• EPA's Chemical Accident Prevention and Risk Management Planning (RMP) Page
• General Duty Clause (EPA, 2009)
• EPA's Industry Guidance Website 
  • Operators of Water Treatment Systems

Facilities that have more than the threshold quantity (TQ) of a 112(r) listed "regulated substance" in a single process must develop and implement a risk management program, by June 21, 1999, as specified by the rule. In terms of the regulation, "process" means manufacturing, storing, distributing, handling, or using a regulated substance in any way.

In the hazard assessment section of the Risk Management Program, facilities must evaluate the possible consequences of an accidental release to nearby communities, schools, hospitals, recreational facilities, and other public and environmentally sensitive areas by predicting the "worst-case" and "alternative" (i.e., more likely) release scenarios. These scenarios can be demonstrated using computer-based models. Facilities must also document past accidents that have occurred at the facility for the last five years.

In 1996, the EPA issued a rule aimed at preventing accidental releases and reducing the severity of releases that do occur. The rule, Risk Management Program Rule under Section 112(r) of the Clean Air Act Amendment of 1990, has been amended and updated on several occasions.

Amendments to Rule

Accidental Release Prevention Requirements: Risk Management Program Requirements Under Clean Air Act Section 112(r)(7); Amendments to the Submission Schedule and Data Requirements; Final Rule. (69 FR 18819)

• Background Concentrations for Modeling Purposes (revised 3/6/2025)
• Digital Terrain Data: National Elevation Dataset (NED) for use with AERMOD
• Download AERMET Data Using Our Interactive Map
• Download Ozone Data for use in AERMOD Tier 3 NO2 modeling

• For worst case and alternative scenarios, the facility must have on site the description of the vessel/pipeline and substance selected as worst case, all assumptions and parameters used, and the rationale behind said assumptions. Documentation should include the anticipated effect the mitigation and controls have on the release rate.
• Document the release quantity, release rate, and duration.
• Methodology used to determine endpoints.
• Data used to estimate population and environmental receptors affected.

For each toxic substance, one alternative scenario must be submitted. For example, if a facility has 5 toxic substances, the Offsite Consequence Analysis must have one worst-case analysis and five alternative scenarios.

For each flammable substance, one alternative scenario must be submitted to represent all flammables. For example, if a facility has 6 flammable substances, the Offsite Consequence Analysis must have one worst-case analysis and one alternative scenario for the worst-case flammable substance.

An integrated prevention program must be developed that includes establishing standard operating and safety procedures, proper training for employees, preventive maintenance procedures, investigating and documenting accidents, and performing periodic safety audits at the facility.

Enforcement Process

• Overview of the Administrative Enforcement Process 

SCDES Monthly Enforcement Reports

The following list of Enforcement Reports are monthly summaries of the enforcement actions taken by SCDES through Administrative Orders or Consent Orders. Each monthly report includes the responsible party, the facility and/or company name, a summary of the violations, the corrective actions required, and any civil penalties assessed.

(View full text by visiting the following site: http://www.scstatehouse.gov/code/t48c057.php )

Purpose

The Legislative Purpose of this Act was to encourage the use of internal, voluntary self-audits to improve compliance and to provide limited protection from penalties for disclosure of environmental violations or audit findings.

Voluntary Disclosure Criteria

A disclosure would be considered voluntary if it meets the following criteria: