&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 ------- CAAs.H2(r)Exeeriils May 1996 (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 ------- CAA S.712W Excerptf 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 ------- CAAs.ll2(r)Exceipls May 1996 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 WIDE WEB AT: http://www.epa.gov/swercepp/ vi/ Emergency Prepan'dm'ss find Prevention Office ------- |