Introduction
The Clean Air Act (CAA) establishes our Nation's ambient air quality standards. Its purpose is "to protect and enhance the quality of the Nation's air resources so as to promote public health and welfare and the productive capacity of its population..." The CAA establishes emission limits for both existing and new pollution sources, sets emission standards for hazardous air pollutants, and mandates that the production of certain ozone-depleting substances will end. Section 112(r) of the CAA Amendments of 1990 required the Environmental Protection Agency (EPA) to publish regulations for a "Risk Management Program" focused on the prevention of chemical accidents. The EPA published the final regulations addressing Risk Management Programs on 20 June 1996 at 61 FR 31668, "Accidental Release Prevention Requirements: Risk Management Programs.; Final Rule." This final rule amended Title 40 CFR Part 68, "Chemical Accident Prevention Provisions."
This Fact Sheet provides background information on the CAA and a summary of the CAA Risk Management Program to raise awareness and prepare Air Force installations for the associated requirements and upcoming deadlines.
Program Applicability
The provisions of Title 40 CFR Part 68 apply to owners and operators of stationary sources that have more than a threshold quantity of a regulated substance in a process. (For definitions, see "Important Terms" below.)
The EPA estimates that over 60,000 stationary sources in the U.S. will be covered by the new Risk Management Program Rule, including chemical and plastics manufacturers, refineries, retailers, drinking water systems, wastewater treatment works, ammonia refrigerant systems, utility companies, and Federal facilities. Air Force organizations likely to be involved in complying with the Risk Management Rule include civil engineering, bioenvironmental engineering, environmental management, fire department, safety, security police, legal, public affairs, transportation, and disaster preparedness.
Chemicals commonly found at Air Force installations that may trigger the requirements of Title 40 CFR Part 68 (if present at or above threshold quantities) are chlorine, sulfur dioxide (anhydrous), hydrazine, ammonia, hydrochloric acid, and nitric acid. Other regulated substances could include common flammable substances such as propane, methane (natural gas), acetylene and butane.
DoD Policy and Guidelines
The Department of the Air Force, DSC/Installation & Logistics, Office of the Civil Engineer, Environmental Division (HQ USAF/ILEV) issued a 29 January 1998 memorandum entitled "Clean Air Act (CAA) Section 112(r): Prevention of Accidental Releases." The memorandum provides guidance and a brief summary of the regulatory requirements of Title 40 CFR Part 68 and includes Attachment 1: "Risk Management Plan Guidance and Overview." The Point of Contact for questions about this memorandum is Mr. Neil Rochelle, HQ USAF/ILEVQ, DSN 664-0647, e-mail: Neil.Rochelle @af.pentagon.mil. Copies of the memorandum (including attachments) are available from DENIX at http://www.denix.osd.mil/denix/DOD/Library/Air/CAA/RMP/rmpguid1.html or from PRO-ACT.
A guidebook entitled "Technical Compliance Guide for Clean Air Act Section 112(r) Risk Management Program," 1997, is available from the U.S. Army Center for Health Promotion and Preventive Medicine (USACHPPM). The Army guide provides regulatory overviews and checklists for determining compliance with elements of the new regulation. The guide also provides examples and forms to aid in document preparation. In addition, a detailed appendix provides guidance for completion of the offsite consequence analysis. Copies of the Guide are available by contacting USACHPPM at DSN 584-3500, (410) 436-8153, or by visiting http://chppm-www.apgea.army.mil/air/ap_home.htm.
Important Terms
The following definitions are from the CAA or Title 40 CFR Part 68 and pertain to the Risk Management Program. It is advised that the meaning of these terms be shared and commonly understood by installations and local regulatory officials.
- Accidental release means an unanticipated emission of a regulated substance or other extremely hazardous substance into the ambient air from a stationary source.
- Catastrophic release means a major uncontrolled emission, fire, or explosion, involving one or more regulated substances that presents imminent and substantial endangerment to public health and the environment.
- Classified information means "classified information" as defined in the Classified Information Procedures Act, 18 U.S.C. App. 3, section 1(a) as "any information or material that has been determined by the U.S. Government pursuant to an executive order, statute, or regulations, to require protection against unauthorized disclosure for reasons of national security."
