United States
Environmental Protection
Agency
Office of Solid Waste
and Emergency Response
(5104)
EPA 550-B-00-008
May 2000
www.epa.gov/ceppo/
SEPA
GENERAL GUIDANCE
FOR
RISK MANAGEMENT
PROGRAMS
(40 CFR PART 68)
Chemical Emergency Preparedness and Prevention Office
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THIS EDITION
This document is a revision of the July 1998 General Guidance for Risk Management Programs. The
revisions are needed to reflect several amendments to 40 CFR part 68 as well as to reflect the availability
of the software for submission of RMPs. The specific regulatory changes include the following:
+ The change from SIC codes to NAICS codes to define the industrial sectors subject to
Program 3; :
+ The adoption of rules for confidential business information;
+ Changes to the way in which flammable liquids and refrigerated flammable gases may be
modeled for the offsite consequence analysis; and
4- Changes to coverage for flammable fuels.
The revisions also update items, such as web page addresses, where needed. Pages that include
substantive revisions to the previous text are noted by a new date in the footer. Appendices C and D in
the July 1998 document, which provided EPA and OSHA contacts, have been eliminated; addresses for
websites that provide this information and are updated frequently are included in the Technical
Assistance appendix. Appendix B (Selected NAICS codes) has been updated to include NAICS codes
reported in RMPs.
FOR UPDATES
To keep up to date on changes to this document and to the risk management program rule, and to
find other information related to part 68 and accident prevention, visit EPA's Chemical Emergency
Preparedness and Prevention Office website at:
www.epa.gov/ceppo/
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•I
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TABLE OF CONTENTS
INTRODUCTION ; i
CHAPTER 1: GENERAL APPLICABILITY 1-1
1.1 INTRODUCTION 1-1
1.2 GENERAL PROVISIONS 1-3
1.3 REGULATED SUBSTANCES AND THRESHOLDS (§68.130) 1-5
1.4 WHAT IS A PROCESS '. 1-6
1.5 THRESHOLD QUANTITY IN A PROCESS : 1-9
1.6 STATIONARY SOURCE ; 1-16
1.7 WHEN YOU MUST COMPLY 1-17
CHAPTER 2: APPLICABILITY OF PROGRAM LEVELS 2-1
2.1 WHAT ARE PROGRAM LEVELS? '.'. 2-1
2.2 PROGRAM 1 2-3
2.3 QUICK RULES FOR DETERMINING PROGRAM 1 ELIGIBILITY 2-9
2.4 PROGRAM 3 2-12
2.5 PROGRAM 2 2-14
2.6 DEALING WITH PROGRAM LEVELS 2-15
2.7 SUMMARY OF PROGRAM REQUIREMENTS 2-18.
2.8 EXAMPLE SOURCES 2-21
CHAPTER 3: FIVE-YEAR ACCIDENT HISTORY 3-1
3.1 WHAT ACCIDENTS MUST BE REPORTED? 3-1
3.2 WHAT DATA MUST BE PROVIDED? 3-1
3.3 OTHER ACCIDENT REPORTING REQUIREMENTS 3-9
CHAPTER 4: OFFSITE CONSEQUENCE ANALYSIS 4-1
4.1 INTRODUCTION 4-1
4.2 WORST-CASE RELEASE SCENARIOS 4-4
4.3 ALTERNATIVE RELEASE SCENARIOS 4-12
4.4 ESTIMATING OFFSITE RECEPTORS 4-19
4.5 EXAMPLES OF WORST CASE 4-24
4.6 EXAMPLES OF ALTERNATIVE RELEASES 4-26
CHAPTER 5: MANAGEMENT SYSTEM 5-1
5.1 GENERAL INFORMATION 5-1
5.2 HOW TO MEET THE MANAGEMENT SYSTEM REQUIREMENTS 5-1
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TABLE OF CONTENTS
(Continued)
CHAPTER 6: PREVENTION PROGRAM (PROGRAM 2) 6-1
'' ,'!:' !
6.1 ABOUT THE PROGRAM 2 PREVENTION PROGRAM ....'.! 6-1
6.2 SAFETY INFORMATION (§ 68.48) '. '. - 6-1
6.3 HAZARD REVIEW (§ 68.50) ' 6-7
6.4 OPERATING PROCEDURES (§ 68.52) ....'..". 6-13
6.5 TRAINING (§ 68.54) I 6-17
6.6 MAINTENANCE (§ 68.56) '. 6-19
6.7 COMPLIANCE AUDITS (§68.58) '..'. 6-23
6.8 INCIDENT INVESTIGATION (§ 68.60) '. 6-25
6.9 CONCLUSION '. 6-28
'V | II ' ,.,"'; | , • '!
CHAPTER 7: PREVENTION PROGRAM (PROGRAM 3) 7-1'
'. ' " ! '!
7.1 PROGRAM 3 PREVENTION PROGRAM AND OSHAPSM.l 7-1
7.2 PROCESS SAFETY INFORMATION (§68.65) 1 7-3
7.3 PROCESS HAZARD ANALYSIS (§68.67) ..!.... 7-6
7.4 OPERATING PROCEDURES (§68.69) 1 7-9
7.5 TRAINING (§68.71) '. 7-10
7.6 MECHANICAL INTEGRITY (§68.73) 7-10
7.7 MANAGEMENT OF CHANGE (§68.75) '..'. . 7-11
7.8 f RE-STARTUP REVIEW (§68.77) '. I 7-12
7.9 COMPLIANCE AUDITS (§68.79) . '..'. 7-13
7.10 INCIDENT INVESTIGATION (§68.81) '. 7-13
7.11 EMPLOYEE PARTICIPATION (§68.83) 1 7-14
7.12 HOT WORK PERMITS (§68.85) '. 7-15
7.13 CONTRACTORS (§68.87) '. .' 7-15
APPENDIX 7A PHA TECHNIQUES '. 7-17
• • ' ' i • ' l
CHAPTER 8: EMERGENCY RESPONSE PROGRAM '. 8-1
8.1 NON-RESPONDING FACILITIES (§ 68.90(b)) . '."...'...' 8-1
8.2 ELEMENTS OF AN EMERGENCY RESPONSE PROGRAM (jj 68.95) 8-2
8.3 DEVELOPING AN EMERGENCY RESPONSE PROGRAM .'. 8-5
8.4 INTEGRATION OF EXISTING PROGRAMS 8-8
8.5 HAVE I MET PART 68 REQUIREMENTS? 8-10
8.6 COORDINATION WITH LOCAL EMERGENCY PLANNING ENTITIES
(§ 68.95(c)) ''. 8-15
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TABLE OF CONTENTS
(Continued)
CHAPTER 9: RISK MANAGEMENT PLAN 9-1
9.1 ELEMENTS OF THE RMP 9-1
9.2 RMP SUBMISSION 9-2
9.3 ISSUES PERTAINING TO SUBMISSIONS OF AND ACCESS TO CLASSIFIED,
CONFIDENTIAL BUSINESS INFORMATION (CBI), AND TRADE SECRETS ... 9-3
9.4 RESUBMISSION AND UPDATES (§ 68.190) 9-4
CHAPTER 10: IMPLEMENTATION 10-1
10.1 IMPLEMENTING AGENCY 10-1
10.2 REVIEWS/AUDITS/INSPECTIONS (§ 68.220) 10-2
10.3 RELATIONSHIP WITH TITLE V PERMIT PROGRAMS 10-4
10.4 PENALTIES FOR NON-COMPLIANCE 10-4
CHAPTER 11: COMMUNICATION WITH THE PUBLIC 11-1
11.1 BASICRULES OF RISK COMMUNICATION 11-1
11.2 SAMPLE QUESTIONS FOR COMMUNICATING WITH THE PUBLIC 11-4
11.3 COMMUNICATION ACTIVITIES AND TECHNIQUES 11-13
11.4 FOR MORE INFORMATION 11-19
APPENDICES
APPENDIX A 40 CFR PART 68 (1999 edition)
APPENDIX B SELECTED NAICS CODES
APPENDIX C TECHNICAL ASSISTANCE
APPENDKD OSHA PSM GUIDANCE
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,1 '.ill
LIST OF BOXES AND EXHIBITS
IN RMP GUIDANCE
LIST OF EXHIBITS
CHAPTER 1
EXHIBIT 1-1
EXHIBIT 1-2
EXHIBIT 1-3
CHAPTER 2
EXHIBIT 2-1
EXHIBIT 2-2
EXHIBIT 2-3
EXHIBIT 2-4
EVALUATE FACILITY TO IDENTIFY COVERED PROCESSES
PROCESS
STATIONARY SOURCE
EVALUATE PROGRAM LEVELS FOR COVERED PROCESSES
PROGRAM LEVEL CRITERIA
DEVELOP RISK MANAGEMENT PROGRAM AND RMP
COMPARISON OF PROGRAM REQUIREMENTS
CHAPTER3
EXHIBIT 3-1 ATMOSPHERIC STABILITY CLASSES
CHAPTER 4.
EXHIBIT 4-1
EXHIBIT 4-2
EXHIBIT 4-3
EXHIBIT 4-4
CHAPTER 5
EXHIBIT 5-1
CHAPTER 6
EXHIBIT 6-1
EXHIBIT 6-2
EXHIBIT 6-3
EXHIBIT 6-4
EXHIBIT 6-5
EXHIBIT 6-6
EXHIBIT 6-7
EXHIBIT 6-8
EXHIBIT 6-9
EXHIBIT 6-10
EXHIBIT 6-11
EXHIBIT 6-12
CHAPTER 7
EXHIBIT 7-1
EXHIBIT 7-2
EXHIBIT 7-3
EXHIBIT 7-4
EXHIBIT 7-5
EXHIBIT 7-6
EXHIBIT 7-7
EXHIBIT 7-8
EXHIBIT 7-9
CONSIDERATIONS FOR CHOOSING A MODELING METHOD
POSSIBLE SOURCES OF ASSISTANCE ON MODELINJ3
REQUIRED PARAMETERS FOR MODELING WORST-CASE SCENARIOS
REQUIRED PARAMETERS FOR MODELING ALTERNATIVE SCENARIOS
SAMPLE MANAGEMENT DOCUMENTATION
SUMMARY OF PROGRAM 2 PREVENTION PROGRAM
SAFETY INFORMATION REQUIREMENTS '
CODES AND STANDARDS
SAMPLE SAFETY INFORMATION SHEET "
HAZARD REVIEW REQUIREMENTS '
SAMPLE CHECKLIST (EXTRACT)
OPERATING PROCEDURES REQUIREMENTS
TRAINING CHART
MAINTENANCE GUIDELINES ''
SAMPLE AUDIT CHECKLIST FOR SAFETY INFORMATIO^f AND HAZARD
REVIEW
INCIDENT INVESTIGATION REQUIREMENTS
SAMPLE INCIDENT INVESTIGATION FORMAT
COMPARABLE EPA AND OSHA TERMS
SUMMARY OF PROGRAM 3 PREVENTION PROGRAM
PROCESS SAFETY INFORMATION REQUIREMENTS
PROCESS HAZARD ANALYSIS REQUIREMENTS
OPERATING PROCEDURES REQUIREMENTS
MECHANICAL INTEGRITY CHART
MANAGEMENT OF CHANGE REQUIREMENTS
PRE-STARTUP REVIEW REQUIREMENTS
INCIDENT INVESTIGATION REQUIREMENTS
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LIST OF BOXES AND EXHIBITS
IN RMP GUIDANCE
(Continued)
EXHIBIT 7-10 EMPLOYEE PARTICIPATION REQUIREMENTS
EXHIBIT 7-11 HOT WORK PERMITS REQUIREMENTS
EXHIBIT 7-12 CONTRACTORS CHART
EXHIBIT 7A-1 APPLICABILITY OF PHA TECHNIQUES
EXHIBIT 7A-2 TIME AND STAFFING FOR PHA TECHNIQUES
CHAPTER 8
EXHIBIT 8-1
EXHIBIT 8-2
EXHIBIT 8-3
EXHIBIT 8-4
CHAPTER 9
EXHIBIT 9-1
FEDERAL GUIDANCE ON EMERGENCY PLANNING AND RESPONSE
FEDERAL EMERGENCY PLANNING REGULATIONS
INTEGRATED CONTINGENCY PLAN OUTLINE
SAMPLE INTEGRATION EFFORT
RMP UPDATES
CHAPTER 11
EXHIBIT 11-1 SEVEN CARDINAL RULES OF RISK COMMUNICATION
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LIST OF BOXES AND EXHIBITS
IN RMP GUIDANCE
(Continued)
LIST OF BOXES
:. • ' : I
INTRODUCTION
GUIDANCE FOR INDUSTRY-SPECIFIC RISK MANAGEMENT PROGRAMS
STATE PROGRAMS
IF YOU ARE NEW TO REGULATIONS
WHAT is A LOCAL EMERGENCY PLANNING COMMITTEE?
i
!' !|
CHAPTER 1
STATE PROGRAMS
Qs AND As: STATIONARY SOURCE
AGGREGATION OF SUBSTANCES
Qs AND As: PROCESS
Qs AND As: STATIONARY SOURCE
QsANDAs: COMPLIANCE DATES
CHAPTER 2
Q AND A: PROCESS AND PROGRAM LEVEL
Qs AND As: PUBLIC RECEPTORS
Q and A: DETERMINING DISTANCES
Q AND A: ENVIRONMENTAL RECEPTORS
Qs AND As: ACCIDENT HISTORY
QsANDAs:OSHA
CHAPTERS
Q AND A: PROPERTY DAMAGE
Qs AND As: ACCIDENT HISTORY
: . i
CHAPTER 4
RMP OFFSITE CONSEQUENCE ANALYSIS GUIDANCE
Qs AND As: WORST-CASE AND MITIGATION
HOW TO OBTAIN CENSUS DATA AND LANDVffiW
HOW TO OBTAIN USGS MAPS
Qs AND As: OFFSITE CONSEQUENCE ANALYSIS
, • , j
CHAPTER 6
Q AND A: MAINTENANCE
Q AND A: AUDITS
CHAPTER?
Qs AND As: IMPLEMENTATION AND PROCESS
Qs AND As: PROCESS SAFETY INFORMATION
Qs AND As: OFFSITE CONSEQUENCES
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LIST OF BOXES AND EXHIBITS
IN RMP GUIDANCE
(Continued)
CHAPTER 8
WHAT IS A RESPONSE
WHAT IS A LOCAL EMERGENCY PLANNING COMMITTEE?
HOW DOES THE EMERGENCY RESPONSE PROGRAM APPLY?
PLANNING FOR FLAMMABLE SUBSTANCES
CHAPTER 9
Qs AND As: RMP UPDATES
QANDA: REVISING A PHA :
CHAPTER 10
Qs AND As: DELEGATION
Qs AND As: AUDITS
CHAPTER 11
WHAT DOES YOUR WORST-CASE DISTANCE MEAN?
WHAT DOES IT MEAN THAT WE COULD BE EXPOSED IF WE LIVE/WORK/SHOP/GO TO
SCHOOL X MILES AWAY?
IF THERE IS AN ACCIDENT, WELL EVERYONE WITHIN THAT DISTANCE BE HURT? WHAT
ABOUT PROPERTY DAMAGE?
HOW SURE ARE YOU OF YOUR DISTANCES?
WHY DO YOU NEED TO STORE SO MUCH ON SITE?
WHAT ARE YOU DOING TO PREVENT RELEASES?
WHAT ARE YOU DOING TO PREPARE FOR RELEASES?
DO YOU NEED TO USE THIS CHEMICAL?
WHY ARE YOUR DISTANCES DIFFERENT FROM THE DISTANCES IN THE EPA LOOKUP
TABLES?
HOW LIKELY ARE THE WORST-CASE AND ALTERNATIVE RELEASE SCENARIOS?
IS THE WORST-CASE RELEASE YOU REPORTED REALLY THE WORST ACCIDENT YOU CAN
HAVE?
WHAT ABOUT THE ACCIDENT AT THE [NAME OF SIMILAR FACILITY] THAT HAPPENED
LAST MONTH?
WHAT ACTIONS HAVE YOU TAKEN TO INVOLVE THE COMMUNITY IN YOUR ACCIDENT
PREVENTION AND EMERGENCY PLANNING EFFORTS?
CAN WE SEE THE DOCUMENTATION YOU KEEP ON SITE?
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TABLE OF POTENTIALLY REGULATED ENTITIES
This table is not intended to be exhaustive, but rather provides a guide for readers
regarding entities likely to be regulated under 40 CFRpart 68. This table lists
the types of entities that EPA is now aware could potentially be regulated by this
rule (see Appendix Bfor a more detailed list of potentially affected NAICS codes).
Other types of entities not listed in this table could also be affected. To determine
whether your facility is covered by the risk management program rules in part 68,
you should carefully examine the applicability criteria discussed in Chapter 1 of
this guidance and in 40 CFR 68.10, which is available in Appendix A of this
document. If you have questions regarding the applicability of this rule to a
particular entity, call the EPCRA/CAA Hotline at (800) 424-9346 (TDD: (800)
553-7672)(see Appendix C, Technical Assistance, for other sources of
information).
Category
Chemical
manufacturers
Petroleum refineries
Pulp and paper
Cold storage
facilities
Plastic and rubber
products
Non-metallic mineral
products
Metal products
NAICS
Codes
325
32411
322
11
311
4224
4228
4931
326
327
331
332
SIC
Codes
28
2911
26
01
20
514
518
411
30
32
33
34
Examples of Potentially Regulated
Entities
Petrochemicals
Industrial gas
Alkalies and chlorine
Industrial inorganics
Industrial organics
Plastics and resins
Agricultural chemicals
Soap, cleaning compounds
Explosives
Miscellaneous chemical manufacturing
Petroleum refineries
Paper mills
Pulp mills
Paper products
Agricultural operations
Food processors
Frozen and refrigerated foods
Beer and wines
Refrigerated warehouses
Plastic foam products
Glass and glass products
Other non-metallic mineral products
Primary metal manufacturing
Fabricated metal products
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Category
Machinery
manufacturing
Computer and
electronic equipment
Electric equipment
Transportation
equipment
Mining
Chemical distributors
Farm supplies
Propane bulk
terminals
Warehouses
Water treatment
Wastewater
treatment
F.icctric utilities
! ciiirral facilities
NAICS
Codes
333
334
335
336
21
42269
42291
454312
4931
22131
22132
56221
22111
SIC
Codes
35
36
36
37
13
10
5169
5191
5171
422
4941
4952
4933
4911
Examples of Potentially Regulated
Entities
Industrial machinery
Farm machinery
Other machinery
Electronic equipment
Semiconductors
Lighting
Appliance manufacturing
Battery manufacturing
Motor vehicles and parts
Aircraft
Oil and gas extraction
Other mining
Chemical wholesalers
Agricultural retailers and wholesalers
Propane wholesalers
Warehouse storing chemicals
Drinking water treatment systems
Sewerage systems
Wastewater treatment
Waste treatment
Electric power generation
Military installations
Department of Energy installations
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INTRODUCTION
WHY SHOULD I READ THIS GUIDANCE?
If you handle, manufacture, use, or store any of the toxic and flammable substances
listed in 40 CFR 68.130 (see Appendix A of this document) above the specified
threshold quantities in a process, you are required to develop and implement a risk
management program under a rule issued by the U.S. Environmental Protection
Agency (EPA). This rule, "Chemical Accident Prevention Provisions" (part 68 of
Title 40 of the Code of Federal Regulations (CFR)), applies to a wide variety of
facilities that handle, manufacture, store, or use toxic substances, including chlorine
and ammonia and highly flammable substances such as propane; flammable
substances used solely as fuel or sold by retailers are not covered. This document
provides guidance on how to determine if you are subject to part 68 and how to
comply with part 68. If you are subject to part 68, you must be in compliance no
later than June 21, 1999, or the date on which you first have more than a threshold
quantity of a regulated substance in a process, whichever is later.
The goal of part 68 — the risk management program — is to prevent accidental
releases of substances that can cause serious harm to the public and the environment
from short-term exposures and to mitigate the severity of releases that do occur. The
1990 Amendments to the Clean Air Act (CAA) require EPA to issue a rule
specifying the type of actions to be taken by facilities (referred to in the statute as
stationary sources) to prevent accidental releases of such hazardous chemicals into
the atmosphere and reduce their potential impact on the public and the environment.
Part 68 is that rule.
hi general, part 68 requires that:
+ Covered facilities must develop and implement a risk management program
and maintain documentation of the program at the site. The risk
management program will include an analysis of the potential offsite
consequences of an accidental release, a five-year accident history, a release
prevention program, and an emergency response program.
4- Covered facilities also must develop and submit a risk management plan
(RMP), which includes registration information, to EPA no later than June
21,1999, or the date on which the facility first has more than a threshold
quantity in a process, whichever is later. The RMP provides a summary of
the risk management program. The RMP will be available to federal, state,
and local government agencies and the public.
4- Covered facilities also must continue to implement the risk management
program and update their RMPs periodically or when processes change, as
required by the rule.
The phrase "risk management program" refers to all of the requirements of part 68,
which must be implemented on an on-going basis. The phrase "risk management
April 17,2000
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Introduction
-11-
plan (RMP)" refers to the document summarizing the risk management program that
you must submit to EPA.
GUIDANCE FOR INDUSTRY-SPECIFIC RISK MANAGEMENT PROGRAMS
EPA worked with industry to develop guidance for industry-specific risk management programs for
the following industries:
4- Propane storage facilities 4
4- Chemical distributors 4
Warehouses
Ammonia refrigeration
Wastewater
Treatment Plants
See Appendix C for information on obtaining part 68 documents from EPA.
Industry-specific guidances developed by EPA will take the place of this guidance document and the
Risk Management Program Offsite Consequence Analysis Guidance for the industries addressed. If
an industry-specific program exists for your process(es), you should use it as your basic guidance
because it will provide more information that is specific to your process, including dispersion
modeling and prevention program elements.
HOW DO I USE THIS DOCUMENT?
This is a technical guidance document designed for owners and operators of sources
covered by part 68. It will help you to:
4
4
Determine if you are covered by the rule;
! .!
Determine what level of requirements is applicable to your covered
process(es);
4 Understand which specific risk management program activities must be
conducted;
• „ , j ... .i
4 Select a strategy for implementing a risk management program, based on
your current state of compliance with other government rules and industry
standards and the potential offsite impact of releases from your process(es);
and
,h ' , , !| .
4 Understand the reporting, documentation, and risk communication
components of the rule.
This document provides guidance and reference materials to help you comply with
EPA's risk management program regulations. You should view and retain this
guidance as a reference document for use when you are unsure about what a
requirement means. This document does not provide guidance on any other rule or
part of the CAA.
Ajiyii! 5932000
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-ui-
Introduction
STATE PROGRAMS
This guidance applies to 40 CFR part 68. You should check with your state government to determine
if the state has its own accidental release prevention rules or has obtained delegation from EPA to
implement and enforce part 68 in your state. State rules may be more stringent than EPA's rules.
They may cover more substances or cover the same substances at lower thresholds. They may also
impose additional requirements. For example, California's state program requires a seismic study.
See Chapter 10 for information on state implementation of part 68. Unless your state has been
granted delegation, you must comply with part 68 as described in this document even if your state has
different rules under state law.
WHAT DO I DO FIRST?
Before developing a risk management program, you should do five things:
(1) Determine which, if any, of your processes are covered by this program
Only sources with a threshold quantity of a regulated substance (see 40 CFR
68.130 in Appendix A) in a "process" need to comply with part 68.
"Process" is defined by the rule in § 68.3 and does not necessarily
correspond with an engineering concept of process. The requirements apply
only to covered processes. See Chapter 1 for more information on how to
define your processes and determine if they are subject to the rule.
(2) Determine the appropriate program level for each covered process
Depending on the specific characteristics of a covered process and the
results of the offsite consequence analysis for that process, it may be subject
to one of three different sets of requirements (called program levels). See
Chapter 2 for more information.
