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Florida STATE EMERGENCY RESPONSE COMMISSION for hazardous materials |
This fact sheet is designed to provide an overall look at the components of Florida=s Accidental Release Prevention and Risk Management Planning (ARP/RMP) Act. Included in this fact sheet are an overview of the legislation that is incorporated in ARP/RMP, who is covered, what the requirements are, and other general information.
NOTE: This fact sheet is to be used as an aid in understanding the Clean Air Act Amendments, Section 112(r) and the ARP/RMP. It is not rule or law. The final compliance responsibility rests with the owner or operator of a covered stationary source.
The Clean Air Act Amendments of 1990 (CAAA, Section 112(r))
Section 112(r) of the Clean Air Act Amendments of 1990 required the U.S. Environmental Protection Agency (EPA) to publish a list of at least 100 substances and their associated threshold quantities which will determine who must comply with a new Risk Management Program. EPA was also directed to develop regulations and guidance for response, prevention, and detection of accidental releases associated with the regulated substances. Section 112(r) additionally requires the regulated facilities to prepare a Risk Management Plan that includes a Hazard Assessment, Accidental Release Prevention Programs, and an Emergency Response Program. View the CAAA, Section 112(r) legislation here.
40 Code of Federal Regulations, Part 68 (40 CFR 68)
Chemical Accident Prevention Provision (CAPP)
The resulting regulations that EPA adopted in accordance with Section 112(r) are contained in the Chemical Accident Prevention Provision (CAPP). CAPP lists the regulated substances and their threshold quantities. For owners and operators of regulated substances the CAPP frames a three Program Level regulatory system. Qualifying for a particular Program Level is based on: the amount of previous and existing risk management practices in place, a stationary source's accidental release history, proximity to public receptors, and type(s) and amount(s) of regulated substance(s). To view 40 CFR 68 click here and insert 40 CFR 68 in query field.
Florida ARP/ RMP
Florida=s Accidental Release Prevention and Risk Management Planning (ARP/RMP) Act
The 1998 Florida Legislature enacted the Florida ARP/RMP Act, Chapter 252, Part IV, Florida Statues. This Act grants the Department of Community Affairs (DCA) the necessary authority and resources to seek delegation for CAAA, Section 112(r) implementation from EPA for specified sources. The Act also provides for funding, fees, enforcement authority and penalties, and authorizes DCA to conduct RMP inspections and audits. The Florida ARP/RMP mirrors the regulations finalized in 40 CFR Part 68.
Who is covered?
Owners or operators of a stationary source that have a chemical process in which the quantity of a regulated substance surpasses the threshold quantity stipulated under 40CFR68.
What types of facilities are covered?
There are 560 stationary sources in the State of Florida that are subject to CAAA Section 112(r). Examples of these facilities are: industrial organics/inorganics, petrochemical, fertilizers, pesticides, water/waste water treatment, food cold storage, military, and propane retailers*.
What about propane*?
Sources that contain more than one regulated process, including propane, are also subject to the Florida Accidental Release Prevention and Risk Management Planning (ARP/RMP) Act. Single-process sources which use, store, manufacture, or process only propane should contact Victor Weeks, at U. S. Environmental Protection Agency's (EPA) Region 4, (404) 562-9171 as the Florida Act does not address them. EPA, Region 4 will implement Risk Management Planning requirements for propane only sources. There are many stationary sources in Florida with threshold amounts of propane that will be covered under 40 Code of Federal Regulations 68. Sources with propane as the only covered chemical process are not covered under Florida ARP/RMP. If propane is one of the several covered chemical process then the source will be subject to Florida ARP/RMP.
Flammable hydrocarbons have been addressed by Public Law Number 106-40, the Chemical Safety Information, Site Security and Fuels Regulatory Relief Act, which applies to any listed flammable substance when it is used as a fuel or held for sale as a fuel at a retail facility. This law removes from coverage by the Risk Management Program any flammable fuel when used as or held for sale as fuel by a retail facility.What about Title V facilities - what do they have to do in order to meet the requirements of 40 CFR Part 68 (the EPA RMP Rule)?
Title V of the CAAA of 1990 requires facilities which have the potential to emit large amounts of criteria pollutants (carbon monoxide, nitrogen oxides, lead, sulfur dioxides, ozone, and particulates) and/or hazardous air pollutants (188 listed HAPs, such as perchloroethylene, hexavalent chromium, and ethylene oxide are found in Section 112(b)) to obtain one operation permit for the entire facilityBcalled the Title V air operation permit. Permit outline and content is detailed in 40 CFR Part 70.