- Covered process means a process that has a regulated substance present in more than a threshold quantity. (Covered processes are where accidents are most likely to occur, and therefore be prevented, and are where accident prevention measures are focused.)
- Environmental receptor means natural areas such as national or state parks, forests or monuments; officially designated wildlife sanctuaries, preserves, refuges or areas; and Federal wilderness areas, that could be exposed at any time to toxic concentrations, radiant heat, or overpressure greater than or equal to the endpoints provided in Section 68.22(a), as a result of an accidental release and that can be identified on local U.S. Geological Survey topographic maps.
- Injury means any effect on a human that requires medical treatment or hospitalization resulting from either: 1) direct exposure to toxic concentrations; 2) radiant heat; 3) overpressures from accidental releases; or 4) overpressures from the direct consequences of a vapor cloud explosion.
- Offsite means areas beyond the property boundary of the stationary source, and areas within the property boundary, to which the public has routine and unrestricted access during or outside business hours. (NOTE: Offsite may include on-base locations where retirees, military dependents, and members of the public are present. For air quality purposes at installations, offsite does not necessarily mean "fenceline.")
- Owner or operator means any person who owns, leases, operates, controls, or supervises a stationary source.
- Process means any activity involving a regulated substance including any use, storage, manufacturing, handling or on-site movement of such substances, or combination of these activities. For the purposes of this definition, any group of vessels that are interconnected, or separate vessels that are located such that a regulated substance could be involved in a potential release, shall be considered a single process.
- Public means any person except employees or contractors at the stationary source.
- Public receptor means offsite residences, institutions (e.g., schools, hospitals), industrial, commercial, and office buildings, parks, or recreational areas inhabited or occupied by the public at any time without restriction by the stationary source where members of the public could be exposed to toxic concentrations, radiant heat, or overpressure, as a result of an accidental release.
- Regulated substance means any substance listed in Section 68.130 (of Title 40 CFR Part 68) pursuant to Section 112(r)(3) of the CAA. This list is comprised of 77 toxic and 63 flammable substances capable of causing death or serious injury to human health and the environment if released. In developing this list, EPA considered the severity of any acute adverse health effects, the likelihood of an accidental release and the potential magnitude of human exposure.
- Stationary source means any buildings, structures, equipment, installations or substance-emitting stationary activities which belong to the same industrial group, which are located on one or more contiguous properties, which are under common control and from which an accidental release may occur. A stationary source may encompass one or more processes.
- Threshold quantity means the quantity specified for regulated substances pursuant to section 112(r)(5) of the CAA as amended, listed in Section 68.130, and determined to be present at a stationary source as specified in Section 68.115. These threshold quantities range from 500 to 20,000 pounds and are determined by the maximum amount of a stationary source in a process, not the maximum quantity at a facility or installation. Section 68.115 details exemptions that apply to certain regulated substances when present in a mixture. (NOTE: States can set minimum thresholds below those in Title 40 CFR Part 68.)
- Worst case release means the release of the largest quantity of a regulated substance from a vessel or process line failure that results in the greatest distance to an endpoint defined in Sec. 68.22(a).
Chemical Accident Prevention: A History
Public awareness of the environmental dangers from accidental releases of hazardous chemicals has increased, especially after the 1984 airborne release of methyl isocyanate from a pesticide plant in Bhopal, India, killing more than 2,000 people living near the facility. As an initial response to adequately prevent and plan for such incidents in the United States, Congress enacted the Emergency Planning and Community Right-to Know Act of 1986 (EPCRA), also known as Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA Title III). EPCRA was one of the first Federal regulations to address emergency response plans and community awareness of hazardous chemicals used and stored by stationary sources.
In 1992, the Occupational Safety and Health Administration (OSHA) developed a program focused on chemical accident prevention as required under Section 304 of the CAA Amendments of 1990. OSHA promulgated a final rule amending Title 29 CFR 1910.109 and adding Title 29 CFR 1910.119 (57 Federal Register [FR] 6356, 24 February 1992) that requires a chemical Process Safety Management (PSM) program for installations and facilities that produce, process, handle or store hazardous chemicals above specified threshold quantities.
