General Duty Clause under the Clean Air Act

Scope

The GDC applies to any stationary source producing, processing, handling, or storing regulated substances or other extremely hazardous substances. Facilities have been required to comply with GDC since November 1990. Federal EPA has jurisdiction to implement and enforce the GDC through Sections 113 and 114 of the Clean Air Act at any facility where extremely hazardous substances are present.

Regulatory citations

• 40 CFR 68.130 — List of substances
• 42 U.S.C. 7412(r)(1) — Prevention of accidental releases: Purpose and general duty

Key definitions

• Accidental release: An unanticipated emission of a regulated substance or other extremely hazardous substance into the ambient air from a stationary source.
• Have a general duty in the same manner and to the same extent as section 654, Title 29 of the United States Code: Owners and operators must comply with the GDC in the same manner and the same extent as employers must comply with the Occupational Safety Health Act administered by OSHA.
• Stationary source: Any buildings, structures, equipment, installations or substance emitting stationary activities (i) which belong to the same industrial group, (ii) which are located on one or more contiguous properties, (iii) which are under the control of the same person (or persons under common control), and (iv) from which an accidental release may occur.
• Other extremely hazardous substances: Any chemicals listed in 40 CFR 68, or any other chemicals, which may be considered extremely hazardous. There is no complete list of “other extremely hazardous substances” applicable to the GDC.
  • Editor’s note: Although there is no list for extremely hazardous substances, a Senate Report on the Clean Air Act provides criteria EPA may use to determine if a substance is extremely hazardous. The report expressed the intent that the term extremely hazardous substance would include any agent “which may or may not be listed or otherwise identified by any Government agency which may as the result of short-term exposures associated with releases to the air cause death, injury or property damage due to its toxicity, reactivity, flammability, volatility, or corrosivity.” As the Senate makes clear, “the release of any substance which causes death or serious injury because of its acute toxic effect or as a result of an explosion or fire or which causes substantial property damage by blast, fire, corrosion or other reaction would create a presumption that such substance is extremely hazardous.” Source: Senate Committee on Environment and Public Works, Clean Air Act Amendments of 1989, Senate Report No. 228, 101st Congress, 1st Session 211 (1989).
• Regulated substances means any chemicals listed in 40 CFR 68.130.
• Retail facility means a stationary source at which more than one-half of the income is obtained from direct sales to end users or at which more than one-half of the fuel sold, by volume, is sold through a cylinder exchange program.

Summary of requirements

The GDC imposes the following primary obligations on the owners and operators of stationary sources:

• Identify hazards which may result from accidental releases using appropriate hazard assessment techniques,
• Design and maintain a safe facility taking such steps as are necessary to prevent releases, and
• Minimize the consequences of accidental releases which do occur.

• Adopt or follow any relevant industry codes, practices, or consensus standards (for the process or facility as a whole, as well as for particular chemicals or pieces of equipment),
• Be aware of unique circumstances of the facility which may require a tailored accident prevention program, and
• Be aware of accidents and other incidents in the industry that indicate potential hazards.