(3) Determine EPA's requirements for the facility and each covered process
Certain requirements apply to the facility as a whole, while others are
process-specific. See Chapter 2 for more information.
(4) Assess your operations to identify current risk management activities
Because you probably conduct some risk management activities already
(e.g., employee training, equipment maintenance, and emergency planning),
you should review your current operations to determine the extent to which
they meet the provisions of this rule. EPA does not expect you to redo these
activities if they already meet the rule's requirements. See Chapters 5 to 8
individually for guidance on how to tell if your existing practices can meet
those required by EPA.
July 1998
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Introduction
-IV-
(5) Review the regulations and this guidance to develop a strategy for
conducting the additional actions you need to take for each covered
process. Discuss the requirements with management and staff.
!'|",' . I •
The risk management program takes an integrated approach to assessing and
managing risks and will involve most of the operations of covered processes.
Early involvement of both management and staff will help develop an
effective program.
* ; 1 " "
i' il , ,i
REQUIREMENTS ARE PERFORMANCE BASED
J ' '" ! ""
i
Finally, keep in mind that many of these requirements are performance-based; that is,
EPA is not specifying how often you must inspect storage tanks, only that you do so
in a manner that minimizes the risk of a release. This allows you to tailor your
program to fit the particular conditions at your facility. The degree of complexity
required in a risk management program will depend on the complexity of the facility.
For example, the operating procedures for a chemical distributor are likely to be
relatively brief, while those for a chemical manufacturer will be extensive.
Similarly, the length of training necessary to educate employees on such procedures
would be proportional to the complexity of your operating procedures. And while a
facility with complex processes may benefit from a computerized maintenance
; tracking system, a small facility with a simpler process may be able to track
maintenance activities using a logbook.
; : - • i;-. • •! I . ' ' '
There is no one "right" way to develop and implement a risk management program.
Even for the same rule elements, your program will be different from everyone else's
program (even those in the same industry) because it will be designed for your
specific situation and hazards — it will reflect whether your facility is near the
;" public and sensitive environmental areas, the specific equipment you have installed,
the managerial decisions that you have made previously, and other relevant factors.
i '
WHERE qp I GO FOR MORE INFORMATION?
!, ! ' • ' • , I
EPA's risk management program requirements may be found in Part 68 of Volume
40 of the Code of Federal Regulations. The relevant sections were published in the
Federal Register on January 31, 1994 (59 FR 4478) and June 20, 1996 (61 FR
31667). EPA has amended the rules several times. A consolidated copy of these
regulations, including amendments through June 30, 1999, is available in Appendix
A. On March 13, 2000, EPA finalized regulations to implement new rules excluding
flammable substances when used as fuels or held for sale as fuel by retailers (65 FR
13,243); a copy of this final rule is also available in Appendix A.
EPA is working with industry and local, state, and federal government agencies to
assist sources in complying with these requirements. For more information, refer to
Appendix C (Technical Assistance). Your local emergency planning committee
(LEPC) also can be a valuable resource and can help you discuss issues with the
public.
Finally, if you have access to the Internet, EPA has made copies of the rules, fact
sheets, and other related materials available at the home page of EPA's Chemical
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Introduction
Emergency Preparedness and Prevention Office (http://www.epa.gov/ceppo/).
Please check the site regularly as additional materials are posted.
IF YOU ARE NEW TO REGULATIONS
We have tried to make this document as clear and readable as possible, but if you have rarely dealt
with regulations before, some of the language may seem initially odd and confusing. All regulations
have their own vocabulary. A few words and phrases have very specific meanings within the
regulation. Some of these are unusual, which is to say they are not used in everyday language.
Others are defined by the rule in ways that vary to some degree from their everyday meaning. The
following are the major regulatory terms used in this document and a brief introduction to their
meaning within the context of part 68. They are defined in § 68.3 of the rule.
"Stationary source " basically means facility. The CAA and, thus Part 68 use the term "stationary
source" and we explain it in Chapter 1. Generally, we use "facility" in its place in this document.
"Process " is given a broad meaning in this rale and document. Most people think of a process as the
mixing or reacting of chemicals. Its meaning under tibis rule is much broader. It basically means any
equipment, including storage vessels, and activities, such as loading, that involve a regulated
substance and could lead to an accidental release. Chapter 1 discusses the definition of process
under this rule in detail.
"Regulated substance" means one of the 140 chemicals listed in part 68.
"Threshold quantity" means the quantity, in pounds, of a regulated substance which, if exceeded,
triggers coverage by this rule. Each regulated substance has its own threshold quantity. If you have
more than a threshold quantity of a regulated substance in a process, you must comply with the rule.
Chapter 1 explains how to determine whether you have a threshold quantity.
"Vessel" means any container, from a single drum or pipe to a large storage tank or sphere.
"Public receptor" generally means any place where people live, work, or gather, with the exception
of roads. Buildings, such as houses, shops, office buildings, industrial facilities, the areas
surrounding buildings where people are likely to be present, such as yards and parking lots, and
recreational areas, such as parks, sports arenas, rivers, lakes, beaches, are considered public
receptors. Chapter 2 discusses public receptors.
"Environmental receptor" means a limited number of natural areas that are officially designated by
the state or federal government. Chapter 2 discusses this definition.
July 1998
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Introduction
-VI-
WHAT IS A LOCAL EMERGENCY PLANNING COMMITTEE?
Local emergency planning committees (LEPCs) were formed under the Federal Emergency Planning
and Community Right-to-Know Act (EPCRA) in 1986. The committees are designed to serve as a
community forum for issues relating to preparedness for emergencies involving hazardous
substances. They consist of representatives from local government, local industry, transportation
groups, health and medical organizations, community groups, and the media. LEPCs:
+ Collect information from facilities on hazardous substances that pose a risk to the
community;
+ Develop a contingency plan for the community based on this information; and
+ Make information on hazardous substances available to the general public.
Contact the mayor's office or the county emergency management office for more information on your
LEPC.
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CHAPTER 1: GENERAL APPLICABILITY
1.1 INTRODUCTION
The purpose of this chapter is to help you determine if you are subject to Part 68, the
risk management program rule. Part 68 covers you if you are:
+ The owner or operator of a stationary source (facility)
4- That has more than a threshold quantity
+ Of a regulated substance
+ In a process.
The goal of this chapter is to make it easy for you to identify processes that are
covered by this rule so you can focus on them.
This chapter walks you through the key decision points (rather than the definition
items above), starting with those provisions that may tell you that you are not subject
to the rule. We first outline the general applicability provisions and the few
exemptions and exclusions, then discuss which chemicals are "regulated substances."
If you do not have a "regulated substance" at your site, you are not covered by this
rule. The exemptions may exclude you from the rule or simply exclude certain
activities from consideration. (Throughout this document, when we say "rule" we
mean the regulations in part 68.)
We then describe what is considered a "process," which is critical because you are
subject to the rule only if you have more than a threshold quantity in a process. The
chapter next describes how to determine whether you have more than a threshold
quantity.
Finally, we discuss how you define your overall stationary source and when you
must comply. These questions are important once you have decided that you are
covered. For most facilities covered by this rule, the stationary source is basically all
covered processes at your site. If your facility is part of a site with other divisions of
your company or other companies, the discussion of stationary source will help you
understand what you are responsible for in your compliance and reporting. Exhibit
1-1 presents the decision process for determining applicability.
STATE PROGRAMS
This guidance applies to only 40 CFR part 68. You should check with your state government to
determine if the state has its own accidental release prevention rules or has obtained delegation from
EPA to implement and enforce part 68 in your state. State rules may be more stringent than EPA's
rules. Unless your state has been granted delegation, you must comply with part 68 as described in
this document even if your state has different rules under state law. See Chapter 10 for a discussion
of state implementation of part 68.
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EXHIBIT 1-1
EVALUATE FACILITY TO IDENTIFY COVERED PROCESSES
is your facility
a stationary
source?
Do you have
any regulated
substances?
STOP!
You are not covered
by the rule.
Define your
processes
Do you nave any
regulated substances
above a threshold quantity
in a process?
You are subject
to the rule.
Assign Program levels to
covered processes
(see Exhibit 2-1)
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Chapter 1
General Applicability
1.2 GENERAL PROVISIONS
The CAA applies this rule to any person who owns or operates a stationary source.
"Person" is defined to include
"An individual, corporation, partnership, association, State, municipality, political
subdivision of a state, and any agency, department, or instrumentality of the United
States and any officer, agency, or employee thereof."
The rule, therefore, applies to all levels of government as well as private businesses.
CAA section 112(r)(2)(c) defines "stationary sources" as:
"Any buildings, structures, equipment, installations, or substance emitting stationary
activities
+ Which belong to the same industrial group,
+ Which are located on one or more contiguous properties,
+ Which are under the control of the same person (or persons under common
control), and
+ From which an accidental release may occur."
EPA has added some language in the rule to clarify issues related to transportation
(see below).
FARMS (§68.125)
The rule has only one exemption: for ammonia when held by a farmer for use on a
farm. This exemption applies to ammonia only when used as a fertilizer by a farmer.
It does not apply to agricultural suppliers or the fertilizer manufacturer. It does not
apply to farm cooperatives or to groups of farmers who buy, use, and sell ammonia.
In the event that a farmer stores one or more other regulated substance above
threshold quantities, that storage would be covered.
FLAMMABLE FUELS (§ 68.126)
The flammable substances listed in § 68.130 are excluded from coverage under part
68 when they are used as a fuel or held for sale as a fuel at a retail facility. A retail
facility is defined as a stationary source at which more than half of the income is
obtained from direct sales to end users or at which more than one-half of the fuel
sold, by volume, is sold through a cylinder exchange program.
Unless your facility meets the definition of a "retail facility," if you hold a listed
flammable substance for purposes other than on-site use as fuel, you are potentially
covered by part 68. For example, if you manufacture a listed flammable fuel, use it
as a chemical feedstock, or store it in bulk for sale and do not meet the definition of a
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1-4
retail facility, you may be covered by the rule. If you store a listed flammable
! substance for non-fuel use and also use some of it on-site as a fuel, the quantity used
••••': as a fuel is not covered; the quantity not used on site as a fuel is potentially subject to
: the rule. If you are a retailer who sells a flammable fuel and a listed toxic substance,
„ the toxic substance is potentially subject to the rule, but the flammable substance is
excluded from coverage.
i" > ,. ! . ' i !
• i :;, . • ' i, .1
TRANSPORTATION ACTIVITIES .
The rule applies only to stationary sources. Pipelines covered by DOT or under a
state natural gas or hazardous liquid program for which the state has in effect a
certification to DOT under 49 U.S.C. 6010.5 are not covered. Piping at your source,
however, is covered. Storage of natural gas incident to transportation (i.e., gas taken
from a pipeline during non-peak periods and placed in storage fields, then returned to
the pipeline when needed) is not covered. Storage fields include, but are not limited
to, depleted oil and gas reservoirs, aquifers, mines, or caverns. Liquefied natural
gas facilities covered by 49 CFR part 193 are not covered.
Qs&As
STATIONARY SOURCE
Q. What does "same industrial group" mean?
A. Operations at a site that belong to the same three-digit North American Industry Classification
System (NAJCS) code (which has replaced the old two-digit SIC codes) belong to the "same
industrial group. In addition, where one or more operations at the site serve primarily as support
facilities for the main operation at the site, the supporting operations are part of the "same industrial
group" as the main operation. For example, if you manufacture chemicals (NAICS 325) and operate
a waste treatment facility (NAICS 562) that handles primarily wastes generated by your chemical
operations, the waste operation would be considered a support operation. If you operate a
petrochemical manufacturing operation (NAICS 32511) next to your petroleum refinery (NAICS
32411), the two plants would be considered in different industrial groups and would require two
RMPs unless the majority of the refinery's production was used by the chemical manufacturing plant.
Q. What does "contiguous property" mean?
A. Property that is adjoining. Public rights-of-way (e.g., railroads, highways) do not prevent property
from being considered contiguous. Property connected only by rights-of-way are not considered
contiguous (e.g., two plants with a connecting pipeline).
Q. What does "control of the same person" mean?
A. Control of the same person refers to corporate control, not site management If two divisions of*a
corporation operate at the same site, even if each operation is managed separately, they will count as
one source provided the other criteria are met because they are under control of the same company.
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Chapter 1
General Applicability
Transportation containers used for storage not incident to transportation and
transportation containers connected to equipment at a stationary source are
considered part of the stationary source. Transportation containers that have been
unhooked from the motive power that delivered them to the site (e.g., truck or
locomotive) and left on your site for short-term or long-term storage are part of your
stationary source. For example, if you have railcars on a private siding that you use
as storage tanks until you are ready to hook them to your process, these railcars
should be considered to be part of your source. If a tank truck is being unloaded and
the motive power is still attached, the truck and its contents are considered to be in
transportation and not covered by the rule. You should count only the substances in
the piping or hosing as well as the quantity unloaded. Some issues related to
transportation are still under discussion with DOT.
RELATIONSHIP TO OSHA PROCESS SAFETY MANAGEMENT STANDARD EXEMPTIONS
The OSHA Process Safety Management (PSM) standard (29 CFR 1910.119)
exempts retail facilities, substances used solely as a fuel if such substances are not
part of a process containing another regulated substance, flammable liquids stored in
atmospheric storage tanks, oil and gas well drilling and services, and normally
unoccupied remote facilities; in addition state and local governments are not subject
to federal OSHA standards. The OSHA exemptions do not apply or extend to EPA's
Risk Management Program Rule. Your processes are not exempt from the Risk
Management Program simply because they qualify for one of the OSHA exemptions.
EPA's rule covers retail facilities handling regulated toxics, substances stored in
atmospheric storage tanks, and state and local governments if they own or operate a
facility where there is more than a threshold quantity in a process. As discussed in
Section 1.5, most oil and gas production facilities as well as retail gas stations are
not subject to the rule because the flammables are excluded from threshold
determinations. As discussed above, flammable substances are excluded when used
as fuels or held by a retail facility for sale to end users. Unlike OSHA, EPA
excludes flammable substances used as a fuel even if they are used in a process that
contains other regulated substances.
1.3 REGULATED SUBSTANCES AND THRESHOLDS (§ 68.130)
The list of substances regulated under § 68.130 is in Appendix A. Check the list
carefully. If you do not have any of these substances (either as pure substances or in
mixtures above 1 percent concentration) or do not have them above their listed
threshold quantities, you do not need to read any further because you are not
covered.
The list includes 77 chemicals that were listed because they are acutely toxic; they
can cause serious health effects or death from short-term exposures. The list also
covers 63 flammable gases and highly volatile flammable liquids. The flammable
chemicals have the potential to form vapor clouds and explode or burn if released.
The rule also covers flammable mixtures that include any of the listed flammables if
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Chapter 1
General Applicability
1-6
the mixture meets the criteria for the National Fire Protection Association's (NFPA)
4 rating.
"' ! '!!' 'I !' i
1.4 WHAT IS A PROCESS
'!
The concept of "process" is key to whether you are subject to this rule. Process is
defined in 40 CFR § 68.3 as:
-' ... , i, I . . ' ,
"Any activity involving a regulated substance, including any use, storage,
manufacturing, handling, or on-site movement of such substances, or combination of
these activities. For the purposes of this definition, any group of vessels that are
interconnected, or separate vessels that are located such that a regulated substance
could be involved in a potential release, shall be considered a single process."
"Vessel" in § 68.3 means any reactor, tank, drum, barrel, cylinder, vat, kettle, boiler,
pipe, hose, or other container.
EPA's definition of process is identical to the definition of process under the OSHA
PSM standard. Understanding the definition of process is important in deterrnining
whether you have a threshold quantity of a regulated substance and what level of
requirements you must meet if the process is covered.
What does this mean to you?
+ If you store a regulated substance in a single vessel in quantities above the
threshold quantity, you are covered.
+ If you have interconnected vessels that altogether hold more than a threshold
quantity, you are covered. The connections need not be permanent. If two
or more vessels are connected occasionally, they are considered a single
process for the purposes of determining whether a threshold quantity is
present.
+ If you have multiple unconnected vessels, containing the same substance,
you will have to determine whether they need to be considered together as
co-located.
, • ' . I . i
A process can be as simple as a single storage vessel or a group of drums or
cylinders in one location or as complicated as a system of interconnected reactor
; vessels, distillation columns, receivers, pumps, piping, and storage vessels.
• • • • ' : : : | ,
SINGLE VESSELS
i
i
If you have only a single vessel containing regulated substances, you need not worry
about the other possibilities for defining a process and can skip to section 1.5. For
, the purposes of defining a threshold quantity, you need only consider the quantity in
1 this vessel.
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General Applicability
INTERCONNECTED VESSELS
In general, if you have two or more vessels containing a regulated substance that are
connected through piping or hoses for the transfer of the regulated substance, you
must consider the total quantity of a regulated substance in all the connected vessels
and piping when determining if you have a threshold quantity in a process. If the
vessels are connected for transfer of the substance using hoses that are sometimes
disconnected, you still have to consider the contents of the vessels as one process,
because if one vessel were to rupture while the hose was attached or the hose were to
break during the transfer, both tanks could be affected. Therefore, you must count
the quantities in both tanks and in any connecting piping or hoses. You cannot
consider the presence of automatic shutoff valves or other devices that can limit
flow, because these are assumed to fail for the purpose of determining the total
quantity in a process.
Once you have determined that a process is covered (the quantity of a regulated
substance exceeds its threshold), you must also consider equipment, piping, hoses, or
other interconnections that do not carry or contain the regulated substance, but that
are important for accidental release prevention. Equipment or connections which
contain utility services, process cooling water, steam, electricity, or other non-
regulated substances may be considered part of a process if such equipment could
cause a regulated substance release or interfere with mitigating the consequences of
an accidental release. Your prevention program for this process (e.g., PSM program)
will need to cover such equipment. If, based on your analysis, it is determined that
interconnected equipment or connections not containing the regulated substance
cannot cause a regulated substance release or interfere with mitigation of the
consequences of such a release, then such equipment or connections could safely be
considered outside the limits or boundaries of the covered process.
In some cases, such as in a large refinery or multi-unit chemical plant, deterrnining
the boundaries of a process for purposes of the RMP rule may be complicated. In the
preamble to the June 20, 1996 rule (61 FR 31668), EPA clearly stated its intent to be
consistent with OSHA's interpretation of "process" as that term is used in OSHA's
PSM rule. Therefore, if your facility is subject to the PSM rule, the limits of your
process(es) for purposes of OSHA PSM will be the limits of your process(es) for
purposes of RMP (except in cases involving atmospheric storage tanks containing
flammable regulated substances, which are exempt from PSM but not RMP). If your
facility is not covered by OSHA PSM and is complicated from an engineering
perspective, you should consider contacting your implementing agency for advice on
determining process boundaries.
CO-LOCATION
The third possibility you must consider is whether you have separate vessels that
contain the same regulated substance that are located such that they could be
involved in a single release. If so, you must add together the total quantity in all
such vessels to determine if you have more than a threshold quantity. This
possibility will be particularly important if you store a regulated substance in
cylinders or barrels or other containers in a warehouse or outside in a rack. In some
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Chapter 1
General Applicability
1-8
cases, you may have two vessels or systems that are in the same building or room.
For each of these cases, you should ask yourself:
:i
4- Could a release from one of the containers lead to a release from the other?
For example, if a cylinder of a flammable substance were to rupture and
bum, would the fire spread to other cylinders?
j
4- Could an event external to the containers, such as a fire or explosion or
collapse or collision (e.g., a vehicle collides with several stored containers),
have the potential to release the regulated substance from multiple
containers?
You must determine whether there is a credible scenario that could lead to a release
of a threshold quantity.
For flammables, you should consider the distance between vessels. If a fire could
spread from one vessel to others or an explosion could rupture multiple vessels, you
must count all of them. For toxics, a release from a single vessel will not normally
lead to a release from others unless the vessel fails catastrophically and explodes,
sending metal fragments into other vessels. Co-located vessels containing toxic
substances, however, may well be involved in a release caused by a fire or explosion
that occurs from another source. The definition of process is predicated on the
assumption that explosion will take place. In. addition, a collapse of storage racks
could lead to multiple vessels breaking open.
,. |
If the vessels are separated by fire walls or barricades that will contain the blast
waves from explosions of the substances, you will not need to count the separated
vessels, but you would count any that are in the same room.
:,. ! !
You may not dismiss the possibility of a fire spreading based on an assumption that
your fire brigade will be able to prevent any spread. You should ask yourself how
far the fire would spread if the worst happens — the fire brigade is slow to arrive,
the water supply fails, or the local fire department decides it is safer to let the fire
burn itself out. If you have separate vessels containing a regulated substance that
could be affected by the same accident, you should count them as a single process.
PROCESSES WITH MULTIPLE CHEMICALS
When you are determining whether you have a covered process, you should not limit
your consideration to vessels that have the same regulated substance. A covered
process includes any vessels that altogether hold more than a threshold quantity of
regulated substances and that are interconnected or co-located. Therefore, if you
have four storage or reactor vessels holding four different regulated substances
above their individual thresholds and they are located close enough to be involved in
a single event, they are considered a single process. One implication of this
approach is that if you have two vessels, each containing slightly less than a
threshold quantity of the same regulated substance and located a considerable
distance apart, and you have other storage or process vessels in between with other
regulated substances above their thresholds, the two vessels with the first substance
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Chapter 1
General Applicability
may be considered to be part of a larger process involving the other intervening
vessels and other regulated substances, based on co-location.
Exhibit 1-2 provides illustrations of what may be defined as a process.
DIFFERENCES WITH OSHA
OSHA aggregates different flammable liquids across vessels in making threshold
determinations; OSHA also aggregates different flammable gases (but does not
aggregate flammable liquids with flammable gases); EPA aggregates neither.
Therefore, if you have three co-located or connected reactor vessels each containing
5,000 pounds of a different flammable liquid, OSHA considers that you have 15,000
pounds of flammable liquids and are covered by the PSM standard. Under EPA's
rale, you would not have a covered process because you do not meet the threshold
quantity for any one of the three substances. OSHA, like EPA, does not aggregate
quantities for toxics as a class (i.e., each toxic substance must meet its own threshold
quantity).
1.5 THRESHOLD QUANTITY IN A PROCESS
The threshold quantity for each regulated substance is listed in 40 CFR § 68.30, in
Appendix A. You should determine whether the maximum quantity of each
substance in a process is greater than the threshold quantity listed. If it is, you must
comply with this rule for that process. Even if you are not covered by this rule, you
may still be subject to reporting requirements under the Emergency Planning and
- Community Right to Know Act (EPCRA).
QUANTITY IN A VESSEL
To determine if you have the threshold quantity of a regulated substance in a vessel
involved in a single process, you need to consider the maximum quantity in that
vessel at any one time. You do not need to consider the vessel's maximum capacity if
you never fill it to that level. Base your decision on the actual maximum quantity
that you may have in the vessel. Your maximum quantity may be more than your
normal operating maximum quantity; for example, if you may use a vessel for
emergency storage, the maximum quantity should be based on the quantity that
might be stored.
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EXHIBIT 1-2: PROCESS
Schematic Representation
Description
Interpretation
1 vessel
1 regulated substance above TQ
1 process
2 or more connected vessels
same regulated substance
above TQ
1 process
2 or more connected vessels
different regulated substances
each above TQ
1 process
pipeline feeding multiple vessels
total above TQ
1 process
Q
2 or more vessels co-located
same substance
total above TQ
1 process
2 or more vessels co-located
different substances
each above TQ
1 process
2 vessels, located so they won't be
involved in a single release
same or different substances
each above TQ
2 processes
2 locations with regulated substances
each above TQ
1 or 2 processes
depending on distance
Flammable
1 series of interconnected vessels
same or different substances above TQs
plus a co-located storage vessel
containing flammables
1 process
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Chapter 1
General Applicability
AGGREGATION OF SUBSTANCES
A toxic substance is never aggregated with a different toxic substance to determine whether a
threshold quantity is present. If your process consists of co-located vessels with different toxic
substances, you must determine whether each substance exceeds its threshold quantity.