Section 112(r) of the CAA, "Accidental Release Prevention," was signed into law on 15 November 1990 as part of the CAA Amendments of 1990. The Section mandated a new Federal focus on the prevention of serious chemical accidents that have the potential to affect public health and the environment. Under Section 112(r), owners and operators of stationary sources that produced, processed, handled or stored regulated substances or other extremely hazardous substances had a "general duty" to prevent and mitigate accidental releases, no matter what the quantity of regulated substance at the facility. Essential activities to be undertaken as necessary to satisfy the general duty requirements of the CAA included:
- Identifying hazards that may result from accidental releases using appropriate hazard assessment techniques;
- Designing, maintaining and operating a safe facility; and
- Minimizing the consequences of accidental releases, if they occur.
Section 112(r) further mandated that the EPA publish rules and guidance for chemical accident prevention, including the development of a Risk Management Program incorporating a Hazard Assessment, a Prevention Program and an Emergency Response Program. As mentioned earlier, the final regulations addressing Risk Management Programs were published by the EPA at 61 FR 31668 on 20 June 1996. This final rule amended Title 40 CFR Part 68, "Chemical Accident Prevention Provisions."
In addition to Risk Management Program rules and guidance, Section 112(r) of the CAA required that EPA promulgate a list of regulated substances and threshold quantities. This list was published on 31 January 1994. The list was amended on 6 January 1998 to delete the category of Division 1.1 explosives (as listed by the Department of Transportation). The list of regulated substances is found in Title 40 CFR Part 68.
Title 40 CFR Part 68 also has a significant public affairs aspect. Facilities with covered processes must identify (and submit to the EPA for publication) the geographic region that would be impacted by a serious release. Receptors that would be affected by the release, such as census populations and sensitive areas (e.g., schools, hospitals, residential areas, etc.) also must be identified. This information is to be made available to the public, in part via the Internet. This provision in the regulation is designed to ensure that the public is properly informed about chemical risks in their neighborhoods, thereby allowing communities to reduce any associated risks.
Program Levels and Eligibility Criteria
To address risks posed by potential releases of regulated substances from covered processes, owners and operators of stationary sources must undertake certain activities and meet certain requirements relative to the risk associated with each process. These requirements have been categorized under Title 40 CFR Part 68 into three "Program Levels." A stationary source could have covered processes in one or more of the three Programs Levels discussed below. The requirements of Title 40 CFR Part 68 will be met most effectively if a facility carefully evaluates all processes and hazardous substances, determines which processes would be covered, and categorizes them under the appropriate Program Level.
A covered process is eligible for Program Level 1 requirements if: 1) for five years prior to submission of the Risk Management Plan (RMP), there has not been an accidental release of a regulated substance involving the process which resulted in death, injury, or environmental corrective actions; 2) a worst-case release scenario analysis determines a release from the process would not affect any public receptor; and 3) emergency response procedures have been coordinated with local responders.
A covered process is eligible for Program Level 2 requirements if it does not meet the eligibility requirements of Program Level 1 or Program Level 3. Generally, Program Level 2 processes would include those at less complex operations that do not involve chemical processing, such as retailers, non-chemical manufacturers, and other processes not regulated under OSHA's PSM Standard, Title 29 CFR 1910.119.
(NOTE: Most Air Force installations will have covered processes under either Program Levels 1 or 2.)
A covered process is subject to Program Level 3 requirements if: 1) the process does not meet the eligibility requirements for Program Level 1; 2) the process is subject to the OSHA PSM Standard; or 3) the process is within certain Standard Industrial Classification (SIC) Codes as specified in Title 40 CFR Part 68 (Figure 1). Generally, Program Level 3 processes would be found at higher risk, more complex chemical processing operations. For Program Level 3, EPA has adopted OSHA's PSM requirements for the Prevention Program portion of the regulation.
| Program Level 3 SIC Codes |
| 2611 | Pulp Mills |
| 2812 | Alkalis & Chlorine Mfg. |
| 2819 | Industrial Inorganic Chemical Mfg. |
| 2821 | Plastics Material Synthetic Resin & Non-Vulcanizable Elastomer Mfg. |
| 2865 | Cyclic Organic Crudes & Intermediates & Organic Dyes & Pigment Mfg. |
| 2869 | Industrial Organic Chemical Mfg. |
| 2873 | Nitrogenous Fertilizer Mfg. |
| 2879 | Pesticides & Agricultural Chemical Mfg. |
| 2911 | Petroleum Refining |
In order to reduce unnecessary regulatory and reporting burdens to industry, EPA has attempted to coordinate Title 40 CFR Part 68 requirements with existing regulatory programs focused on chemical risk management. Integrated Contingency Plan Guidance is available from the EPA (http://www.epa.gov/swercepp/er-docs.htm) to assist facilities with the preparation of emergency response plans. Further, compliance with other Federal and State regulations, industry standards, and good engineering practices will enable a stationary source to meet many of the Risk Management Program requirements.
