Transcript Adam Sowatzka - CAA 112(r) Federal Program Update

Hot Topics in CAA – 112(r)
Federal Program Update
GA AWMA REGULATORY
UPDATE CONFERENCE
Adam G. Sowatzka
April 16, 2013
Agenda
Background
• Risk Management Program
• General Duty Clause
• EPA Enforcement
• Questions
•
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Background
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Why Address Risk Management?
•
Congressional response to
preventing further major
chemical accidents:
― Bhopal, India (Methyl
Isocyanate release, 2,800
deaths, 1984)
― Institute, West Virginia
(100 plus injured, 1985)
― Pasadena, Texas (plastics
plant fire, 23 deaths, 1989)
http://www.youtube.com/watch?feature=player_detailpage&v=3l2PQEjMnnM
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Risk Management Program –
Federal Statutory Provisions
EPCRA – Emergency Planning and Community
Right-to-Know Act (SARA Title III), Sections 302312
• CERCLA – Comprehensive Environmental
Response, Compensation and Liability Act, Section
103
• CAA – Clean Air Act Section 112(r)(7), Chemical
Accident Prevention Provisions and Risk
Management Plans; and Section 112(r)(1) General
Duty Clause
•
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CAA Section 112(r)
Regulatory requirement for subject facilities to
file a Risk Management Plan (RMP) by June 21,
1999 or before covered chemical is on site
• Includes “General Duty Clause” (GDC) requiring
facilities to consider hazards and minimize risk
posed by chemicals
•
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EPA’s Risk Management Program
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Who is subject to the RMP regulations?
Stationary sources that have more than a threshold
quantity (TQ) of a listed substance
• EPA has developed a list of chemicals:
― 77 toxic
― 63 flammable
• If a facility stores one of these chemicals at
quantities greater than a TQ….. THE FACILITY
MUST HAVE A RISK MANAGEMENT PLAN
•
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Key Elements of RMP
Employee participation plan
• Process safety information (documentation of the
process)
• Process Hazard Analysis (PHA)
• Operating procedures
• Operator training
• Contractor evaluation and selection
• Pre-start-up safety reviews
•
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Key Elements of RMP Cont’d
Mechanical integrity program
• Hot work permitting process
• Management of Change (MOC)
• Incident investigation
• Emergency planning and response
• Compliance audits
•
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RMP Filing
Facilities must resubmit RMPs at 5 year intervals
• There are additional/on-going responsibilities − it
is not a static program that ends with filing of RMP
• Certification of receipt and completion from RMP
Reporting Center does not indicate that an RMP is
in compliance with regulations
•
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Important Dates Reported in RMPs
Process Hazard Analysis
(PHAs), compliance audits,
and SOP review dates
• Red flags:
― Leaving these entries blank
or having future dates
― Having dates (as of the
filing) that are more than 5
years, 3 years, and 1 year
past due
•
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PHAs and Compliance Audits
Must be performed by proper personnel
• Corrective actions/recommendations required for
noted deficiencies
• If completion dates are not shown in facility
documentation, objective quality evidence is
required
•
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General Duty Clause
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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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General Duty Clause – CAA §112(r)(1)
•
The owners and operators of stationary sources producing,
processing, handling or storing such substances [i.e., 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 (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.
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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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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 Practices
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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EPA Enforcement
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EPA’s Enforcement Initiatives
Fiscal Years 2011-2013:
•
•
•
•
•
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Preventing the release of raw sewage and contaminated
stormwater
Preventing animal waste from contaminating surface
and ground waters
Cutting toxic air pollution that affects health
Reducing air pollution from largest sources
Reducing pollution from mineral processing operations
Assuring energy extraction sector compliance
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EPA Enforcement Overview
Inspection
• Information request
• Administrative Compliance
Order
• Penalty action
― Administrative
― Judicial Referral
― Criminal
•
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EPA RMP and GDC Enforcement
Case
Date
Penalty
Injunctive Relief
Tyson Foods
4/4/2013
$3.9 million
RMP audits at 21 facilities
JP Lillis Enterprises,
d/b/a Cape Cod Ice
1/9/2013
$225,000
Various corrective actions related to its
ammonia program
Suiza Dairy
Corporation
9/28/2012
$275,000
$3.75 million in facility upgrades
C.A.I., Inc. of
Danvers,
Massachusetts
8/15/2011
$100,000
$1.3 million for site clean-up related to a
removal action caused by a fire
BP Products North
America Inc.
9/30/2010
$15 million
Implement defined compliance program
including monthly reports to EPA
D.D. Williamson &
Co, Inc.
10/7/2009
$300,000
Conduct RMP audit and take corrective
actions based on that audit
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Questions
Adam G. Sowatzka
Partner
King & Spalding
1180 Peachtree Street, N.E.
Atlanta, GA 30309-3521
Direct: 404-572-3508
Fax: 404-572-5136
Cell: 770-309-5349
[email protected]
www.kslaw.com
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