Regulated industry sectors should be aware of the potential for increased enforcement under the CAA proposal as well as possible liabilities associated with discretionary decisions made about the development of risk management plans. Increased public concern continues to exist regarding the potential dangers of accidental chemical releases. Progressing toward preventing chemical accidents is the goal of EPA's proposed rule concerning risk management plans. EPA's mandate in promulgating the rule is to protect public health and the environment with its focus on off-site consequences of chemical releases. On the other hand, OSHA's chemical process safety management standard is intended to protect workers from chemical accidents with its focus on workplace impacts of chemical releases.
Business faces several difficulties in attempting to evaluate compliance requirements.
EPA's proposed definition suggests a worst-case release is an instantaneous loss of all chemicals with complete failure of any mitigation systems. The protocol a business selects could have repercussions in the event of a serious chemical release if emergency response measures are inadequate. Predicting worst-case releases also may have a serious public relations impact. But the public perception that a facility is a hazard to the community may raise unnecessary alarm among citizens. EPA's proposal provides businesses with some compliance flexibility.