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Air Quality

Section 112(r) of the Clean Air Act
Accidental Release Prevention Program

At the South Carolina Department of Health and Environmental Control, the Bureau of Air Quality (BAQ) currently implements the 112(r) regulation for all affected sources. BAQ conducts site inspections and audits to determine compliance with the risk management program requirements. The risk management program is funded by air permit fees and Federal grants.

What is 112(r)?

On June 20, 1996, the U.S. Environmental Protection Agency (EPA) issued the Risk Management Program Rule under Section 112(r) of the Clean Air Act Amendment of 1990. This rule is aimed at preventing accidental releases and reducing the severity of those releases that do occur. This rule has been amended and updated on several occasions.

Is your facility subject to the Accidental Release Prevention Requirements [Section 112(r)] of the Clean Air Act?

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)

The fact sheet "Clean Air Act Section 112(r):  Accidental Release Prevention/Risk Management Plan Rule" provides additional information about the reporting deadlines and the recent changes to the RMP reporting requirements.

EPA's Frequent Questions for the Risk Management Program

EPA's Chemical Accident Prevention and Risk Management Planning (RMP) Page

General Duty Clause (EPA, 2009)

Who is covered under 112(r)?

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. Facilities subject to the rule must conduct a hazard assessment, compile a 5-year accident history, develop an accident prevention program, develop an emergency response program, and submit risk management information to U.S. Environmental Protection Agency (EPA) by June 21, 1999.

Over 200 sources in South Carolina submitted risk management information to EPA by the June 21, 1999 compliance deadline. Some of those sources include: water and wastewater treatment plants, chemical plants, pulp and paper mills, ammonia refrigeration facilities and warehouses, and agricultural retail facilities. Chlorine and ammonia were the two listed substances most facilities reported.

Threshold Determination Flowcharts - Flowcharts that will help you determine if your toxic or flammable substances are subject to 112(r).

List of Regulated Substances

List of Regulated Substances

The original 112(r) List of Regulated Substances was published by the EPA on January 31, 1994 and it has been revised several times. The list consists of 77 toxic and 63 flammable chemical substances that if accidentally released could cause death, injury, or severe adverse effects to human health and the environment. The threshold quantities range from 500 to 20,000 pounds for each process.

DHEC Accidental Release Prevention Contacts:

For more information please contact us at (803) 898-4123 or by email.