Major Elements of the Risk Management Program
Stationary sources with covered processes must address the major elements of the Risk Management Program depending on which of the three Program Levels apply. Table 1 presents the major elements of the Risk Management Program.
In general, the information compiled as a result of completing the first four major elements (i.e., Management System, Hazard Assessment, Prevention Program, and Emergency Response Program) is presented in the final major element, a Risk Management Plan (RMP). The RMP is then made available to the public. (There may be applicable requirements within each major element that are not discussed below. Title 40 CFR Part 68 should be consulted in detail for further guidance.)
The preamble text of 61 FR 31668, "Accidental Release Prevention Requirements: Risk Management Programs.; Final Rule," provides additional information and regulatory interpretation, as well as sources of additional guidance for stationary sources preparing RMPs. In addition, the EPA Chemical Emergency the Program Preparedness and Prevention Office (CEPPO) has made available at its World Wide Web site (http://www.epa.gov/swercepp/) information pertinent to complying with the requirements of Section 112(r) and Title 40 CFR Part 68.
The major elements of the Risk Management Program are discussed in more detail below:
Management System
The owner or operator of a stationary source with processes subject to Program Level 2 or Program Level 3 requirements must develop a Management System to oversee the implementation of the Risk Management Program elements. The Management System requirements are presented in Title 40 CFR Part 68.15.
Hazard Assessment
The Hazard Assessment requirements are found in Title 40 CFR Part 68, Subpart B, "Hazard Assessment." The major parts of a Hazard Assessment are: 1) a worst-case release scenario analysis (Section 68.25); 2) an alternative release scenario analysis (Section 68.28); 3) the definition of offsite population and environmental impacts (Sections 68.30 and 68.33); and 4) a 5-year accident history (Section 68.42).
Program Level 1 requires the analysis of one worst-case release scenario for each covered process and the completion of a 5-year accident history for the facility or installation. Program Levels 2 and 3 require the completion of each element of the Hazard Assessment requirements in Subpart B.
The worst-case release scenario analysis estimates the greatest distance in any direction that a release of a worst-case quantity may travel from the point of release until the regulated substance reaches a specified "endpoint." Examples of endpoints would be 0.0087 milligrams per liter (mg/L) for chlorine and the lower flammability limit for flammable substances. For propane storage tanks, the endpoint would be the distance required for the overpressure resulting from a release/explosion of the propane in the tank to drop to a level of one pound per square inch (psi). Endpoints are provided for flammable substances in Subpart B and for toxic substances in Appendix A of Title 40 CFR Part 68. Additional worst-case conditions to be considered in this type of analysis include wind speed, ambient air temperature, height above sea level of the release, topographic surface in the vicinity, density of the toxic gas/liquid at ambient temperature, and temperature of released substance. Parameters for evaluating worst-case scenarios and offsite consequences are found in Title 40 CFR Parts 68.22 and 68.25.
For processes covered under Programs Levels 2 and 3, at least one alternative release scenario must be identified and analyzed for each regulated toxic substance, and one scenario representing all regulated flammable substances. Examples and parameters to be used for alternative release scenarios are found in Title 40 CFR Part 68.28.
Under Sections 68.30 and 68.33, the owner or operator of a stationary source must estimate the population, as well as environmental receptors, within a circle with its center at the point of release and its radius equal to the distance to the endpoint determined from the release scenarios. The regulation endorses utilizing census values for estimating populations, however, these values may not be indicative of on-base residents and military installations are cautioned to verify values obtained.
The 5-year accident history should include information on all accidental releases from covered processes that resulted in on- or offsite death, significant injury, or environmental impact. The information required is detailed in Title 40 CFR Part 68.42.