A flammable substance in one vessel is never aggregated with a different flammable substance in
another vessel to determine whether a threshold quantity is present. However, if a flammable
mixture meets the criteria for NFPA-4 and contains different regulated flammables, it is the mixture,
not the individual substances, that is considered in determining if a threshold quantity is present.
"At any one time" means you need to consider the largest quantity that you ever have
in the vessel. If you fill a tank with 50,000 pounds and immediately begin using the
substance and depleting the contents, your maximum is 50,000 pounds.
If you fill the vessel four times a year, your maximum is still 50,000 pounds.
Throughput is not considered because the rule is concerned about the maximum
quantity you could release in a single event.
QUANTITY IN A PIPELINE
The maximum quantity in a pipeline will generally be the capacity of the pipeline
(volume). In most cases, pipeline quantity will be calculated and added to the
interconnected vessels.
INTERCONNECTED/CO-LOCATED VESSELS
If your process consists of two or more interconnected vessels, you must determine
the maximum quantity for each vessel and the connecting pipes or hoses. The
maximum for each individual vessel and pipe is added together to determine the
maximum for the process.
If you have determined that you must consider co-located vessels as one process, you
must determine the maximum quantity for each vessel and sum up the quantities of
all such vessels.
QUANTITY OF A SUBSTANCE IN A MIXTURE
TOXICS WITH LISTED CONCENTRATION
Four toxic substances have listed concentrations in the rule: hydrochloric acid -
percent or greater; hydrofluoric acid — 50 percent or greater; nitric acid — 80
percent or greater; and ammonia — 20 percent of greater.
•37
If you have these substances in solution and their concentration is less than
the listed concentration, you do not need to consider them at all.
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1-12
+ If you have one of these four above their listed concentration, you must
determine the weight of the substance in the solution and use that to
calculate the quantity present. If that quantity is greater than the threshold,
the process is covered. For example, aqueous ammonia is covered at
concentrations above 20 percent, with a threshold quantity of 20,000 pounds.
If the solution is 25 percent ammonia, you would need 80,000 pounds of the
solution to meet the threshold quantity; if the solution is 44 percent
ammonia, you would need 45,455 pounds to meet the threshold quantity
(quantity of mixture x percentage of regulated substance = quantity of
regulated substance).
• , . . | • • !
Note that in a revision to part 68, EPA changed the concentration for hydrochloric
acid to 37 percent or greater (see Appendix A).
TOXICS WITHOUT A LISTED CONCENTRATION
I
:|
For toxics without a listed concentration, if the concentration is less than one percent
you need not consider the quantity in your threshold determination. If the
concentration in a mixture is above one percent, you must calculate the weight of the
regulated substance in the mixture and use that weight to determine whether a
threshold quantity is present. However, if you can measure or estimate (and
document) that the partial pressure of the regulated substance in the mixture is less
than 10 mm Hg, you do not need to consider the mixture. Note that the partial
pressure rule does not apply to toluene diisocyanate (2-4, 2-6, or mixed isomers) or
oleum.
, ,,' "'' !
EPA treats toxic mixtures differently from OSHA. Under the OSHA PSM standard,
the entire weight of the mixture is counted toward the threshold quantity; under part
68, only the weight of the toxic substance is counted.
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Chapter 1
General Applicability
QS&AS
PROCESS
Q. Do I have to do my hazard review, process hazard analysis, or other prevention activity on the
whole process or can I break it into separate units?
A. Once you have determined that you have a covered process, you can divide the covered process
any way you want to implement the prevention program. If you have multiple interconnected storage
and reactor vessels in your process, you may want to treat them separately when you conduct the
hazard review or process hazard analysis, if only to make the analyses easier to manage. Storage and
reactor vessels may require separate maintenance programs. You should do what makes sense for
you.
Q. How far apart do separate vessels have to be to be considered different processes?
A. There is no hard and fast rule for how great this distance should be before you do not need to
consider the vessels as part of one process. Two vessels at opposite ends of a large warehouse room
might have to be considered as one process if the entire warehouse or room could be engulfed in a
fire. Two vessels separated by the same distance out of doors might be far enough apart that a fire
affecting one would be unlikely to spread to the other. You may want to consult with your local fire
department. You should then use your best professional judgment. Ask yourself how much of the
regulated substance could be released if the worst happens (you have a major fire, an explosion, a
natural disaster).
FLAMMABLES
Flammable mixtures are subject to the rule only if there is a regulated substance in
the mixture above one percent and the entire mixture meets the NFPA-4 criteria. If
the mixture meets both of these criteria, you must use the weight of the entire
mixture (not just the listed substance) to determine if you exceed the threshold
quantity. The NFPA-4 definition is as follows:
"Materials that will rapidly or completely vaporize at atmospheric pressure and
normal ambient temperature or that are readily dispersed in air, and that will bum
readily. This degree usually includes:
FLAMMABLE GASES
Flammable cryogenic materials
Any liquid or gaseous material that is liquid while under pressure and has a flash
point below 73 F (22.8 C) and a boiling point below 100 F (37.8 C) (i.e., Class 1A
flammable liquids)
Materials that will spontaneously ignite when exposed to air."
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1-14
FLAMMABLES NOT COVERED BY PART 68 (§ 68.115)
The following flammables are not considered part of a "stationary source" and,
therefore, any regulated substances contained in them need not be included in your
calculations of threshold quantities:
4- Naturally occurring hydrocarbon reservoirs; and
4- Naturally occurring hydrocarbon transportation subject to oversight or
regulation under a state natural gas or hazardous liquid program for which
the state has in effect a certification to DOT under 49 U.S.C. 60105.
•' •!..' ' ", , • ' •: • ,'' i''' ' ! !:' '}
"Naturally occurring hydrocarbon reservoirs" includes oil and gas fields, where the
hydrocarbons occur in nature and from which they are pumped; it does not include
natural formations, such as salt domes, where hydrocarbons are stored after they
have been produced or processed. Transportation subject to state oversight or
regulation refers to transportation in pipelines.
You do not need to consider the following flammable substances when you
determine the applicability of the rule:
: • . ! ;, I ; ;
4- Gasoline, when in distribution or related storage for use as fuel for internal
combustion engines;
4- Naturally occurring hydrocarbon mixtures prior to entry into a petroleum
refining process unit (NAICS code 32411) or a natural gas processing plant
(NAICS code 211112). Naturally occurring hydrocarbon mixtures include
any of the following:
4- Condcnsatc - hydrocarbon liquid separated from natural gas that condenses
because of changes in temperature, pressure, or both, and that remains liquid
;;: at standard conditions; '
4 Crude oil - any naturally occurring, unrefined petroleum liquid;
i • 4- Field gas - gas extracted from a production well before the gas enters a
!: natural gas processing plant (any processing site engaged in the extraction of
: ! natural gas liquids from field gas, fractionation of mixed natural gas liquids
to natural gas products, or both); and
' 4- Produced water - water extracted from the earth from an oil or natural gas
production well, or that is separated from oil or natural gas after extraction.
EXCLUSIONS (§ 68.115)
•''.,., •• ' i ' i,
'• The rule has a number of exclusions that allow you to ignore certain items that
; contain a regulated substance when you determine whether a threshold quantity is
present. Note that these same exclusions apply to EPCRA section 313; you may be
familiar with them if you comply with that provision.
July 1998
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1-15
Chapter 1
General Applicability
ARTICLES (§68.115(b)(4))
You do not need to include in your threshold calculations any manufactured item
defined at § 68.3 (as defined under 29 CFR 1910.1200(b)) that:
+ Is formed to a specific shape or design during manufacture,
+ Has end use functions dependent in whole or in part upon the shape or
design during end use, and
+ Does not release or otherwise result in exposure to a regulated substance
under normal conditions of processing and use.
USES (§ 68.115(b)(5))
You also do not need to include regulated substances in your calculation when in use
for the following purposes:
4- Use as a structural component of the stationary source;
4- Use of products for routine janitorial maintenance;
4- Use by employees of foods, drugs, cosmetics, or other personal items
containing the regulated substances; and
4- Use of regulated substances present in process water or non-contact cooling
water as drawn from the environment or municipal sources, or use of
regulated substances present in air used either as compressed air or as part of
combustion.
ACTIVITIES IN LABORATORIES
If a regulated substance is manufactured, processed, or used in a laboratory at a
stationary source under the supervision of a technically qualified individual (as
defined by § 720.3 (ee) of 40 CFR), the quantity of the substance need not be
considered in determining whether a threshold quantity is present. This exclusion
does not extend to:
+ Specialty chemical production;
+ Manufacture, processing, or use of substances in pilot plant scale operations;
and
+ Activities conducted outside the laboratory.
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Chapter 1
General Applicability
1-16
1.6 STATIONARY SOURCE
The rule applies to "stationary sources" and each stationary source with one or more
covered processes must file an RMP that includes all covered processes.
;: • i I
SIMPLE SOURCES
' ',i " > ! ,
.: For most facilities covered by this rule, determining what constitutes a "stationary
source" is simple.' If you own or lease a property, your processes are contained
within the property boundary, and no other companies operate on the property, then
your stationary source is defined by the property boundary and covers any process
within the boundaries that has more than a threshold quantity of a regulated
substance. You must comply with the rule and file a single RMP for all covered
processes.
- "' • ' • '• • ! 1
MULTIPLE OPERATIONS OWNED BY A SINGLE COMPANY
If the property is owned or leased by your company, but several separate operating
divisions of the company have processes at the site, the divisions' processes may be
considered a single stationary source because they are controlled by a single
company. Two factors will determine if the processes are to be considered a single
source: Are the processes located on one or more contiguous properties? Are all of
the operations in the same industrial group?
11111 , ' ',!!'; II i 'I || , , |
'"'!!,!,
If your company does have multiple operations that are on the same property and are
in the same industrial group, each operating division may develop its prevention
program separately for its covered processes, but you must file a single RMP for all
covered processes at the site. You should note that this is different from the
requirements for filing under CAA Title V, and EPCRA section 313 (the annual
toxic release inventory), where each division could file separately if your company
chose to do so.
OTHER SOURCES
There are situations where two or more separate companies occupy the same site.
; The simplest of these cases is if multiple companies lease land at a site (e.g., an
industrial park). Each company that has covered processes must file an RMP that
includes information on its own covered processes at the site. You are responsible
for filing an RMP for any operations that you own or operate.
Another possibility is that one company owns the land and operates there while
leasing part of the site to a second company. If both companies have covered
processes, each is considered a separate stationary source and must file separate
RMPs even if they have contractual relationships, such as supplying product to each
other or sharing emergency response functions.
,. . j,
If you and another company jointly own a site, but have separate operations at the
site, you each must file separate RMPs for your covered processes. Ownership of
A&it 5932000
it! .Slid !,.b;
IlilL.i. ',,, i. kiillltliilt illllUI,
i|
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1-17
Chapter 1
General Applicability
the land is not relevant; a stationary source consists of covered processes located on
the same property and controlled by a single owner.
JOINT VENTURES
You and another company may jointly own covered processes. In this case, the legal
entity you have established to operate these processes should file the RMP. If you
consider this entity a subsidiary, you should be listed as the parent company in the
RMP.
MULTIPLE LOCATIONS
If you have multiple operations in the same area, but they are not on physically
connected land, you must consider them separate stationary sources and file separate
RMPs for each, even if the sites are connected by pipelines that move chemicals
among the sites. Remember, the rule applies to covered processes at a single
location.
Exhibit 1-3 provides examples of stationary source decisions.
1.7 WHEN YOU MUST COMPLY
If you had a covered process prior to June 21, 1999, you must comply with the
requirements of part 68 no later than June 21, 1999. This means that whenever a
process starts prior to June 21, 1999, you must be in compliance with the rule on
June 21, 1999. You must have developed and implemented all of the elements of the
rule that apply to each of your covered processes, and you must have submitted an
RMP to EPA.
If the first time you have a covered process is after June 21, 1999, or you bring a new
process on line after that date, you must comply with part 68 no later than the date on
which you first have more than a threshold quantity of a regulated substance in a
process.
July 1998
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EXHIBIT 1-3: STATIONARY SOURCE
Schematic Representation
Description
Interpretation
ABC Chemicals
General Chemicals Division
ABC Chemicals
Plastics Division
same owner
same industrial group
ABC Chemicals
Agricultural Chemicals Division
1 stationary source
1 RMP
I if-1tv rriv in1 f~]TF"~t""™ f
ABC Chemicals
ABC Chemicals
two owners
XYZ Gases
2 stationary sources
2RMPs
1 ABC
1 XYZ
ABC Chemicals ABC Refinery
*"'-.. „»'"« it In,.
two owners
three industrial groups
XYZ Gases
3 stationary sources
1 ABC Chemicals
1 ABC Refinery
1 XYZ Gases
ABC Chemicals
two owners
ABC-MNO Joint-Venture
2 stationary sources
2RMPs
ABC Products
ABC Products
same owner
same industrial group
contiguous property
1 stationary source
1 RMP
Building owned by Brown Properties
Farm Chemicals Inc.
Brown Property offices
TV if
Chemic
""*
*™t
, i /i
ais
-•'
M
fn
j if
two owners
Pet Supply Storage
(no regulated substances)
2 stationary sources
2RMPs
1 ABC Chemicals
1 Farm Chemicals
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1-19
Chapter 1
General Applicability
Qs&As
STATIONARY SOURCE
Q. I operate a single covered process on a site owned by a large company. I manufacture a regulated
substance that I pipe to the other company for use in its processes. At what point do the piping and
substance become part of the other company's stationary source?
A. The answer will vary. The company that owns and maintains the piping should probably
consider it part of its stationary source. If, however, there is a point (e.g., a valve or meter) where the
receiving company is considered to take ownership of the substance, then you may decide to divide
the piping and its contents at that point.
Q. The definition of process would seem to say that my process is part of the larger company's
process because they are interconnected. Why can't the larger company just include my process in its
RMP?
A. Your process is not part of the larger company's stationary source because it does not meet the
statutory criteria for stationary sources. Although the process may be part of the same industrial
group and is at the same location, it is not under control of the same person. Therefore, the process is
a separate stationary source and must have a separate RMP.
July 1998
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Chapter 1
General Applicability
1-20
QS&AS
COMPLIANCE DATES
Q. What happens if I bring a new covered process on line (e.g., install a second storage tank) after
June 21, 1999?
A. For a new covered process added after the initial compliance date, you must be in compliance on
the date you first have a regulated substance above the threshold quantity. There is no grace period.
You must develop and implement all the applicable rule elements and update your RMP before you
start operating the new process.
Q. What if EPA lists a new substance?
A. You will have three years from the date on which the new listing is effective to come into
compliance for any process that is covered because EPA has listed a new substance.
Q. What if I change a process by adding new reactor vessels, but do not change the substances?
A. Because increasing the number of reactor vessels is a major change to your process, you will have
six months to come into compliance and update your RMP to reflect changes in your prevention
program elements and report any other changes.
Q. What if the quantity in the process fluctuates? I may not have a threshold quantity on June 21,
1999, but I will before then and after then.
A. You do not need to comply with the rule and file an RMP until you have more than threshold
quantity in a process; however, once you have more than threshold quantity in a process after June 21,
1999, you must be hi compliance immediately. In this situation, with fluctuating quantities, it may be
prudent to file by June 21. 1999, so you will be in compliance when your quantity exceeds the
threshold.
July 1998
lliil;,!,ll, ihlllik!,! ti .Ill.!!!;,!Hll iLiiiilllllliaiii'liiin , ;illll,llllill|!|Ji II I.I,,,
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CHAPTER 2: APPLICABILITY OF PROGRAM LEVELS
2.1 WHAT ARE PROGRAM LEVELS?
Once you have decided that you have one or more processes subject to this rule (see
Chapter 1), you need to identify what actions you must take to comply. The rule
defines three Program levels based on processes' relative potential for public impacts
and the level of effort needed to prevent accidents. For each Program level, the rule
defines requirements that reflect the level of risk and effort associated with the
processes at that level. The Program levels are as follows:
Program 1: Processes with no public receptors within the distance to an
endpoint from a worst-case release and with no accidents with specific
. offsite consequences within the past five years are eligible for Program 1,
which imposes limited hazard assessment requirements and minimal
prevention and emergency response requirements.
Program 2: Processes not eligible for Program 1 or subject to Program 3
are placed in Program 2, which imposes streamlined prevention program
requirements, as well as additional hazard assessment, management, and
emergency response requirements.
Program 3: Processes not eligible for Program 1 and either subject to
OSHA's PSM standard under federal or state OSHA programs or classified
in one often specified North American Industry Classification System
(NAICS) codes are placed in Program 3, which imposes OSHA's PSM
standard as the prevention program as well as additional hazard assessment,
management, and emergency response requirements.
If you can qualify a process for Program 1, it is in your best interests to dp so, even if
the process is already subject to OSHA PSM. For Program 1 processes, the
implementing agency will enforce only the minimal Program 1 requirements. If you
assign a process to Program 2 or 3 when it might qualify for Program 1, the
implementing agency will enforce all the requirements of the higher program levels.
If, however, you are already in compliance with the prevention elements of Program
2 or Program 3, you may want to use the RMP to inform the community of your
prevention efforts.
See Exhibit 2-1 for a diagram of the decision rules on Program level.
KEY POINTS TO REMEMBER
In deterrnining program level(s) for your process(es), keep hi mind the following:
(1) Each process is assigned to a program level, which radicates the risk
management measures necessary to comply with this regulation for that
process, not the facility as a whole. The eligibility of one process for a
April 17, 2000
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EXHIBJT2-1
EVALUATE PROGRAWI LEVELS FOR COVERED PROCESSES
Are public receptors
within the distance to
the endpoint for a
worst-case release?
Have offsite
impacts occurred due
to a release of a
regulated substance
from the process?
Process
Eligible for
Program
Level 1
Yes
Yes
Is the process
subject to the OSHA
PSM Standard?
-No
Yes
Is the process
classified in one of the
listed NAICS codes?
--No
Process
Subject to
Program
Level 2
Yes
Process
Subject to
Program
Level 3
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2-3
Chapter 2
Applicability of Program Levels
program level does not influence the eligibility of other covered processes
for other program levels.
(2) Any process that meets the criteria for Program 1 can be assigned to
Program 1, even if it is subject to OSHA PSM or is in one of the NAICS
codes listed for Program 3.
(3) Program 2 is the default program level. There are no "standard criteria"
for Program 2. Any process that does not meet the criteria for either
Programs 1 or 3 is subject to the requirements for Program 2.
(4) Only one Program level can apply to a process. If a process consists of
multiple production or operating units or storage vessels, the highest
Program level that applies to any segment of the process applies to all parts.
Q&A
PROCESS AND PROGRAM LEVEL
Q. My process includes a series of interconnected units, as well as several storage vessels that are
co-located. Several sections of the process could qualify for Program 1. Can I divide my process
into sections for the purpose of assigning Program levels?
A. No, you cannot subdivide a process for this purpose. The highest Program level that applies to
any section of the process is the Program level for the whole process. If the entire process is not
eligible for Program 1, then the entire process must be assigned to Program 2 or Program 3.
2.2 PROGRAM 1
WHAT ARE THE ELIGIBILITY REQUIREMENTS?
Your process is eligible for Program 1 if:
(1)
There arc no public receptors within a distance to an endpoint from a
worst-case release;
(2) The process has had no release of a regulated substance in the past five years
where exposure to the substance, its reaction products, overpressures
generated by explosion involving the substance, or radiant heat from a fire
involving the substance resulted in one or more offsite deaths, injuries, or
response or restoration activities for exposure of an environmental receptor;
and
(3) You have coordinated your emergency response activities with the local
responders. (This requirement applies to any covered process, regardless of
program level.)
My 1998
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illju.'lllili!!,',,.';,""'! "fk !..!«!"! Pr
Qiapter 2
Applicability of Program Levels
2-4
WHAT Is A PUBLIC RECEPTOR?
li1,
The rule (§ 68.3) defines public as "any person except an employee or contractor of
the stationary source." Consequently, employees of other facilities that may share
your site are considered members of the public even if they share the same physical
location. Being "the public," however, is not the same as being a public receptor.
11 I;*
a Public receptors include "offsite residences, institutions (e.g., schools and
hospitals), industrial, commercial, and office buildings, parks, or recreational areas
inhabited or occupied by the public at any time without restriction by the stationary
source where members of the public could be exposed to toxic concentrations,
radiant heat, or overpressure, as a result of an accidental release." Offsite means
areas beyond your property boundary and "areas within the property boundary to
which the public has routine and unrestricted access during or outside business
•: hours." ' "' ||
:•: . . ' ;: i' '' "''•'•
The first step in identifying public receptors is determining what is "offsite." For
most facilities, that determination will be straightforward. If you restrict access to all
of your property all of the time, "offsite" is anything beyond your property
boundaries. Ways of restricting access include fully fencing the property, placing
security guards at a reception area or using ID badges to permit entry.
1 • ' ••. .•• :!: jv •:• : ••!•
If you do not restrict access to a section of your property and the public has routine
and unrestricted access to it during or after business hours, that section would be
"offsite." For example, if your operations are fenced but the public has unrestricted
" access to your parking lot during or after business hours, the parking lot is "offsite."
In the case of facilities such as hospitals, schools, and hotels that shelter members of
the public as part of their function or business, the parts of the facility that are used
to shelter the public would be "offsite."
: • i1""
Not all areas offsite are potential public receptors. The point of identifying public
receptors is to locate those places where there are likely to be, at least some of the
: time, members of the public whose health could be harmed by short-term exposure to
« an accidental release at your site. The basic test for identifying a public receptor is
! thus whether an area is a place where it is reasonable to expect that members of the
public will routinely gather at least some of the time.
The definition of "public receptor" itself specifies the types of areas where members
, of the public may routinely gather at least some of the time: residences, institutions
such as hospitals and schools, buildings in general, parks and recreational areas.
•..;, There should be little difficulty in identifying residences, institutions and businesses
; as such, and virtually any residence, institution and business will qualify as a public
receptor, even when the property is used only seasonally (as in a vacation home).
i; Notably, a residence includes its yard, if any, and an institution or business includes
• ;'i its grounds to the extent that employees or other members of the public are likely to
routinely gather there at least some of the time for business or other purposes (see
discussion of recreational areas below). The only circumstances that would justify
not considering such a property a public receptor would be where your facility owns
July 1998
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2-5
Chapter 2
Applicability of Program Levels
or controls the property and restricts access to it, or no member of the public inhabits
or occupies it at any time. Where a hospital, school, or other entity that provides
public shelter is itself subject to the part 68 rule, it will be its own public receptor
except for those areas where members of the public are not allowed to go at any
time.
Buildings other than residences, institutions or businesses are also highly likely to
qualify as public receptors since the function of most buildings is at least in part to
shelter people. Accordingly, toll booth plazas, transit stations, and airport terminals
would qualify as public receptors. For a building not to qualify as a public receptor,
one of the circumstances mentioned above would have to apply.
Every designated park or recreational area, or at least some portion thereof, is apt to
be a public gathering place by virtue of facilities made available to the public (e.g.,
visitors' center, playground, golf course, camping or picnic area, marina or ball field)
or attributes that members of the public routinely seek to use (e.g., beach). It does not
matter whether use of such facilities is seasonal; routine use for at least part of the
year would qualify the area as a public receptor.
At the same time, some portion of a designated park or recreational area may not be
a public receptor. For instance, a large state or national park may include relatively
inaccessible tracts of land that do not contain public facilities or receive routine use.
Occasional hiking, camping or hunting in such areas would not qualify the areas as
public receptors.
