Clean Air Act Section 112r Federal Program Update

1
Clean Air Act Section 112(r)Federal Program
Update
Janice Witul
February 15, 2007 CUPA Training Workshop

• U.S. EPA Pacific Southwest Region
• Emergency Prevention and Preparedness

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CAA Section 112(r)

• Chemical Accident Prevention Provisions of the
  Clean Air Act
• Regulatory requirement for subject facilities to
  file a Risk Management Plan (RMP) by June 21,
  1999 or before covered chemical is on site
• Has General Duty Clause requiring facilities to
  consider hazards and minimize risk posed by
  chemicals

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RMP Filers in CA
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RMP Filers in CA

• 985 facilities currently registered
• 301 facilities de-registered from program
• No longer uses any regulated substance
• Source terminated operations
• Reduced inventory
• Other (possibly CalARP-only facility)
• Additional facilities have withdrawn flammable
  substances used or sold for fuel were never
  subject to rule

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RMP Filers in CA

• 47 facilities overdue for re-submission
• Additional facilities, representing 567 separate
  processes, have supplied data that indicates
  non-compliance with regulations

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Accident History - Nationwide
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Chemical Accident Prevention Provisions - No
Invitation Necessary!

• Under Cal ARP, local agency may have to ask a
  facility to register
• With EPA, a facility is subject if it meets the
  program requirements
• If a facility has a covered process, they must
  file an RMP before the substance is brought on
  site, no grace time to comply

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EPA RMP and OSHA PSM

• Co-location may not be a factor when determining
  inclusion in OSHAs Process Safety Management
  (PSM) program
• For EPA, proximity may mean inclusion in the
  program and require an RMP
• For example, cylinders stored together with only
  a few in use would all be considered part of a
  process

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EPA RMP and OSHA PSM

• The risk management program goes further than
  PSM, requiring
• Offsite consequence analysis
• Emergency Response Plan
• Actual filing of Risk Management Plan

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General Duty Clause CAA 112(r)(1)

• Statutory requirement, effective as of November
  1990
• No list of covered substances, no threshold
  quantities
• No reporting requirement, information sharing
  with public not required
• No exemptions or exclusions

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Substances Covered under GDC

• Extremely hazardous substances
• Short- term exposures associated with releases to
  air may cause death, injury, or property damage
  due to toxicity, reactivity, flammability,
  volatility, or corrosivity
• Includes, but not limited to, RMP list of toxic
  and flammable substances

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Broad Facility Responsibilities under GDC

• Identify hazards of chemicals, and assess impact
  of potential releases
• Design and maintain safe facilities
• Follow codes, standards and other business
  practices
• Minimize consequences of accidental releases

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GDC- Considerations for Safe Processes

• What are similar businesses doing to minimize
  hazard?
• Codes and standard practices
• EPA and other Safety Alerts, Case Studies, and
  Investigation Reports
• Trade association guidelines
• What is the accident history of my industrial
  sector?
• Lessons learned

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RMP Listed Substances

• CalARP covers more substances and may have lower
  thresholds
• No solids under the federal program (and no
  modeling available)
• Facilities may be submitting RMPs to EPA when it
  is not necessary

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Filing Deadlines

• Facilities must resubmit RMPs at 5 year
  intervals no grace period to work with agency on
  the plan/program after that due date

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Resubmit vs Update

• Updates may be done on-line through Central Data
  Exchange (CDX) for some minor changes
• Even changes made by submitting RMP on media may
  not affect the re-submittal date
• The additional information required by June 2004
  did not extend re-submittal dates.

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After RMP is submitted

• There are additional responsibilities, it is not
  a static program that ends with filing
• Certification of receipt and completion from RMP
  Reporting Center does not indicate that an RMP is
  in compliance with regulations
• Late filing not taken into consideration
• Offsite Consequence Analysis (OCA) may be
  calculated incorrectly
• Program level may be incorrect

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Important Dates reported in RMPs

• PHAs, Compliance Audits, and SOP review dates are
  requested
• Leaving these entries blank or having future
  dates will flag EPA inspectors
• Having dates (as of the filing) that are more
  than 5 years, 3 years, and 1 year past will flag
  inspectors

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PHAs and Compliance Audits

• The dates that these are performed is important,
  as is the make-up of the teams
• Dates of when recommended actions were, or will
  be, completed is necessary
• If such completion dates are not shown in
  facility documentation, objective quality
  evidence is required

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General Recordkeeping and Official Documents

• Have forms completely filled out with names,
  dates, and relevant information
• No notes or line-outs made without signature and
  date
• When the above practices are not followed, a
  document does not appear to be official

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Deregistration

• EPA requires a de-registration letter be
  submitted for facilities that have reduced
  inventory or no longer use any covered substance
• Form is available on the RMPSubmit program
• Withdrawal (for flammable fuels) can be achieved
  with a form from website
• http//yosemite.epa.gov/oswer/ceppoweb.nsf/cont
  ent/
• RMPsubmission.htmWithdrawal

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Deregistration Letter
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Withdrawal Letter
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Contact Information
RMP Reporting Center [phone] 8 am-430
pm M-F Eastern Time or via e-mail
userrmp.usersupport_at_epcra.org. They can provide
your EPA ID number, a copy of your certification
letter, or a copy of your RMP ASCII file
http//yosemite.epa.gov/oswer/ceppoweb.nsf/content
/index.html

• U.S. EPA Pacific Southwest Region
• Emergency Prevention and Preparedness

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Contact Information
Janice Witul EPCRA/RMP Compliance Officer (415)
972-3089 witul.janice_at_epa.gov Karin Graves
EPCRA/RMP Inspector [phone] graves.karin_at_e
pa.gov
http//yosemite.epa.gov/oswer/ceppoweb.nsf/content
/index.html

• U.S. EPA Pacific Southwest Region
• Emergency Prevention and Preparedness