EHSO home page - Free Environmental Health & Safety information, guidance and downloads of regulations and manuals online for home or EHS professional.

Environment, Health and Safety Online

The site for free, objective information you can use! 

Free information for the general public and  EHS professionals

 

Search the site

Feedback

Acronyms

Services

Who are we?  - How to get helpFAQs  -  Quick links: Today's Federal Register  - Contact Info: EPA  - State agencies - OSHA - DOT   Regs: Search Government regs and sites Data: Search EPA databases

Risk Management Planning (RMP) Guide for Authorized States
presented by EHSO (Benivia, LLC)  (www.ehso.com)

Technical Guidance for Clean Air Act, Section 112(r)

If your facility is located in an authorized state (a state whose RMP program has been approved by the federal EPA and has been granted authority to regulate RMPs) then this page is for you!  At the moment, EHSO is only aware of the State of Georgia being authorized.  Therefore, Georgia facilities would submit RMP's to the Georgia EPA; while all other states would submit to their regional EPA RMP coordinator.  As states become authorized, we will add them here!

Even if your facility is not located within the State of Georgia, you will still find very useful information on this page.

bulletEPCRA and the RMP bulletBackground of 112(r) bulletRegulated Substances and General Duty bulletProgram Elements bulletRisk Management Program Requirements bulletElectronic Submission of RMP Data Elements bulletRisk Communication bulletModel Program Plans bulletCompliance Seminars Schedule bulletRegulatory Interpretive Memorandum (RIM) bulletQuestions & Answers bulletTechnical Assistance

EPCRA and the RMP

Section 112(r) of the Clean Air Act, (CAA), Risk Management Program (RMP) is considered, in part, to be an extension of the Emergency Planning and Community Right-to-Know Act (EPCRA). With the intent of single state agency regulating the CAA, and doing so where expertise and comparable programs exist, Section 112(r) will be implemented and regulated for Georgia in the Emergency Response Team Program, Program Coordination Branch, in conjunction with the Air Protection Branch, under the Environmental Protection Division. Section 112(r) issues will be handled by the Risk Management Program section. All other Clean Air Act issues to include Title V permitting and compliance will be managed in the Air Branch. (See the Technical Assistance section of this website for 112(r) issue contacts.)

In order to receive a Title V permit, sources must certify that they are in compliance with 112(r), according to the Georgia Air Quality Control Act.

Background of 112(r)

The Clean Air Act Amendment of 1990, as passed by Congress, includes Section 112(r), which deals with chemical risk management and risk reduction.

The USEPA promulgated the final rule for Section 112(r) in June of 1996, with full compliance required by subject facilities no later than June 1999. If you would like to view Section 112(r), click here. ( You must scroll down to section r.)

The Georgia Board of Natural Resources has adopted the federal rule by reference which means the state compliance requirements are identical to the requirements specified in the federal rule. The intent is to maintain a policy of no additional requirements at the implementing agency level.

Georgia EPD, based on public input, elected to seek full delegation to implement the requirements of 112(r) and launched an outreach and education program in the fall of 1996. In May of 1998, Georgia was the first state to receive full delegation of the program from USEPA.

Regulated Substances and General Duty

All facilities with a quantity of a regulated substance greater than the threshold quantity for that substance in a process must comply with 112(r). You must refer to 40CFR68 subparts A - H to obtain a clear picture of what is required. (Click here to view 40CFR68.)