An area need not be designated a recreational area to be one in fact. If an area is
routinely used for recreational purposes, even if only seasonally, it is a recreational
area for purposes of the part 68 rule. For example, a marina may not bill itself as a
"recreational area," but if a marina houses recreational boats, it qualifies as a public
receptor. Further, if your facility or a neighboring property owner allows the public
to make routine recreational use of some portion of land (e.g., a ball field or fishing
pond), that portion of land would qualify as a public receptor.
Roads and parking lots are not included as such in the definition of "public
receptor." Neither are places where people typically gather; instead they are used to
travel from one place to another or to park a vehicle while attending an activity
elsewhere. However, if a parking lot is predictably and routinely used as a place of
business (e.g., a farmer's market) or for a recreational purpose (e.g., a county fair), it
would qualify as a public receptor.
In general, farm land would not be considered a public receptor. However, if farm
land, or a portion thereof, is predictably and routinely occupied by farm workers or
other members of public, even if only on a seasonal basis, that portion of the land
would be a public receptor.
If you are in doubt about whether to consider certain areas around your facility as
public receptors, you should consult with the relevant local officials and land owners
and your implementing agency for guidance.
July 1998
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Chapter 2
Applicability ofProgram Levels
2-6
Qs&As
PUBLIC RECEPTORS
Q. My processes are fenced, but my offices and parking lot for customers are not restricted. Whatis
considered offsite? What is considered a public receptor?
A. The unrestricted areas would be considered offsite. However, they would not be public receptors
because you are responsible for the safety of those who work in or visit your offices and because
parking lots are not generally public receptors.
Q. What is considered a recreational area?
A. Recreational areas would include land that is designed, constructed, designated, or used for
recreational activities. Examples are national, state, county, or city parks, other outdoor recreational
areas such as golf courses or swimming pools and bodies of waters (oceans, lakes, rivers, and
streams) when used by the public for fishing, swhnming, or boating. Public and private areas that are
predictably used for hunting, fishing, bird watching, bike riding, hiking, or camping or other
recreational use also would be considered recreational areas. EPA encourages you to consult with
land owners, local officials, and the community to reach an agreement on an area's status; your local
emergency planning committee (LEPC) can help you with these consultations. EPA recognizes that
some judgment is involved in determining whether an area should be considered a recreational area.
Q. Does public receptor cover only buildings on a property or the entire property? If the owner of
the land next to my site restricts access to the land, is it still a public receptor?
A. Public receptors are not limited to buildings. For example, if there are houses near your property,
both the houses and their yards are considered public receptors because it is likely that residents will
be present hi one or the other at least some of the time, and, in fact, people are likely to be in more
danger if they are outside when a release occurred. The ability of others to restrict access to an area
docs not change its status as a public receptor. You need to consider whether that land is generally
unoccupied. If the land is undeveloped or rarely has anyone on it, it is not'a public receptor. If you
.ire not sure of the land's use of occupancy, you should talk with the landowner and the community
ahum its status. Because it is the landowner and members of the local community who are likely to
be affected by your decision, you should involve them in the decision is you have doubts.
WHAT is A DISTANCE TO AN ENDPOINT FROM A WORST-CASE RELEASE?
, , • ', I ! , S
'•'. hi broad terms, the distance to an endpoint is the distance a toxic vapor cloud, fire, or
! explosion from an accidental release will travel before dissipating to the point that
serious injuries from short-term exposures will no longer occur. The rule establishes
"endpoints" for each regulated substance and defines the circumstances of a
:. ' ! i . ii
; '" worst-case release scenario (e.g., scenario, weather, release rate and duration) (see
' .'.. Chapter 4 or the RMP Offsite Consequence Analysis Guidance for more
information). You will have to define a worst-case release (usually the loss of the
April 17,2000
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Chapter 2
Applicability of Program Levels
total contents of your largest vessel) for each Program 1 process and either use EPA's
guidance or conduct modeling on your own to determine the distance to the endpoint
for that worst-case release. Beyond that endpoint., the effects on people are not
considered to be severe enough to merit the need for additional action under this
rule.
To define the area of potential impact from the worst-case release, draw a circle on a
map, using the process as the center and the distance to the endpoint as the radius. If
there are public receptors within that area, your process is not eligible for Program 1.
QandA
Determining Distances
Q. Our distance to the endpoint for the worst-case release is 0.3 miles. The nearest public receptor
is 0.32 miles away. What tools are available to document that the public receptor is beyond the
distance to the endpoint so we can qualify for Program 1?
A. The results of any air dispersion model (from EPA's guidance documents or other models) are
not precise predictions. They represent an estimate, but the actual distances to the endpoint could be
closer to or farther from the point of release. If your distance to the endpoint and distance to a public
receptor are so close that you cannot document, using a USGS map, that the two points are different,
it would be advisable to comply with the higher Program level. (The most detailed maps available
from the US Geological Survey (scale of 1:24,000) are not accurate enough to map the distances you
cite and document that the two points (which are about 100 feet apart) differ. GPS systems now have
a margin of error of 22 meters (about 0.014 miles or 72 feet); if you are using a GPS system, you
may be able to document that these points are different.)
ACCIDENT HISTORY
To be eligible for Program 1, no release of the regulated substance from the process
can have resulted in one or more offsite deaths, injuries, or response or restoration
activities at an environmental receptor during the five years prior to submission of
your RMP. A release of the regulated substance from another process has no bearing
on whether the first process is eligible for Program 1.
WHAT is AN INJURY?
An injury is defined as "any effect on a human that results either from direct
exposure to toxic concentrations; radiant heat; or overpressures from accidental
releases or from the direct consequences of a vapor cloud explosion (such as flying
glass, debris, and other projectiles) from an accidental release." The effect must
"require medical treatment or hospitalization." This definition is taken from the
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Chapter!
Applicability of Program Levels
2-8
OSHA regulations for keeping employee injury and illness logs and should be
familiar to most employers. Medical treatment is further defined as "treatment,
•"i other than first aid, administered by a physician or registered professional personnel
under standing orders from a physician." The definition of medical treatment will
likely capture most instances of hospitalization. However, if someone goes to the
hospital following direct exposure to a release and is kept overnight for observation
(even if no specific injury or illness is found), that would qualify as hospitalization
and so would be considered an injury.
WHAT is AN ENVIRONMENTAL RECEPTOR?
if. " i•
The environmental receptors you need to consider are limited to natural areas such as
national or state parks, forests, or monuments; officially designated wildlife
sanctuaries, preserves, refuges, or areas; and Federal wilderness areas. All of these
areas can be identified on local U.S. Geological Survey maps.
WHAT ARE RESTORATION AND RESPONSE ACTIVITIES?
The type of restoration and response activity conducted to address the impact of an
accidental release will depend on the type of release (volatilized spill, vapor cloud,
fire, or explosion), but may include such activities as:
4- Collection and disposal of dead animals and contaminated plant life;
4- Collection, treatment, and disposal of soil;
4- Shutoff of drinking water;
4- Replacement of damaged vegetation; or
' "" n ' i " \" i n^
4- Isolation of a natural area due to contamination associated with an accidental
release.
Q&A
ENVIRONMENTAL RECEPTORS
Q. Do environmental receptors include areas that are not Federal Class I areas under the CAA?
A. Yes. The list of environmental receptors in Part 68 includes areas in addition to those that qualify
as Federal Class I areas under CAA section 162. Under Part 68, national parks, monuments,
wilderness areas, and forests are environmental receptors regardless of size. State parks, monuments,
and forests are also environmental receptors.
July 1998
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Chapter 2
Applicability of Program Levels
DOCUMENTING PROGRAM 1 ELIGIBILITY
For every Program 1 process at your facility, you must keep records documenting the
eligibility of the process for Program 1. For each Program 1 process, your records
should include the following:
4- A description of the worst-case release scenario, which must specify the
vessel or pipeline and substance selected as worst case, assumptions and
parameters used, and the rationale for selection. Assumptions may include
use of any administrative controls and any passive mitigation that were
assumed to limit the quantity that could be released;
4- Documentation of the estimated quantity of the worst-case release, release
rate, and duration of release;
4- The methodology used to determine distance to endpoints;
4 Data used to determine that no public receptor would be affected; and
4 Information on your coordination with public responders.
2.3 QUICK RULES FOR DETERMINING PROGRAM 1 ELIGIBILITY
You generally will not be able to predict with certainty that the worst-case scenario
for a particular process will meet the criteria for Program 1. Processes containing
certain substances, however, may be more likely than others to be eligible for
Program 1, and processes containing certain other substances may be very unlikely
to be eligible for Program 1 because of the toxicity and physical properties of the
substances. The information presented below may be useful in identifying processes
that may be eligible for Program 1.
Toxic GASES
If you have a process containing more than a threshold quantity of any regulated
toxic gas that is not liquefied by refrigeration alone (i.e., you hold it as a gas or
liquefied under pressure), the distance to the endpoint estimated for a worst-case
release of the toxic gas will generally be several miles. As a result, the distance to
endpoint is unlikely to be less than the distance to public receptors, unless the
process is very remote. In some cases, however, toxic gases in processes in enclosed
areas may be eligible for Program 1.
REFRIGERATED Toxic GASES
If you have a process containing anhydrous ammonia liquefied by refrigeration
alone, and your worst-case release would take place into a diked area, the chances
are good that the process may be eligible for Program 1, unless there are public
receptors very close to the process. Even if you have many times the threshold
quantity of ammonia, the process may still be eligible for Program 1.
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Chapter 2
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2-10
If you have a process containing ethylene oxide, anhydrous hydrogen fluoride, or
methyl chloride liquefied by refrigeration alone, and the release would take place
into a diked area, the process may be eligible for Program 1, depending on the size of
the diked area, the quantity of the regulated substance, and the location of public
receptors.
QS&AS
ACCIDENT HISTORY
Q. What is the relationship between the accident history criteria for Program 1 and the five-year
accident history? If my process is eligible for Program 1, do I still need to do a five-year accident
history?
A. The five-year accident history is an information collection requirement that is designed to
provide data on all serious accidents from a covered process involving a regulated substance held
above the threshold quantity.
In contrast, the Program 1 accident history criteria focus on whether the process in question has
the potential to experience a release of the regulated substance that results in harm to the public
based on past events. Onsite effects, shelterings-in-place, and evacuations that have occurred must
be reported in the five-year accident history, but they are not considered in determining Program 1
eligibility. Therefore, it is possible for process to be eligible for Program 1 and still have
experienced a release that must be reported in the accident history for the source.
Q. A process with more than a threshold quantity of a regulated substance had an accident with
offsite consequences three years ago. After the accident, we altered the process to reduce the
quantity stored on site. Now the worst-case release scenario indicates that there are no public
receptors within the distance to an endpoint. Can this process qualify for Program 1 ?
A. No, the process cannot qualify for Program 1 until five years have passed since any accident
with consequences that disqualify a process for Program 1.
Q. A process involving a regulated substance had an accidental release with offsite consequences
two years ago. The process has been shut down. Do I have to report anyway?
A. No. The release does not have to be included in your accident history. Your risk management
plan only needs to address operating processes that have more than a threshold quantity of a
regulated substance.
The worst-case analysis for a process containing chlorine liquefied by refrigeration is
unlikely to show eligibility for Program 1, unless your site is extremely remote from
the public or the release would occur within an enclosure.
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Chapter 2
Applicability of Program Levels
Toxic LIQUIDS
The distance to an endpoint for a worst-case release involving toxic liquids kept
under ambient conditions may be smaller than the distance to public receptors in a
number of cases. If public receptors are not found very close to the process (within
J/2 mile), the process may be eligible for Program 1. However, small-sized facilities
are highly unlikely to meet to be eligible for Program 1 if they are in a developed
area. Remotely located facilities or processes found near the center of large
(acreage) sites are more likely to be eligible.
i
Substances that are potential candidates to be in processes that are eligible for
Program 1 are noted below. Generally, processes that contain toxic liquids at
elevated temperatures, including the toxic liquids listed below, would be less likely
to be eligible for Program 1 than those at ambient temperature, and processes in
diked areas are more likely to be eligible for Program 1 than those in undiked areas.
For processes containing toluene diisocyanate (including toluene 2,4-diisocyanate,
toluene 2,6-diisocyanate, and unspecified isomers) or ethylene diamine, the worst-
case analysis of a spill of more than a threshold quantity into an undiked area under
ambient conditions is likely to demonstrate eligibility for Program 1. If the area of
the spill is diked, even processes containing very large quantities of these substances
may be eligible for Program 1. In addition, processes containing the following toxic
liquids under ambient conditions are likely to be eligible for Program 1 if a spill
would take place in a diked area and public receptors are not close to the process:
4- Chloroform
4- Cyclohexylamine
4- Hydrazine
4- Isobutyronitrile
4- Isopropyl chloroformate
4 Oleum
4 Propylene oxide
4 Titanium tetrachloride
4 Vinyl acetate monomer
WATER SOLUTIONS OF TOXIC SUBSTANCES
The list of regulated substances includes several common water solutions of toxic
substances. Processes containing such solutions at ambient temperatures may be
eligible for Program 1 (depending in some cases on the concentration of the
solution), if spills would be contained in diked areas and public receptors are not
located close to the process (within Vz mile). As noted above, small-sized facilities
in developed areas are highly unlikely to be eligible for Program 1; remotely located
facilities or processes found near the center of large (acreage) sites are more likely to
be eligible.
Processes containing the following water solutions under ambient conditions may be
eligible for Program 1, assuming diked areas that would contain the spill:
July 1998
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Chapter 2
Applicability of Program Levels
2-12
+ Ammonia in solution
+ Formaldehyde (commercial concentrations)
+ Hydrofluoric acid (concentration 50 to 70 percent)
;,;;:+ Nitric acid (commercial concentrations)
, 'i i;i:::! ' i ii I
FLAMMABLE SUBSTANCES
Many processes containing regulated flammable substances are likely to be eligible
for Program 1, unless there are public receptors within a very short distance. If you
have a process containing up to about 20,000 pounds (twice the threshold quantity)
of a regulated flammable substance (other than hydrogen), your process is likely to
be eligible for Program 1 if you have no public receptors within about 400 yards
(1,200 feet) of the process. If you have up to 100,000 pounds in a process (ten tunes
the threshold quantity), the process may be eligible for Program 1 if there are no
public receptors within about 700 yards (2,000 feet). In general, it would be
worthwhile to conduct a worst-case analysis for any processes containing only
flammables to determine Program 1 eligibility, unless you have public receptors very
close to the process. Consequently, you may have to conduct more worst-case
analyses if you want to qualify processes for Program 1; for Program 2 and 3
processes, you need analyze only one worst-case release scenario to cover all
flammables. For Program 1, you must be able to demonstrate, through your
worst-case analysis, that every process you claim is Program 1 meets the criteria.
• " - :" ' ': "' ••< i '.N "• ; v
2.4 PROGRAMS
Any covered process that is not eligible for Program 1 and meets one of the two
criteria specified below is subject to Program 3 requirements, which include risk
management measures and requirements virtually identical to the OSHA PSM
;: , Standard.
•i :' '- , ' .',,.' '• •• .• i I
WHAT ARE THE ELIGIBILITY CRITERIA FOR PROGRAM 3?
Your process is subject to Program 3 if:
+ Your process does not meet the eligibility requirements for Program 1, and
4- Either
(a) Your process is subject to OSHA PSM (federal or state); or
: • :; ' • • , , ; ,j
(b) Your process is in one often NAICS codes specified in part 68.
- • ' ' • • i •;
WHAT is THE OSHA PSM STANDARD?
The OSHA Process Safety Management standard (codified at 29 CFR 1910.119) is a
set of procedures in thirteen management areas designed to protect worker health and
safety in case of accidental releases. Similar to EPA's rule, OSHA PSM applies to a
range of facilities that have more than a threshold quantity of a listed substance in a
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Chapter 2
Applicability of Program Levels
process. All processes subject to this rule and the OSHA PSM standard (federal or
state) and not eligible for Program 1 are assigned to Program 3 because the Program
3 prevention program is virtually identical to the elements of the PSM standard. If
you are already complying with OSHA PSM for a process, you probably will need to
take few, if any, additional steps and develop little, if any, additional documentation
to meet the requirements of the Program 3 prevention elements (see Chapter 7 for a
discussion of differences between Program 3 prevention and OSHA PSM). EPA
placed all covered OSHA PSM processes in Program 3 to eliminate the possibility of
imposing overlapping, inconsistent requirements on the same process.
WHAT ARE THE TEN NAICS CODES? (§ 68.10)
Program 3 requirements are applicable to a covered process if the process is in one
of ten manufacturing NAICS codes: 32211, 32411, 32511, 325181, 325188, 325192,
32519, 325211, 325311, and 32532. These NAICS codes were selected based on an
analysis of accidental release data and represent activities for which a relatively high
proportion of sources reported releases. The following are the NAICS codes and the
associated activity:
NAICS Code Industry
32211 Pulp mills
32411 Petroleum refineries
32511 Petrochemical manufacturers*
325181 Alkalies and chlorine
325188 Industrial inorganic chemicals (not elsewhere classified)*
325192 Other cyclic crudes and intermediates*
325199 Industrial organic chemicals (not elsewhere classified)*
325211 Plastics materials and resins
325311 Nitrogenous fertilizers
32532 Agricultural chemicals (not elsewhere classified)
The U.S. government, in cooperation with the Canadian and Mexican governments,
adopted the North American Industry Classification System (NAICS) to replace the
Standard Industrial Classification (SIC) codes. On January 6, 1999, EPA published
changes to part 68 to replace all references to SIC codes with references to NAICS
codes and to update the industry sectors subject to Program 3. Because the four
NAICS codes marked with an asterisk above are either subdivisions or combinations
of single SIC codes, you may want to check the NAICS Code manual or the NAICS
code web page (www.census.gov/epcd/www/naics.html) to identify whether your
processes are still included in these codes. Appendix B provides a list of NAICS
codes for industries that may be subject to part 68.
How Do I DEFINE A NAICS CODE FOR A PROCESS?
Unless you have only one process, you probably have not previously needed to
assign a NAICS code to each of your processes. If your covered process includes
several industrial activities, you will need to determine the NAICS code that most
closely corresponds to the process for assigning Program level based on the primary
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Chapter 2 i i
Applicability of Program Levels
2-14
n I,! activity of the process. If the process covers multiple industrial activities, you may
: list several NAICS codes for the process on the registration part of the RMP. Even if
: ' a process is considered a support activity for your main production (e.g., your
, | iii. warehouse or wastewater treatment system), you must assign it a separate,
" appropriate code (e.g., 56221 for waste treatment) to determine if it is subject to
Program 3.
This assignment does not affect your ability to consider such support processes as
part of the same industrial group for purposes of defining your stationary source; the
two decisions are separate.
NAICS CODES FORA PROCESS vs. PRIMARY FACILITY NAICS CODE
For purposes of determining program levels, you must identify the most applicable
NAICS code for each individual process. Unless you have only one process, there
may not be a relationship between the covered process NAICS code(s) and your
facility's primary NAICS code. Your primary NAICS code may be similar to the
NAICS codes that you determine for several if not all of your processes, but the
primary NAICS code should not be used as a default value or to identify a NAICS
code for a single process. The primary NAICS code is assigned based on the activity
that contributes the largest percentage of your revenue and is the code you use when
you complete Census forms.
2.5 PROGRAM 2
Program 2 is considered a default program level because any covered process that is
not eligible for Program 1 or assigned to Program 3 is, by default, subject to Program
2 requirements, including a streamlined accident prevention program. One or more
processes at your facility are likely to be in Program 2 if:
+ You are a retailer and do not perform any chemical processing activities,
such as an agricultural retailer.
' ,, ! , ,;- - - . i
4- You are a publicly owned facility in a state that does not have a delegated
OSHA program.
You use regulated acids in solution in activities that
the ten NAICS codes specified for Program 3.
+ You store regulated liquid flammable substances in atmospheric storage
• ,,:,.' tanks for use as a feedstock or for sale to retailers.
WHAT ARE THE ELIGIBILITY CRITERIA FOR PROGRAM 2?
' Your process is subject to Program 2 if:
4- Your process does not meet the eligibility requirements for Program 1;
Aprill7,2000
do not fall into one of
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2-15
Chapter 2
Applicability of Program Levels
+ Your process is not subject to OSHA PSM (federal or state); and
+ Your process is not categorized in NAICS codes 32211, 32411, 32511,
325181, 325188,325192, 32519, 325211, 325311, and 32532.
When determining what program level is appropriate for your covered process, keep
in mind that if it does not meet the Program 1 criteria, if it is not covered by OSHA
PSM, and it is not classified in the NAICS codes listed above, the process
automatically is subject to Program 2 requirements.
Exhibit 2-2 provides a summary of the criteria for determining Program level.
Qs & AS
OSHA
Q. If my state administers the OSHA program under a delegation from the federal OSHA, does that
mean that my processes that are subject to OSHA PSM under the state rules are in Program 3?
A. Yes, as long as the process does not qualify for Program 1. Any process subject to PSM, under
federal or state rules, is considered to be in Program 3 unless it qualifies for Program 1.
Q. I am a publicly owned facility in a state with a delegated OSHA program. Why are my processes
considered to be in Program 3 when the same processes in a state where federal OSHA runs the
program are in Program 2?
A. Federal OSHA cannot impose its rules on state or local governments, but when OSHA delegates
its program to a state for implementation, the state imposes the rules on itself and local governments.
Because these governments arc complying with the identical OSHA PSM rules imposed by federal
OSHA, they are subject to Program 3. In meeting their obligations under state OSHA rules, they are
already substantially in compliance with the Program 3 prevention program requirements. State and
- iovcrnments in non-statc-plan states are not subject to any OSHA rules and must comply with
2.6 DEALING WITH PROGRAM LEVELS
WHAT IF I HAVE MULTIPLE PROGRAM LEVELS?
If you have more than one covered process, you may be dealing with multiple
program levels in your risk management program.
If your facility has processes subject to different program levels, you will need to
comply with different program requirements for different processes. Nevertheless,
you must submit a single RMP for all covered processes.
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Applicability of Program Levels
2-16
If you prefer, you may choose to adopt the most stringent applicable program level
requirements for all covered processes. For example, if you have three covered
processes, one eligible for Program 1 and two subject to Program 3, you may find it
administratively easier to follow the Program 3 requirements for all three covered
processes. Remember, though, that this is only an option; we expect that most
sources will comply with the set of program level requirements for which each
process is eligible.
EXHIBIT 2-2
PROGRAM LEVEL CRITERIA
Program 1
No accidents in the previous five
years that resulted in any offsite:
Death
Injury
Response or restoration
activities at an
environmental receptor
AND
No public receptors in worst-case
circle.
AND
Emergency response coordinated
with local responders.
Program 2
The process is not eligible for
Program 1 or subject to Program 3.
Program 3
Process is not eligible for Program 1.
AND
Process is subject to OSHA PSM.
OR
Process is classified in NAICS code:
32211 Pulp mills
3241 1 Petroleum refineries
325 1 1 Petrochemical manufacturers*
325181 Alkalies and chlorine
325188 Industrial inorganic
chemicals (not elsewhere classified)*
325192 Other cyclic crudes and
intermediates*
325199 Industrial organic chemicals
(not elsewhere classified)*
32521 1 Plastics materials and resins
32531 1 Nitrogenous fertilizers
32532 Agricultural chemicals (not
elsewhere classified)
CAN THE PROGRAM LEVEL FOR A PROCESS CHANGE?
