xvEPA
United States
Environmental Protection
Agency
Office of Solid Waste
and Emergency Response
(5104)
EPA 550-F-98-012
April 1998
www.epa.gov/ceppo/
Modifications to the List of Regulated
Substances
Clean Air Act, Section 112(r)
On January 31,1994, the Environmental Protection Agency established a list of
chemicals and threshold quantities that identify facilities subject to the risk manage-
ment planning requirements of the Clean Air Act (CAA) section 112(r). The sub-
stances were listed because they have the potential to pose the greatest hazard to
public health and the environment in the event of an accidental release. On August
25, 1997, and January 6, 1998, EPA published final rules modifying sections of the
original rule (known as the List Rule) that listed covered chemicals and thresholds.
Background on the Original
1994 List Rule
Under the risk management pro-
gram in section 112(r) of the Clean
Air Act, facilities that handle certain
hazardous substances must act to
reduce the likelihood and severity of
accidental chemical releases.. To
comply with section 112(r), facilities
must conduct a hazard assessment,
develop a prevention program,
implement an emergency response
program, and submit a summary of
their program to EPA. Since these
summaries, known as Risk Manage-
ment Plans (RMPs), are to be made
publicly available, communities will
now be able to receive facility-
specific information on potential
hazards and the steps being taken to
prevent accidents. EPA expects that
this new information about accident
prevention programs will foster
community dialogue about chemical
hazards. EPA believes this dialogue,
as well as implementation of the
facility prevention programs, will
contribute to reducing the number
and severity of chemical accidents.
To determine which facilities would
be required to implement a risk
management program, EPA was
required to develop an initial list of
at least 100 substances that, in the
event of an accidental release, could
cause death, injury, or serious
adverse effects to human health or
the environment. If a facility has
more than a threshold quantity of
these substances in a process, then it
must develop and implement a risk
management program. Facilities
must submit their summaries, or
RMPs, by June 21,1999.
The list EPA published in 1994 (40
CFR §68.130) included 77 acutely
toxic substances, 63 flammable gases
and volatile flammable liquids, and
Division 1.1 high explosive sub-
stances as listed by the Department
of Transportation. The List Rule
established a threshold quantity for
each listed substance and estab-
lished procedures for making a
threshold determination. Recent
modifications to the rule have
deleted or exempted certain sub-
stances and clarified sections of the
rule.
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What Has Changed?
On August 25,1997, and January 6,1998, EPA modi-
fied the List Rule as follows:
Modification of hydrochloric acid listing. EPA
removed hydrochloric acid solutions at concentra-
tions of less than 37% hydrogen chloride. Solutions
of 37% or greater remain on the list.
£D
Deletion of explosives. In response to actions taken
by the explosives industry, EPA deleted Division 1.1
explosives (high explosives). The explosives industry
developed and will implement new safety practices,
including actions to enhance coordination between
explosives facilities and emergency planners. As a
result, EPA concluded that current regulations and
voluntary industry practices adequately protect the
public and the environment from the hazards of
accidents involving explosives.
&>
Clarification for flammable mixtures. EPA clarified
that regulated flammable substances in mixtures that
do not have a National Fire Protection Association
(NFPA) flammability hazard rating of 4 are not
covered by the rule. This clarification reflects EPA's
original intent to focus on flammable substances
with the potential to be involved in vapor cloud
explosions that are hazardous to the public.
£a
Threshold determination exemption. Regulated
flammable substances in gasoline used as fuel are
exempted from threshold quantity determinations.
EPA took this action because gasoline is a mixture
that has an NFPA flammability rating of less than 4,
meaning that it does not present a significant explo-
sion risk to the public from vapor release to the air.
EPA also exempted regulated substances in naturally
occurring hydrocarbon mixtures prior to initial
processing because the Agency believes that the
hazards of such mixtures do not warrant regulation.
A
Revisions to the stationary source definition.
(1) EPA clarified that the exemption for regulated
substances in transportation is not limited to pipe-
lines - it can also include activities "incident" to
transportation such as unloading and immediate re-
loading of regulated chemicals. (2) EPA also removed
references to "active shipping papers" because they
won't be generated in every instance and to "tempo-
rary storage" in order to avoid confusion with
storage incident to transportation. (3) The definition
was further modified to clarify that naturally occur-
ring hydrocarbon resevoirs, such as underground
wells that produce crude oil and gas, are not station-
ary sources.
&>
Exemption of Outer Continental Shelf sources.
Facilities on the Outer Continental Shelf, such as oil
exploration platforms, are not covered under CAA
Will There Be More Changes to the List?
EPA must review the list of chemicals and threshold
quantities every five years. As a result of these
reviews, EPA may decide to make further changes to
the list. The List Rule also includes a process that
allows members of the public to petition for addition
of chemicals to the list, or deletion of listed chemi-
cals.
For More Information
This factsheet briefly outlines major changes to the List
Rule - you will need to read the regulation for a more
comprehensive explanation ofho w this affects your
facility. For more information on the original listof
chemicals and the modifications made to it, you may
either call EPA'stoll-freehotlineorvisittheCEPPO
website:
CAA 112(R)/EMERGENCYPLANNINGAND
COMMUNITY RIGHT-TO-KNOW HOTLINE
(800) 424-9346 OR (703) 412-9810
TDD (800) 553-7672
Monday-Friday, 9:00 am to 6:00 pm EST
CEPPO HOME PAGE at http://www.epa.gov/ceppo/
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