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['CERCLA, SARA, EPCRA', 'Air Programs']
['Hazardous Air Pollutants', 'Toxic/Hazardous Substance Releases', 'Stationary Emission Sources', 'Air Quality']
10/30/2023
Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
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Public awareness of the potential danger from accidental releases of hazardous substances has increased over the years as serious chemical accidents have occurred around the world. These incidents also raised congressional awareness of the threat posed by chemical releases. As a result, Congress enacted legislation to help prevent accidents from occurring.
In the Clean Air Act Amendments of 1990, Congress enacted Section 112(r)(1), also known as the General Duty Clause (GDC), which makes the owners and operators of facilities that have regulated and other extremely hazardous substances responsible for ensuring that their chemicals are managed safely. Section 112(r)(1) was codified in the United States Code at 42 U.S.C. 7412(r)(1), which reads:
- “(r) Prevention of accidental releases (1) Purpose and general duty It shall be the objective of the regulations and programs authorized under this subsection to prevent the accidental release and to minimize the consequences of any such release of any substance listed pursuant to paragraph (3) or any other extremely hazardous substance. The owners and operators of stationary sources producing, processing, handling or storing such substances have a general duty in the same manner and to the same extent as section 654 of title 29 to identify hazards which may result from such releases using appropriate hazard assessment techniques, to design and maintain a safe facility taking such steps as are necessary to prevent releases, and to minimize the consequences of accidental releases which do occur. For purposes of this paragraph, the provisions of section 7604 of this title shall not be available to any person or otherwise be construed to be applicable to this paragraph. Nothing in this section shall be interpreted, construed, implied or applied to create any liability or basis for suit for compensation for bodily injury or any other injury or property damages to any person which may result from accidental releases of such substances.”
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.
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['CERCLA, SARA, EPCRA', 'Air Programs']
['Hazardous Air Pollutants', 'Toxic/Hazardous Substance Releases', 'Stationary Emission Sources', 'Air Quality']
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