General Duty Clause Compliance
What is the General Duty Clause?
The General Duty Clause, contained in
Section 112(r) (1) of the Clean Air Act, states that:
"The owners and operators of stationary sources producing, processing,
handling or storing [a chemical in 40 CFR Part 68 or any other extremely
hazardous substance have a general duty in the same manner and to the same
extent as the general duty clause in the Occupational Safety and Health Act
(OSHA), to identify hazards which may result from releases using appropriate
hazard assessment techniques, to design and maintain a safe facility taking
such steps as are necessary to prevent releases, and to minimize the
consequences of accidental releases which do occur."
Does the General Duty Clause apply to my facility?
This requirement is applicable to all facilities that use listed substances
(i.e., chlorine, sulfur dioxide, anhydrous ammonia, chlorine dioxide, etc.)
even at quantities below the listed EPA or OSHA threshold.
Complying with the General Duty Clause
MHC believes the best way to comply with the General Duty Clause is to implement
the same programs and policies as required for meeting EPA Risk Management
Program standards. The only difference is that facilities and covered processes
do not require registration with EPA. In the event of an audit or investigation
resulting from a release incident, the facility could be cited under the
General Duty Clause if they have not implemented these measures. The Clean Air
Act section 113(b) allows EPA to assess penalties of up to $34,500 per day for
MHC offers a slightly modified, more economical version of our
Risk Management Program (RMP) Compliance Service for clients that need
to comply with the General Duty Clause.
Contact us for a free consultation or