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