Chemical Accident Prevention Program 112(r)

The Forsyth County Office of Environmental Assistance and Protection is the air quality control agency for Forsyth County and has been delegated authority to implement the Chemical Accident Prevention Program under Title 40 of the Code of Federal Regulations Part 68 (40 CFR Part 68).

The Department’s goal is to protect the public health and the environment, and assist local businesses in their compliance obligations. The Department supports EPA Region 4’s goal that all stationary sources regulated under the Risk Management Program (RMP) eliminate, by all reasonable means necessary, all off-site consequences associated with alternative (realistic) release scenarios. The Department encourages owners and operators to implement active mitigation measures and use realistic assumptions for all passive and active process safe guards in their respective alternative release scenarios. This goal is protective of human health and the environment, and consistent with responsible management practices.

The Chemical Accident Prevention rule was mandated by Congress in the Clean Air Act Amendments (CAAA) under Section 112(r) for the prevention of accidental chemical releases of hazardous substances. The purpose of the Chemical Accident Prevention rule, 112(r), is to ensure that facilities reduce the likelihood and severity of accidental chemical releases that could be harmful to the public and the environment. Facilities subject to the Chemical Accident Prevention rule must prevent, detect, and respond to chemical releases, to protect themselves, their staff, the public, and the environment.

In accordance with 40 CFR Part 68, if a facility has more than the threshold quantity (TQ) of a 112(r) listed "regulated substance" in a single process, it is required to develop and implement a risk management program. In terms of the regulation, "process" means manufacturing, storing, distributing, handling, or using a regulated substance in any way. The regulated substances are divided into two categories: Toxic Substances and Flammable Substances. [NOTE: Listed flammable substances are excluded from all provisions of the rule when the substance is used as a fuel or held for sale as a fuel at a retail facility. All other uses of listed flammable substances are covered by the rule.]

All facilities that use any of the listed chemicals or any other extremely hazardous chemicals, even amounts under the TQ, have a responsibility under the 112(r) General Duty clause in the Clean Air Act to identify possible hazards, to prevent releases, and to minimize the consequences of releases. For more information on "General Duty", you may download a fact sheet.

If you have any questions or need additional information please contact the 112(r) Coordinator by email or by telephone at (336) 703-2440.

For More Information:

  • Visit the EPA's Risk Management Plan web page.
  • Beginning in 2009, EPA will provide new software called RMP*eSubmit for facilities to use for RMP reporting. Information on this effort can be obtained at the link above.
  • Contact the EPA Emergency Planning and Community Right-to-Know Hotline at (800)424-9346 or (703)412-9810.