Title V facilities which use, store, process, or manufacture any one of the 112(r) regulated substances above its threshold quantity at any one time, in any one process, must include 40 CFR Part 68 as an applicable requirement in their Title V permit. About 700 Title V facilities are located in Florida, but only 200 or so will be subject to Part 68 (owners were required to indicate this in their permit application). Their permits must contain the standardized RMP permit requirement language drafted by DEP=s Div. of Air Resource Management. For a copy of the permit language, contact Scott Sheplak at (850) 488-0114. They must also sign an annual compliance statement for all applicable requirements, including 112(r)Bif unable to initially meet the deadline for RMP submission, they can pursue the Title V Compliance Schedule option listed in 40 CFR Part 70. Information on the facility=s permit status is contained within DEP=s Air Resource Management System (ARMS) database. The Florida Title V permit requirements are detailed in Chapter 62-213, F.A.C. Changes to existing Title V permits to include the Part 68 requirements will be handled as an administration correction.
RMPs will NOT be required in a facility=s Title V permit application package. RMPs will not be Aapproved@ by either the Title V or RMP implementing agency.
How is the Risk Management Program set up?
EPA developed a program with three levels to address processes associated with varying levels of risk in the event of an accidental release. Program 1 was developed for processes which were either remote from the nearest public or environmental receptor or were associated with minimal impacts in the event of a release. Program 3 processes were those EPA identified by Standard Industrial Classification/NAICS codes associated with historically high accident rates or those complex processes currently subject to OSHA's Process Safety Management (PSM) prevention program. It requires expanded hazard assessment, prevention, and emergency response programs. Program 2 was the default level for processes not specifically assigned to Program 3 and ineligible for Program 1 based upon the distance criteria. Program 2 processes must meet more requirements than in Program 1, such as an expanded hazard assessment program and inclusion of some prevention program elements.
Use RMP.Level to determine the Program Level of a stationary source.
Required for Programs: |
Requirements of Florida=s Accidental Release Prevention and Risk Management Planning Act |
Hazard Assessments |
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1,2, and 3 |
Five-Year Accident History |
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The owner or operator shall include, in the Five-Year Accident History, a list of all accidental releases from covered processes that resulted in deaths, injuries, or significant property damage onsite, or known offsite deaths, injuries, evacuations, sheltering in place, property damage, or environmental damage in the five years previous to the submission of a Risk Management Plan. |
1,2, and 3 |
Worst-Case Release Scenario |
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This is an estimated calculation of the greatest distance, that an accidental release of a regulated substance, will affect public and environmental receptors under worst-case conditions. |
2 and 3 |
Alternative-Release Scenario |
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This is an estimated calculation of a distance, that an accidental release of a regulated substance, will affect public receptors under conditions that are more likely to occur. |
2 and 3 |
Management System |
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A stationary source must have a Management System in which a qualified person or position shall be assigned the overall responsibility for the development, implementation, and integration of a risk management program. |
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Prevention Programs |
2 |
Program 2 Prevention Program |
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For this Program the owner/operator must maintain safety information, hazard reviews, operating procedures, training, maintenance, compliance audits, and incident investigations for each covered process. |
3 |
Program 3 Prevention Program |
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In this Program, the owner/operator must complete Process Safety Information and then perform a Process Hazard Analysis. The owner/operator must also maintain operating procedures, training, mechanical integrity, management of change, pre-start up review, compliance audits, incidents investigation, employee participation, hot work permits, and keep contractors informed. |
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Emergency Management |
1 |
Certification of Compliance |
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The owner/operator must certify in your Risk Management Plan that : 1. Each process= Worst-case scenario does not encompass a public receptor 2. That the stationary source has not had an accidental release in the past five years. 3. Since the stationary source's worst-case scenario would not impact offsite areas, then emergency responders should not enter the site except when coordinated with the source's emergency contact. |
2 and 3 |
Emergency Response Program |
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The owner/operator must maintain an on site emergency response plan. This includes: 1. Procedures for informing the public and local emergency response agencies about accidental releases. 2. Documentation of proper first-aid and emergency medical treatment. 3. Procedures and measures for emergency response after an accidental release. The stationary source must have procedures for the use of emergency response equipment and for its testing, and maintenance. All employees must be trained in relevant procedures. The stationary source must have procedures to review and update emergency procedures. |
1,2, and 3 |
Submission of Risk Management Plan |
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For each regulated stationary source the owner or operator must submit a simple RMP Plan that includes each covered process. |
If I am already complying with the Occupational Safety and Health Administration=s Process Safety Management (OSHA PSM) do I have to submit a new Program 3 Prevention Program?
