As part of the Clean Air Act Amendments
of 1990, the Congress directed the
EPA to develop a list of at
least 100 substances that, if released, could cause
catastrophic effects to the public. On June 20, 1996, the EPA
issued its final ruling as a part of 40 CFR, Part 68. The list
includes some 70 to 100 chemicals, plus substances that are
flammable in quantities of 10,000 pounds or more.
Section 112® of the CAA requires the
EPA to promulgate an initial list of at least 100 substances
("regulated substances") that are known to cause, or may be
reasonably anticipated to cause death, injury, or serious
adverse effects to human health or the environment if
accidentally released. The EPA is required to set threshold
quantities for each of the listed substances. The list and
threshold quantities promulgated in the federal register on
January 31, 1994 are, with the exception of methyl chloride,
equal to or higher than OSHA's list.
Program 1 requirements apply to processes for which a worst-case release, as evaluated in the hazard assessment, would not affect the public. These are sources or processes that have not had an accidental release that caused serious offsite consequences. Remotely located sources and processes using listed flammables are primarily those eligible for this program.
Program 2 requirements apply to less complex operations that do not involve chemical processing (e.g. retailers, propane users, non-chemical manufacturers and other processes not regulated under OSHA's PSM Standard.
Program 3 requirements apply to higher risk, complex chemical processing operations and to processes already subject to the OSHA PSM. According to the category in which a process is categorized, the owner/operator is required to develop an Executive Summary, conduct studies regarding Worst Case and Alternative Case Scenarios, Blast Wave or Radiant Heat Modeling Calculations, Human offsite consequence analysis, Environmental Receptor determinations and submission of a Risk Management Plan. Also, Emergency Response Plans must be developed.