USEPA Chemical Accident Prevention Inspection and Enforcement Processes

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1 USEPA Chemical Accident Prevention Inspection and Enforcement Processes

2 EPA Risk Management Inspection Processes Summary of Region 9 Risk Management Program General Duty Clause EPA Region 9 Inspections Common Deficiencies Noted During Inspections Upcoming EPA National Enforcement Initiative Questions?

3 Emergency Prevention and Preparedness Key EPA Chemical Facility Safety Regs EPCRA - Emergency Planning and Community Right to Know Act (aka SARA Title III or EPCRA 304, 311 and 312) CERCLA Comprehensive Environmental Response Compensation and Liability Act Section 103 Clean Air Act CAA 112r Risk Management Program (RMP) and General Duty Clause (GDC)

4 Section 112(r)(7) of the Clean Air Act 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. Higher Program Levels = More Requirements

5 CAA 112r(7) Risk Management Program 5

6 CAA 112r(7) Risk Management Program 6

7 Region 9 RMP Facilities by State US EPA Region Hawaii 16 Guam 4

8 CA RMPs by CUPA Region

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14 Section 112(r)(1) of the Clean Air Act Owners and operators of facilities utilizing hazardous substances have a General Duty to: Identify hazards that may result from accidental releases using appropriate hazard assessment techniques, Design and maintain a safe facility taking any necessary steps to prevent releases, and Minimize the consequences of accidental releases that do occur. Note - Not limited to specific list of chemicals or threshold quantities

15 General Duty Clause Determination Facilities with any extremely hazardous substance must adhere to: Recognized and generally accepted good engineering practices (RAGAGEPs) and Applicable state & local regulations Note In CA the GDC would clearly apply to ammonia facilities with between 500 and 10,000 pound

16 USEPA Region 9 Inspections Typically annually >3% of 1071 Regional Total RMP (~33) Targeting Focus on High Risk facilities Approx. 150 in Region 9 > 35% of total inspections (~15) Releases and other RMP Reportable Accidents Inspect within 6 months CUPA, other referrals

17 USEPA Region 9 Inspections 1 day on-site for most (refineries longer) Notice typically given (~ 1 week) Team Approach CUPAs/PAs always invited

18 EPA Region 9 Inspection Process Facility identification CUPA / PA notification Tentative scheduling Facility notification (~ 1 week) Conduct Inspection 18

19 EPA Reg 9 On Site Inspection Entry with CUPA (preferrably) Opening meeting with facility Meet with employee representative(s) Facility Process Walk-thru Interview & Doc Review Close-out meeting January 31,

20 Commonly Observed RMP Deficiencies Failure to report accidents w/in 6 Months (especially those involving <RQ amounts) Failure to change ER POC w/in 6 Months Failure to resolve, document, and track PHA, Audit, and Accident Investigation Findings Failure to develop SOPs for all operations, especially temporary operations Failure to certify SOPs annually Failure to include operating limits and consequences of deviation in SOPs

21 Commonly Observed RMP Deficiencies Incomplete PSI information Failure to ensure everyone gets refresher training Failure to document each individuals training and how it was verified that employees understood the training Failure to develop and implement written maintenance procedures Failure to test/inspect at the frequency defined by industry standards/ mfg. instructions MOC not completed PRIOR to change PSI, SOPs not updated accordingly w/ MOC modifications

22 Common Observed Deficiencies Deficient Annual Inspections and/or 5-year MI audits MI deficiencies PRVs Corrosion Inadequate ventilation / relief system design basis Inadequate component labeling Deficient SOPs

23 USEPA Enforcement Options Notice of Inspection Findings Finding of Violation Administrative Order (Unilateral or on Consent) Administrative Penalties Civil Judicial Referral Criminal

24 USEPA Administrative Penalties Expedited Settlement Agreement CAA 112(r) only not applicable for release reporting violations $15,000 max Administrative Penalty Order Statutory Max = $37,500 per violations per day $320,000 max

25 EPA CAA 112(r) National Enforcement Initiative Coming in FY17 5 Sectors Goal Ammonia Refrigeration Fertilizer Distribution Refineries Chemical Manufacturing Gas Processing Improve corporate & sector-wide safety/compliance

26 EPA Proposed Modifications to RMP Rule Third party compliance audits Incident investigation/root cause analysis Safer Technology and Alternatives Analysis (STAA) Coordination with Local Responders Emergency Response Exercises Information Availability

27 Executive Order On August 1, 2013, the President signed an Executive Order to improve the safety and security of chemical facilities and reduce the risks of hazardous chemicals to workers and communities.

28 EO Five Thematic Areas Strengthening community planning and preparedness; Enhancing Federal operational coordination; Improving data management; Modernizing policies and regulations; and Incorporating stakeholder feedback and developing best practices

29 Region 9 EO Implementation Enhanced coordination and capacity building Website with specific Ammonia related resources Mailing to affected industry Partner with ASTI, IIAR, RETA, TRANSCAER & Other Associations EO Specific Ammonia Safety Days: HI, NV, AZ, California Other outreach and training at key conferences and meetings Technical Training for prevention, preparedness and response including Delivery of OSHA Training Institute PSM Series in California

30 Region 9 EO Implementation Enhanced coordination and capacity building EO13650 R9WG Webinars Engagement with SERCs & LEPCs Participation at meetings E-newsletter Western States SERC Meeting R9 Leading Workgroup of Regional EO13650 Coordinators Collaborative Webspace Cross-fertilization with the Oceania Regional Response Team

31 Ongoing Goals Foster increased knowledge of EPA regulatory structure (e.g., EPCRA, RMP, GDC) and how it dovetails with other Federal (e.g, OSHA PSM, DHS CFATS), State and Local tools Better access to resources and tools for inspectors, facilities, emergency planners and first responders Improved technical competencies for prevention, preparedness, response More comprehensive and reliable data in formats that are usable. Improved and widely distributed BMP and Recognized And Generally Accepted Good Engineering Practices

32 Agency Available Resources For Executive Order 13650: For EPA RMP and EPCRA information, please visit and RMP proposed rule webpage: For CFATS-related information, please visit For additional OSHA resources, please visit EPA EPCRA: Emergency Preparedness: Findings from CSB Accident Investigations:

33 Contact Information EPA Region 9 Kathryn Lawrence, Chief Emergency Prevention and Preparedness lawrence.kathryn@epa.gov