Cornerstone’s subject-matter experts in EPA air permitting and enforcement routinely monitor agency news releases to identify trends in inspections and enforcement actions. In recent reviews, our team has noticed an increase in the agency’s focus on violations related to the Clean Air Act’s Risk Management Plan (RMP) regulations. A January EPA press release detailed an RMP violation at a Midwest refrigeration company that resulted in a $65,000 civil penalty. Another New England company agreed to pay a $90,000 fine in December. Both companies were storing anhydrous ammonia in quantities above the threshold amount at which the law requires a risk management plan be in place. “We have seen several stories of EPA actions come through in the past few months,” said Kurt Gilliam, Director of Environmental Services.  “Grocery store warehouses, fertilizer plants, refrigeration companies, anywhere that anhydrous ammonia is stored, EPA seems to be focused on them right now.  Any time a regulatory concern of this nature comes up we confirm that our clients in these sectors are in full compliance.”

What is a RMP?

Section 112(r) of the Clean Air Act Amendments (CAA) requires EPA to publish regulations and guidance for chemical accident prevention at facilities using listed hazardous substances and requires facilities that use extremely hazardous substances to develop a Risk Management Plan. The RMP must:

• • • identify the potential effects of a chemical accident,
    • identify steps the facility is taking to prevent an accident, and
    • spell out emergency response procedures should an accident occur.

The rule includes a list of regulated substances and a threshold quantity that triggers the requirement.  The plans must be revised and resubmitted to EPA every five years. Moreover, each state may have additional requirements for the federally listed chemicals and additional listed chemicals.

Why is a RMP needed?

RMP plans provide valuable information to local fire, police, and emergency response personnel to prepare for and respond to chemical emergencies in their community.  Making RMPs available to the public also fosters communication and awareness to improve accident prevention and emergency response practices at the local level. According to the EPA website, the agency has found that many regulated facilities are not adequately managing the risks their chemicals pose or ensuring the safety of their facilities in a way that is sufficient to protect surrounding communities. Approximately 150 catastrophic accidents occur each year at regulated facilities and result in fatalities, injuries, significant property damage, evacuations, sheltering in place, or environmental damage.

What is anhydrous ammonia?

Anhydrous ammonia presents a significant health hazard because it is corrosive to the skin, eyes, and lungs.  Exposure may result in injury or death.  Anhydrous ammonia is also flammable and can explode if released in an enclosed space in which a source of ignition is present, or if a vessel containing anhydrous ammonia is exposed to fire.

Contact Cornerstone

Does your facility store or use a listed chemical?  Contact Kurt Gilliam for help determining if you are required to have a risk management plan in place.  He can be reached at kgilliam@corner-enviro or by calling (317) 733-2637.