What is EPA's General Duty Clause? Where is It?
iSi can help determine which of these options apply to your facility, and help you make sure you're on the right track in getting the necessary document...
Did you know that EPA has a General Duty Clause too? The EPA General Duty Clause can be found in the Clean Air Act, Section 112(r)(1). It states companies that produce, process, handle or store hazardous substances have a primary duty to identify release hazards and prevent chemical accidents.
⚡ TL;DR — If you handle any hazardous substance but don’t meet RMP thresholds, the General Duty Clause applies to you. You must identify release scenarios, maintain safe facilities, and have emergency response plans. Vague but enforced.
General Duty Clause vs. RMP
If your company doesn’t fall under EPA’s Risk Management Plan (RMP) requirements, you will fall under EPA’s General Duty Clause. RMP is focused on 140 targeted toxic or flammable chemicals at certain threshold quantities.
⚠️ The Problem — “Reasonable precautions” is vague. Facilities misunderstand which chemicals trigger General Duty obligations. Without documented hazard assessments and emergency response procedures, you’re vulnerable to EPA enforcement. Enforcement is unpredictable until an incident occurs.
What is Required by EPA’s General Duty Clause?
Companies must address three topics:
- Identify hazards from potential accidental releases
- Design and maintain a safe facility
- Determine potential consequences of accidental releases and minimize them through emergency response planning
Most facilities skip the written documentation phase and assume “we know what we’re doing” is enough. It isn’t. EPA looks for documented hazard analysis, facility design justifications, and emergency response procedures. We help you build defensible documentation before an incident or inspection.
Frequently Asked Questions
Q: What is EPA’s General Duty Clause and where is it located?
EPA’s General Duty Clause is found in the Clean Air Act Section 112(r)(1) and requires companies that produce, process, handle, or store hazardous substances to prevent accidental chemical releases and protect human health and the environment. The clause applies to facilities not meeting EPA Risk Management Plan (RMP) chemical quantity thresholds.
Q: What is the difference between the General Duty Clause and Risk Management Plan (RMP) requirements?
RMP applies specifically to facilities storing chemicals on the EPA’s list of 140 targeted toxic or flammable chemicals above threshold quantities. The General Duty Clause is broader and applies to all other facilities that handle hazardous substances not covered by RMP. Both require hazard identification, safe facility design, and emergency response planning.
Q: What three main topics must facilities address under EPA’s General Duty Clause?
Facilities must: (1) identify hazards and potential release scenarios from accidental releases of stored hazardous substances, (2) design and maintain facilities with engineering controls and operational procedures to prevent releases, and (3) plan for potential consequences of accidental releases by developing emergency response and notification procedures.
Q: Who must comply with the General Duty Clause?
Any facility producing, processing, handling, or storing hazardous substances that doesn’t meet RMP thresholds must comply. This includes manufacturers, chemical distributors, water treatment facilities, hospitals, and others handling chemicals. iSi Environmental helps facilities in Kansas, Oklahoma, Missouri, Nebraska, and Texas assess their General Duty Clause obligations.
💰 Documentation cost: $3,000–$6,000 to conduct hazard analysis, document facility design rationale, and develop emergency response procedures. EPA settlements for General Duty violations typically exceed $100,000.
Need help documenting your General Duty Clause compliance? Contact iSi Environmental for a same-day quote, or explore our OSHA services to see how we can help your facility.
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