EPA’s RMP Rule and the Broad Reach of the General Duty Clause (GDC)
Many facility personnel assessed the applicability of EPA’s Risk Management Plan (RMP) rule when the program took effect in the 1990’s. This assessment likely involved reviewing the 140 listed flammable and toxic substances and their associated thresholds established in the RMP regulations. This type of assessment is appropriate when determining the applicability of the RMP regulations to your operation. However, another often-overlooked section of the RMP rule could apply to many industrial facilities: the EPA General Duty Clause (GDC).
The GDC has a much broader reach than the RMP regulations, applying to facilities that have any quantity of RMP-regulated chemicals or any extremely hazardous substance (EHS) that may pose a risk if released. It is critical to note that EPA does NOT clearly provide a specific definition of EHS under the GDC. While many Environmental Professionals are familiar with defined EHS under other EPA programs such as CERCLA or EPCRA, the term EHS under the GDC is vague. This gives the EPA discretion to cite the GDC when a substance is released and may pose a risk. As such, the GDC could be interpreted to apply to many industrial facilities.
To further verify the GDC’s broad reach, numerous environmental releases (including one that occurred earlier in 2026) did not involve RMP-listed chemicals, EPA-defined EHS RMP-listed chemicals, or EPA-defined EHSs where the EPA cited the GDC. This has created a heightened awareness of EPA’s GDC.
How do you determine whether the GDC may apply to your operation and ensure that appropriate steps are being taken to comply with this unusual performance-based authority? NGE outlines considerations for GDC applicability and compliance.
GDC Applicability
Since applicability of the GDC is not straightforward, items to consider regarding applicability include:
- Review the RMP listed substances – if you have these substances in any quantity (even below RMP thresholds), the GDC applies to your operation.
- Review all other substances at your facility – if any substances may cause death, injury, or property damage when released due to toxicity, reactivity, flammability, volatility, or corrosivity, then GDC likely applies.
The quantity of substances at your facility should also be a consideration when completing this assessment. The GDC assessment should be documented, even if you believe it does not apply to your facility. If you determine GDC does apply, you should take action to address GDC obligations. Strategies to assist with GDC compliance are provided next.
GDC Compliance Strategies
Since the GDC is NOT a set of environmental regulations that clearly outline compliance obligations, how can you ensure your facility is taking the necessary steps to comply? USEPA notes that the GDC is a performance-based authority, recognizing that owners and operators have a general duty and responsibility to prevent and mitigate the consequences of chemical accidents.
USEPA has identified three primary obligations under the GDC:
- Identify hazards which may result from releases;
- Design and maintain a safe facility to prevent releases; and
- Minimize the consequences of accidental releases which do occur.
We have provided some recommendations for each of these identified primary GDC obligations below. It should be noted that these recommendations do not include all potential GDC obligations but are a good starting point on the path to compliance.
Identification of Hazards
Conduct and document an identification of hazards associated with both the facility processes and the chemicals used. Various methods can be used to complete a hazard assessment, such as Process Hazard Analysis (PHA), HAZOP, and What-If. The common goal is to identify potential hazards, their likelihood of occurrence, and potential severity.
Some other tips for hazard identification include:
- Select a methodology and document the assessment.
- Ensure a diverse team participates in the hazard assessment, such as process operators, maintenance staff, EHS personnel, and other relevant staff.
- Note the controls in place for identified hazards and identify where some type of control or enhanced controls can be established.
- Use modeling to determine the impact of potential release scenarios.
Design and Maintain a Safe Facility
Facility design and maintenance typically follow applicable design codes and recognized industry practices. While this may sound straightforward, some items to consider include:
- Document design codes and recognized industry practices applicable to your operation and proof of compliance.
- Ensure operating procedures are in place and include safe operating limits.
- Documented preventative maintenance programs for critical equipment should be in place and follow manufacturer’s specifications.
- A robust incident investigation program should be established.
Minimize Consequences of Accidental Releases
While the GDC focuses on preventing accidental releases, a primary obligation is to minimize consequences if a release occurs. Tips for addressing this GDC obligation include:
- Understand the impact area of identified release scenarios and sensitive receptors in that area (schools, nursing homes, medical facilities).
- Coordinate with local officials such as the LEPC, fire department, and hospitals for response efforts.
- Ensure appropriate resources, including onsite response equipment and contracted external responders, are in place for identified release scenarios.
- Conduct periodic exercises of identified release scenarios and include all stakeholders.
Conclusion
While EPA’s RMP regulations apply only to facilities that have RMP-listed substances over threshold quantities, the GDC included in the RMP rule has a much broader reach. Take steps today to determine if the GDC applies to your operation before an accidental release puts your facility in EPA’s spotlight.