Clean Air Act Section 112(r) Federal Program Update

1. Clean Air Act Section 112(r)Federal Program Update U.S. EPA Pacific Southwest Region Emergency Prevention and Preparedness Janice Witul February 15, 2007 CUPA Training Workshop

2. 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

3. RMP Filers in CA

4. 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• Source terminated operations • Reduced inventory • Other (possibly CalARP-only facility) • Additional facilities have withdrawn; flammable substances used or sold for fuel were never subject to rule

5. 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

6. Accident History - Nationwide

7. 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

8. EPA RMP and OSHA PSM • Co-location may not be a factor when determining inclusion in OSHA’s 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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.

17. 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

18. 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

19. 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

20. 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

21. 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 RMP*Submit program • Withdrawal (for flammable fuels) can be achieved with a form from website: http://yosemite.epa.gov/oswer/ceppoweb.nsf/content/ RMPsubmission.htm#Withdrawal

22. Deregistration Letter

23. Withdrawal Letter

24. Contact Information RMP Reporting Center (310) 429-5018 8 am-4:30 pm M-F Eastern Time or via e-mail: userrmp.usersupport@epcra.org. They can provide your EPA ID number, a copy of your certification letter, or a copy of your RMP ASCII file U.S. EPA Pacific Southwest Region Emergency Prevention and Preparedness http://yosemite.epa.gov/oswer/ceppoweb.nsf/content/index.html

25. Contact Information Janice Witul EPCRA/RMP Compliance Officer (415) 972-3089 witul.janice@epa.gov Karin Graves EPCRA/RMP Inspector (415) 972-3153 graves.karin@epa.gov U.S. EPA Pacific Southwest Region Emergency Prevention and Preparedness http://yosemite.epa.gov/oswer/ceppoweb.nsf/content/index.html