I have had tons of questions and comments on last week’s article regarding EPA’s General Duty Clause as it relates to RMP Listed chemicals (e.g. Extremely Hazardous Substances) and the requirements for employers, EVEN if they were below the RMP Threshold. As EPA states in one of their Fact Sheets on the GDC…It is important to understand that the General Duty Clause is not a regulation and compliance cannot be checked against a regulation or submission of data. The General Duty Clause requires you to identify hazards your facility may present from accidental releases of hazardous substances, design and maintain a safe facility, and minimize the consequences of accidental releases which do occur. Generally, among other things, you should: (1) Adopt or follow any relevant industry codes, practices or consensus standards (for the process or facility as a whole as well as for particular chemicals or pieces of equipment), (2) Be aware of unique circumstances of your facility which may require a tailored accident prevention program, and (3) Be aware of accidents and other incidents in your industry that indicate potential hazards. Here is a Q&A session from EPA regarding their GDC.
Answers to Your Questions
Q. I don’t have to submit an RMP because I lowered my thresholds – and I believe that I lowered my risk. Am I still subject to the General Duty Clause?
A. Yes. If you use a regulated substance or any other extremely hazardous substance in any amount you are subject to the GDC.
Q. How can I find out what GDC inspectors are looking for at my facility?
A. Read the Guidance for Implementation of the General Duty Clause Clean Air Act Section 112(r)(1) at: http://www.epa.gov/oem/docs/chem/gdcregionalguidance.pdf.
Q. How can I find out about accidents and recognized hazards in my industry sector?
A. Your trade association is a good place to start. OSHA and the Chemical Safety & Hazard Investigation Board periodically issue hazard bulletins and accident investigation reports. EPA also issues Chemical Safety Alerts and Enforcement Alerts on recognized hazards. EPA’s Emergency Response Notification System (ERNS) is a useful first stop for tracking accidents.
NOTE: The SAFTENG Incident Alerts are also a great means to learn of incidents in your industry!!!
Q. How has OSHA’s GDC been applied?
A. Similar to the GDC of the Clean Air Act, OSHA’s GDC applies when: (a) an employer fails to render a workplace free of hazard; (b) the hazard is recognized either by the employer or generally within the employer’s industry; (c) the hazard causes or is likely to cause death or serious harm; and (d) there are feasible means by which the employer can eliminate or materially reduce the hazard.
Q. What are the penalties for non-compliance with the GDC?
A. The Clean Air Act Section 113(b) allows EPA to assess penalties of up to $37,500 per day for each violation.
Click Here (.pdf) for the EPA document.