"With a pending EPA inspection occurring only days after we entered an agreement with MunicipalH2O, they were able to quickly help us organize our records and documents. They really simplified the RMP requirements and the inspection process."

Dane Rau
City of Brenham, TX

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 each violation.

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.