Utilities Gear Up For Risk Management Program Rule

When Congress last amended the Clean Air Act in 1990, it attempted to respond to concerns about chemical-related accidents. A new section of the Act required the EPA to develop rules to prevent and mitigate accidental releases of regulated substances. The Risk Management Program Rule (RMPR), first proposed in 1993, was finalized in 1996. The compliance deadline is June 1999.

Approximately 66,000 businesses are covered by RMPR if they handle or store on site a specified amount of chemicals from a list of 77 toxic substances and 63 flammable substances. A wide range of industries must comply with RMPR: chemical and paper manufacturers, oil and gas refineries, public utilities, water and wastewater treatment plants, agriculture retailers and propane dealers. It also applies to some dry cleaners, grocery stores and even ice cream shops.

A facility must develop and submit to EPA a risk management plan if it uses and has on site more than the threshold quantity specified. For example, threshold levels for chemicals typically on hand at a water treatment plant are:

Chemical	Threshold Quantity
Chlorine	2,500 pounds
Chlorine dioxide	1,000 pounds
Anhydrous ammonia	10,000 pounds
Aqueous ammonia	20,000 pounds

In general, a water utility's risk management plan must contain certain basic elements that will identify hazards and help manage risks:

Many of the accidental release prevention requirements are similar to OSHA's process safety management program. However, not all water utilities were covered by this rule, in place since 1992.

When completed, each plan may be submitted electronically to EPA when it will likely be placed on the Internet for the public's information.

Aside from accident prevention, a key goal of the RMP is to inform the public about potential risks in their communities. Because the realization of a "worst-case scenario" is unlikely, many facilities will also be required to submit an "alternative scenario" plan. The process of developing RMPs encourages utilities or industrial facilities to increase preparedness by working more closely with emergency responders and other public safety groups. Therefore, it is vital that facilities covered by the rule be proactive in community outreach to educate and reassure their customers, neighbors and public officials about their plan's contents.

As EPA has stated: "The specific value of the RMP information is for the local community to understand its risk from chemical accidents and to help that community work with the chemical users to reduce such risks. The EPA recognizes that regulatory requirements by themselves will not guarantee safety. Instead, EPA believes that information about hazards in a community can and should lead public officials and the general public to work with industry to prevent accidents." A number of public and private organizations, including EPA, the Chlorine Institute and the American Water Works Association, are offering guidance and model documents to help water and wastewater utilities prepare their plans.