, . , ,. i
: A change in a covered process or in the surrounding community can result hi a
";; change in the Program level of the process. If this occurs, you must submit an
updated RMP within six months of the change that altered the program level for the
covered process. If the process no longer qiialifies as a covered process (e.g., as a
result of a change in the quantity of the regulated substance hi the process), then you
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2-17
Chapter 2
Applicability of Program Levels
will need to "deregister" the process (see Chapter 9 for more information). Typical
examples of switching program levels include:
MOVING UP
From Program 1 to Program 2 or 3. You have a covered process subject to
Program 1 requirements. A new residential development results in public receptors
being located within the distance to the endpoint for a worst-case release for that
process. The process is, thus, no longer eligible for Program 1 and must be
evaluated to determine whether Program 2 or Program 3 applies. You must submit a
revised RMP within six months of the program level change, indicating and
documenting that your process is now in compliance with the new program level
requirements.
From Not Covered to Program 1, 2 or 3. You have a process that was not
originally covered by part 68, but, due to an expansion in production, the process
holds an amount of regulated substance that now exceeds the threshold quantity.
You must determine which Program level applies and come into compliance with the
rule by June 21, 1999, or by the time you exceed the threshold quantity, whichever is
later.
From Program 2 to Program 3. You have a process that involves a regulated
substance above the threshold that is not in one of the ten NAICS codes specified for
Program 3 and that had not been subject to OSHA PSM. However, due to one of the
following OSHA regulatory changes, the process is now subject to the OSHA PSM
standard:
4- An OSHA PSM exemption applicable to your process has been eliminated,
or
+ The regulated substance has been added to OSHA's list of highly hazardous
substances.
As a result, the process becomes subject to Program 3 requirements and you must
submit a revised RMP to EPA within six months, indicating and documenting that
your process is now in compliance with the Program 3 requirements.
SWITCHING DOWN
From Program 2 or 3 to Program 1. At the time you submit your RMP, you have
a covered process subject to Program 2/3 requirements because it experienced an
accidental release of a regulated substance with offsite impacts four years ago.
Subsequent process changes have made such an event unlikely (as demonstrated by
the worst-case release analysis). One year after you submit your RMP, the accident
will no longer be included in the five-year accident report for the process, so the
process is eligible for Program 1. If you elect to qualify the process for Program 1,
you must submit a revised RMP within six months of the program level change,
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I 1 1 ' «'! I "l liiii
Chapter!
Applicability of Program Levels
2-18
i "' indicating and documenting that the process is now in compliance with the new
program level requirements.
From Program 2 or 3 to Not Covered. You have a covered process that has been
subject to Program 2 or 3 requirements, but due to a reduction in production, the
amount of a regulated substance it holds no longer exceeds the threshold. Therefore,
• the process is no longer a covered process. You must submit a revised RMP within
six months indicating that your process is no longer subject to any program level
requirements.
2.7 SUMMARY OF PROGRAM REQUIREMENTS
'"':: - "•! .. , ' • • , i j
Regardless of the program levels of your processes, you must complete a five-year
accident history for each process (see Chapter 3) and submit an RMP that covers all
processes (see Chapter 9). Depending on the Program level of each of your
processes, you must comply with the additional requirements described below.
1 Exhibit 2-3 diagrams the requirements in general and Exhibit 2-4 lists them in more
!: .:/" detail." "
PROGRAM 1
For each Program 1 process, you must conduct and document a worst-case release
analysis. You must coordinate your emergency response activities with local
responders and sign the Program 1 certification as part of your RMP submission.
PROGRAMS 2 AND 3
For all Program 2 and 3 processes, you must conduct and document at least one
worst-case release analysis to cover all toxics and one to cover all flammables. You
may need to conduct additional worst-case release analyses if worst-case releases
from different parts of your facility would affect different public receptors. You
must also conduct one alternative release scenario analysis for each toxic and one for
all flammables. Sec Chapter 4 or the RMP Offsite Consequence Analysis Guidance
for specific requirements. You must coordinate your emergency response activities
with local responders and, if you use your own employees to respond to releases, you
must develop and implement an emergency response program. See Chapter 8 for
more details.
j
For each Program 2 process, you must implement all of the elements of the Program
2 prevention program: safety information, hazard review, operating procedures,
training, maintenance, compliance audits, and incident investigations. See Chapter 6
for more details.
For each Program 3 process, you must implement all of the elements of the Program
3 prevention program: process safety information, process hazard analysis, standard
operating procedures, training, mechanical integrity, compliance audits, incident
investigations, management of change, pre-startup reviews, contractors, employee
participation, and hot work permits. See Chapter 7 for more details.
July 1998
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EXHIBIT 2-3
DEVELOP RISK MANAGEMENT PROGRAM AND RMP
Program Level 1
Process
Program Level 2
Process
Program Level 3
Process
Conduct and document
worst-case release
analysis
Conduct and document
worst-case release
analysis
Conduct and document
alternative release
analysis
Prepare Five-Year
Accident History
Prepare Five-Year
Accident History
Implement
Management System
Implement Program
Level 2 Prevention
Program
Implement Program
Level 3 Prevention
Program
Implement Emergency
Response Program
(if applicable)
Coordinate with Local Responders
Prepare and Submit One Risk Management Plan for all Covered Processes
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Chapter 2
Applicability of Program Levels
2-20
EXfflBIT 2-4
COMPARISON OF PROGRAM REQUIREMENTS
Program 1
Worst-case release analysis
5-year accident history
Program 2
Worst-case release analysis
Alternative release analysis
5-year accident history
Document management system
Program 3
Worst-case release analysis
Alternative release analysis
5-year accident history
Document management system
Prevention Program
Certify no additional prevention
steps needed
Safety Information
Hazard Review
Operating Procedures
Training
Maintenance
Incident Investigation
Compliance Audit
Process Safety Information
Process Hazard Analysis.
Operating Procedures
Training
Mechanical Integrity
Incident Investigation
Compliance Audit
Management of Change
Pre-Startup Review
Contractors
Employee Participation
Hot Work Permits
Emergency Response Program
Coordinate with local
responders
Develop plan and program (if
applicable) and coordinate with
local responders
Develop plan and program (if
applicable) and coordinate with
local responders
Submit One Risk Management Plan for All Covered Processes
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Chapter 2
Applicability of Program Levels
2.8 EXAMPLE SOURCES
The six sources described in this section will be used in this document to highlight
important stages in developing a risk management program.
Source A
An agricultural retailer has a 200-ton tank of ammonia and an 18,000-gallon propane tank.
The retailer unloads both ammonia and propane from these bulk tanks into smaller tanks that are then
transported to farms. The facility is not fenced. The facility is within 0.15 mile of residences and the
business center of the small town.
The facility has one covered process: the 200-ton tank of ammonia. Because propane is a
flammable fuel and the facility is a retailer, the propane is not subject to part 68. A worst-case release
analysis finds that the worst-case release will potentially impact the residences and the business
center of town. The facility is not subject to OSHA PSM, nor is the ammonia storage categorized in
one of the ten listed NAICS codes for program 3. As a result, the process is subject to Program 2.
Source B
A metal products manufacturer stores hydrochloric acid (37 percent solution) and uses it in its
plating process, which is connected to a storage tank that holds 50,000 pounds of the solution.
Hydrochloric acid is delivered in tank trucks and unloaded into the storage tank. The manufacturer
also operates a wastewater treatment plant that uses chlorine, supplied from five, interconnected one-
ton tanks, which are stored in a rack. The facility is in an industrial area and borders directly on
another industrial facility, whose workers park in the area close to the fence line. In addition, a river
borders one side of the facility.
The facility has two covered processes: the 50,000-pound tank of hydrochloric acid at 37
percent (Process A) and the process involving five interconnected one-ton tanks of chlorine in the
wastewater treatment plant (Process B). A worst-case release analysis finds that the worst-case
releases from both processes will potentially impact the bordering industrial facility and its workers.
Process B is subject to the OSHA PSM standard, but Process A is not. Process A is also not
categorized in one of the ten NAICS codes for Program 3. Therefore, Process B is subject to Program
3 and Process A is subject to Program 2.
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Chapter 2
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2-22
ISil! "
Source C
An inorganic chemical manufacturer uses hydrofluoric acid in solution to manufacture
fluoroboric acid at a site that is approximately 500 yards square. It also has a water treatment plant
using chlorine. The manufacturer stores 10 tons of 70 percent HF solution, which is piped to the
reactor vessels. The wastewater treatment plant stores an average often one-ton tanks of chlorine on
a rack. The plant is in an industrial area. The HF storage tank is 150 yards from the property
boundary. The nearest neighboring building or workers are 300 yards away.
The facility has two covered processes: the process involving the 10-ton tank of hydrofluoric
acid at 70 percent (Process A) and process involving the ten one-ton tanks of chlorine in the
wastewater treatment plant (Process B). A worst-case release analysis finds that the worst-case
releases from both processes will potentially impact the neighboring buildings and workers. Process
B is subject to the OSHA PSM standard, but Process A is not. Process A activities are categorized in
NAICS code 325188. Therefore, both processes are subject to Program 3.
Source D
A large chemical manufacturer operates a site that is approximately a half mile wide and two
miles long, with a major river on one long side and a four-lane road on the other. There are industrial
facilities on the other side of the road and river (a half-mile wide); neighboring facilities' fence lines
abut the company's property boundary. The company maintains a 300-yard buffer zone on each
narrow end of the facility and 50-yard buffer between its processes and the road and river. The
company manufactures a variety of chemicals, including chloroform, chorine, epichlorohydrin,
ethylene, HC1, hydrogen cyanide, TDI, methyl chloride, phosgene, and propylene, all of which are
present above threshold quantities in process vessels and storage tanks. The TDI process and storage
tanks are located at the center of the facility. The ethylene and propylene tanks are located 500
yards from the river bank. A propane tank, used as a backup fuel source, is located just inside the
buffer zone, 50 yards from the highway and 100-yards from the entrance of a facility across the
highway.
Although the facility has a number of separate production and storage units, several of the
units with regulated toxic substances are considered to be co-located and, therefore, are one process.
The propylene and ethylene tanks are far enough apart to be considered separate processes. A worst-
case release analysis determines that both of these tanks have no public receptors within the distances
to their endpoint. The TDI process is not co-located or interconnected to any other covered process.
A worst-case release analysis determines that the TDI process's worst-case release would reach its
endpoint within the fenceline. None of these three processes has experienced a release of a regulated
substance during the past five years that resulted in any offsite consequences. Each of these is,
therefore, eligible for Program 1. Because the propane tank is used as a backup fuel for buildings on
site, but not for any covered processes, it is not subject to OSHA PSM or part 68. The other
processes are subject to Program 3 because at least one of the production or storage units in each
process is subject to OSHA PSM.
April 17,2000
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CHAPTER 3: FIVE-YEAR ACCIDENT HISTORY
The five-year accident history involves an examination of the effects of any
accidental releases of one or more of the regulated substances from a covered
process in the five years prior to the submission of a Risk Management Plan (RMP).
A five-year accident history must be completed for each covered process, including
the processes in Program 1, and all accidental releases meeting specified criteria
must be reported in the RMP for the process.
Note that a Program 1 process may have had an accidental release that must be
included in the five-year accident history, even though the release does not disqualify
the process from Program 1. The accident history criteria that make a process
ineligible for Program 1 (certain offsite impacts) do not include other types of effects
that require inclusion of a release in the five-year accident history (on-site impacts
and more inclusive offsite impacts). For example, an accidental release may have
led to worker injuries, but no other effects. This release would not bar the process
from Program 1 (because the injuries were not offsite), but would need to be
reported in the five-year accident history. Similarly, a release may have resulted in
damage to foliage offsite (environmental damage), triggering reporting, but because
the foliage was not part of an environmental receptor (e.g., national park or forest) it
would not make the process ineligible for Program 1.
3.1 WHAT ACCIDENTS MUST BE REPORTED?
The five-year accident history covers only certain releases:
+ The release must be from a covered process and involve a regulated
substance held above its threshold quantity in the process.
4- The release must have caused at least one of the following:
> On-site deaths, injuries, or significant property damage (§68.42(a));
or
> Known offsite deaths, injuries, property damage, environmental
damage, evacuations, or sheltering in place (§68.42(a)).
If you have had a release of a regulated substance from a process where the regulated
substance is held below its threshold quantity, you do not need to report that release
even if the release caused one of the listed impacts or if the process is covered for
some other substance. You may choose to report the release in the five-year accident
history, but you are not required to do so.
3.2 WHAT DATA MUST BE PROVIDED?
The following information should be included in your accident history for every
reported release. The descriptions below correspond to the RMP*Submit system
being developed and to data element instructions for the system:
January 22, 1999
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Chapters
Five-Ygar. Accident History
3-2
January 22,1999
:; ;| Date. Indicate the date on which the accidental release began.
,r!'! 'y, '" , •""' • '. '.. :' '. , v,f ' i;!
.''» Time. Indicate the time the release began.
;-|! Release duration. Indicate the approximate length of time of the release in
minutes.
: ul Chemical(s). Indicate the regulated substance(s) released. Use the name of the
„ substance as listed hi § 68.130 rather than a synonym (e.g., propane rather than
LPG). If the release was of a flammable mixture, list the primary regulated
substances in the mixture if feasible; if the contents of the mixture are uncertain, list
it as a flammable mixture. If non-regulated substances were also released and
contributed to the impacts, you may want to list them as well, but you are not
required to do so.
Quantity released. Estimate the amount of each substance released in pounds. The
amount should be estimated to two significant digits, or as close to that as possible.
For example, if you estimate that the release was between 850 and 900 pounds,
provide a best guess. We realize that you may not know precise quantities. For
flammable mixtures, you may report the quantity of the mixture, rather than that of
the individual regulated substances.
Release event. Indicate which of the following release events best describes your
accident. Check all that apply:
+ Gas Release. A gas release is a release of the substance as a gas (rather than
vaporized from a liquid). If you hold a gas liquefied under refrigeration,
report the release as a liquid spill.
,'!« I,',,
Liquid Spill/ Evaporation. A liquid spill/evaporation is a release of the
substance in a liquid state with subsequent vaporization.
4- Fire. A fire is combustion producing light, flames, and heat.
4- Explosion. An explosion is a rapid chemical reaction with the production of
noise, heat, and violent expansion of gases.
„ |
Release source. Indicate all that apply.
4- Storage Vessel. A storage vessel is a container for storing or holding gas or
liquid. Storage vessels include transportation containers being used for
on-site storage.
4- Piping. Piping refers to a system of tubular structures or pipes used to carry
a fluid or gas.
Process Vessel. A process vessel is a container in which substances under
certain conditions (e.g., temperature, pressure) participate in a process (e.g.,
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3-3
Chapter 3
Five-Year Accident History
substances are manufactured, blended to form a mixture, reacted to convert
them into some other final product or form, or heated to purify).
•4- Transfer Hose. A transfer hose is a tubular structure used to connect, often
temporarily, two or more vessels.
4- Valve. A valve is a device used to regulate the flow in piping systems or
machinery. Relief valves and rupture disks open to release pressure in
vessels.
+ Pump. A pump is a device that raises, transfers, or compresses fluids or that
attenuates gases by suction or pressure or both.
+ Joint. The surface at which two or more mechanical components are united.
+ Other. Specify other source of the release.
Weather conditions at time of event (if known). This information is important to
those concerned with assessing and modeling the effects of accidents. Reliable
information from those involved in the incident or from an on-site weather station is
ideal. However, this rule does not require your facility to have a weather station. If
you do not have an ons'ite weather station, use information from your local weather
station, airport, or other source of meteorological data. Historical wind speed and
temperature data (but not stability data) can be obtained from the National Climatic
Data Center (NCDC) at (828) 271-4800; NCDC staff can also provide information
on the nearest weather station. To the extent possible, complete the following:
+ Wind Speed and Direction. Wind speed is an estimate of how fast the wind
is traveling. Indicate the speed in miles per hour. Wind direction is the
direction from which the wind comes. For example, a wind that blows from
east to west would be described as having an eastern wind direction. You
may describe wind direction as a standard compass reading such as
"Northeast" or "South-southwest."
You may also describe wind direction in degrees—with North as zero degrees
and East as 90 degrees. Thus, northeast would represent 45 degrees and
south-southwest would represent 202.5 degrees. Abbreviations for the wind
direction such as NE (for northeast) and SSW (for south-southwest) are also
acceptable.
4- Temperature. The ambient temperature at the scene of the accident in
degrees Fahrenheit. If you did not keep a record, you can use the high (for
daytime releases) or low (for nighttime releases) for the day of the release.
Local papers publish these data.
Stability Class. Depending on the amount of incoming solar radiation as
well as other factors, the atmosphere may be more or less turbulent at any
given time. Meteorologists have defined six atmospheric stability classes,
January 22, 1999
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Chapter 3
Five-Year Accident History
3-4
each representing a different degree of turbulence in the atmosphere. When
moderate to strong incoming solar radiation heats air near the ground,
causing it to rise and generating large eddies, the atmosphere is considered
unstable, or relatively turbulent. Unstable conditions are associated with
stability classes A and B. When solar radiation is relatively weak, air near
the surface has less of a tendency to rise and less turbulence develops. In
this case, the atmosphere is considered stable or less turbulent with weak
winds. The stability class is E or F. Stability classes D and C represent
conditions of neutral stability or moderate turbulence respectively. Neutral
conditions are associated with relatively strong wind speeds and moderate
solar radiation. The neutral category D should be used, regardless of wind
i ' !' • i ' J' 'i1' , i"T ' ' ,,, TTT , , ,"I,, | M, i f I «, i'i, i, . ,
speed, for overcast conditions day or night, and for any conditions during the
hour preceding or following the night (one hour before sunset to one hour
after dawn). Exhibit 3-1 presents the stability classes associated with wind
speeds, time of day, and cloud cover.
Precipitation Present. Precipitation may take the form pf hail, mist, rain,
sleet, or snow. Indicate "yes" or "no" based on whether there was any
precipitation at the time of the accident.
1 ; ' '• • ! r ' : '•'• • •
Unknown. If you have no record for some or all of the weather data, indicate
"unknown" for any missing item. We realize that you may not have weather
data for accidents that occurred in the past. You should, however, collect
these data for any future accidents.
On-site impacts. Complete the following about on-site effects.
": > -, ' , . . I.,./ " i , '/,;>, .'' ,-,;«!.I i ,: •, , •. , !
+ Deaths. Indicate the number of on-site deaths that are attributed to the
accident or mitigation activities. On-site deaths means the number of
employees, contract employees, offsite responders, or others (e.g., visitors)
who were killed by direct exposure to toxic concentrations, radiant heat, or
overpressures from accidental releases or from indirect consequences of a
vapor cloud explosion from an accidental release (e.g., flying glass, debris,
other projectiles). You should list employee/contractor, offsite responder,
and other on-site deaths separately.
+ Injuries. An injury is any effect that results either from direct exposure to
toxic concentrations, radiant heat, or overpressures from accidental releases
or from indirect consequences of a vapor cloud explosion (e.g., flying glass,
debris, other projectiles) from an accidental release and that requires medical
treatment or hospitalization. You should list injuries to employees and
contractors, offsite responders, and others separately.
January 22,1999
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3-5
Chapter 3
Five-Year Accident History
EXHIBIT 3-1
ATMOSPHERIC STABILITY CLASSES
, SURFACE WIND SPEED
AT 10 METERS ABOVE
GROUND ,
Meters per
second
<2
2-3
3-5
5-6
>6
Miles per
hour
<4.5
4.5-7
7-11
11-13
>13
DAY
Incoming Solar Radiation
Strong*
A
A-B
B
C
C
Moderate
A-B
B
B-C
C-D
D
Slight**
B
C
C
D
D
'NIGHT*
Thinly
Overcast
or > 4/8
low cloud
E
D
D
D
^3/8
Cloud
F
E
D
D
f Night refers to one hour before sunset to one hour after dawn.
* Sun high in the sky with no clouds.
** Sun low in the sky with no clouds.
Medical treatment means treatment, other than first aid, administered by a
physician or registered professional personnel under standing orders from a
physician.
Your OSHA occupational injury and illness log (200 Log) will help
complete these items for employees.
+ Property Damage. Estimate the value of the equipment or business
structures (for your business alone) that were damaged by the accident or
mitigation activities. Record the value in American dollars. Insurance
claims may provide this information. Do not include any losses that you
may have incurred as a result of business interruption.
Known offsite impacts. These are impacts that you know or could reasonably be
expected to know of (e.g., from media reports or from reports to your facility) that
occurred as a result of the accidental release. You are not required to conduct an
additional investigation to determine offsite impacts.
January 22, 1999
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Chapters
five-Year Accident History
3-6
Q&A
PROPERTY DAMAGE
Q. What level of offsite property damage triggers reporting?
A. Any level of known offsite property damage triggers inclusion of the accident in the five-year
accident history. You are not required to conduct a survey to determine if such damage occurred, but
if you know, or could reasonably be expected to know (e.g., because of reporting in the newspapers),
that damage occurred, you must include the accident.
Deaths. Indicate the number of offsite deaths that are attributable to the
accident or mitigation activities. Offsite deaths means the number of people
offsite who were killed by direct exposure to toxic concentrations, radiant
heat, or overpressures from accidental releases or from indirect
consequences of a vapor cloud explosion from an accidental release (e.g.,
flying glass, debris, other projectiles).
Injuries. Indicate the number of injuries among people offsite. Injury means
any effect that results either from direct exposure to toxic concentrations,
radiant heat, or overpressures from accidental releases or from indirect
consequences of a vapor cloud explosion from an accidental release (e.g.,
flying glass, debris, other projectiles) and that requires medical treatment or
hospitalization.
Evacuated. Estimate the number of people offsite who were evacuated to
reduce exposure that might have resulted from the accident. A total count of
the number of people evacuated is preferable to the number of houses
evacuated. People who were ordered to move simply to improve access to
the site for emergency vehicles are not considered to have been evacuated.
. , ;. • • • • ;• ,.:: |. • . . •-• .:
Sheltered. Estimate the number of people offsite who were
sheltered-in-place during the accident. Sheltering-in-place occurs when
community members are ordered to remain inside their residence or place of
work until the emergency is over to reduce exposure to the effects of the
accidental release. Usually these orders are communicated by an emergency
broadcast or similar method of mass notification by response agencies.
, |
Environmental Damage. Indicate whether any environmental damage
occurred and specify the type. The damage to be reported is not limited to
environmental receptors listed in the rule. Any damage to the environment
(e.g., dead or injured animals, defoliation, water contamination) should be
identified. You are not, however, required to conduct surveys to determine
whether such impact occurred. Types of environmental damage include:
il ,„ .1, .- i
i i J.
> Fish or animal kills.
January 22,1999
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Chapter 3
Five-Year Accident History
> Lawn, shrub, or crop damage minor defoliation.
> Lawn, shrub, or crop damage major defoliation.
> Water contamination.
> Other (specify).
Initiating event. Indicate the initiating event that was the immediate cause of the
accident, if known. If you conducted an investigation of the release, you should have
identified the initiating event.
4- Equipment Failure. A device or piece of equipment failed or did not
function as designed. For example, the vessel wall corroded or cracked.
4- Human Error. An operator performed a task improperly, either by failing to
take the necessary steps or by taking the wrong steps.
4- Weather Conditions. Weather conditions, such as lightning, hail, ice storms,
tornados, hurricanes, floods, earthquakes, or high winds, caused the
accident.
4- Unknown.
Contributing factors. These are factors that contributed to the accident, but were
not the initiating event. If you conducted an investigation of the release, you may
have identified factors that led to the initiating event or contributed to the severity of
the release. Indicate all that apply.
4- Equipment Failure. A device or piece of equipment failed to function as
designed, thereby allowing a substance leading to or worsening the
accidental release.
4- Human error. An operator performed an operation improperly or made a
mistake lead to or worsened the accident.
4- Improper Procedures. The procedure did not reflect the proper method of
operation, the procedure omitted steps that affected the accident, or the
procedure was written in a manner that allowed for misinterpretation of the
instructions.
4- Overpressurization. The process was operated at pressures exceeding the
design working pressure.
4- Upset Condition. Incorrect process conditions (e.g., increased temperature
or pressure) contributed to the release.
