EPA finalized regulations (Title 40, CFR Part 68) that took effect in June 1996, addressing the impact of chemical releases at operating facilities on workers and the surrounding population.  Under Section 112(r) of the Clean Air Act, a facility that stores or handles certain quantities of regulated acutely toxic and flammable substances must develop a risk management program comprising several interrelated elements, including a process hazards analysis, an off-site hazards assessment, an accidental release prevention program, and emergency response program. The regulations were developed from the authority of the Clean Air Act Amendments of 1990 and are the backbone of EPA’s Chemical Accident Prevention Provisions (CAPP).

The CAPP, commonly referred to as the Risk Management Plan rule, is EPA’s contribution to reducing the hazards of chemical releases emanating from industrial facilities, in conjunction with OSHA’s process safety management regulations.

The CAPP applies to facilities that:

• are considered a stationary source;
• have a regulated substances In excess of the threshold quantity; and
• use it in a covered process.

There are approximately 140 listed toxic and flammable substances regulated by the CAPP or RMP regulations.

McKinzie can model worst-case and alternate case accident scenarios, and identify the endpoint for toxicity or flammability.  We can identify receptors within the endpoint by accessing population statistics, and determine the offsite consequence resulting from a release, leading to an accurate identification of a facilities Program Level.

Every facility falls into one of three categories, which determine the degree of compliance with the CAPP.  The categories are referred to as Program Levels and are summarized as follows.

Program Level 1 means that a facility:

• meets the initial conditions of facility, process and regulated substance;
• would not impact a public receptor in the event of a worst-case release from the facility; and
• would not have had any accidents in the last five years that resulted in off-site consequences.

Program Level 2 means a facility:

• meets the initial conditions of facility, process and regulated substance;
• is not eligible for Program Level 1; and
• it does not qualify for Program Level 3.

Program Level 3 means a facility:

• meets the initial conditions of facility, process and regulated substance;
• could impact a public receptor during a worst-case release incident; or
• is subject to OSHA’s PSM regulation; or
• is classified as one of ten specific NAICS or SIC codes.

We can develop Risk Management Plans for program level 1, 2 or 3 facilities, depending on an operation's characteriistics. Program Level 1 consists primarily of conducting an off-site consequence analysis (OCA) and general RMP requirements, while Program Level 2 involves developing a prevention program along with the OCA, and Program Level 3 will incorporate a process safety management program with the OCA.

Our emergency response specialists can help your facility develop an effective emergency action plan or emergency response plan and assist with developing a response team. We presented numerous Hazardous Materials Responder - Technician Level training programs to fire departments and private industry personnel.

Email McKinzie for assistance with Risk Management Plans

Did you know that you must update this plan at least every five years and conduct periodic audits? New facilities must submit their plans before a regulated substance can be brought on-site.  Most facilities should have updated their RMPs by June 21, 2009.

RMPs must also be re-submitted within six months of reportable accidents involving a covered process and within one month of a change of the emergency contact information

Information Resources for Risk Management Plans:

EPA's Emergency Management RMP Web page.

RMP Guidance - General Facilities

Title III Consolidated List of Lists