&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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                                        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

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                                          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

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                                         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.
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                                                                     vi/ Emergency Prepan'dm'ss find Prevention Office

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