The document discusses regulatory requirements under the Clean Air Act for risk management plans and toxic release inventory reporting, including an overview of the Risk Management Plan rule requirements under the Clean Air Act, what facilities must submit risk management plans, and details on toxic release inventory reporting requirements including what chemicals must be reported and the annual July 1st deadline.

1. Clean Air Act Compliance, Risk
Management Plans, and Preparing for
the July 1st TRI Reporting Deadline
Mackenzie Schroeder, EHS Consultant
Triumvirate Environmental

2. Meet Your Moderator
2
Nita Vaidya

3. 3
During this Webinar
✓ All lines will be muted.
✓ Communicate via the questions tab in your webinar panel.
✓ Unanswered questions will be responded to personally after the
webinar.
✓ Webinar recording and slides will be emailed to you tomorrow.

4. Mackenzie Schroeder
EHS Consultant
Triumvirate Environmental
4
Meet Your Presenter

5. Agenda
5
Introduction
Risk Management Plan Under CAA
Toxics Release Inventory
Q&A
Clean Air Act

6. Introduction
• The Clean Air act was enacted to help reduce air emissions of
toxic chemicals and improve air quality
• RMP was implemented under the CAA to help improve
emergency response to releases of certain toxic and flammable
substances that may pose a risk to public receptors
• TRI requires certain subject facilities to report their releases,
including releases to air of listed TRI chemicals
• In the following slides we will discuss the importance of
planning for worst case release scenarios and reporting
releases to the environment, including air
6

7. Agenda
7
Introduction
Risk Management Plan Under CAA
Toxics Release Inventory
Q&A
Clean Air Act

8. Regulatory Overview
• The Clean Air Act is a United States federal law
designed to control air pollution on a national level. It
required the Environmental Protection Agency (EPA) to
develop and enforce regulations to protect the general
public from exposure to airborne contaminants that are
known to be hazardous to human health.
• The 1963 Act established a basic research program,
which was expanded in 1967. The major amendments to
the law, requiring regulatory controls for air pollution,
were enacted in 1970, 1977 and 1990.
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9. Clean Air Act
• The Clean Air Act is significant in
that it was the first major
environmental law in the United
States to include a provision for
citizen suits
• Numerous state and local
governments have enacted similar
legislation, either implementing
federal programs or filling in locally
important gaps in federal programs
9

10. Amendments of 1970
• EPA to establish National Ambient Air Quality
Standards (NAAQS) by April 1971
▪ States to meet NAAQS by 1975
▪ States develop State Implementation
Plans to be approved by EPA
▪ Established emissions standards for new
industries
• New Source Performance Standards (NSPS)
▪ 95% reduction in emissions from new cars
by 1975
▪ New program for hazardous air pollutants
(National Emissions Standard for
Hazardous Air Pollutants or NESHAPs)
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11. Amendments of 1977
• Established New Source Review (NSR) and
Prevention of Significant Deterioration (PSD)
▪ Established Class I areas for
protection/visibility program in National Parks
▪ Extended Deadlines for attaining NAAQS
▪ Clean Air Scientific Advisory Committee review
NAAQS analysis
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12. Amendments of 1990
• Created extensive Specific Controls for
nonattainment areas
• Extensive new requirements for vehicles
and fuels
• Established the Ozone Transport Region
and Commission
• New cap and trade Acid Rain Program
• Added the Risk Management Plan Rule
to the Clean Air Act Section 112(r)
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13. Title V Permits
• The 1990 amendments implemented a permitting program for
certain industrial and commercial sources which requires
business to measure their air quality and control their emissions
of volatile organic compounds (VOCs) to the air
• The limit is typically 100 tons/year unless the industry is in a
non-attainment area then the emissions standard may be lower
• Major source thresholds for HAPs
▪ 10 tons/year for a single HAP
▪ 25 tons/year for any combination of HAPs
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14. Examples That May Require a Title V
Permit
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Vapor degreasing tanks Paint booths
Companies with boilers of a certain size Use of an emergency generator

15. Agenda
15
Introduction
Risk Management Plan Under CAA
Toxics Release Inventory
Q&A
Clean Air Act

16. Poll Question
Do you know if your facility
is required to submit a risk
management plan?
16

17. Risk Management Plan Rule
• Section 112(r) of the Clean Air Act Amendments requires EPA to
publish regulations and guidance for chemical accident
prevention at facilities that use certain hazardous substances.
• These regulations were built upon existing emergency response
industry standards
• The RMP rule requires facilities that use extremely hazardous
substances to develop a Risk Management Plan which:
▪ Identifies the potential effects of a chemical accident,
▪ Identifies steps the facility is taking to prevent an accident, and
▪ Spells out emergency response procedures should an accident occur.
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18. Risk Management Plan
• The Risk Management Program is
about reducing chemical risk at the
local level
• The RMP information helps local
fire, police, and emergency
response personnel (who must
prepare for and respond to chemical
accidents), and is useful to citizens
in understanding the chemical
hazards in communities
18

19. Who Must Submit?
• Facilities holding more than a threshold
quantity of a regulated substance in a
process are required to submit a Risk
Management Plan to EPA via RMP
e*Submit
• RMPs must be resubmitted every 5
years unless changes have been made
to a facility’s processes, then they must
be updated and resubmitted within 6
months
19

