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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