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112(r) General Duty Clause and Risk Management Plans

CAA Topics

The CAA 112(r) program is both a statutory and regulatory program designed to prevent chemical accidents and releases through a program of preparedness, response and prevention.

The General Duty Clause [Section 112(r)(1)] requires that owners and operators of stationary sources producing, processing and storing extremely hazardous substances have a general duty to identify hazards associated with a an accidental release, design and maintain a safe facility, and minimize consequences of accidental releases that occur.

The Risk Management Plan (RMP) is required to be developed by subject facilities and includes an executive summary, registration information, off-site consequence analysis, five-year accident history, prevention program and emergency response program.

EPA conducts inspections and RMP audits of facilities subject to CAA 112(r) in order to determine compliance with the statute and regulations by reviewing documents and verifying the quality of the overall preparedness, prevention and response program. EPA inspectors observe and document violations by collecting physical evidence necessary to successfully prosecute violators.

Guidance for Conducting Risk Management PRogram Inspections under Clean Air Act Section 112(r) (PDF) (86 pp, 826.69K, About PDF)
A joint memorandum signed by Assistant Administrator Cynthia Giles and Assistant Administrator Mathy Stanislaus that establishes EPA policy on involvement of facility employees and employee representatives in EPA and delegated Agency on-site compliance evaluations conducted under Clean Air Act Section 112(r).

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Compliance Assistance | Compliance Monitoring | Compliance Incentives


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