Insurance/legal matters

Conference · Sun Dec 31 04:00:00 EST 1995

OSTI ID:148121

Cameron, N

The Federal Environmental Protection Agency (EPA) is in the process of finalizing a rule for the requirement of an organized and written Risk Management Program at facilities which may possibly release toxic materials into the air, as mandated in the Clean Air act Amendments (CAAA) of 1990, Section 112(r), No. 7. This Rule is anticipated to be final between November 1994 and June 1995. EPA has estimated that approximately 140,000 facilities nationwide will need to comply with this rule. This discussion includes a description of the required program, the areas of overlap and addition to the previously enacted Occupational Safety and Health Administration (OSHA) Process Safety Management Standard (PSM), and an overall view of the potential liabilities faced by companies complying with this rule. The CAAA has instituted a process of self-incrimination into the legislation through self-reporting and monitoring requirements. In addition, EPA`s current stance of providing strict and maximum enforcement of environmental laws contributes to the need for careful legal and potential liability review of actions taken in the course of complying with the Risk Management Program Rule. Since the topic for discussion should revolve around insurance issues, the author concludes with a discussion on various insurance products and how the new rule may enhance interest in the products and create potholes in the coverages.

• OSTI ID: 148121
• Report Number(s): CONF-950152--
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING, POLICY, AND ECONOMY
AIR POLLUTION CONTROL
CLEAN AIR ACTS
COMPLIANCE
LEGAL ASPECTS
RISK ASSESSMENT
TOXIC MATERIALS