If after reviewing the subparts, you are still unsure whether or not your facility must meet 112(r) requirements, here’s what you need to do first:

a) Review the list of regulated substances and their threshold quantities. Click here to see the list. (Plug in 40 CFR68.130.)

b) Determine if you have any of these substances at or above the threshold quantities. This amount is not based upon an average or determined on an annual basis. It is the total quantity in a single process at any particular time. If your facility has interconnected vessels, you must use the quantity contained in all the vessels.

c) If your chemical inventory does not exceed the threshold for a regulated substance, and you will never maintain such a quantity, your facility is not required to meet all of the requirements. However, under the provisions of the general duty clause, your facility does have an obligation to meet the Risk Management Program requirements if you have any extremely hazardous substance. We are quoting the General Duty Clause for your interpretation as follows:

“(1) PURPOSE AND GENERAL DUTY. --- It shall be the objective of the regulations and programs authorized under this subsection to prevent the accidental release and to minimize the consequences of any such release of any substance listed pursuant to paragraph (3) or any other extremely hazardous substance. The owners and operators of stationary sources producing, processing, handling or storing such substances have a general duty in the same manner and to the same extent as section 654, title 29 of the United States Code, to identify hazards which may result from such 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. For purposes of this paragraph, the provisions of section 304 shall not be available to any person or otherwise be construed to be applicable to this paragraph. Nothing in this section shall be interpreted, construed, implied or applied to create any liability or basis for suit for compensation for bodily injury or any other injury or property damages to any person which may result from accidental releases of such substances.”

If you have some quantity of a regulated substance, it would be good practice to develop an RMP. In the event of an accidental release with off-site consequences, your facility will have done what is reasonable in the eyes of USEPA. (USEPA will regulate the general duty clause.)

If your facility meets or exceeds the threshold quantity for a regulated toxic or flammable, refer to the Program Elements section of this website, to determine which Program your facility is eligible.

Program Elements

A source may fall under one of three Risk Management Program levels. Each Program has different eligibility criteria and requirements for compliance with the rule.  If the following description seems confusing, just click here for an interactive version that operates like a flowchart.

For 112(r) to be applicable, your facility must have more than the threshold quantity of a regulated substance.

To be eligible for Program 1, your facility must meet the following criteria:

a) No off-site accident history, i.e., no spills with off-site consequences within the past five years.

b) No public receptors in the worst case circle. A hazard assessment must be done to determine which program your facility is eligible for.

c) Document that emergency response for any (offsite) accident that might occur at your facility has been coordinated with local responders, (such as the fire department, emergency planners, risk managers, or LEPC.)

Follow the Risk Management Program requirements for Program 1.

To be eligible for Program 3, your facility has:

a) One or more public receptors in its worst case circle; or,

b) Had a qualifying accident in the past five years; and,

c) a process subject to OSHA’s PSM standard (if you’re not sure, click here to view the rule); or,

b) a process that falls under one of the following NAICS codes: 32211, 32411, 32511, 325181, 325188, 325192, 325199, 325211, 325211, 32532. Again, if you’re unsure of your facilities NAICS codes, click here for a listing of codes and their respective titles.

Follow the Risk Management Program Requirements as outlined for Program 3.

If your facility is neither eligible for Program 1, nor Program 3, then your facility automatically defaults to Program 2.

Follow the Risk Management Program Requirements as outlined for Program 2.

Risk Management Program Requirements

If your facility is eligible for Program 1, the following must be included in your Risk Management Plan.

a. Electronically submit to EPA.

b. Executive summary.

c. Hazard assessment. Every facility that has in a process a regulated substance in a quantity greater than the threshold quantity as EPA mandates must determine the worst case scenario in order to select a Program. EPA has developed guidance look-up tables to assist in determining the worst case scenario for your facility. Click here, scroll to CAA112(r) OCA (PDF)(722KB) to view these tables. All regulated substances held above the threshold quantity must be evaluated to determine the worst case scenarios. Verification of the worst case evaluations will be requested by the regulating agency.

d. Five year accident history. Describe your facility’s five year accident history.

e. Certification. See 40CFR68.12b(4).

f. Coordinate with local response units to meet your worst-case needs in the event of an accident. Make provisions for notification of these units in the event of an accidental release.

g. Planned changes to improve safety.

h. Registration. (Covering all regulated substances in a single process pertaining to specific facility information.)

i. Updates.

