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Emergency Response

A number of federal statutes and regulations require emergency response planning (e.g., risk management planning under the Clean Air Act Section 112(r), contingency planning under RCRA, and facility response planning under the Oil Pollution Act). On June 5, 1996, the National Response Team (NRT), published the Integrated Contingency Plan ("One Plan") Guidance (61 FR 28642), providing a mechanism by which a facility may consolidate multiple emergency response plans into one functional plan. Is a facility required to integrate its emergency response plans? Must a facility use the Integrated Contingency Plan (ICP) format specified in the guidance?
Are exercises required as a part of the emergency response program requirements under 40 CFR Part 68, Subpart E?
How do the Clean Air Act (CAA) risk management program requirements differ from the hazardous chemical reporting requirements under the Emergency Planning and Community Right-to-Know Act (EPCRA)?
If a stationary source includes processes that are subject to both the OSHA process safety management (PSM) standard and the Program 3 risk management program requirements, what must the owner or operator of the stationary source do to demonstrate compliance under 40 CFR Part 68?
In what ways may state and local rules be more stringent? Does this document provide guidance on state and local differences?
The Clean Air Act Amendments of 1990 (CAAA) mandated the Occupational Safety and Health Administration (OSHA) to develop a regulatory program to protect workers from the risk of accidents that involve hazardous chemicals. OSHA promulgated its Process Safety Management Standard (PSM) on February 24, 1992 (57 FR 6356), codified at 40 CFR Section 1910.119. The CAAA also mandated EPA to develop a regulatory program to reduce the risk of serious chemical accidents that could affect public health and the environment. In response, EPA promulgated its List Rule on January 31, 1994 (59 FR 4478), and its Risk Management Program Rule on June 20, 1996 (61 FR 31668), codified at 40 CFR Part 68. Would a stationary source that is in compliance with OSHA's PSM already be in compliance with EPA's Risk Management Program Rule?
What is the statutory authority and the regulatory source for the risk management program regulations that are codified in 40 CFR Part 68?
Which states have been granted delegation of EPA's authority to implement and enforce the risk management program rule?

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