparagraph, the Administrator shall promulgate
guidelines to assist stationary sources in the prepa-
ration of risk management plans. The guidelines
shall, to the extent practicable, include model risk
management plans.
(iii) The owner or operator of each stationary
source covered by clause.(ii) shall register a risk
management plan prepared under this subpara-
graph with the Administrator before the effective
date of regulations under clause (i) in such form
and manner as the Administrator shall, by rule,
require. Plans prepared pursuant to this subpara-
graph shall also be submitted to the Chemical
Safety and Hazard Investigation Board, to the State
in which the stationary source is located, and to
any local agency or entity having responsibility for
planning for or responding to accidental releases
which may occur at such source, and shall be avail-
able to the public under section 7414(c) of this title.
The Administrator shall establish, by rule, an
auditing system to regularly review and, if neces-
sary, require revision in risk management plans to
assure that the plans comply with this subpara-
graph. Each such plan shall be updated periodical-
ly as required by the Administrator, by rule.
(C) Any regulations promulgated pursuant to this
subsection shall to the maximum extent practica-
ble, consistent with the subsection, be consistent •
with the recommendations and standards estab-
lished by the American Society of Mechanical
Engineers (ASME), the American National
Standards Institute (ANSI) or the American Society
of Testing Materials (ASTM). The Administrator
shall take into consideration the concerns of small
business in promulgating regulations under this
subsection.
(D) In carrying Out the authority of this paragraph,
the Administrator shall consult with the Secretary
of Labor and the Secretary of Transportation and
shall coordinate any requirements under this para-
graph with any requirements established for com
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parable purposes by the Occupational Safety and
Health Administration or the Department of
Transportation. Nothing in this subsection shall be
interpreted, construed or applied to impose
requirements affecting, or to grant the
Administrator, the Chemical Safety and Hazard
Investigation Board, or any other agency any
authority to regulate (including requirements for
hazard assessment), the accidental release of
radionuclides arising from the construction and
operation of facilities licensed by the Nuclear
Regulatory Commission.
(E) After the effective date of any regulation or
requirement imposed under this subsection, it shall
be unlawful for any person to operate any station-
ary source subject to such regulation or require-
ment in violation of such regulation or require-
ment. Each regulation or requirement under this
subsection shall for purposes of sections 7413,7414,
7416,7420,7604, and 7607 of this title and other
enforcement provisions of this chapter, be treated
as a standard in effect under subsection (d) of this
section.
(F) Notwithstanding the provisions of subchapter
V of this chapter or this section, no stationary
source shall be required to apply for, or operate
pursuant to, a permit issued under such subchap-
ter solely because such source is subject to regula-
tions or requirements under this subsection.
(G) In exercising any authority under this subsec-
tion, the Administrator shall not, for purposes of
section 653(b)(l) of Title 29, be deemed to be exer-
cising statutory authority to prescribe or enforce
standards or regulations affecting occupational
safety and health.
(9) Order Authority
(A) In addition to any other action taken, when the
Administrator determines that there may be an
imminent and substantial endangerment to the
human health or welfare or the environment
because of an actual or threatened accidental
release of a regulated substance, the Administrator
may secure such relief as may be necessary to abate
such danger or threat, and the district court of the
United States in the district in which the threat
occurs shall have jurisdiction to grant such relief as
the public interest and the equities of the case may
require. The Administrator may also, after notice
to the State in which the stationary source iS'locat-
ed, take other action under this paragraph includ-
ing,.but not limited to, issuing such orders as may
be necessary to protect human health. The
Administrator shall take action under section 7603
of the title rather than this paragraph whenever the
authority of such section is adequate to protect
human health and the environment.
(B) Orders issued pursuant to this paragraph may
be enforced in an action brought in the appropriate
United States district court as if the order were
issued under section 7603 of this title.
(C) Within 180 days after enactment of the Clean
Air Act Amendments of 1990, the Administrator
shall publish guidance for using the order authori-
ties established by this paragraph. Such guidance
shall provide for the coordinated use of the author-
ities of this paragraph with other emergency pow-'
ers authorized by section 9606 of this title, sections
311(c), 308,309 and 504(a) of the Federal Water
Pollution Control Act, sections 3007,3008,3013,
and 7003 of the Solid Waste Disposal Act, section
1445 and 1431 of the Safe Drinking Water Act, sec-
tion 5 and 7 of the Toxic Substances Control Act,
and section 7413,7414, and 7603 of this title.
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, 9 AM TO 6 PM, EASTERN TIME
VISIT THE CEPPO HOME PAGE ON THE WORLD
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vi/ Emergency Prepan'dm'ss find Prevention Office
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