Accidental Release Prevention Requirements: Risk Management Plans Under the Clean Air Act Section 112(R)(7)

William S. Jordan, University of Akron Law School

Abstract

The 1990 amendments to the Clean Air Act (CAA or “the Act”) created section 112(r) to address the prevention of accidental releases of airborne pollutants. Section 112(r)(7) directs the United States Environmental Protection Agency (EPA) to promulgate regulations to help prevent and detect accidental releases and to minimize the consequences of any such releases.

On June 20, 1996, EPA promulgated a final rule (“the Rule”) to aid in the prevention of, and to outline emergency responses to, accidental releases of airborne pollutants. The Rule sets forth the criteria that stationary sources are required to meet to comply with section 112(r). The Rule requires that the owner or operator of each source that has more than a threshold quantity of a regulated substance must submit a Risk Management Plan (RMP) to EPA. The RMP must include a hazard assessment, prevention programs and an emergency response program. The Rule, which is codified at 40 C.F.R. pt. 68, became effective August 19, 1996.

This Note will discuss the Rule and its impact on stationary sources. Part II looks at the history of the CAA regulatory scheme. Part III discusses the applicability of the Rule. Part IV examines the parameters of the Rule, including program criteria and the requirements of the Risk Management Plan. Finally, Part VI concludes the Note with a review of the benefits of submitting an RMP.