If your facility defaults to Program 2, include the following in your Risk Management Plan:

a. Electronically submit to EPA.

b. Executive summary.

c. Hazard assessment. Include one worst case scenario for all toxics, and one for all flammables. If a worst case scenario potentially affects public receptors different from the first two, it must be included as well. Documentation that verifies the worst case, as well as, alternative release scenarios is required. (All regulated substances held at or above the threshold quantity must be evaluated to determine the worst case.) One alternative scenario for each and every toxic chemical held above the threshold, as well as at least one scenario which represents all flammable chemicals held above the threshold quantity, must be documented as well. Note: these alternative release scenarios must indicate an off-site consequence.

d. Five year accident history. (Be prepared to answer questions from your community regarding any releases.)

e. Certification.

f. Emergency response plan. Tailor it to meet the requirements of the regulated substances you have at your facility. The plan should outline specific response characteristic to each toxic and flammable chemical held above the threshold. Note: the purpose is to protect public health and the environment. Coordinate your facility’s plan with the community emergency response plan. (Response officials have authority to request information from your facility to implement the community plan.)

If your facility is not capable of handling an emergency, develop your response plan to include community response units that already have equipment and trained individuals ready to handle accidents and emergencies.

g. Planned changes to improve safety.

h. Registration.

i. Updates.

j. Management plan.

k. Prevention program. Include the following:

  1. Safety information; on the regulated substances, processes, and equipment
  2. Hazard review; associated with the regulated substances, processes, and procedures
  3. Standard operating procedures
  4. Training; ensure that employees dealing with regulated substances or processes are competent in the operating procedures
  5. Maintenance; maintain mechanical integrity - must also be trained to maintain mechanical integrity (including all contract workers as well)
  6. Incident investigation; for each incident that resulted in or might have resulted in catastrophic releases
  7. Compliance audit; on provisions of Subpart C, every three years by a knowledgeable person.

Program 3 facilities must meet these requirements for the Risk Management Program.

a. Electronically submit to EPA.

b. Executive summary.

c. Hazard assessment. See c) under Program 2 requirements.

d. Five-year accident history. See d) under Program 2 requirements.

e. Certification.

f. Emergency response program. See e) under Program 2 requirements.

g. Planned changes to improve safety.

h. Registration.

i. Updates.

j. Management plan.

k. Prevention program. Include the following:

  1. Process safety information. This pertains to each regulated process, use SOP’s. Identify hazards within the process. Gather information on regulated substances within the process.
  2. Process hazard analysis. Identify, evaluate, and control hazards involved in the process.
  3. Operating procedures
  4. Training. Train employees on hazards and safe work practices.
  5. Mechanical integrity. Document procedures for maintaining mechanical integrity. Include training, maintenance, inspections, quality assurance, etc.
  6. Management of change. For changes in process chemicals, technology, equipment, and procedures.
  7. Pre start-up review. For new changes where a change is required in process safety information.
  8. Compliance audit. Audit by knowledgeable person; develop report and respond to the findings.
  9. Incident investigation. Investigate within 48 hours of an incident, develop a report, and respond to the findings.
  10. Employee participation. Develop a written plan of action for employee participation in the prevention program. Verification and documentation is necessary.
  11. Hot work permits. This pertains to employees working in areas where heat is above ambient room temperature (i.e., welding).
  12. Contractors. Safety training must be conveyed to all contract workers, working in or around a covered process.

The Risk Management Plan itself is not sent to EPA; the plan must remain at your facility. Georgia has accepted delegation of this program from EPA. This means that the state agency will be evaluating the “plans” to ensure they meet the program requirements. The state agency will not, however, determine how well the program meets the requirements, only that the requirements are being met. The State of Georgia does not have the authority to “approve” or “disapprove” the contents of the program.

