§112(r) risk management program requirements?
EPA and OSHA have separate legal authority to regulate chemical process safety to prevent accidental releases. EPA has no statutory authority to exempt a source that has more than a threshold quantity of a regulated substance in a process from the requirements of the Risk Management Program rule (61 FR 31688; June 20, 1996). In addition, since OSHA’s focus is on accidents that affect the workplace, while EPA’s primary aim is to ensure that sources implement process safety management in a way that protects not only workers, but also offsite persons and environmental receptors, certain OSHA exemptions would simply not be appropriate for EPA’s purposes. For example, OSHA exempted “remote” processes at which no employees are present; however, EPA protects the public and environmental receptors which may be located near these processes.
Related Questions
- Do the risk management program regulations at 40 CFR Part 68 place additional requirements on stationary sources that are currently in compliance with all other provisions of the Clean Air Act (CAA)?
- §112(r). Will an Integrated Contingency Plan satisfy all of the risk management program requirements under 40 CFR Part 68?
- Does a chemical need to be in a process to be covered by the CAA §112(r) risk management program requirements?