January 22, 1999
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Chapter 3
Five-Year Accident History
3-8
+ By-pass Condition. A failure occurred in a pipe, channel, or valve that
diverts fluid flow from the main pathway when design process or storage
..', „ conditions are exceeded (e.g., overpressure). By-pass conditions may be
designed to release the substance to restore acceptable process or storage
conditions and prevent more severe consequences (e.g., explosion).
1 -4- Maintenance Activity/ Inactivity. A failure occurred because of maintenance
activity or inactivity. For example, the storage racks remained unpainted for
so long that corrosion caused the metal to fail.
i|
;; 4- Process Design. A failure resulted from an inherent flaw in the design of the
process (e.g., pressure needed to make product exceeds the design pressure
of the vessel).
4- Unsuitable Equipment. The equipment used was incorrect for the process.
For example, the forklift was too large for the corridors.
4- Unusual Weather Conditions. Weather conditions, such as lightning, hail,
ice storms, tornados, hurricanes, floods, earthquakes, or high winds
contributed to the accident.
4- Management Error. A failure occurred because management did not
exercise its managerial control to prevent the accident from occurring. This
is usually used to describe faulty procedures, inadequate training, inadequate
oversight, or failure to follow existing administrative procedures.
i ,,, • , i ij i' . , »i
Whether offsite responders were notified. If known, indicate whether response
agencies (e.g., police, fire, medical services) were contacted.
M ii i .
Changes introduced as a result of the accident. Indicate any measures that you
have taken at the facility to prevent recurrence of the accident. Indicate all that
liJI"!l1 apply.
4- Improved Upgraded Equipment. A device or piece of equipment that did
•'•!• not function as designed was repaired or replaced.
' 4- Revised Maintenance. Maintenance procedures were clarified or changed to
ensure appropriate and timely maintenance including inspection and testing
(e.g., increasing the frequency of inspection or adding a testing method).
"',!'! ' . ' • » i " ' ' ' • •>''[ ''•' "'in ' : '""i'lll" "','•! i il , i , i. ' • , ' , ,n,i I
4- Revised Training. Training programs were clarified or changed to ensure
that employees and contract employees are aware of and are practicing
correct safety and administrative procedures.
I 4- Revised Operating Procedures. Operating procedures were clarified or
" changed to ensure that employees and contract employees are trained on
vi! appropriate operating procedures.
January 22,
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3-9
Chapter 3
Five-Year Accident History
4- New Process Controls. New process designs and controls were installed to
correct problems and prevent recurrence of an accidental release.
4- New Mitigation Systems. New mitigation systems were initiated to limit the
severity of accidental releases.
4 Revised Emergency Response Plan. The emergency response plan was
revised.
4 Changed Process. Process was altered to reduce the risk (e.g., process
chemistry was changed).
4- Reduced Inventory. Inventory was reduced at the facility to reduce the
potential release quantities and the magnitude of the hazard.
4- Other.
4 None. No changes initiated at facility as a result of the accident (e.g.,
because none were necessary or technically feasible). There may be some
accidents that could not have been prevented because they were caused by
events that are too rare to merit additional steps. For example, if a tornado
hit your facility and you are located in an area where tornados are very rare,
it may not be reasonable to design a "tornado proof process even if it is
technically feasible.
3.3 OTHER ACCIDENT REPORTING REQUIREMENTS
You should already have much of the data required for the five-year accident history
because of the reporting requirements under the Comprehensive Emergency
Response, Compensation, and Liability Act (CERCLA), EPCRA, and OSHA (e.g.,
log of occupational injuries and illnesses). This information should minimize the
effort necessary to complete the accident history.
At the same time, some of the information originally reported to response agencies
may have been inaccurate because it was reported during the release when a full
assessment was not possible. It is imperative that you include the most accurate,
up-to-date information possible in the five-year accident history. This information
may not always match the original estimates from the initial reporting of the
accident's effects.
CERCLA Section 103(V) requires you to immediately notify the National Response
Center if your facility releases a hazardous substance to the environment in greater
than a reportable quantity (see 40 CFR part 302). Toxic substances regulated under
part 68 are also CERCLA hazardous substances, but most of the flammable
substances regulated under part 68 are not subject to CERCLA reporting. Notice
required under CERCLA includes the following information:
4- The chemical name or identity of any substance involved in the release
January 22, 1999
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Chapter 3
Five-Year Accident History
3-10
An indication of whether the substance is on the list referred to in Section
An estimate of the quantity of substance that was released into the
environment
The time and duration of the release
The medium or media into which the release occurred.
Releases reported to the National Response Center are collected into a database, the
Emergency Response Notification System (ERNS). ERNS data are available on
EPA's web site: http://wwwlepa.gov.
EPCRA Section 304 requires facilities to report to the community emergency
coordinator of the appropriate local emergency planning committee (LEPC) and state
emergency response commission (SERC) releases of extremely hazardous substances
to the environment in excess of reportable quantities (as set forth in 40 CFRpart
302). All toxic substances regulated under part 68 are subject to EPCRA reporting;
flammables regulated under part 68 are generally not subject to EPCRA reporting.
The report required by EPCRA is to include:
+ Chemical name or identity of all substances involved in the accident
+ An estimate of the quantity of substances released to the environment
+ The time and duration of the release.
The owner or operator is also required to release a Follow-up Emergency Notice as
soon as possible after a release which requires notification. This notice should
update the previously released information and include additional information
regarding actions taken to respond to the release, any known or anticipated acute or
chronic health risks associated with the release, and where appropriate, advice
regarding medical attention necessary for exposed individuals.
.'J'1;,: ' „ i | , i . i i .... M ;' , "! , ,; 4 „ |; . . , ,
j QSHA's log of occupational injuries and illnesses. OSHA NO. 200, is used for
recording and classifying recordable occupational injuries and illnesses, and for
noting the extent and outcome of each case. The log shows when the occupational
injury or illness occurred, to whom, what the injured or ill person's regular job was at
the time of the injury or illness exposure, the department in which the person was
employed, the kind of injury or illness, how much time was lost, and whether the
case resulted in a fatality, etc. The following are the sections of the illness/ injury log
]; that are useful in completing the accident history.
„ :..•.. , , •; ; . . . "... • ; | • , • • ; ,
Descriptive section of the log:
+ Column B: date of work accident which resulted in injury
Januiuy22, 1999
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Chapter 3
3-11 Five-Year Accident History
4- Column C: name of injured person
4- Column F: description of nature of injury or illness
Injury portion of the log:
4- Column 1: date of death is entered if an occupational injury results in a
fatality
4- Column 6: an injury occurred, but did not result in lost workdays
Illness portion of the log:
4- Column 7: for occupational illnesses, an entry is placed in one of the
columns 7a-7g, depending upon which column is applicable.
PART 68 INCIDENT INVESTIGATION
An incident investigation is a requirement of the rule (§68.60 and 68.81). These
requirements are virtually identical to the requirements under OSHA PSM. For
accidents involving processes categorized in Program 2 or Program 3, you must
investigate each incident which resulted in, or could reasonably have resulted in, a
catastrophic release of a regulated substance. A report, which includes the following
information, should be prepared at the conclusion of the investigation:
4- Date of incident
4- Date investigation began
4- Description of the incident
4- Factors that contributed to the incident
4- Any recommendations resulting from the investigation.
Because the incident investigation report must be retained for five years, you will
have a record for completing the five-year accident history for updates of the RMP.
January 22, 1999
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Chapter 3
Five-Year Accident History
3-12
QS&AS
ACCIDENT HISTORY
Q. When does the five-year period to be reported in the accident history begin?
A. The five-year accident history must include all accidental releases from covered processes
meeting the specified criteria that occurred in five years preceding the date the RMP for the
processes was submitted. For example, if an RMP is submitted on June 1, 1999, the five-year
accident history must cover the period between June 1, 1994 and June 1, 1999.
Q. If a facility has recently changed ownership, is the new facility owner required to include
accidents which occurred prior to the transfer of ownership in the accident history portion of the
RMP submitted for the facility?
A. Yes, accidents involving covered processes that occurred prior to the transfer of ownership
should be included in the five-year accident history. You may want to explain mat the ownership has
changed in your Executive Summary.
Q. If I have a large on-site incident, but no offsite impact, would I have to report it in the five-year
accident history?
•i
A. It would depend on whether you have onsite deaths, injuries, or significant property damage.
You could have a large accident without any of these consequences (e.g., a large spill that was
contained); this type of release would not have to be included in 'the five-year accident history.
Q. I had a release where several people were treated at the hospital and released; they attributed their
symptoms to exposure. We do not believe that their symptoms were in fact the result of exposure to
the released substance. Do we have to report these as offsite impacts?
A. Yes, you should report them in your five-year accident history. You may want to use the
executive summary to state that you do not believe that the impacts can be legitimately attributed to
the release and explain why.
January 22,1999
iiiTi,!,;:11 Ay,,, lii,,!!'' sridij;: r i«iiiiiim Jimiiiim.n..iia?;,i.m r Millie •••••« in.ail :;«d 11 m:,»«in'.'. ;,^ ,11 :.nm, j, i,,,imi ji HIKTI n;
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CHAPTER 4: OFFSITE CONSEQUENCE ANALYSIS
RMP OFFSITE CONSEQUENCE ANALYSIS GUIDANCE
This chapter is intended for people who plan to do their own air dispersion modeling. EPA has
prepared a separate document, RMP Offsite Consequence Analysis Guidance, which provides simple
methods and reference tables for determining distance to an endpoint for worst-case and alternative
release scenarios. In conjunction with the National Oceanographic and Atmospheric Administration
(NOAA), EPA has developed a software program, RMP*Comp™, that performs calculations
described in the RMP Offsite Consequence Analysis Guidance. This software is available for free
from the EPA Internet website at http://www.epa.gov/swercepp/tools/rmp-comp/rmp-comp.html. In
addition, EPA published industry-guidance for several industries covered by part 68. In these
documents, EPA provides chemical-specific modeling for the covered industries. All the
information provided in this chapter is also included in EPA's RMP Offsite Consequence
Analysis Guidance and the industry-specific guidance documents available from EPA. If you
intend to use those guidances to carry out your offsite consequence analysis, you may skip this
chapter. If you plan to do your own modeling, this chapter will provide you with the information you
need to comply with the rule requirements; it does not provide methodologies.
4.1 INTRODUCTION
The offsite consequence analysis consists of two elements:
+ A worst-case release scenario analysis applicable to all covered processes,
regardless of program level, as follows:
> To determine whether a process is eligible for Program 1, you must
evaluate the worst-case scenarios for each toxic and flammable
substance held above the threshold in the process. The process is
eligible for Program 1 if there are no public receptors within the
distance to an endpoint for all of the worst-case scenarios analyzed
for the process (and the other Program 1 criteria are met— see
Chapter 2). For every Program 1 process, you must report on the
worst-case scenario with the greatest distance to an endpoint.
> If your site has Program 2 or Program 3 processes (processes that are
not eligible for Program 1 — see Chapter 2), you must analyze and
report on one worst-case analysis representing all toxic regulated
substances present above the threshold quantity and one worst-case
analysis representing all flammable regulated substances present
above the threshold quantity.
> You may need to submit an additional worst-case analysis if a
worst-case release from elsewhere at the source would potentially
affect public receptors different from those affected by the initial
worst-case scenario(s).
April 17,2000
-------
1111! I1!!111'1/"1!1!11!!!'1:
•"i, !»»• [in HI MIT ',
'• I •|L "' • '
Chapter 4
Offsite Consequence Analysis
4-2
An alternative release scenario analysis, applicable to all Program 2 and
Program 3 processes, as follows:
iv . ' '. ' if , ' '-'I!' .'" ' i'v ',i ill in J,; i,1 ;
> Alternative release scenarios should be thos(e that may result in
concentrations, overpressures, or radiant heat levels that reach the
end/points specified for these effects beyond the fenceline of your
facility.
, > You must present information on one alternative release scenario
analysis for each regulated toxic substance held above the threshold
^ , quantity, including the substance considered m the worst-case
analysis.
> You must present information on one alternative release scenario
analysis to represent all flammable substances held above the
threshold quantity.
If the distance to the endpoint for your worst-case release just reaches your
fenceline, you may not have an alternative release scenario with a distance to an
endpoint that goes beyond the fenceline. However, you still must report an
alternative release scenario. You may want to explain in the RMP Executive
Summary why the distance does not extend beyond the fenceline.
7' , V" " ''; , '.'... .. . '. " \
HOW SHOULD I CONDUCT THE ANALYSIS?
You may use EPA's RMP Offsite Consequence Analysis Guidance to carry out your
consequence analysis. Results obtained using the methods in EPA's Guidance are
expected to be conservative. Conservative assumptions have been introduced to
compensate for high levels of uncertainty. EPA's guidance is optional, and you are
free to use other air dispersion models, fire or explosion models, or computation
methods provided that:
+ They are publicly or commercially available or are proprietary models that
you are willing to share with the implementing agency;
:;'., ; + They are recognized by industry as applicable to current practices;
1 + They are appropriate for the chemicals and conditions being modeled;
»' + You use the applicable definitions of worst-case scenarios; and
+ You use the applicable parameters specified in the rule.
July 1998
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4-3
Chapter 4
Offsite Consequence Analysis
EXHIBIT 4-1
CONSIDERATIONS FOR CHOOSING A MODELING METHOD
Approach
Simple
guidance
Simple
computer
models
Complex
computer
models
Calculation
methods
Examples
EPA's Offsite
Consequence
Analysis
Guidance
EPA models,
such as
RMP*Comp™
Commercially
available
models
"Yellow
Book"
(Netherlands
TNO) -
Advantages
4- Free
4 No computer requirements
4 Simple to use
4- Provides all data needed
4- Provides tables of distances
4- Ensures compliance with rule
4 No/low cost
4- May be simple to use
4- Can consider some site-
specific factors
4- May address a variety of
scenarios .
4- May consider many site-
specific factors
4- Low cost
4- No computer requirements
Disadvantages
1 4- Conservative results
4- Few site-specific factors
considered
4- Little flexibility in scenario
development
4- Some may not be simple to use
4- Likely to give conservative
results
4- May not accept all of EPA's
required assumptions
4- May not include chemical-
specific data
4 May not address all
consequences
4- May be costly
4 May require high level of
expertise
4 May require expertise to apply
methods
4- May require development of a
variety of data
Complex models that can account for many site-specific factors may give less
conservative estimates of offsite consequences than the simplified methods in EPA's
guidance, particularly for alternative scenarios, for which EPA has not specified
many assumptions. However, complex models may be expensive and require
considerable expertise to use; EPA's optional guidance is designed to be simple and
straightforward. You will need to consider the tradeoff in deciding how to carry out
your required consequence analyses. Exhibit 4-1 provides additional suggestions on
making this decision.
Whether you use EPA's guidance or another modeling method, you should bear in
mind that the results you obtain from modeling your worst-case or alternative
scenarios should not be considered to predict the likely results of an accidental
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4-4
release. The worst-case assumptions are very conservative, and, regardless of the
model used, you can expect very conservative results. Results from modeling
alternative scenarios will be less conservative; however, you still must use
conservative endpoints.
" In addition, results of an actual release will depend on many site-specific conditions
(e.g., wind speed and other weather conditions) and factors related to the release
(e.g., when and how the release occurs, how long it takes tp stop it). You should
make reasonable assumptions regarding such factors in developing your alternative
" scenarios, but the circumstances surrounduig an actual release may be different.
, , , Different models likely will provide different results, even with the same
;, assumptions, and most models have not been verified with experimental data;
therefore, results of even sophisticated modeling have a high degree of uncertainty
and should be viewed as providing a basis for discussion, rather than predictions.
Modeling results should be considered particularly uncertain over long distances
(i.e., 10 kilometers or more).
Exhibit 4-2 provides suggestions for assistance on modeling.
4.2 WORST-CASE RELEASE SCENARIOS
ft;
tit
EPA has defined a worst-case release as the release of the largest quantity of a
regulated substance that results in the greatest distance from the point of release to a
specified endpoint (§68.3). You must estimate the distance as follows:
- ."• .<'."•: — "': h- ." " vi.
+ Part 68, Appendix A lists the toxic endpoint you must use for each regulated
toxic substance. For the worst-case analysis for toxic substances, you are
' ,,. , I'i1 ,| „ i , nil, ,' . llh|! , ./If!" J Ll „ ' J L
required to estimate the air dispersion distance to the endpoint, using certain
conservative assumptions concerning quantity released and release
conditions.
A vapor cloud explosion is specified as the worst-case scenario for
flammable substances. For the; worst-caseanalysis for flammable
substances, you need to estimate the distance to an overpressure endpoint of
1 pound per square inch (psi) resulting from a vapor cloud explosion of a
cloud containing the largest quantity of the regulated flammable substance
from a vessel or process pipe line failure.
This section describes the assumptions you must make and what you need to do to
meet the requirements for worst-case scenario analysis under the rule. Exhibit 4-3
summarizes the required parameters for the worst-case analysis.
.
WORST-CASE RELEASES OF Toxic SUBSTANCES
i'!;..
For the worst-case release analysis for toxic substances, you need to use the
assumptions discussed below, the properties of the substance, and an appropriate air
dispersion model or EPA's optional guidance to estimate the distance from the
release point to the point at which the concentration of the substance in air is equal
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Chapter 4
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EXHIBIT 4-2
POSSIBLE SOURCES OF ASSISTANCE ON MODELING
You may be able to obtain modeling help from the implementing agency in your area; for example,
implementing agencies in California are preparing to provide assistance to regulated sources.
If you use certain models, users' groups may be a source of assistance; for example, there is an
ALOHA model users' group.
If you use a commercial model, you probably can request assistance from the model developer or
distributor.
Publications of the Center for Process Safety of the American Institute of Chemical Engineers
(AIChE) may provide useful information on modeling; examples of such publications include:
>• Guidelines for Evaluating the Characteristics of Vapor Cloud Explosions, Flash Fires, and
BLEVEs (1994), and
*• Guidelines for Use of Vapor Cloud Dispersion Models (1987).
EPA publications also may provide useful modeling information; examples include:
" Workbook of Screening Techniques for Assessing Impacts of Toxic Air Pollutants, EPA-
450/4-88-009 (September 1988), and
»• Guidance on the Application of Refined Dispersion Models for Hazardous/Toxic Air Release,
EPA-454/R-93-002 (May 1993).
>• EPA guidance is available at http://www.epa.gOV/scram001//
to the toxic endpoint specified in the rule. Because the assumptions required for the
worst-case analysis are very conservative, the results likely will be very
conservative. The endpoints specified for the regulated toxic substances are
intended to be protective of the general public. These endpoints are concentrations
below which it is believed nearly all individuals could be exposed for one-half to one
hour without any serious health effects. In addition, the worst-case analysis is
carried out using very conservative assumptions about weather and release
conditions. The distance to the endpoint estimated under worst-case conditions
should not be considered a zone in which the public would likely be in danger;
instead, it is intended to provide an estimate of the maximum possible area that
might be affected in the unlikely event of catastrophic conditions. Distances greater
than about 10 kilometers are particularly uncertain. EPA intends the estimated
distances to provide a basis for a discussion among the regulated community,
emergency responders, and the public, rather than a basis for any specific actions.
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MODELING ASSUMPTIONS
Quantity. EPA has defined (§68.3) a worst-case release as the release of the largest
quantity of a regulated substance from a vessel or process line failure that results in
the greatest distance to a specified endpoint. For substances in vessels, you must
assume release of the largest amount in a single vessel; for substances in pipes, you
must assume release of the largest amount in a pipe.
EXHIBIT 4-3
REQUIRED PARAMETERS FOR MODELING WORST-CASE SCENARIOS
Endpoints
4- For toxic substances, use the endpoint specified in part 68, Appendix A.
4 For flammable substances, use the endpoint of an overpressure of 1 pound per square inch (psi) for
vapor cloud explosions.
Wind speed/stability
4- Use wind speed of 1.5 meters per second and F stability class unless you can demonstrate that local
meteorological data applicable to the site show a higher minimum wind speed or less stable
atmosphere at all times during the previous three years. If you can demonstrate a higher minimum
wind speed or less stable atmosphere over three years, these minimums may be used.
Ambient temperature/humidity
4 For toxic substances, use the highest daily maximum temperature during the past three years and
average humidity for the site.
Height of release
4- For toxic substances, assume a ground level release.
Topography
4- Use urban or rural topography, as appropriate.
Dense or neutrally buoyant gases
4- Tables or models used for dispersion of regulated toxic substances must appropriately account for gas
density.
Temperature of released substance
4- For liquids (other than gases liquefied by refrigeration), use the highest daily maximum temperature,
based on data for the previous three years, or at process temperature, whichever is higher.
4- Assume gases liquefied by refrigeration at atmospheric pressure are released at their boiling points.
The largest quantity should be determined taking into account administrative
controls. Administrative controls are written procedures that limit the quantity of a
substance that can be stored or processed in a. vessel or pipe at any one tune, or,
alternatively, occasionally allow a vessel or pipe to store larger than usual quantities
(e.g., during turnaround). You do not need to consider the possible causes of the
worst-case release or the probability that such a release might occur; the release is
simply assumed to take place.
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Release Height. All releases are assumed to take place at ground level for the
worst-case analysis. This is a conservative assumption in most cases. Even if you
think a ground-level release is unlikely at your site, you must use this assumption for
the worst-case analysis.
Wind Speed and Atmospheric Stability. Meteorological conditions for the
worst-case scenario are defined in the rule as atmospheric stability class F (stable
atmosphere) and wind speed of 1.5 meters per second (3.4 miles per hour). If,
however, you can demonstrate that the minimum wind speed at your site (measured
at 10 meters) has been higher than 1.5 meters per second, or that the maximum
atmosphere stability has always been less stable than class F, you may use the
minimum wind speed and most stable atmospheric conditions at your site for the
worst-case analysis. To demonstrate higher minimum wind speeds or less stable
atmospheric conditions, you will need to document local meteorological data from
the previous three years that are applicable to your site. If you do not keep weather
data for your site (most sources do not), you may call another nearby source, such as
an airport, or a compiler, such as the National Weather Service, to determine wind
speeds for your area. Exhibit 3-1 in Chapter 3 describes atmospheric stability classes
in relation to wind speed and cloud cover. Your airport or other source will be able
to give you information on cloud cover. A small difference in wind speed probably
will not lead to a significant decrease in the distance to the endpoint.
Temperature and Humidity. For the worst-case release of a regulated toxic
substance, you must assume the highest daily maximum temperature that occurred in
the previous three years (the highest temperature reached in the last three years) and
the average humidity for the site. If you have not kept information on temperature
and humidity at your site, you may obtain it from a local meteorological station.
EPA's RMP Offsite Consequence Analysis Guidance assumes a temperature of 25 °C
(77°F) and 50 percent humidity. If you use the EPA's guidance for your offsite
consequence analysis, you may use these assumptions even if the actual highest
temperature at your site is higher or lower. If the temperature at your site is
significantly lower. EPA's guidance may give overly conservative results,
particularly for toxic liquids. Small differences in temperature and humidity are
unlikely to have a major effect on results, however.
Topography. Two choices are provided for topography for the worst-case scenario.
If your site is located in an area with few buildings or other obstructions, you should
assume open (rural) conditions. If your site is in an urban location, or is in an area
with many obstructions, you should assume urban conditions.
