Florida’s emergency management officials are getting ready to take on new responsibilities for overseeing risk management planning for preventing accidental releases of hazardous air pollutants. About 2,180 Florida sites, including chemical plants and military bases, will file detailed risk management plans with the U.S. Environmental Protection Agency (EPA). This article provides a brief history of Florida’s risk management planning program and outlines federal requirements for risk management planning. In 1990, Congress amended the Clean Air Act to require the EPA to establish programs to prevent catastrophic chemical accidents. The EPA published its list of regulated substances in 1994 and set rules for risk management plans in 1996. In 1999, the EPA amended the rules, and in 1996, the State Hazardous Chemicals Emergency Response Commission (SERC) established a working group to study state implementation issues associated with the EPA’s risk management rules and to recommend whether Florida should seek program delegation from the EPA. The SERC endorsed proposed legislation for the Department of Community Affairs (DCA) to seek delegation. In 1998, the Florida Legislature made a law called the Florida Accidental Release Prevention and Risk Management Planning Act. This law allows the DCA to ask the EPA for permission to run a program to manage the risk of accidents at certain facilities. The law also says that the DCA can charge fees to pay for the program and sets up rules for how the program will work. In 1998, Florida asked the EPA for permission to run the program, and in October, the EPA said yes. The Florida RMP act is placed in F.S. Ch. 252, the emergency management chapter. The DCA has experience with a similar act and will work with the SERC to implement the act. They will also work with other state departments to coordinate workplace safety and environmental protection programs. The DCA will collect an annual fee based on the highest risk level at a facility. The EPA has three risk levels for processes: minimal risk, high risk, and default. If you have a big facility that handles certain hazardous chemicals, you have to follow EPA rules to make a plan for what to do in case of accidents. You might have to pay a fee, and the amount depends on how risky your processes are. The government can check if you’re following the rules and can even get a warrant to inspect your facility if you refuse. They also have to make a plan to check if your safety plan is working and have to tell you what changes you need to make. Program 1, 2, and 3 have different requirements for submitting a risk management plan (RMP) based on the level of risk at a facility. Program 1 has the least strict requirements and only needs to show that certain safety criteria have been met. Program 2 is the default level and has more detailed requirements, including having a management system and conducting a hazard assessment. Program 3 is for processes that don’t qualify for Program 1 and have even more detailed requirements, including developing written procedures and conducting compliance audits. All processes need to have an emergency response program. The owner or operator of a facility needs to submit a single RMP for all processes, and can do so either electronically or by mail. More information is available on the EPA website and the Florida Department of Environmental Protection website. Florida’s emergency management officials will soon receive a plan to manage the risks posed by hundreds of facilities using dangerous chemicals. This plan aims to improve safety and prevent accidents through discussions between citizens, workers, officials, emergency responders, and facility owners. The goal is to protect public health, the environment, and Florida’s economy. The Clean Air Act has a program to prevent accidents at facilities that use dangerous chemicals. The program requires companies to create a plan to prevent accidents and protect workers and the community. Companies have to work with local agencies and share information with the public. If they don’t follow the rules, they can get in trouble with the law.
Source: https://www.floridabar.org/the-florida-bar-journal/floridas-accidental-release-prevention-and-risk-management-planning-act/
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