United States
Environmental Protection
Agency
Office of Solid Waste
and Emergency Response
(5104)
EPA 550-F-98-004
April 1998
Basic Awareness Factsheet for Small
Business
Clean Air Act Section 112(r): Prevention of Accidental
Releases
This factsheet was developed with the assistance of the U.S. Chamber of Commerce
and the New Hampshire Small Business Assistance Program.
Chemical accidents can occur at
businesses of any size. Many small
businesses handle propane,
ammonia, chlorine, and other
chemicals that could pose a risk to
the surrounding community if an
accident were to occur. Working
together through their trade
associations, some industries
already have adopted standard
operating practices that help to
reduce the risk of accidents,
improve overall performance, and
limit costly downtime. As of June
1999, a new chemical accident
prevention rule from the U.S.
Environmental Protection Agency
will extend such programs to many
small businesses that use hazardous
chemicals.
This regulation requires companies
of all sizes that use certain
chemicals to develop a "risk
management program," a regular
program of activities designed to
prevent an accidental chemical
release from occurring. Many of
these activities (such as training
employees and inspecting and
maintaining your equipment) are
essential to any successful
business. Other activities, such as
evaluating the dangers associated
with your operations and
determining how to make them
safer, are things that you think
about on a regular basis.
To comply, you will need to
develop a risk management
program and then prepare and
submit a written summary of your
program (a "Risk Management
Plan" or RMP). Your plan will be
submitted to a central location and
made available through the internet
to state and local officials involved
in planning for and responding to
chemical emergencies, and to the
public. In this way, the people who
live near your business, and the
police and firefighters who protect
them, will learn more about the
hazards of the chemicals that you
use and the steps that you are
taking to prevent accidents.
Chemical Emergency Preparedness and Prevention Office
Q^J) Printed on recycled paper
-------
Page 2
What's Next?
Facilities must have their risk management
program in place and a risk management plan
submitted by June 20, 1999. The regulation
requires that your plan be submitted to a central
repository managed by U.S. EPA . To assist
you:
(1) EPA has worked with trade associations
and other industry groups to develop a
series of industry-specific guidances that
will help walk businesses through
creating their risk management program.
Examples of businesses that can obtain
these guidances are chemical
warehouses, water treatment facilities,
propane retailers and users, chemical
distributors, and ammonia refrigeration
systems.
(2) EPA is developing a computer diskette to
allow companies to submit their risk
management plans electronically. (Small
businesses that are unable to do so may
be eligible for a waiver so they can
submit their plans on paper.)
Once your risk management plan is submitted, it
will be reviewed for accuracy and completeness.
A site visit may also be conducted at your facility
by either EPA, state, or local officials to
determine whether your plan accurately reflects
your risk management program in operation.
Key Dates
Industry-specific guidances available
starting Summer 1998
Computer diskette available
January 4, 1999
Risk management plans accepted
beginning January 1999
Risk management plans/programs due
Am I Covered?
The type and quantity of chemicals that you use
will determine whether you must report, not the
size of your company. The toxic and flammable
chemicals ("regulated substances") covered by
this new regulation include materials that many
small businesses commonly use and store. If
you handle, use, or store any of these substance
above a certain quantity, you will be required to
develop a risk management program. For
example:
If you have...
Propane
Chlorine
Ammonia
(anhydrous)
in excess of...
10,000 Ibs. (a
2,500-gallon water
capacity tank)
2,500 pounds
10,000 pounds
then you may be subject to these requirements.
If you have other chemicals, don't assume that
you will not be covered - you can compare
these with the complete list of regulated
substances available from EPA's Hotline (see
below). This rule will apply to many propane
retailers and users, cold storage warehouses,
water treatment systems, food processors,
chemical and metal products manufacturers,
chemical wholesalers, and agricultural chemical
retailers.
What Do I Have to Do?
If you are covered, EPA encourages you to
contact the Emergency Planning and RMP
Hotline (see below) to determine what
requirements apply to your operations. The rule
requires covered facilities to develop and
implement safe business practices to identify
hazards and manage risks. You must analyze
worst-case releases, document a five-year
history of serious accidents, coordinate with
local emergency responders, and file a risk
Chemical Emergency Preparedness and Prevention Office
Q^J) Printed on recycled paper
-------
PageS
management plan with EPA. If an accidental
chemical release could affect the public, you
must also analyze more realistic scenarios and
develop and implement a prevention program
that includes identification of hazards, written
operating procedures, training, maintenance,
and accident investigation. If your employees
respond to accidental releases, you also must
implement an emergency response program.
