Civil Enforcement

The diagram below represents the regulatory framework of the Clean Air Act's Chemical Accident Prevention or the General Duty Clause requirements as viewed from an enforcement perspective. EPA's RCRA Enforcement Division (RED) develops and directs the enforcement program whereas the Chemical Emergency Preparedness and Prevention Office (CEPPO) in the Office of Solid Waste and Emergency Response (OSWER) is responsible for the general regulatory program.

Brief descriptions of the more important parts of the Clean Air Act's General Duty Clause Chemical Accident Prevention requirements are as follows:

Part 68 - Chemical Accident Prevention Provisions

Subpart A - General Provisions: Specifies the requirement for a facility that handles hazardous materials and chemicals having a Risk Management Plan (RMP) and the information that the owners and operators must include for a Program 1 facility, Program 2 facility, and a Program 3 facility. The Program 1, Program 2, and Program 3 are based on the processes that are in use at the facilities.

Subpart B - Hazard Assessment: Provides the owner/operator responsibilities for Program 2 and Program 3 facilities for preparing a worst-case release scenario analysis with a five-year accident history for inclusion in the RMP

Subpart C - Program 2 Prevention Program: Provides Program 2 Prevention Program requirements related to the regulated substances, processes, and equipment at these facilities.

Subpart D - Program 3 Prevention Program: Specifies Program 3 Prevention Program requirements related to the regulated substances, processes, and equipment used at these facilities.

Subpart E - Emergency Response: Discusses the requirement that Program 2 and Program 3 stationary sources or facilities have emergency response programs including written emergency response plans and employee training.

Subpart F, Regulated Substances for Accidental Release Prevention: Identifies substances listed under the Clean Air Act, as amended, Chemical Accident Prevention requirements and their threshold quantities for regulation. An Addition and Deletion form for facility reporting is included. (Note: Ammonia used as an agricultural nutrient, when held by farmers, is exempt from all provisions of Part 68.

Subpart G - Risk Management Plan: Covers the submission requirements, dates, contents of executive summary, the registration form, and other required contents as discussed above.

Subpart H - Other Requirements: Recordkeeping, making information available to the public, permit content and air permitting authority or designated agency requirements, and audits are defined here.

For more complete and detailed additional information, see the Regulations Section in EPA's Chemical Emergency Preparedness and Prevention Office (CEPPO) web site or contact the Clean Air Act Section 112(r) Hotline at (800) 424-9346 or (703) 412-9810.

Top of page