Prevention Programs
A Prevention Program is required under Title 40 CFR Part 68 for Program Level 2 and 3 processes. The Prevention Programs for Program Levels 2 and 3 are different. The Prevention Program for a Program Level 2 process is less extensive than the one required for a Program Level 3 process. The Program Level 3 Prevention Program is essentially equivalent to the OSHA PSM Standard.
The Program Level 2 Prevention Program requirements are found in Subpart C of Title 40 CFR Part 68. The Program Level 2 Prevention Program consists of the compilation of safety information, completion of a hazard review, preparation of written operating procedures, appropriate employee training, implementation of maintenance procedures, performance of periodic compliance audits, and investigation of actual or threatened release incidents.
The Program Level 3 Prevention Program requirements are outlined in Subpart D of Title 40 CFR Part 68. (Though not required, stationary sources may voluntarily elect to implement a Program Level 3 Prevention Program for a Program Level 2 process.) Stationary sources should be aware of the OSHA PSM standard and its ties to Title 40 CFR Part 68. The OSHA PSM Standard is designed to protect workers from accidents involving hazardous chemicals. The EPA has stated that compliance with the requirements of the OSHA PSM Standard is equivalent to meeting the Program Level 3 Prevention Program requirements. However, just because a stationary source is subject to the OSHA PSM Standard, does not necessarily mean it will fall under the requirements of Title 40 CFR Part 68. The threshold quantities may be different.
The major elements of a Program Level 3 Prevention Program include:
- Compilation of process safety information pertaining to: 1) the hazards of regulated substances used/produced; 2) the technology of the process; and 3) the process equipment;
- Performance of a process hazard analysis to identify hazards, assess the likelihood of accidental releases and evaluate the consequences of such releases;
- Development of standard operating procedures and training of employees on procedures;
- Implementation of a preventive maintenance program designed to preserve mechanical integrity of equipment, pipes, vessels, etc;
- Management of changes in operations that may impact safety;
- Reviews before a process initial start-up and following a process modification;
- Periodic safety audits to ensure that procedures and practices are being followed;
- Investigation and documentation of accidents;
- Implementation of employee participation programs;
- Issuance of hot work permits near covered processes; and
- Evaluation of contractor information/performance.
Emergency Response Program
The Emergency Response Program is presented in Subpart E of Title 40 CFR Part 68 and is required for Program Level 2 and Program Level 3 processes. Owners and operators of stationary sources must develop an Emergency Response Program for the purpose of protecting public health and the environment. The Emergency Response Program requires stationary sources to prepare for possible catastrophic releases and thereby reduce risk to the public by having informed and prepared responders. The Emergency Response Program must include an emergency response plan, procedures for the use, inspection, and maintenance of emergency response equipment, training and procedures to review and update the emergency response plan. (NOTE: The Air Force Emergency Response Program is defined by AFI 32-4002, "Hazardous Material Emergency Planning and Response Compliance." The National Response Team has published guidance for integrated contingency plans in 61 FR 28641 plus correction pages at 61 FR 31103.)
Risk Management Plan (RMP)
The Risk Management Plan (RMP), a single document for all covered processes at a stationary source, must be submitted to the EPA and made available to the public, as well as state and local personnel. The RMP will be required to be submitted to the EPA, probably in electronic form. The EPA is currently establishing submission procedures. The information submitted will be made available to the public via the Internet in searchable and downloadable databases.
The information required for inclusion in the RMP is detailed in Subpart G of Title 40 CFR Part 68. The major components of the RMP are the Executive Summary, Registration of Processes/chemicals, Hazard Assessment, 5-year Accident History, Prevention Program, Emergency Response Program, and Certification. The RMP must be reviewed and updated by the stationary source at least once every five years, or when changes in regulated substances and processes occur, as outlined in Title 40 CFR Part 68.190, "Updates."
A point of concern about the public availability of RMPs has been the possibility that information about onsite hazardous chemicals and the potential catastrophic consequences at particular stationary sources could increase the threat of terrorism. Chemical industry organizations continue to express concern about the availability to the world of risk management information on the Internet. The EPA's Chemical Emergency Preparedness and Prevention Office will be considering such concerns and will make a final decision on the best method of disseminating RMPs to the public sometime in 1998. (NOTE: According to the previously mentioned January 1998 Air Force memorandum, "Clean Air Act (CAA) Section 112(r): Prevention of Accidental Releases," no part of Title 40 CFR Part 68 requires the disclosure of classified information.)