20. What Chemicals Must Be Reported?
• In section 68.130 of the 40 CFR there are two lists of
chemicals, toxic substances and flammable substances
with listed Threshold Planning Quantities
• A Covered Process is any activity at a stationary source
(non-transportation) involving a regulated substance,
including any use, storage, manufacturing, handling, or on-
site movement of such substances, or combination of
these activities
• The threshold for flammable substances is 10,000 pounds
• The thresholds for toxic substances vary
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21. Program Levels
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Program I Program II Program III
Processes which would not
affect the public in the case
of a worst-case release (in
the language of Part 68,
processes “with no public
receptors within the distance
to an endpoint from a worst-
case release”) and with no
accidents with specific offsite
consequences within the
past five years
Processes not eligible for
Program 1 or subject to
Program 3
Processes not eligible for
Program 1 and either subject
to OSHA's PSM standard
under federal or state OSHA
programs or classified in one
of ten specified North
American Industrial
Classification System
(NAICS) codes

22. 22

23. What Needs to be Included
• Hazard assessment that details the potential effects
of an accidental release, an accident history of the
last five years, and an evaluation of worst-case and
alternative accidental releases;
• Prevention program that includes safety precautions
and maintenance, monitoring, and employee training
measures; and
• Emergency response program that spells out
emergency health care, employee training measures
and procedures for informing the public and
response agencies (e.g the fire department) should
an accident occur.
23

24. How to Report
• RMPs must be submitted online via
RMP e*Submit
• RMP e*Submit can be accessed
through EPA’s Central Data Exchange
(CDX) system
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25. Agenda
25
Introduction
Risk Management Plan Under CAA
Toxics Release Inventory
Q&A
Clean Air Act

26. Poll Question
How well do you understand
the requirements for your
TRI Report?
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27. History
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28. History
• This led to the passing of the Emergency Planning and
Community Right to Know Act (EPCRA)
• TRI was implemented under section 313 of EPCRA in 1986 in
an effort to make the public aware of facilities in the area that
may be manufacturing, processing, or otherwise using large
amounts of chemicals
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29. Applicability
The TRI applicability states that a
facility must:
1. Be in a listed NAICS code,
2. Have at least 10 full time
employees, and
3. Manufacture, process, or
otherwise use a TRI listed
chemical at or above the threshold
(also referred to as EPCRA section
313 chemicals)
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30. Definition: Manufacture
• Manufacture means to produce,
prepare, compound, or import an
EPCRA Section 313 chemical
• Import is defined as being imported into
the customs territory of the United
States from a foreign country
• The threshold for manufacturing is
25,000 pounds
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31. Definition: Process
• Process means the preparation of a TRI
listed chemical, after its manufacture, for
distribution in commerce
• Processing includes repackaging a TRI
listed chemical and is usually met by the
incorporation of a chemical into a product
• This can also apply to the processing of a
mixture or other trade name product that
contains a listed chemical
• The threshold for processing is 25,000
pounds
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32. Definition: Otherwise Use
• Otherwise use includes any use of the TRI listed
chemical that is not otherwise manufacturing,
processing, or storage
• This includes use disposal, stabilization, or
treatment for destruction if the chemical was
received from off-site for purposes of further waste
management or if the chemical that was disposed
of, stabilized, or treated for destruction was
manufactured as a result of waste management
activities on materials received from off-site
• The threshold for otherwise use is 10,000 pounds
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33. Persistent Bioaccumulative Toxic
(PBT) Chemicals
• PBT chemicals are listed TRI
chemicals that pose a unique
threat of bioaccumulating in
the environment
• They have much lower
thresholds (0.1 grams to 100
pounds) and are not allowed
any exemptions
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34. Exemptions
• There are several exemptions that exist for the TRI program
• If a facility is able to fall under one of these exemptions they will not
be subject to reporting either for a certain chemical or at all
• The exemptions are:
▪ Otherwise Use Exemption – for chemicals used in facility maintenance or by facility
employees
▪ Articles Exemption – for items already manufactured that will not be changed
▪ De Minimis Exemption – for concentrations below listed de minimis limits
▪ Laboratory Activities Exemption – for research labs using chemicals
▪ Coal Extraction Activities Exemption – for coal mining using TRI chemicals
▪ Metal Mining Overburden Exemption – for metal mining using TRI chemicals
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35. Releases
• If a facility meets the applicability
criteria, they must report all releases
from the facility
• Release means: any spilling, leaking,
pumping, pouring, emitting, emptying,
discharging, injecting, escaping,
leaching, dumping, or disposing into
the environment (including the
abandonment or discarding of
barrels, containers, and other closed
receptacles) of any toxic chemical
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36. Reporting
• Similarly to RMP, TRI uses a system that is
implemented by EPA and contained within the
EPA CDX system
• The TRI reporting software is called TRI-MEweb
• If you meet the applicability criteria you must
report ALL releases of TRI listed chemicals from
the facility
• EPA has published a document called the AP-
42, Compilation of Air Pollutant Emissions
Factors for certain industries
36

37. Summary of Who, What, When
• TRI reports must be submitted by facility owners and operators
that meet the applicability criteria
• All releases of TRI listed chemicals and PBT chemicals meeting
the thresholds must be reported via TRI-MEweb
• Reports for a facility’s prior year releases are due annually on
July 1st
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38. Agenda
38
Introduction
Risk Management Plan Under CAA
Toxics Release Inventory
Q&A
Clean Air Act

39. Questions?

40. THANK YOU!
Request a TRI Reporting
Consultation
https://www.triumvirate.com/webinar-offer-request-a-tri-reporting-consultation
Mackenzie Schroeder: mschroeder@triumvirate.com