United States -
Environmental Protection
Agency
Office of Solid Waste
and Emergency Response
(5101)
June 1-997
550-F-97-007
LIST OF SUBSTANCES FOR
ACCIDENTAL RELEASE
PREVENTION
CLEAN AIR ACT section 112(r)
FACT
The purpose of the
CAA provisions for
accident prevention is to.
ensure that facilities .
reduce the likelihood
and severity of acciden-
tal chemical releases that
could harm the public
and the environment.
These provisions also
ensure that the public , ,
and state and, local governments can receive facili-
ty-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 emer-
gency 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 acci-
dental release prevention regulations in section,
112(r).-Congress also mandated that the
Occupational Safety and Health Administration
(OSHA) adopt a process safety management stan-
dard to protect workers from the'workplace effects
of chemical accidents; the standard was issued on
February 24,1992. .
On January 31,1994, EPA promulgated a final rule under provisions of the Clean Air Act
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List of Substances for Accidental Release Prevention
June iyy/
threshold quantities for each regulated substance
based on its toxicity, reactivity, volatility, dis-
persibility, and flammability, and 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 quan-
tities for toxic substances ranging from 500 to
20,000 pounds. For all listed flammable sub-
stances, 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 peti-
tions 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 commu-
nity 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 pub-
lished proposed amendments to the final rule on
April 15,1996 and May 22,1997.
The first modification proposed in April 1996
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 thresh-
old determination of flammable substances in a
mixture. Modifications to the definition of "sta-
tionary source" are proposed to clarify the
exemption of transportation and storage related
to transportation and to clarify that naturally
occurring hydrocarbon reservoirs are not station-
ary sources or parts of stationary sources. In addi-
tion, 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 proposed to amend in
April 1996, the Agency has finalized a stay of
effectiveness until it takes final action on the pro-
posed 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 amend-
ments.
In May 1997, EPA proposed to vacate the listing
of hydrochloric acid solutions at concentrations
of less than 37% (from 30% up to 37%) hydrogen
chloride. EPA also proposes that if EPA does hot
issue a final rule vacating the listing of hydro-
chloric acid solutions with less than 37% concen-
trations, EPA will extend the deadline for compli-
ance with the risk management planning require-
ments for such solutions by no less than the
amount of time that elapses from March 7,1997
and 180 days following the publication of a final
action that declines to vacate the listing of
hydrochloric acid solutions with less than 37%
concentrations.
AFFECTED UNIVERSE
EPA estimates that approximately 66,000 facili-
ties will be affected by the list and risk man-
agement planning rules, if the proposed list
amendments are adopted. The facilities include
chemical and many other manufacturers, cold
storage facilities with ammonia refrigeration sys-
tems, public water treatment systems, whole-
salers and distributors of these chemicals,
propane'retailers, utilities; and federal facilities.;
CONCLUSION
According 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 stakehold-
ers 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) 535-7672
MONDAY-FRIDAY, 9 AM TO 6PM, EASTERN TIME
VISIT THE CEPPO HOME PAGE
HTTP://WWW.EPA.GOV/SWERCEPP/. . '. ' .
\Printed on recycled paper
Chemical Emergency'Preparedness and Prevention Office
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