United States
Environmental Protection
Agency
Office of Solid Waste
and Emergency Response
(5104)
EPA550-F-99-010
June 1999
www.epa.gov/ceppo/
The  General  Duty Clause
 Clean Air Act Section 112(r)(1)
The General Duty Clause says: "The owners and operators of stationary sources
producing, processing, handling or storing [a chemical in 40 CFR Part 68 or any other
extremely hazardous substance] have a general duty [in the same manner and to the
same extent as the general duty clause in the Occupational Safety and Health Act
(OSHA)], to identify hazards which may result from... releases using appropriate
hazard assessment techniques, to design and maintain a safe facility taking such steps
as are necessary to prevent releases, and to minimize the consequences of accidental
releases which do occur."
What is the General Duty Clause
(GDC)?

In the Clean Air Act Amendments of
1990, Congress enacted Section
112(r)(l), also known as the General
Duty Clause (GDC), which makes the
owners and operators of facilities that
have regulated and extremely hazardous
substances responsible for ensuring that
their chemicals are managed safely.

Facilities have been required to comply
with GDC since November, 1990.

Who is Covered?

The General Duty Clause applies to any
stationary source producing, processing,
handling, or storing regulated substances
or other extremely hazardous substances
(EHS). Extremely hazardous substances
are any chemical listed in 40 CFR Part
68, or any other chemical which may as
a result of short-term exposures because
of releases to the air cause death, injury
or property damage due to their toxicity,
reactivity, flammability, volatility or
corrosivity.

What Does the General  Duty
Clause Involve?
           Clause are responsible for, among other
           things:

                knowing the hazards posed by the
                chemicals and assess the impacts of
                possible releases;
           •     following codes, standards and
                other business practices to ensure
                the facility is properly constructed
                and maintained - and the chemical
                is managed safely; and
                having a contingency planning
                process, which would involve
                community responders, if
                necessary, to aid in an adequate
                response in the event of an
                accident.

           The Risk Management Program

           The Risk Management Program is also
           part of the Agency's Section  112(r)
           program dedicated to recognizing hazards
           and preventing accidents. It differs  from
           the GDC in that it requires facilities that
           use listed toxic or flammable  chemicals
           above certain thresholds to make their
           hazard assessment, emergency response
           and prevention program information
           available to the public.
Facilities subject to the General Duty

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Meeting your GDC Obligations

It is important to understand that the General
Duty Clause is not a regulation and "compliance"
cannot be checked against a regulation or
submission of data. GDC requires you to be
continuously vigilant about hazards and their
reduction. It is a continuing obligation rather than
a one time reporting event.

The General Duty Clause requires you to identify
the "state of practice" in your industry: what are
similar businesses doing to identify hazards,
design and maintain a safe facility, and minimize
the consequences of accidental releases?
Generally, among  other things, you should:

(1)   Adopt or follow any relevant industry
      codes, practice or consensus standards (for
      the process as a whole as well as for
      particular chemicals or pieces of
      equipment).

(2)   Be aware of unique circumstances of your
      facility which may require a tailored
      accident prevention program.

(3)   Be aware of accidents and other incidents in
      your industry that indicate potential
      hazards.

Examples

•     A facility installed a water-based fire
      suppression system in storage areas that
      contained water-reactive chemicals.  This
      created a clearly hazardous condition. The
      General Duty Clause required the facility to
      install a fire suppression system that was
      compatible with water reactive chemicals.
•     Preventing and mitigating accidental
      releases related to Y2K failures is a GDC
      obligation.

Answers to Your Questions

      / don't have to report under the Risk
     Management Program because I lowered
      my thresholds - and I believe that I lowered
     my risk. Am I still subject to General Duty
    Clause?
    Yes. If you use an extremely hazardous
    substance in any amount you are subject to the
    GDC.

    How can I find out what GDC inspectors are
    looking for at my facility?
    Read the Guidance for Implementing the
    General Duty Clause which will be available
    this Summer on CEPPO's website.

    How can I find out about accidents and
    recognized hazards in my industry sector?
    Your trade association is a good place to start.
    CEPPO, OSHA and the Chemical Safety &
    Hazard Investigation Board periodically issue
    hazard bulletins and accident investigation
    reports. EPA also issues Chemical Safety
    Alerts and Enforcement Alerts on recognized
    hazards. EPA's Emergency Release
    Notification System is a useful first stop for
    tracking accidents.

    How has OSHA 's GDC been applied?
    Like the GDC of the Clean Air Act, OSHA's
    GDC applies when: (a) an employer fails to
    render a workplace free of hazard; (b) the
    hazard is recognized either by the employer or
    generally within the employer's industry; (c)
    the hazard causes or is likely to cause death or
    serious harm; and (d) there are feasible means
    by which the employer can eliminate or
    materially reduce the hazard.

    What are the penalties for non-compliance
    with the GDC?
    The Clean Air Act section 113(b) allows EPA
    to assess penalties of up to $27,500 per day for
    each violation.
For  More Information  on the  General Duty
Clause, Chemical Safety  Alerts, or the  Risk
Management Program ...

CAA Section 112(r) Hotline
Monday - Friday, 9am - 6pm, EST
(800) 424-9346 or (703) 412-9810
CEPPO's website: http://www.epa.gov/ceppo

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