Emergency Management Cycle
PREVENTION FIRST – Clean Air Act 112 (r) Risk Management Program and General Duty Clause
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EPAs Risk Management Program◦ Why it is◦ What it is◦ How (where & when) we implement it
Risk Management and Ammonia◦ EPA Activities in related Sectors Why it is, what it is, where & when
New Risk Management Program Initiatives◦ EO 13650 Chemical Safety and Security◦ EPA Proposed RMP Regulations◦ National Enforcement Initiative
Bhopal, India in December 1984: A cloud of methyl isocyanate gas escaped from a Union Carbide chemical plant. More than 2,500 people died.
Institute, WV in August 1985: A chemical release occurred shortly after the Bhopal tragedy.
Bhopal (1984) and Institute W. VA (1985) incidents increased public concern
Worker protections
Worker and community “right-to-know” laws
Shift to planning/prevention instead of planning to respond
Chemical accident prevention laws
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Is Prevention First? Are there ways to enhance industry reporting and
facility emergency plans? Are the local plans connected to facility plans and
tested and/or exercised? Are there technologies to facilitate delivery of
information to states, local communities, and fire departments?
Is the public receiving the information they need about chemicals and chemical risks in their communities?
A Persistent Threat….
Millard refrigerated paid a $3 million penalty
for a 32,000 pound anhydrous ammonia
release in 2010 that sickened 152 people in
Theodore Alabama. EPA, 6/2/15
French Authorities Hold Suspect in
Beheading and Explosion at Chemical PlantNYTimes, 6/26/15
China rocked by second deadly
chemical plant blast in two weeksReuters,
4/23/13
Cape Cod cold storage and ice
manufacturing paid $225,000 to
settle anhydrous ammonia
violations EPA, 6/2/15
Authorities said one worker died
after an ammonia leak at the Stavis
Seafoods Warehouse Wednesday
night. Boston Globe,
3/24/16
Death due to an accidental
anhydrous ammonia release
onboard a tender boat docked in
Sitka, Alaska. Alaska DPH, 7/17/13
Death Toll in West, Texas,
Fertilizer Explosion Rises to 15NPR, April 23, 2013
Emergency Planning and Community Right-to-know (EPCRA) requirements Local emergency planning and preparedness, emergency release notification, community right-to-know: provision of hazardous chemical storage inventory and toxic chemical release inventory to the community and first responders
Risk Management Program
CAA Section 112(r)(1) general duty clause-Facility owner/operators have a general duty to prevent and minimize releases
Chemical Facility Anti-terrorism Standards (CFATS)-DHS
security requirements
ATF requirements for explosives
State/local requirements
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CAA 112(r)(1) established General Duty Clause
CAA 112(r)(7) required EPA to:
◦ List at least 100 regulated substances (140 now listed)
◦ Develop regulations and guidance to prevent, detect & respond to accidental releases
◦ Manage risk management plans (RMPs) submitted by facilities & to make plans available to government officials & public
Also required finalization of OSHA’s proposed Process Safety Management Standard
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The Risk Management Program (RMP) is designed to:
◦ Prevent accidental chemical releases to air
◦ Minimize the consequences of releases that do occur
◦ Provide information about chemical hazards to public & government officials
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77 toxic & 63 flammable substances
Toxic mixtures w/ >1% listed toxic substance and partial pressure > 10 mm Hg
Flammable mixtures w/ >1% listed flammable substance in mixture exceeding NFPA 4 flammability criteria
Substances with specified concentrations:
◦ Nitric Acid (≥80%)
◦ Hydrofluoric Acid (≥50%)
◦ Hydrochloric Acid (≥37%)
◦ Aqueous Ammonia (≥20%)
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Hazard assessment that details the potential effects of an accidental release, an accident history of the last five years, and an evaluation of worst-case and alternative accidental releases scenarios;
Prevention program that includes safety precautions and maintenance, monitoring, and employee training measures; and
Emergency response program that spells out emergency health care, employee training measures and procedures for informing the public and response agencies (e.g., the fire department) should an accident occur.
Higher Program Levels = More Requirements
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Toxic WCS distance to endpoint
A Street
1/2
Miles
0 1
Toxic ARS
Railroad
Flammable WCS
Facility Boundary
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Offsite consequence analysis
Five-year accident history
Accident prevention program (most facilities)
Emergency response program
Risk Management Plan (RMP)
• Pre-startup review
• Compliance audits
• Incident Investigations
• Employee participation
• Hot work permit
• Contractor management
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• Process safety information
• Process hazard analysis
• Operating procedures
• Training
• Mechanical integrity
• Management of change
US EPA Region 9
STATE #RMPs
AZ 109
CA 864
HI 17
NV 45
GUAM 4
Total RMPs Nationally 12426
Anhydrous Ammonia National RMP #’s
3rd largest by amount of chemical ◦ 9.97 billion pounds
Largest No. of Facilities◦ 7,111
Largest No. of Processes◦ 7,600
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PSM RMP CalARP GDC
Anhydrous 10,000 10,000 500 Any
Aqueous (>1%) - - 500 Any
Aqueous (>20%,<44%) - 20,000 500 Any
Aqueous (>44%) 15,000 20,000 500 Any
Chlorine 1,500 2,500 100 Any
Year US CA
2011 51 5
2012 47 5
2013 73 9
2014 249 23
2015 83 7
Total 503 49
Failure to report accidents w/in 6 Months
Failure to change ER POC w/in 6 Months
Failure to resolve, document, and track PHA, audit, and accident investigation findings
Failure to develop SOPs for all operations, especially temporary operations
Failure to certify SOPs annually
Failure to include operating limits and consequences of deviation in SOPs
Incomplete PSI information
Failure to ensure everyone gets refresher training
Failure to document each individuals training and how it was verified that employees understood the training
Failure to develop and implement written maintenance procedures
Failure to test/inspect at the frequency defined by industry standards/ mfg. instructions
MOC not completed PRIOR to change
PSI, SOPs not updated accordingly w/ MOC modifications
Deficient annual Inspections and/or 5-year MI audits
MI deficiencies
◦ PRVs
◦ Corrosion
Inadequate ventilation/relief system design basis
Inadequate component labeling
Deficient SOPs
Section 112(r)(1) of the Clean Air Act
Owners and operators of facilities utilizing hazardous substances have a General Duty to:
• Identify hazards that may result from accidental releases using appropriate hazard assessment techniques,
• Design and maintain a safe facility taking any necessary steps to prevent releases, and
• Minimize the consequences of accidental releases that do occur.
• Note - Not limited to specific list of chemicals or threshold quantities
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◦ EO 13650 Chemical Safety and Security◦ EPA Proposed RMP Regulations
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For more information, visit: www.epa.gov/emergencies