EPA is back in Kentucky conducting Risk Management Program Inspections under Clean Air Act Section 112(r).  If you recall, Kentucky gave this program  back to EPA about 4 or 5 years ago.  I was notified by a client that EPA had contacted them and a facility inspection was conducted by the agency on Wednesday, March 20.  According to Kentucky DAQ, this is the first inspection in Kentucky they were aware of since they turned the program back to EPA.

When Congress passed the Clean Air Act Amendments of 1990, Section 112(r) required EPA to publish regulations and guidance for chemical accident prevention at facilities using substances that posed the greatest risk of harm from accidental releases. These regulations were built upon existing industry codes and standards and require companies of all sizes that use certain listed regulated flammable and toxic substances to develop a Risk Management Program, which includes a(n):

  • Hazard assessment that details the potential effects of an accidental release, an accident history of the last five years, and an evaluation of worst-case and alternative accidental releases scenarios;
  • Prevention program that includes safety precautions and maintenance, monitoring, and employee training measures; and
  • Emergency response program that spells out emergency health care, employee training measures and procedures for informing the public and response agencies (e.g., the fire department) should an accident occur.

Owners and operators of a facility (stationary source) that manufactures, uses, stores, or otherwise handles more than a threshold quantity of a listed regulated substance in a process, must implement a risk management program and submit a single Risk Management Plan (RMP) for all covered processes at the facility.

The facility that was inspected Wednesday was a meat processing facility.  The primary target of the inspection focused on ammonia used for refrigeration.  There are threshold quantities that trigger your inclusion into the program.  Right now is a good time to reassess your facility’s program or if you don’t have anything, start putting a program together.

For more information contact scottr.smith@smithmanage.com.