Electronic Submission of RMP Data Elements

The EPA is still developing the data reporting package. EPD expects it to be available to facilities by January 15, 1999. A list of the data elements to be included in the reporting package is available.

EPA is still currently planning to mail a disk package to sources that are subject to 112(r). (If your facility does not receive a disk package, call or write to request one. If your facility is subject to Program 1, 2, or 3, you must submit to EPA by June 21, 1999 to attain compliance.)

Again, the information submitted to EPA is simply an outline of your Risk Management Plan. The Plan itself must remain on-site for obvious reasons.

The purpose of 112(r) is to inform communities of the chemical hazards within their proximity, and how they may be harmed by them. The information database will be made available to the public via the Internet. A prototype of the query page is available.

Risk Communication

There is no requirement by law or rule that a 112(r) subject facility communicate risk or any part of the RMP compliance data to the general public, (other than reporting data elements to USEPA). However, the following is extracted from the preamble to EPA’s final rule for 112(r): “EPA believes that information about hazards in a community can and should lead public officials and the general public to work with industry to prevent accidents. For example, today’s rule requires covered sources to provide information about possible worst-case scenarios. EPA intends that officials and the public use this information to understand the chemical hazards in the community and then engage in a dialogue with industry to reduce risk.”

Realizing that risk communication is a critical part of risk management, Georgia EPD sponsored the Augusta risk communication project which established a “how to” model for many facilities nation-wide. Additional information and literature is available from any of the Georgia EPD contacts.

We believe that a comprehensive community risk communication strategy is essential to the coherent implementation of Section 112(r) and public understanding of chemical risk. With this in mind, Georgia EPD has committed to provide technical communication and compliance assistance to all regulated facilities that form groups at the community level to develop programs and communication strategies.

Model Program Plans

EPA is developing sample risk management plans for several of the listed chemicals. Chlorine, ammonia, and propane are the first on their list. 

These programs will provide you with examples of plans including, “what you really need” to include in your Risk Management Plan.

The State of Georgia provided training on these model programs at seminars named Plan-in- Hand.  These are finished, but you can call the Ga EPD to inquire if there will be more.

The Water Works Association is also developing some model plans. Click here for information on their plan development.

Compliance Seminars Schedule

The State of Georgia’s goal is for all of the regulated facilities in Georgia to be in compliance on or before June 20, 1999. We will be providing several types of training sessions. Click here to see the most recent schedule.

Also, your LEPC can assist you in development of an RMP consistent with other regulated facilities in your community. If your community is not currently sponsored by an LEPC, you may be able to obtain some information from the local fire department, or you might contact your neighbors directly. We cannot stress enough the importance of consistency of information. As the outline of your RMP will be available to the public, it is imperative that you and your neighbors provide consistent information when dealing with the same regulated substance in similar quantities.

Regulatory Interpretive Memorandum

Regulatory interpretive memorandum (RIM) will be published in this section as required. Several areas of compliance are under review for RIM at this time. (See the most recent RIM.)

Anyone who identifies an area that requires interpretation and/or clarification is encouraged to raise the issue with any of the Georgia contacts.

Questions and Answers

EPA developed a list of 112(r) related questions and answers. View the file of EPA’s Q & A.

The State of Georgia is publishing its own list of frequently asked questions.

Technical Assistance

If you have further questions, or would like more information about 112(r) in Georgia, feel free to contact any of the following:

Anywhere:

Email to: Subject: RMP Questions at Address: Feedback

In Georgia, email as above or  you may call 404-656-6905, or write Georgia EPD, 7 MLK Jr. Drive, Atlanta Ga, 30334.

If you would like information from EPA Region IV, contact Michelle Thornton at 404-562-9121, or write USEPA Region IV, 61 Forsyth Street SW, Atlanta, Georgia, 30303-3104. Her e-mail address is: Patmon.Michelle@epamail.epa.gov

Click here to return to TOP of page.

 

This page was updated on 22-Mar-2017