TABLE 1.
Risk Management Program Elements
| Program Level 1 | Program Level 2 | Program Level 3 |
| Management System |
| Develop management system | Develop management system |
| Hazard Assessment |
| Worst-case release scenario analysis | Worst-case release scenario analysis | Worst-case release scenario analysis |
| Alternative release scenario analysis | Alternative release scenario analysis |
| Definition of population/receptors | Definition of population/receptors |
| 5-year accident history | 5-year accident history | 5-year accident history |
| Prevention Programs |
| Certify no additional steps needed | Safety information | Process safety information |
| Hazard review | Process hazard analysis |
| Operating procedures | Operating procedures |
| Training | Training |
| Maintenance | Mechanical integrity |
| Compliance audits | Management of change |
| Incident investigation | Pre-startup review |
| | Compliance audit |
| | Incident investigation |
| | Employee participation |
| | Hot work permits |
| | Contractors |
| | (Program 3 Prevention Program elements conform to the OSHA PSM Standard) |
| Emergency Response Program |
| Coordinate with local responders | Develop emergency response plan | Develop emergency response plan |
| Risk Management Plan (RMP) |
| Executive summary | Executive summary | Executive summary |
| Registration of processes/chemicals | Registration of processes/chemicals | Registration of processes/chemicals |
| Hazard assessment data | Hazard assessment data | Hazard assessment data |
| 5-year accident history | 5-year accident history | 5-year accident history |
| Certification | Prevention program information | Prevention program information |
| Emergency response information | Emergency response information |
| Certification | Certification |
Points of Contact
- Captain Jeanette Howard, DSN 240-4991 or 240-3305
Air Force Institute of Environmental, Safety, & Occupational Health Risk Analysis (AFIERA) Jeanette.Howard@brooks.af.mil
The Bioenvironmental Engineering Division is responsible for providing Air Force units with consultation and assistance in addressing environmental impacts from past or present Air Force operations and for evaluating environmental factors which may be detrimental to the health of Air Force employees. Visit AFIERA at http://iera.satx.disa.mil/iera/index.html.
The Environmental Quality Directorate, Technical Support (EQT) and Program Assistance (EQP) Divisions, provides environmental technical professionals in assisting installation with pollution prevention and compliance efforts. Visit HQ AFCEE at http://www.afcee.brooks.af.mil.
The Environmental Conservation and Planning Directorate provides support for the Air Force Environmental Impact Analysis Process (EIAP) and the Air Force Natural and Cultural Resource Programs. Mr. Castaneda can support base personnel on air modeling issues regarding RMP analysis.
The mission of the Air Force Civil Engineer Support Agency is to provide the best tools, practices, and professional support to maximize Air Force Civil Engineer capabilities in base and contingency operations. Visit AFCESA at http://www.afcesa.af.mil.
Document References
- "Prevention of Accidental Releases," Section 112(r), the Clean Air Act, as amended in 1990.
- "Accidental Release Prevention Requirements: Risk Management Programs.; Final Rule," 61 FR 31668, EPA, 20 June 1996.
- "Chemical Accident Prevention Provisions," Title 40 CFR Part 68.
- "Clean Air Act (CAA) Section 112(r): Prevention of Accidental Releases," HQ USAF/ILEV Memorandum, 29 January 1998.
- "Strategy for Coordinated EPA/OSHA Implementation of the Chemical Accident Prevention Requirements of the CAA Amendments of 1990," OSHA, 8 August 1996.
- "Chemical Accident Prevention and Risk Management Planning (RMP)," USEPA, Chemical Emergency Preparedness and Prevention Office (CEPPO), http://www.epa.gov/swercepp/acc-pre.html. This site contains links to a variety of publications, fact sheets, forms, tools, etc. to aid in the preparation and submittal of risk management plans. There is also a sample RMP at http://www.epa.gov/swercepp/rules/sample.html.
- "Technical Compliance Guide for Clean Air Act Section 112(r) Risk Management Plan Program," US Army Environmental Center.
|