The requirements for the Program 3 Prevention Program are very similar to OSHA PSM. Even though the Risk Management Plan and OSHA PSM are closely aligned programs, they are NOT identical. The OSHA PSM program has different lists of affected substances and threshold quantities are much smaller (analyzing on-site, rather than off-site, impacts). If a source is in compliance with OSHA's PSM standard, the source will meet most if not all of the Risk Management Program requirements, but lists and requirements should always be checked.
Who do covered sources submit the Risk Management Plan to?
RMP Plans will be submitted directly to the U. S. Environmental Protection Agency's (EPA) Chemical Emergency Preparedness and Prevention Office (CEPPO) Record Center using a computer program called RMP*Submit. A facility should have submitted a single summary Risk Management Plan covering ALL affected processes on-site electronically (on diskette) to EPA's CEPPO Records Center by the date that a new covered process is present at a facility. If a facility has multiple affected processes, then the plan should reflect this. Sources need to have and maintain back-up documentation on-site. The Risk Management Plan is only a summary of the Risk Management Program. A Risk Management Plan is not the same as having a real working program on-site! Sources may use EPA's new database system, RMP*Submit, to provide this information to EPA or use other proprietary submittal systems as long as they are compatible with RMP*Submit. If sources cannot provide this information electronically, they may petition EPA for an electronic waiver to submit the required information on paper.
Note: There is no requirement to submit a separate version of the Risk Management Plan to state or local officials. Implementation agencies will have access to the national storage system and will be able to retrieve documents from the system.
When do covered sources have to comply?
Covered sources should have complied by the date in which a covered process is present at a facility. No extensions are available.
Why am I required to pay a fee?
The Federal Section 112(r) provisions contain no funding for state implementation agencies. The 1998 Florida Legislature determined that industry's emergency responders and the public would benefit from a state-based program which reflects Florida's risk and enforcement philosophy.
Fees received under the State act will be deposited in a separate trust fund account and will be used exclusively to support the Florida Accidental Release Prevention and Risk Management Planning (ARP/RMP) program activities. These activities include outreach and technical assistance to help facilities with compliance, assistance with data necessary to complete Risk Management Plans, and on-going updates of guidance, U. S. Environmental Protection Agency's program guidance and adjustments.
Prior to the 2000 Legislative Session, the Florida ARP/RMP was reviewed by the Florida Senate Committee on Comprehensive Planning, Local and Military Affairs to assess its efficiency and effectiveness; including the appropriateness of the fee system. The ARP/RMP program was recommended for renewal.
To whom do covered sources send their fees?
Sources covered under Florida Accidental Release Prevention and Risk Management Planning Act will send there fees made payable to Cashier, Department of Community Affairs, to the following address: State Emergency Response Commission, 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2149, using approved forms.
How much do I need to pay?*
The fees are different for each Program Levels:
Program Level |
Fee for one stationary source |
Fee for each additional location (must be same owner and same single chemical process). |
Fee Cap |
1 |
$ 100 |
$ 50 |
$ 1000 |
2 |
$ 200 |
$200 for first 3 source locations then $ 100 per each additional source locations |
$ 2000 |
2 and have SIC Group # of 01, 02, or 07 |
$ 100 |
$100 for first 3 source locations then $ 50 per each additional source locations |
$ 800 |
3 |
$ 1000 |
No Multiple Fee Reduction |
No Fee Cap |
* If there is more than one covered process at a stationary source then the owner/operator must pay for the highest Program Level that is present at an stationary source.
When are the annual fees due?
With the first Risk Management Plan submission (6/21/99 or when a covered chemical is first present) and April 1, thereafter.
Are there any penalties for late payment?
Yes, late fees will be assessed at 10% per month of the annual registration fee but shall not exceed 50% of the annual registration fee owed for any fee cycle.
Does the public have access to the information in the Risk Management Plan?
Yes, the public may review Risk Management Plan information using a national database containing all Risk Management Plans, this database is called RMP*Info. RMP*INFO is found in the Envirofacts Warehouse Website, which contains permitting information on water, waste, air, and other databases.
Is there any trade secret protection?
Yes, a owner/operator must prove to the Administrator of the U. S. Environmental Protection Agency that trade secret protection is necessary. Florida law extends federally approved protections to information housed with the state program.
Is there any free technical assistance?
Yes, the Florida Division of Emergency Management has a Community Outreach Program. There is a Web-Site and Fact Sheets are available. They will also answer any questions you might have. For more information please contact the Division of Emergency Management at (800) 635-7179 (Florida only), (850) 413-9921 or by sending an e-mail .
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