Gas or Vapor Density. For the worst-case analysis, you must use a model
appropriate for the density of the released gas or vapor. Generally, for a substance
that is lighter than air or has a density similar to that of air, you would use a model
for neutrally buoyant vapors. The initial vapor density of a substance with respect
to air can be estimated from its molecular weight, assuming air has a "molecular
weight" of approximately 29. For a substance that is heavier than air (molecular
weight greater than 29), you generally would use a dense gas model. There are cases
where a dense gas model may be appropriate for a substance with molecular weight
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4-8
. . . . . .
of 29 .or less (e.g., release of a compressed gas as a cold vapor) or where a neutrally
buoyant plume model may be appropriate for a substance with a higher molecular
11 •'•> weight (e.g., release by slow evaporation, with considerable mixing with air). In
addition, dense gases and vapors will become neutrally buoyant through mixing with
.;; air as they move downwind. If you can account for such conditions in modeling, you
may do so.
i j." ; ;; .., , .. ... ; ', • :, ;,,; ) v , •• • , , :
ESTIMATING RELEASE RATES
Toxic Gases. Toxic gases include all regulated toxic substances that are gases at
ambient temperature (temperature 25° C, 77° F). For the consequence analysis, the
total quantity in the single largest vessel or process line is assumed to be released as
a gas over a period of 10 minutes, except in the case of gases liquefied by
refrigeration under atmospheric pressure. The release rate (per minute) for a gas (not
liquefied by refrigeration) is the total quantity released divided by 10. Passive
mitigation measures (e.g., enclosure) may be taken into account in the analysis of the
worst-case scenario. A 10-minute release must be assumed for gases regardless of
the model you use.
Gases liquefied by refrigeration alone (not under pressure) and released into diked
areas may be modeled as liquids at their boiling points, if the pool formed by the
released liquid would be greater than one centimeter (0.39 inches) in depth. In this
case, you may assume the liquefied gas is released from a pool by evaporation at the
boiling point of the gas. If the refrigerated liquefied gas is not contained by passive
mitigation, or if the pool formed would have a depth of one centimeter or less, you
must treat the released substance as a gas released over 10 minutes. EPA's analysis
indicated that pools of gas liquefied by refrigeration with a depth of one centimeter
or less would evaporate so rapidly at their boiling points that treatment as gaseous
releases over 10 minutes is reasonable.
Toxic liquids. For toxic liquids, you must assume that the total quantity in a vessel
is spilled, forming a pool. For toxic liquids carried in pipelines, you must assume
that the largest quantity that might be released from the pipeline forms a pool.
Passive mitigation systems (e.g., dikes) may be taken into account in consequence
analysis. You must assume that the total quantity spilled spreads instantaneously to
a deptii of one centimeter (0.39 niches) in an undiked area or covers a diked area
instantaneously. You estimate the release rate to air as the rate of evaporation from
the pool. To estimate the evaporation rate, you need to estimate the surface area of
the pool. You can take into account the surface characteristics of the area into which
the liquid would be spilled; for example, some models for pool evaporation will take
into account the type of soil if the spill will take place in an unpaved area. Your
modeling also should consider the length of time it will take for the pool to
evaporate.
You may use any appropriate model to estimate the evaporation rate of a spilled
regulated substance from a pool and estimate the air dispersion distance to the
specified endpoint of the regulated substance. The release rate can then be used to
estimate the distance to the endpoint.
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ESTIMATING DISTANCE TO THEENDPOINT
You may use any appropriate model, as discussed above, to estimate the distance to
the endpoint specified in part 68 Appendix A for a release of a regulated toxic
substance, using the required modeling assumptions.
WORST-CASE RELEASES OF FLAMMABLE SUBSTANCES
For the worst-case scenario involving a release of a regulated flammable substance
(a flammable gas or volatile flammable liquid), you must assume that the quantity of
the flammable substance is released into a vapor cloud and that a vapor cloud
explosion results. You must estimate the distance to an endpoint to an overpressure
level of 1 pound per square inch (psi) from the explosion of the vapor cloud.
+ If the flammable substance is normally a gas at ambient temperature and
handled as gas or liquid underpressure or if the flammable substance is a gas
handled as a refrigerated liquid and is not contained when released or the
contained pool is one centimeter or less deep, you must assume the total
quantity is released as a gas and is involved in a vapor cloud explosion.
+ If the flammable substance is a liquid or a refrigerated gas released into a
containment area with a depth greater than one centimeter, you may assume
that the quantity that volatilizes in 10 minutes is involved in a vapor cloud
explosion.
As in the case of the worst-case release analysis for toxic substances, the worst-case
distance to the endpoint for flammable substances is based on a number of very
conservative assumptions. Release of the total quantity of a flammable substance in
a vessel or pipe into a vapor cloud generally would be highly unlikely. Vapor cloud
explosions are also unlikely events; in an actual release, the flammable gas or vapor
released to air might disperse without ignition, or it might bum instead of exploding,
with more limited consequences. The endpoint of 1 psi is intended to be
conservative and protective; it does not define a level at which severe injuries or
death would be commonly expected. An overpressure of 1 psi is unlikely to have
serious direct effects on people; this overpressure may cause property damage such
as partial demolition of houses, which can result in injuries to people, and shattering
of glass windows, which may cause skin laceration from flying glass.
To carry out the worst-case consequence analysis for flammable substances, you may
use a TNT-equivalent model (i.e., a model that estimates the explosive effects of a
flammable substance by comparison with the effects of an equivalent quantity of the
high explosive trinitrotoluene (TNT), based on the available combustion energy in
the vapor cloud). Such models allow you to estimate the distance to a specific
overpressure level, based on empirical data from TNT explosions. If you use a
TNT-equivalent model, you must assume that 10 percent of the flammable vapor in
the cloud participates in the explosion (i.e., you assume a 10 percent yield factor for
the explosion). You do not have to use a TNT-equivalent model; other available
models take into account more site-specific factors (e.g., degree of confinement of
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the vapor cloud). Generally, however, a TNT-equivalent model is the simplest to
use.
NUMBER OF SCENARIOS
The number of worst-case scenarios you must analyze depends on several factors as
discussed below. You only need to consider the hazard (toxicity or flammability) for
which a substance is regulated (i.e., even if a regulated toxic substance is also
flammable, you only need to consider toxiciiy in your analysis; even if a regulated
flammable substance is also toxic, you only need to consider flammability).
PROGRAM! PROCESSES
To demonstrate that a process is eligible for Program 1 (see Chapter 2), you conduct
a worst-case release analysis of it and that analysis must show that the distance to the
specified endpoint for every regulated substance in the process is smaller than the
distance to any public receptor. If you have several processes that may qualify for
Program 1, you will have to carry out a worst-case analysis for each process to
determine which qualify. You will need to report in the RMP the worst-case results
for those processes you determine to be eligible for Program 1.
If the distance to the endpoint in the worst-case analysis is equal to or greater than
the distance to any public receptor, the process would be in Program 2 or Program 3
(discussed below). When you consider possible eligibility of your processes for
Program 1, you may want to look particularly at processes containing flammable
substances, which are likely to give shorter worst-case distances than toxic
substances.
PROGRAM 2 AND 3 PROCESSES
For all your Program 2 and 3 processes together (see Chapter 2), you must carry out
and report in the RMP one worst-case analysis for the regulated toxic substances and
one worst-case analysis for the regulated flammable substances held above their
threshold quantities. The basic purpose of the worst-case analysis is to identify all of
the public receptors that could be affected by a worst-case release. The release that
results in the greatest distance to an endpoint would affect the greatest number of
public receptors so only that release (and not others affecting a subset of the those
receptors) needs to be reported. The reported scenario for toxic substances must be
the scenario estimated to result hi the greatest distance to a specified toxic endpoint;
for flammable substances, it must be the scenario estimated to lead to the greatest
distance to 1 psi overpressure for a vapor cloud explosion. Additional worst-case
analyses must be reported for toxic or flammable substances if a worst-case release
from a different location at the facility potentially would affect different public
receptors from those affected by the scenario giving the greatest distance.
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Chapter 4
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Qs & AS
WORST-CASE AND MITIGATION
Q. At my facility, if the worst-case release scenarios for regulated toxic substances and the worst-
case scenario for regulated flammable substances involve the same process, must I analyze both?
A. Yes. If the worst-case release scenarios for regulated toxic substances and regulated flammable
substances in Program 2 and 3 processes are associated with the same process, the two worst-case
release scenarios must be analyzed separately.
Q. What measures qualify as "passive mitigation"? ;
A. Passive mitigation is defined in § 68.3 as "equipment, devices, or technologies that function
without human, mechanical, or other energy input." Passive mitigation systems include building
enclosures, dikes, and containment walls. Measures such as fire sprinkler systems, water curtains,
valves, scrubbers, or flares would not be considered passive mitigation because they require human,
mechanical, or energy input to function.
Q. When analyzing the worst-case scenario for regulated toxic substances, must I anticipate a
specific cause (e.g., fire, explosion, etc.) of the scenario?
A. No. The worst-case analysis for a release of regulated toxic substances must conform to specific
assumptions as identified in § 68.25(c) and (d). Anticipated causes of the release will not affect the
analysis, and are not required. A specific cause may be considered in analyzing the alternative
release scenarios although it is not a requirement.
Q. Would all of the regulated substances stored in a salt dome be assumed to be released in the
worst-case scenario?
A. The worst case scenario for salt domes would be examined in a manner similar to that for
underground storage tanks. Reservoirs or vessels sufficiently buried underground are passively
mitigated or prevented from failing catastrophically. You should evaluate the failure of piping
connected to underground storage for the worst-case and alternative scenarios.
Q. Are valves in piping considered administrative controls?
A. No, administrative controls are written procedures that limit the quantity stored or flowing
through the pipes. Valves are considered active mitigation systems.
IDENTIFYING THE "WORST" WORST-CASE SCENARIO
Toxics. To determine the scenario that gives the greatest distance to an endpoint for
processes containing toxic substances, you may have to analyze more than one
scenario, because the distances depend on more than simply the quantity in a
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i* • i:
process. For toxic liquids, for example, distances depend on the magnitude of the
toxic endpoint, the molecular weight and volatility of the substance, and the
temperature of the substance in the process, as well as quantity. A smaller quantity
i'! of a substance at an elevated temperature may give a greater distance to the endpoint
|| than a larger quantity of the same substance at ambient temperature. In some cases,
; it may be difficult to predict which substance and process will give the greatest
worst-case distance. You also may need to carry out analyses of worst-case
1 scenarios for locations at significant distances from each other to determine whether
different public receptors might be affected by releases.
; Flammables. For flammable substances, the greatest quantity in a process is likely
to give the greatest distance to the endpoint, but there may be variations, depending
on heat of combustion and distance to the fencelme.You may have to carry our
is i several analyses to identify the scenario that gives the greatest distance to the
endpoint. As in the case of toxic substances, you also may need to carry out analyses
for locations far apart from each other to determine whether different public
• receptors might be affected.
For both toxic and flammable substances, the worst-case distances should be
considered only approximations.
4.3 ALTERNATIVE RELEASE SCENARIOS
I
There are only a few required assumptions for the alternative scenario analysis.
Exhibit 4-4 summarizes the required assumptions.
ACCEPTABLE ALTERNATIVE SCENARIOS
Your alternative scenario for a covered process must be one that is more likely to
occur than the worst-case scenario and that reaches an endpoint offsite, unless no
such scenario exists. You do not need to demonstrate greater likelihood of
occurrence or carry out any analysis of probability of occurrence; you only need to
use reasonable judgement and knowledge of the process. If, using a combination of
reasonable assumptions, modeling of a release of a regulated substance from a
process shows that the relevant endpoint is not reached offsite, you can use the
modeling results to demonstrate that a scenario does not exist for the process that
will give an endpoint offsite. You must report an alternative scenario, however.
Release scenarios you should consider include, but are not limited to, the following,
where applicable:
4- Transfer hose releases due to splits or sudden uncoupling;
4- Process piping releases from failures at flanges, joints, welds, valves and
valve seals, and drains or bleeds;
4- Process vessel or pump releases due to cracks, seal failure, drain bleed, or
plug failure;
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Chapter 4
Offsite Consequence Analysis
+ Vessel overfilling and spill, or overpressurization and venting through relief
valves or rupture disks; and
+ Shipping container mishandling and breakage or puncturing leading to a
spill.
For alternative release scenarios, you may consider active mitigation systems, such
as interlocks, shutdown systems, pressure relieving devices, flares, emergency
isolation systems, and fire water and deluge systems, as well as passive mitigation
systems. Mitigation systems considered must be capable of withstanding the event
that triggers the release while remaining functional.
EXHIBIT 4-4
REQUIRED PARAMETERS FOR MODELING ALTERNATIVE SCENARIOS
Endpoints
4- For toxic substances, use the endpoints specified in part 68, Appendix A.
+ For flammable substances, use as the endpoints:
>• Overpressure of 1 pound per square inch (psi) for vapor cloud explosions,
>• Radiant heat of 5 kilowatts per square meter (kW/m2) (or equivalent dose) for
fireballs or pool fires, or
>• Lower flammability limit (LFL) for vapor cloud fires.
Wind speed/stability
+ Use typical meteorological conditions at your site.
Ambient temperature/humidity'
+ Use average temperature/humidity data gathered at your site or at a local meteorological
station.
Height of release
•*• Release height may be determined by the release scenario.
Topography
+ Use urban or rural topography, as appropriate.
Dense or neutrally buoyant gases
+ Tables or models used for dispersion of regulated toxic substances must appropriately
account for gas density.
Temperature of released substance
+ Substances may be considered to be released at a process or ambient temperature that is
appropriate for the scenario.
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1111 M»i I'd ;!f ilililHF '' Sill
Chapter 4
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4-14
You must consider your five-year accident history and failure scenarios identified in
;! :; your hazard review or process hazards analysis in selecting alternative release
scenarios for regulated toxic or flammable substances (e.g., you might choose an
* actual event from your accident history as the basis of your scenario). You also may
consider any other reasonable scenarios.
! ••!! The alternative scenarios you choose to analyze should be scenarios that you
consider possible at your site. Although EPA requires no explanation of your choice
of scenario, you should choose a scenario that you think you can explain to
emergency resporiders and the public as a reasonable alternative to the worst-case
scenario. For example, you could pick a scenario based on an actual event, or you
could choose a scenario that you worry about, because circumstances at your site
might make it a possibility. If you believe that there is no reasonable scenario that
could lead to offsite consequences, you may use a scenario that has no offsite
impacts for your alternative analysis. You should be prepared to explain your choice
of such a scenario to the public, should questions arise.
ALTERNATIVE RELEASES OF Toxic SUBSTANCES
i
To estimate distances to the endpoint for alternative releases of toxic substances, you
need to identify reasonable scenarios for the regulated substances in covered
processes at your site and model these scenarios using appropriate models. As noted
above, for alternative release scenarios, you are permitted to take credit for both
passive and active mitigation systems, or a combination if both are in place.
J: ',;: Modeling alternative releases of toxic substances is discussed below.
"! Although alternative scenarios are intended to be more likely than worst-case
scenarios, the analysis of alternative scenarios should not be expected to provide
realistic estimates of areas in which the public mignt be endangered in case of a
release. The same conservative, protective endpoints are used for alternative release
":: : analysis as for worst-case analysis. These eiidpoints are intended to represent
exposure levels below which most members of the public will not suffer any serious
: ;! health effects. The endpoints are based on exposures for longer periods than may be
likely in an actual release. In addition, modeling carried out to estimate distances to
these endpoints, even when based on more realistic assumptions than used for the
worst-case modeling, likely will provide results with a high degree of uncertainty.
These estimated distances should not be considered a necessarily accurate prediction
of the results pf an actual release.
';.i(: ""!» I1 ; ' • ' >' ' ':!('''
MODELING ASSUMPTIONS
,.( -. . .•,.•/.,: i I .,
'• : i-v . . '. • • "- : •; '111 I!/ ; t' ' . •• •:'•:>• I
f; i Quantity. EPA has not specified any assumptions you must make concerning
quantity released for an alternative release scenario. You could consider any
site-specific factors in developing a reasonable estimate of quantity released (e.g.,
the quantity that could be released from a sheared pipe in the time it would take to
shut off flow to the pipe).
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Chapter 4
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Release Height. You may assume any appropriate release height for your
alternative scenarios. For example, you may analyze a scenario in which a regulated
substance would be released at a height well above ground level.
Wind Speed and Atmospheric Stability. You should use typical meteorological
conditions at your site to model alternative scenarios. To determine typical
conditions, you may need to obtain local meteorological data that are applicable to
your site. If you do not keep weather data for your site (most sources do not), you
may call another nearby source, such as an airport, or a compiler, such as the
National Weather Service, to determine wind speeds for your area. Your airport or
other source will be able to give you information on cloud cover.
ESTIMATING RELEASE RATES
Toxic Gases. To estimate a release rate for toxic gases, you may make any
appropriate assumptions based on conditions at your site and use any appropriate
model. EPA's RMP Offsite Consequence Analysis Guidance provides a simple
equation and chemical-specific data for estimating the release rate of a gas from a
hole in a vessel or pipe based on hole size, tank pressure, and chemical properties.
The size of the hole might be estimated from, for example, the hole size that would
result from shearing off a valve or pipe from a vessel.
Tank or pipe damage or failure resulting in the release of a gas liquefied under
pressure might be an appropriate alternative scenario at some sites. If such a release
would be possible at your site, you may need to consider a model or method that will
deal with this type of scenario.
You also should consider the duration of the release. EPA does not require you to
assume any specific time period for the release. You could estimate the release
duration based on the length of time it would take to. stop the release, or you could
estimate a maximum duration based on a calculated release rate and the quantity in
the tank or pipes. If you estimate that a release of toxic gas would be stopped very
quickly, resulting in a "puff rather than a plume, you may want to use a model that
deals with puff releases. EPA's RMP Offsite Consequence Analysis Guidance is not
appropriate for estimating distance to an endpoint for puff releases.
You may consider both passive and active mitigation in estimating release rates. For
gases, passive mitigation may include enclosed spaces. Active mitigation for gases
may include an assortment of techniques including automatic shutoff valves, rapid
transfer systems (emergency deinventory), and water/chemical sprays. These
mitigation techniques have the effect of reducing either the release rate or the
duration of the release, or both. EPA's RMP Offsite Consequence Analysis Guidance
includes methods of accounting for mitigation. You also may use your knowledge or
other methods to account for mitigation.
Toxic liquids. For alternative releases of toxic liquids, you may consider any
scenario that would be reasonable for your site. For alternative release scenarios, you
are permitted to take credit for both passive and active mitigation systems, or a
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Chapter 4 ^ "^ i _']
Offsite Consequence Analysis
4-16
"3!
< " « combination if both are in place. For liquids, passive mitigation may include
' " i' techniques such as dikes and trenches. Active mitigation for liquids may include an
assortment of techniques including automatic shutoff valves, emergency deinventory,
' foam or tarp coverings, and water or chemical sprays. These mitigation techniques
have the effect of reducing either the quantity released into the pool or the
evaporation rate from the pool. EPA's RMP Offsite Consequence Analysis Guidance
discusses some methods of accounting for mitigation.
I i , ',!,! i ., „ " , ','! ;, , „ " I1" !!' < ' '
ESTIMATING DISTANCE TO THE ENDPOINT
"' • , , , III, :. i -h j| ' .'V '' T . . ' ,„ j r
For worst-case releases, you may use any appropriate model (as discussed in 4.1) to
estimate the distance to the specified endpoint for an alternative release of a
regulated toxic substance. You may use site-specific conditions, including typical
weather conditions, and consider any site-specific factors appropriate to your
scenario. You must use the endpoints specified in part 68 Appendix A, as for the
worst-case analysis.
ALTERNATIVE RELEASES OF FLAMMABLE SUBSTANCES
I
Alternative release scenarios for flammable substances are somewhat more
complicated than for toxic substances because the consequences of a release and the
endpoint of concern may vary. For the worst case, the consequence of concern is a
vapor cloud explosion, with an overpressure endpoint. For alternative scenarios
involving fires rather than explosions, other endpoints than overpressure (e.g., heat
radiation) may need to be considered. The rule specifies endpoints for fires based on
the heat radiation level that may cause second degree burns from a 40-second
exposure-and the lower flammability limit (LFL), which is the lowest concentration
! in air at which a substance will bum. Some possible scenarios involving flammable
. ,1'j : substances are discussed below.
: : if + Vapor cloud fires (flash fires) may result from dispersion of a cloud of
1 ' > flammable vapor and ignition of the cloud following dispersion. Such a fire
could flash back and could represent a severe heat radiation hazard to
any One in the area of the cloud. Vapor cloud fires may be modeled using air
- dispersion modeling techniques to estimate distances to a concentration
: .".: equal to the LFL.
4- A pool fire, with potential radiant heat effects, may result from a spill of a
flammable liquid. The endpoint for this type of fire, as listed in the rule, is a
radiant heat level of 5 kilowatts per square meter (kW/m2) for 40 seconds; a
40-second exposure to this heat level could cause second degree burns.
-f A boiling liquid, expanding vapor explosion (BLEVE), leading to a
fireball that may produce intense heat, may occur if a vessel containing
flammable material ruptures explosively as a result of exposure to fire. Heat
radiation from the fireball is the primary hazard; vessel fragments and
s; ; i :ij overpressure from the explosion also can result. BLEVEs are generally
considered unlikely events; however, if you think a BLEVE is possible at
July 1998
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Chapter 4
Offsite Consequence Analysis
your site, you should estimate the distance at which radiant heat effects
might lead to second degree burns. However, if you think a BLEVE is
possible at your site, you should estimate the distance at which radiant heat
effects might cause second degree bums, since that is the effect of concern
underlying the rule's endpoint for fires. The point of offsite consequence
analyses is to determine how far away from the point of release effects of
concern could occur, so you should estimate the distance for BLEVEs even
if they do not last for 40 seconds. For short-duration BLEVEs, you would
need to estimate the radiant heat level at which exposure for the duration of
the BLEVE would cause second degree burns. You then would need to
estimate the distance to that heat level. You then would need to estimate the
distance to that heat level. You also may want to consider models or
calculation methods to estimate effects of vessel fragmentation, although you
are not required to analyze such effects.
+ For a vapor cloud explosion to occur, rapid release of a large quantity of
flammable material, turbulent conditions (caused by a turbulent release or
congested conditions in the area of the release, or both), and other factors are
generally necessary. Vapor cloud explosions generally are considered
unlikely events; however, if conditions at your site are conducive to vapor
cloud explosions, you may want to consider a vapor cloud explosion as an
alternative scenario. The 1 psi overpressure endpoint still applies to a vapor
cloud explosion for purposes of analyzing an alternative scenario, but you
could use less conservative assumptions than for the worst-case analysis,
including any reasonable estimate of the quantity in the cloud and the yield
factor. A vapor cloud deflagration, involving lower flame speeds than a
detonation and resulting in less damaging blast effects, is more likely than a
detonation. You may assume a vapor cloud deflagration for the alternative
scenario, if you think it is appropriate, and use the radiant heat endpoint
(adjusted for duration).
+ A j et fire may result from the puncture or rupture of a tank or pipeline
containing a compressed or liquefied gas under pressure. The gas
discharging from the hole can form a jet that "blows" into the air in the
direction of the hole; the jet then may ignite. Jet fires could contribute to
BLEVEs and fireballs if they impinge on tanks of flammable substances. A
large horizontal jet fire may have the potential to pose an offsite hazard.
You may want to consider a jet fire as an alternative scenario, if appropriate
for your site.
MODELING ASSUMPTIONS
Quantity. EPA has not specified any assumptions you must make concerning
quantity released for alternative scenario analysis for flammable substances. You
may consider any site-specific factors in developing a reasonable estimate of
quantity released, as for toxic substances (e.g., the quantity that could be released
from a ruptured pipe in the time it would take to shut off flow to the pipe).
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Chapter 4
Offsite Consequence Analysis
4-18
July 1998
Release Height. You may assume any appropriate release height for your
alternative scenarios for flammable substances.
Wind Speed and Atmospheric Stability. Meteorological conditions may have little
effect or4 sorrie scenarios for flammable substances (e.g., vapor cloud explosions and
BLEVEs), but may have a relatively large effect on others (e.g., a vapor cloud fire
resulting from downwind dispersion of a vapor cloud and subsequent ignition). You
should use typical meteorological conditions at your site to model appropriate
alternative scenarios. To determine typical conditions, you may need to obtain local
meteorological data that are applicable to your site, as discussed above.