Good News: You Already Do Some of This!
The good news is that many small businesses
are already complying with many of these
requirements because they are part of the way
you operate safely. The following is a list of
programs and activities that you may be
required to do, but will not have to duplicate if
you are doing them as part of your normal
operations:
• Employee training on operating
procedures for equipment,
• Employee training on Material Safety Data
Sheets to comply with the Occupational
Safety and Health Administration's
(OSHA) Hazard Communication Standard,
• Maintenance and inspection of your
equipment and processes, and
• Documentation of your equipment
specifications.
In addition, if you are already subject to the
OSHA Process Safety Management Standard,
you are likely to be in compliance with almost
all of the prevention program requirements in
this new rule. Finally, if you already have an
emergency response plan, you are also likely to
be in compliance with that part of EPA's rule.
Why Am I Required To Do This?
The Risk Management Program rule is intended
to prevent serious chemical accidents that could
affect public health and the environment and
improve the response to accidents that do occur.
This new regulation builds upon the Emergency
Planning and Community Right-to-Know Act
(also known as SARA Title III), which requires
facilities to submit chemical inventory
information to state and local governments to
help community officials plan for and respond
to chemical accidents.
This program is also an extension of successful
federal and industry standards that established
practices for preventing hazardous chemical
incidents. Facilities that voluntarily adopted
industry standards for accident prevention or
have complied with related federal and state
programs have found that the benefits outweigh
the initial costs through:
• Improved operating performance due to
better training and safer operations;
• Avoidance of serious accidents involving
evacuation, injury, and even death;
• Better community and employee relations;
• Fewer chemical accidents; and
• Reduction in downtime caused by
equipment malfunctions.
Complying with the Risk Management Program
requirements will put you on the road toward
these important benefits. In addition, your risk
management plan will help your local fire,
police, and emergency medical personnel (who
must prepare for and respond to chemical
accidents) and will be useful to the public in
understanding the chemical hazards in your
community. The availability of your risk
management plan is intended to stimulate
communication between industry and the public
to improve accident prevention and emergency
response practices at the local level.
Chemical Emergency Preparedness and Prevention Office
Q^J) Printed on recycled paper
-------
Page 4
Where Can I Get Help?
Questions:
Answers:
Where can I find out whether this rule
applies to my operations?
Who can answer my questions?
EPA's Emergency Planning and Risk Management Program
Hotline
Toil-Free: (800) 424-9346, TDD: (800) 553-7672
DC Area: (703)412-9810
Fax: (202)651-2061
Monday-Friday, 9:00 a.m. - 6:00 p.m. EST
http://www.epa.gov/epaoswer/hotline/index.htm
Where can I order documents?
National Center for Environmental Publications and
Information (NCEPI)
Toil-Free: (800)490-9198
Fax: (513)489-8695
P.O. Box 42419, Cincinnati, Ohio, 45242-2419
http: //www. epa. gov/ncepihom/index.html
EPA's Emergency Planning and Risk Management Program
Hotline (see above)
Where can I get documents and other
resources electronically as well as the
latest compliance information?
Where can I get guidance designed for
my operations?
Where can I get information if there is
no industry-specific guidance that fits
my operations?
EPA/CEPPO Internet Homepage
http: //www .epa. gov/ceppo/
• Industry-specific Guidances (available beginning Summer
1998)
• General Guidance for Industry (available Spring 1998)
• Offsite Consequence Analysis Guidance (available Summer
1998)
Where can I find out more about
EPA's small business program in
general?
EPA Small Business Ombudsman Website
http: //www .epa. gov/sbo/
Toil-Free: (800) 368-5888
This factsheet is brought to you by your risk management program technical assistance provider:
Name:
Organization:
Phone Number:
Hours of Operation:
Chemical Emergency Preparedness and Prevention Office
Q^J) Printed on recycled paper
------- |