Clean Air Act Section 112(r): Accidental Release Prevention/Risk Management Plan Rule
Section 112 of the Clean Air Act Amendments of 1990, implemented by the U.S. Environmental Protection Agency (EPA), requires regulations and guidance for chemical accident prevention at facilities using substances that pose the greatest risk of harm from accidental releases. These regulations require companies of all sizes using certain listed regulated flammable and toxic substances to develop a Risk Management Program. The Risk Management Program includes a Hazard Assessment, Prevention Program and Emergency Response Program. The focus of the Risk Management Program is to reduce chemical risk at the local level and assist fire, law enforcement and emergency response personnel to prepare for and respond to chemical accidents. The program is also a resource for citizens in understanding the chemical hazards in their communities.
The Title V Operating Permit Program has specific requirements for each Title V facility to comply with Section 112 of the Clean Air Act. The requirements depend on whether the facility has quantities of these substances or may obtain them.
For facilities that are subject to Section 112(r) of the Clean Air Act:
The owner or operator shall submit an updated Risk Management Plan (RMP) to the Chemical Emergency Preparedness and Prevention Office RMP Reporting Center. (See item 5, below.)
The owner or operator shall report to the appropriate representative of the Florida Division of Emergency Management, as established by DEP rule, within one working day of discovery of an accidental release of a regulated substance from the stationary source, if the owner or operator is required to report the release to EPA under Section 112(r)(6) of the Clean Air Act.
The owner or operator shall submit the required annual registration fee to the Florida Division of Emergency Management on or before April 1 each year, in accordance with Part IV, Chapter 252, Florida Statutes, and Rule 27P-21, Florida Administrative Code. The required annual registration fee should be made payable to "Cashier" and submitted using the approved forms to: Cashier, Division of Emergency Management, State Emergency Response Commission, 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2149
Any required written reports, notifications, certifications or data required to be sent to the Florida Division of Emergency Management should be sent to: Division of Emergency Management, 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100, Telephone: 850-413-9970, Fax: 850-488-1739.
Any RMPs, original submittals, revisions or updates to submittals should be sent electronically through EPA’s Central Data Exchange system. Information on electronically submitting risk management plans can be found at the RMP Rule webpage. The RMP Reporting Center can be contacted at: RMP Reporting Center, Post Office Box 10162, Fairfax, VA 22038, Telephone: 703-227-7650.
Any reports required to be sent to the National Response Center should be sent to: U.S. Environmental Protection Agency, Office of Solid Waste and Emergency Response, 1200 Pennsylvania Avenue NW, Mail Code: US EPA (5101T), Washington, DC 20460, Telephone: 800-424-8802
For facilities that may become subject to Risk Management Plan requirements, the permittee shall:
Submit its RMP to the Chemical Emergency Preparedness and Prevention Office RMP Reporting Center. Any RMPs, original submittals, revisions or updates to submittals should be sent electronically through EPA’s Central Data Exchange system.
Information on electronically submitting RMPs can be found at the RMP Rule webpage. The RMP Reporting Center can be contacted at: RMP Reporting Center, Post Office Box 10162, Fairfax, VA 22038, Telephone: 703-227-7650.
Submit Title V certification forms or a compliance schedule to the permitting authority in accordance with Rule 62-213.440(2) Florida Administrative Code and 40 CFR 68.
Other Emissions Reporting
Florida air permits have reporting requirements for non-routine emissions that should be reported to the Compliance Authority identified in the permit.
Excess emissions during start-up or shut down are usually required to be reported on a quarterly basis unless the applicable timeframe identified in the permit is approaching. The permit identifies the procedures that must be taken in these events so as to remain in compliance.
Hazardous Weather Events
In the case of weather events such as hurricanes, EPA advises facilities to minimize their emissions. Unlike some natural disasters, the onset of a hurricane is predictable and allows for early preparations to lessen its effect on a facility. Before hurricane force winds and associated storm surge flooding damage industrial processes, EPA recommends that operators take preventive action by safely shutting down processes or otherwise operating safely under emergency procedures.
The Florida Department of Environmental Protection is the state’s lead agency for environmental management and stewardship – protecting our air, water and land. The vision of the Florida Department of Environmental Protection is to create strong community partnerships, safeguard Florida’s natural resources and enhance its ecosystems.