United States                  Office of Solid Waste                   EPA 550-R-09-002
             Environmental Protection        and Emergency Response                      March 2009
             Agency                                                  www.epa.gov/emergencies
CLEAN AIR ACT SECTION 112(r): ACCIDENTAL RELEASE PREVENTION /
RISK MANAGEMENT PLAN RULE

When Congress passed the Clean Air Act Amendments of 1990, Section 112r required EPA to
publish regulations and guidance for chemical accident prevention at facilities using substances that
posed the greatest risk of harm from accidental releases. These regulations were built upon existing
industry codes and standards (available at: http://www.epa.gov/emergencies/
lawsregs.htm#fraccident)  and require companies of all sizes that use certain listed regulated
flammable and toxic substances to develop a Risk Management Program, which includes a(n):

      Hazard assessment that details the potential effects of an accidental release, an accident
       history of the last five years, and an evaluation of worst-case and alternative accidental
       releases scenarios;
      Prevention program that includes safety precautions and maintenance, monitoring, and
       employee training  measures; and
      Emergency response program that spells out emergency health care, employee training
       measures and procedures for informing the public and response agencies (e.g., the fire
       department) should an accident occur.

By June 21, 1999, a summary of the facility's risk management program (known as a "Risk
Management Plan" or "RMP") was to be submitted to EPA.  At the end of 2008, EPA had  RMPs from
about 14,000 facilities. The plans must be revised and resubmitted every five years. There are other
circumstances described in the RMP  regulations, however, which may require a more frequent
submission. New facilities must submit a completed RMP as soon as they have a covered chemical
above the threshold quantity.

The Risk Management Program is about reducing chemical risk at the local level. The RMP
information helps local fire, police, and emergency response personnel (who must prepare for and
respond to chemical accidents), and is useful to citizens in understanding the chemical  hazards in
communities.
WHO IS COVERED BY THE RMP REGULATIONS?

Owners and operators of a facility (stationary source) that manufactures, uses, stores, or otherwise
handles more than a threshold quantity of a listed regulated substance in a process, must implement
a risk management program and submit a single RMP for all covered processes at the facility.
"Process" means any activity involving a listed regulated substance, including any use, storage,
manufacturing, handling, or onsite movement of such substances, or combination of these activities.
The regulations do not apply to transportation, including storage incident to transportation.  However,
transportation containers used for storage not incident to transportation and transportation containers
connected to equipment at a stationary source are considered part of the stationary source, and are
potentially covered by the regulations. See the General Guidance on Risk Management Program for
Chemical Accident Prevention (40 CFR Part 68) at: http://www.epa.gov/emergencies/docs/chem/Toc-
final.pdf for more information on regulatory coverage.
Office of Emergency Management

-------
RISK MANAGEMENT PROGRAM                                                  MARCH 2009

WHAT CHEMICALS ARE COVERED?

The regulation includes a List of Regulated Substances under section 112(r) of the Clean Air Act,
including their synonyms and threshold quantities (in pounds) to help assess if a process is subject to
the Part 68 rule or the general duty clause. A link to EPA's list of regulated substances and their
threshold quantities can be found at: http://www.epa.gov/emergencies/content/rmp/index.htm. The
regulated substances are listed in four tables, two listing the regulated toxic substances
(alphabetically and by CAS number) and two listing the regulated flammable substances
(alphabetically and by CAS number).  States who have taken delegation of the Clean Air Act, Section
112(r) program may have additional requirements for the federally listed chemicals, and/or additional
listed chemicals.

(NOTE: Listed flammable substances used as fuel or held for sale as fuel at a retail facility are not
covered by the Part 68 regulations. However, flammable substances used for some other purpose,
such as a chemical feedstock or when held for sale as fuel at a wholesale  facility are covered by the
regulations.) The threshold quantities for toxics range from 500 to 20,000  pounds.  For all listed
flammables, the threshold quantity is 10,000 pounds.

WHAT ARE "PROGRAM LEVELS"?

An underlying principle of the regulations is that "one size does not fit all."  EPA has classified
processes into three Programs to ensure that individual processes are subject to requirements that
appropriately match their size and  the risks they pose.  As a result, different facilities covered by the
regulations may have different  requirements depending on their processes.

Program Level 1 (http://www.epa.gov/emergencies/docs/chem/Chap-02-final.pdf) applies to
processes that would not affect the public in the situation of a worst-case release (in the language of
Part 68, processes "with no public receptors within the distance to an endpoint from a worst-case
release") and with no accidents with specific offsite consequences within the past five years.
Program 1 imposes limited hazard assessment requirements and minimal  accident prevention and
emergency response requirements.

Program Level 2 (http://www.epa.gov/emergencies/docs/chem/Chap-02-final.pdf) applies to
processes not eligible for Program 1  or subject to Program 3.  Program 2 imposes streamlined
accident prevention program requirements, as well as additional hazard assessment, management,
and emergency response requirements.

Program Level 3 (http://www.epa.gov/emergencies/docs/chem/Chap-02-final.pdf) applies to
processes not eligible for Program 1  and either subject to OSHA's Process Safety Management
(PSM)  standard under federal or state OSHA programs or classified in one of ten specified North
American Industrial Classification System (NAICS) codes. Program 3 imposes OSHA's PSM
standard as the accident prevention program as well as additional hazard assessment, management,
and emergency response requirements.

Based  on their limited potential for serious offsite consequences, facilities are not required to
implement a prevention program, an emergency response program, or a management system for
Program 1 processes. Facilities with processes  in Program 2 and Program 3 must address each of
the three RMP elements described above for those processes. For more detailed information,
consult the General Guidance on Risk Management Programs for Chemical Accident Prevention (40
CFR Part 68) or one of the industry-specific guidance documents available at:
Office of Emergency Management

-------
RISK MANAGEMENT PROGRAM                                                 MARCH 2009

http://www.epa.gov/emergencies/guidance.htm for an explanation of what is involved for each of the
RMP elements.

WHERE DO YOU GO FOR MORE INFORMATION?

Visit the Risk Management Program Web site at: http://www.epa.gov/emergencies/rmp for current
information and sign up for the listserv to receive periodic updates.
Office of Emergency Management

-------