Transcript ENFORCEMENT in the PACIFIC SOUTHWEST

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
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
RMP Filers in CA
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• Additional facilities have withdrawn;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
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
Accident History - Nationwide
600
462 480
416
400
348
342
255 226 248 233
200
0
5 96 97 98 99 00 01 02 03
9
19 19 19 19 19 20 20 20 20
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
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
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
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
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
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
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
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
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
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.
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
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
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
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
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
Deregistration Letter
Withdrawal Letter
Contact Information
RMP Reporting Center
(310) 429-5018
8 am-4:30 pm M-F Eastern Time
or via e-mail: [email protected].
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
Contact Information
Janice Witul
EPCRA/RMP Compliance Officer
(415) 972-3089
[email protected]
Karin Graves
EPCRA/RMP Inspector
(415) 972-3153
[email protected]
http://yosemite.epa.gov/oswer/ceppoweb.nsf/content/index.html
U.S. EPA Pacific Southwest Region
Emergency Prevention and Preparedness