ESTIMA TING RELEASE RA TES
Flammable Gases. To estimate a release rate for flammable gases, you may make
any appropriate assumptions based on conditions at your site. You may consider the
effects of both passive and active mitigation systems. The methods provided in
EPA'sjR^P Offsite Consequence Analysis Guidance for rate of release of a gas from
a hole in a vessel or pipe for toxic gases also can be usecf for flammable gases.
Chemical-specific data are provided for flammable gases, to be used along with hole
size and tank pressure to estimate release rates.
Flammable liquids. For alternative releases of flammable liquids, you may
consider any scenario that would be reasonable for your site. You are permitted to
take credit for both passive and active mitigation systems, or a combination if both
are in place, as for toxic liquids. You could consider release of the liquid into a pool
and release to air by pool evaporation, if you consider this to be a reasonable
scenario.
If evaporation of a flammable liquid from a pool is an appropriate assumption for
your alternative scenario, you can use any scientifically appropriate method to
estimate the evaporation rate.
I , •: ' i' 1 . • '. ' I i . • ' .. '• . ' I • ' I • .•;• •',•.•! i, , " ' !,.•
ESTIMATING DISTANCE TO THE ENDPOINT
' - ' , j
You may use any appropriate model to estimate the distance to the specified
endpoint for alternative scenarios for regulated flammable substances. Several
possible consequences of releases of flammable substances are discussed below.
Vapor cloud fire. You may use any appropriate model to estimate distances for a
vapor cloud fire. The LFL endpoint, specified in the rule, would be appropriate for
vapor cloud fires. You may use air dispersion modeling to estimate the maximum
distance to the LFL. You may want to consider, however, whether it is likely that a
flammable gas or vapor could disperse to the maximum distance to the LFL before
reaching an ignition source. The actual dispersion distance before ignition might be
much shorter than the maximum possible distance.
Pool fire. Any appropriate model may be used for pool fires of flammable liquids.
The applicable endpoint specified in the rule is the heat radiation level of 5 kW/m2.
EH iHuviii'lii u >,>>,-
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Chapter 4
Offsite Consequence Analysis
BLEVE. If a fireball from a BLEVE is a potential release scenario at your site, you
may use any model or calculation method to estimate the distance to a radiant heat
level that can cause second degree burns (a heat "dose" equivalent to the specified
radiant heat endpoint of 5 kW/m2 for 40 seconds).
Vapor cloud explosion. If you have the potential at your site for the rapid release of
a large quantity of a flammable vapor, particularly into a congested area, a vapor
cloud explosion may be an appropriate alternative release scenario. For the
alternative analysis, you may estimate any reasonable quantity of flammable
substance in the vapor cloud. The endpoint for vapor cloud explosions is 1 psi, as
for the worst case; however, a smaller yield factor may be used for the alternative
scenario analysis.
NUMBER OF SCENARIOS
You are required to analyze at least one alternative release scenario for each listed
toxic substance you have in a Program 2 or Program 3 process above its threshold
quantity. Even if you have a substance above the threshold in several processes or
locations, you need only analyze one alternative scenario for it. You also are
required to analyze one alternative release scenario representing all regulated
flammable substances in Program 2 or 3 processes; you do not need to analyze an
alternative scenario for each flammable substance above the threshold. For example,
if you have five listed substances — chlorine, ammonia, hydrogen chloride, propane,
and acetylene — above the threshold in Program,2 or 3 processes, you will need to
analyze one alternative scenario each for chlorine, ammonia, and hydrogen chloride
(toxics) and a single alternative scenario to cover propane and acetylene (flammable
substances).
No alternative scenario analysis is required for regulated substances in Program 1
processes. If the worst-case analysis shows no public receptors within the distance
to the endpoint. and the process meets the other Program 1 criteria, you do not have
to cam' out an alternative scenario analysis.
In addition, no alternative scenario analysis is required for any process that does not
contain more than a threshold quantity of a regulated substance, even if you believe
such a process is a likely source of a release.
4.4 ESTIMATING OFFSITE RECEPTORS
The rule requires that you estimate in the RMP residential populations within the
circle defined by the endpoint for your worst-case and alternative release scenarios
(i.e., the center of the circle is the point of release and the radius is the distance to the
endpoint). In addition, you must report in the RMP whether certain types of public
receptors and environmental receptors are within the circles.
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OfFsite Consequence Analysis
4-20
RESIDENTIAL POPULATIONS
i'lil i ;•! I,
To estimate residential populations, you may use the most recent Census data or any
other source of data that you believe is more accurate. You are not required to
update Census data or conduct any surveys to develop your estimates. Census data
are available in public libraries and in the LandView system, which is available on
CD-ROM (see box below). The rule requires thatyou estimate populations to
two-significant digits. For example, if there are 1,260 people within the circle, you
may report 1,300 people. If the number of people is between 10 and 100, estimate to
the nearest 10. If the number of people is less than 10, provide the actual number.
Census data are presented by Census tract. If your circle covers only a portion of the
tract, you should develop an estimate for that portion. The easiest way to do this is
to determine the population density per square mile (total population of the Census
tract divided by the number of square miles in the tract) and apply that density figure
to the number of square miles within your circle. Because there is likely to be
considerable variation in actual densities within a Census tract, this number will be
approximate. The rule, however, does not require you to correct the number.
OTHER PUBLIC RECEPTORS
Other public receptors must be noted in the RMP (see the discussion of public
receptors in Chapter 2). If there are any schools, residences, hospitals, prisons,
public recreational areas or arenas, or commercial or industrial areas within the
circle, you must report that. You are hot required to develop a list of all public
receptors; you must simply check off that one or more such areas is within the circle.
Most receptors can be identified from local street maps.
ENVIRONMENTAL RECEPTORS
Environmental receptors are defined as natural areas such as national or state parks,
forests, or monuments; officially designated wildlife sanctuaries, preserves, refuges,
or areas; and Federal wilderness areas. Only environmental receptors that can be
identified on local U.S. Geological Survey (USGS) maps (see box below) need to be
considered. You are not required to locate each of these specifically. You are only
required to check off in the RMP which specific types of areas are within the circle.
If any part of one of these receptors is within your circle, you must note that in the
RMP.
Important: The rule does not require you to assess the likelihood, type, or severity
of potential impacts on either public or environmental receptors. Identifying them as
within the circle simply indicates that they could be adversely affected by the
release.
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Chapter 4
Offsite Consequence Analysis
How TO OBTAIN CENSUS DATA AND .LANDVIEW®
Census data can be found in publications of the Bureau of the Census, available hi public libraries,
including County and City Data Book.
LandView ®III is a desktop mapping system that includes database extracts from EPA, the Bureau of
the Census, the U.S. Geological Survey, the Nuclear Regulatory Commission, the Department of
Transportation, and the Federal Emergency Management Agency. These databases are presented in a
geographic context on maps that show jurisdictional boundaries, detailed networks of roads, rivers,
and railroads, census block group and tract polygons, schools, hospitals, churches, cemeteries,
airports, dams, and other landmark features. CD-ROM for IBM-compatible PCs:
CD-TGR95-LV3-KIT $99 per disc (by region) or $549 for 11 disk set is available from:
U.S. Department of Commerce
Bureau of the Census
P.O. Box 277943
Atlanta, GA 30384-7943
Phone: 301-457-4100 (Customer Services - orders)
Fax: (888) 249-7295 (toll-free); Fax: (301) 457-3842 (local)
Phone: (301) 457-1128 (Geography Staff- content)
http://www.census.gov/ftp/pub/geo/www/tiger/
Further information on LandView and other sources of Census data is available at the Bureau of the
Census web site at www.census.gov.
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"""Chapter 4
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4-22
How TO OBTAIN USGS MAPS
The production of digital cartographic data and graphic maps comprises the largest component of the
USGS National Mapping Program. The USGS's most familiar product is the 1:24,000-scale
Topographic Quadrangle Map. This is the primary scale of data produced, and depicts greater detail
for a smaller area than intermediate-scale (1:50,000 and 1:100,000) and small-scale (1:250,000,
1:2,000,000 or smaller) products, which show selectively less detail for larger areas.
U.S. Geological Survey
508 National Center
12201 Sunrise Valley Drive
Reston, VA 20192
http://mapping.usgs.gov/
To order USGS maps by fax, select, print, and complete one of the online forms and fax to
303-202-4693. A list of commercial dealers also is available at
http://mappmg.usgs.gov/esic/usimage/dealers.htrnl/. For more information or ordering assistance,
call 1-800-HELP-MAP, or write:
USGS Information Services
Box 25286
Denver, CO 80225
I
For additional information, contact any USGS Earth Science Information Center or call
1-800-USA-MAPS.
'! ! II III I,
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4-23
Chapter 4
Offsite Consequence Analysis
Qs and As
OFFSITE CONSEQUENCE ANALYSIS
Q. How close must a stationary source be to a weather station for that station's data to be applicable
to the stationary source?
A. EPA has not set specific distance limits, but will allow owners and operators to use reasonable
judgement in determining whether data from a weather station is applicable to the stationary source.
Factors such as topography and distance between the stationary source and a weather station should
be taken into consideration when evaluating the applicability of the weather station's data to the
stationary source.
Q. Must air dispersion models that are used to analyze worst-case release scenarios be able to
account for multiple vessels and how those vessels could impact one another in the event of an
accidental release?
A. No. Models used for worst-case release scenario analysis do not need to consider compounding
effects of accidental releases from multiple vessels because worst-case release is defined by the rule
as a single vessel or process line failure that will result in the greatest distance to an endpoint
Q. If the estimated population changes, would the RMP have to be updated?
A. No. Changes in U.S. Census data do not necessitate the revision of the RMP. However, all
updates to the RMP should use the most recent U.S. Census data.
Q. What if a flammable event has a different time duration than the 5 kw/m2 for 40 seconds?
A. EPA recognizes that flammable events may occur for a different amount of exposure time.
Therefore, the owner or operator should determine the distance to an equivalent exposure - e.g. if the
flammable event occurs for 20 seconds, what is the distance to an equivalent exposure (XX kw/m2)?
Q. Could positive buoyancy models be used?
A. Yes, provided there is a basis for use and the owner or operator explains the rationale for use of
positive buoyancy models.
July 1998
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Chapter 4
Offsite Consequence Analysis
4-24
4.5 EXAMPLES OF WORST CASE
EXAMPLE > SOURCE A
Source A, a retail operation that supplies ammonia and propane, has one covered process: a 200-ton
ammonia storage tank. Source A carries out worst-case consequence analyses for this process, with
the following results: For 400,000 pounds of anhydrous ammonia, the distance to the specified
endpoint (0.14 mg/L) is estimated as more than 10 miles.
Residences and a business center are located within 0.15 miles of the facility; therefore, the
regulated process is not eligible for Program 1. Source A must report the results of the worst-case
analysis in the RMP.
EXAMPLE » SOURCE B
Source B is a medium-sized metal products manufacturer with two processes containing regulated
toxic substances above their thresholds: a tank storing 50,000 pounds of 37 percent hydrochloric
acid for use in plating processes and five interconnected, one-ton tanks of chlorine used in a
wastewater treatment plant. Only one worst-case analysis is required for toxic substances for
Program 2 and Program 3 processes; because of the greater toxicity and volatility of chlorine, Source
B expects that a worst-case release of chlorine would result in the greatest distance to the endpoint.
Source B does not believe the hydrochloric acid process would be eligible for Program 1 because of
the proximity of public receptors (including workers at an adjacent industrial facility), and, therefore,
only carries out the worst-case analysis for the chlorine process. A distance of 2.80 miles to the
endpoint is estimated for a release of 2,000 pounds of chlorine. Source B must report this worst-case
analysis in the RMP.
EXAMPLE » SOURCE C
Source C is an inorganic chemical manufacturer with two covered processes: a tank containing 10
tons of 70 percent hydrofluoric acid solution and ten one-ton tanks of chlorine on a rack for
wastewater treatment. Source C must carry out one worst-case analysis for regulated toxic
substances for Program 2 and Program 3 processes. Because the toxic endpoint of chlorine is lower
than that of hydrofluoric acid, and because the release rate will probably be greater for a gas than a
solution, Source C decides to carry out the analysis for chlorine as the required worst-case analysis
for toxic substances. Source C believes the hydrofluoric acid process may be eligible for Program 1
and, therefore, decides to do a worst-case analysis for this process as well. Results of the worst-case
analyses for these two processes are:
+ 2.80 miles for 2,000 pounds of chlorine
+ 1 mile for 20,000 pounds of 70 percent hydrofluoric acid (released in a diked area)
Homes and businesses are located less than a mile from either process; therefore, neither process is
eligible for Program 1. Source C must report the results of the worst-case analysis for chlorine.
April 17,2000
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4-25
Chapter 4
Offsite Consequence Analysis
EXAMPLE > SOURCE D
Source D is a large chemical manufacturer with 11 regulated substances above their threshold
quantities, including three flammable substances and eight toxic substances. The processes
containing flammable substances are: three 18,000-gallon tanks containing 26,000 pounds of
ethylene, 66,000 pounds of propylene, and 65,000 pounds of propane; the propane, however, is used
as a fuel and is not subject to the rule. The largest quantities of toxic substances in processes are:
25,000 pounds of toluene diisocyanate (TDI), 100,000 pounds of chloroform, 25,000 pounds of
anhydrous hydrogen chloride, 20,000 pounds of chlorine, 80,000 pounds of epichlorohydrin, 100,000
pounds of methyl chloride, 10,000 pounds of hydrogen cyanide, and 1,000 pounds of phosgene. For
the RMP, Source D has to report one worst-case analysis for flammable substances and one for toxic
substances; however, Source D believes the processes containing flammable substances may be
eligible for Program 1 and, therefore, chooses to carry out a worst-case analysis for each of these
processes. In addition, Source D believes the processes containing TDI and chloroform may be
eligible for Process 1, because of the low volatility of TDI and the relatively low toxiciry of
chloroform, and decides to carry out analyses to determine eligibility. Source D is not sure which of
the other processes containing toxic substances will give the greatest distance to the endpoint;
therefore, it conducts screening analyses for all these processes. The worst-case distances for vapor
cloud explosions of the flammable substances are:
4- 0.24 miles for 26,000 pounds of ethylene; and
4- 0.32 miles for 66,000 pounds of propylene.
The worst-case distances to the endpoints for the toxic substances are:
4- 0.06 miles for 25,000 pounds of TDI;
4- 0.49 miles for 100,000 pounds of chloroform;
4- 4.8 miles for 25,000 pounds of hydrogen chloride;
4- 10 miles for 20,000 pounds of chlorine;
4- 2.2 miles for 80,000 pounds of epichlorohydrin;
4 2.0 miles for 100,000 pounds of methyl chloride;
4- 5.2 miles for 10.000 pounds of hydrogen cyanide; and
4 11 miles for 1.000 pounds of phosgene.
The processes containing ethylene and propylene are located 500 yards (0.28 miles) from a river (0.5
miles wide). The distance to the endpoint for these two processes does not extend beyond the river,
which is not a recreational area: the processes are eligible for Program 1 (having met the other
criteria). The distances to the endpoints for the TDI process is exceeded by the distance to public
receptors in any direction; therefore, this process is also eligible for Program 1.
Source D reports the worst-case analysis results for ethylene, propylene, and TDI to demonstrate
eligibility for Program 1. It reports the results for propylene as the required worst-case analysis for
flammable substances and the results for phosgene as the required worst-case analysis for toxic
substances.
April 17, 2000
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- .Chapter 4
OfFsite Consequence Analysis
4-26
4.6 EXAMPLES OF ALTERNATIVE RELEASES
EXAMPLE > SOURCE A
Source A, a retail operation that supplies ammonia and propane, has one covered processes: an
ammonia storage tank containing 400,000 pounds of anhydrous ammonia (a regulated toxic
substance). The worst-case consequence analyses for this process indicated it is not eligible for
Program 1. Source A must carry out and report an alternative scenario analysis for the process. Any
reasonable and defensible scenarios can be analyzed for the process.
EXAMPLE - SOURCE B
Source B is a medium-sized metal products manufacturer with two covered processes containing
regulated toxic substances: a chlorine wastewater treatment plant with 10,000 pounds of chlorine and
a tank containing 50,000 pounds of 37 percent hydrochloric acid. Because of the proximity of public
receptors, neither of these processes is eligible for Program 1. Source B must carry out and report an
alternative scenario analysis for each of these processes. Source B may analyze any scenarios that
are reasonable for the site and processes; the source must be able to explain its choice of scenarios.
EXAMPLE > SOURCE C
Source C is an inorganic chemical manufacturer with two covered processes, one containing 20,000
pounds of chlorine and the other containing 20,000 pounds of 70 percent hydrofluoric acid. Source
C's worst-case analyses indicated that these processes are not eligible for Program 1. Source C must
carry out and report an alternative scenario analysis for each of these processes. The scenarios may
be developed based on any reasonable and defensible assumptions.
EXAMPLE > SOURCE D
Source D is a large chemical manufacturer with covered processes containing two regulated
flammable substances and eight regulated substances. The worst-case analyses showed that the
processes containing the flammable substances ethylene and propylene are eligible for Program 1.
For flammable substances, Source D need not carry out and report an alternative scenario analysis.
The worst-case analyses showed that the process containing 25,000 pounds of the toxic substance
toluene diisocyanate (TDI) also is eligible for Program 1; therefore, Source D does not need to carry
out an alternative scenario analysis for TDI. Source D must carry out and report an alternative
scenario analysis for each regulated toxic substance in a covered non-Program 1 process; thus,
scenarios must be developed and analyzed for hydrogen chloride, chlorine, epichlorohydrin, methyl
chloride, hydrogen cyanide, chloroform, and phosgene. If the substances are found in more than one
vessel, the analysis should be conducted with respect to the vessel that presents the greatest relative
risk of a release. Analyses of each vessel are not needed. Source D can develop any reasonable
scenarios for these substances.
April 17,2000
-------
CHAPTER 5: MANAGEMENT SYSTEM
5.1 GENERAL INFORMATION (§68.15)
If you have at least one Program 2 or Program 3 process (see Chapter 2 for guidance
on determining the Program levels of your processes), the management system
provision in § 68.15 requires you to:
Develop a management system to oversee the implementation of the risk
management program elements;
Designate a qualified person or position with the overall responsibility for the
development, implementation, and integration of the risk management program
elements; and
Document the names of people or positions and define the lines of authority through
an organizational chart or other similar document, if you assign responsibility for
implementing individual requirements of the risk management program to people or
positions other than the person or position with overall responsibility for the risk
management program.
ABOUT THE MANAGEMENT SYSTEM PROVISION
Management commitment to process safety is a critical element of your facility's risk
management program. Management commitment should not end when the last word
of the risk management plan is composed. For process safety to be a constant
priority, your facility must remain committed to every element of the risk
management program.
This rule takes an integrated approach to managing risks. Each element must be
implemented on an ongoing, daily basis and become a part of the way you operate.
Therefore, your commitment and oversight should be continuous.
By satisfying the requirements of this provision, you are ensuring that:
+ The risk management program elements are integrated and implemented on
an ongoing basis; and
+ All groups within a source understand the lines of responsibility and
communication.
5.2 HOW TO MEET THE MANAGEMENT SYSTEM REQUIREMENTS
We understand that the sources covered by this rule are diverse and that you are in
the best position to decide how to appropriately implement and incorporate the risk
management program elements at your facility; therefore, we sought to maximize
your flexibility in complying with this program.
July 1998
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Chapter 5
Management System
5-2
Lines of Authority
WHAT DOES THIS MEAN FOR ME AS A SMALL FACILITY?
As a small facility that must comply with this provision, you most likely have one or
two Program 2 or 3 processes. To begin, you may identify either the qualified
person or position with overall responsibility for implementing me risk management
program elements at your facility. As a small facility, it may make sense and be
practical to identify the name of the qualified person, rather than the position.
Recognize that the only element of your management system that you must report in
the RMP is the name of the qualified person or position witli overall responsibility.
Further, changes to this data element in your RMP do not require that you update
your RMP.
Identification of a qualified individual or position with overall responsibility
may be all you need to do if the person or position named directly oversees the
employees operating and maintaining the processes. You must define the lines of
authority with an organizational chart or similar document only if you choose to
assign responsibility for specific elements of the risk management program to
persons or positions other than the person with overall responsibility. For a small
facility, with few employees, it is likely that you will meet the requirements of this
provision by identifying the one person or position with the overall responsibility of
implementing the risk management program elements. If this is the case, you need
hot develop an organizational chart. For this reason, this chapter does not provide an
example organizational chart for a small facility.
Even if you meet the requirements of this section by naming a single person or
position, it is important to recognize that the person or position assigned the
responsibility of overseeing implementation must have the ability and resources to
ensure that your facility and employees carry out the risk management program,
• particularly the prevention elements, on an continuing basis. Key to the
: effectiveness of the rule is integrated management of the program elements.
WHAT DOES f HIS MEAN FOR ME AS A MEDIUM OR LARGE FACILITY?
As a medium or large facility you may have more managerial turnover than smaller
sites. For this reason, it may make more sense at your facility to identify a position,
rather than the name of the specific person, with overall responsibility for the risk
management program elements. Remember that the only element of your
management system that you must report in the RMP is the name of the qualified
person or position with overall responsibility. Also note that changes to this data
element in your RMP do not require you to update your RMP.
_J_
feofreuf .' teoss
As a relatively large or complex facility, you will likely choose to identify several
people or positions to supervise the implementation of the various elements of the
program; therefore, you must define the lines of authority through an organizational
chart or similar document. Further, we expect that most facilities your size already
have an interest in formalizing internal communication and have likely developed
and maintained some type of documentation defining positions and responsibilities.
Any internal documents you currently have should be the starting point for defining
July 1998
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Chapter 5
Management System
the lines of authority at your facility. You may find that you can simply use or
update current documents to satisfy this part of the management system provision.
Exhibit 5-1 provides a sample of another type of documentation you may use in
addition to or as a replacement for an organization chart.
Defining the lines of authority and roles and responsibilities of staff that oversee the
risk management program elements will help to:
+ Ensure effective communication about process changes between divisions;
+ Clarify the roles and responsibilities related to process safety issues at your
facility;
+ Avoid problems or conflicts among the various people responsible for
implementing elements of the risk management program;
+ Avoid confusion and allow those responsible for implementation to work
together as a team; and
+ Ensure that the program elements are integrated into an ongoing approach to
identifying hazards and managing risks.
Remember that all of the positions you identify in your documentation will report
their progress to the person with overall responsibility for the program. However,
nothing in the risk management program rule prohibits you from satisfying the
management provision by assigning process safety committees with management
responsibility, provided that an organizational chart or similar document identifies
the names or positions and lines of authority.
July 1998
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Slg
Chapters
Management System
;f! ;• ?]!
Position
Operations Manager
Training Supervisor
Maintenance Supervisor
Hazmat Team Chief
5-4
EXHIBIT 5-1
SAMPLE MANAGEMENT DOCUMENTATION
Primary Responsibility
Developing OPs
Oversight of operation
On-the-job training
On-the-job competency testing
Process Safety Information
Selecting participants for PHAs,
incident investigations
Develop management of change and
pre-staitup procedures
Develop, track, oversee operator
training program
Track competency testing
Set up and track operator refresher
training
Set up training for maintenance
Work with contractors
Develop maintenance schedules
Oversee and document maintenance
Revise schedules as needed
Develop and exercise ER plan
Train responders
Test and maintain ER equipment
Coordinate with public responders
Select participants in accident
investigations
Changes
New Equipment
New Process Chemistry
New Process Parameters
New Procedures
Change in Process Utilization
New Equipment
New Process Chemistry
New Process Parameters
New Procedures
Change in Process Utilization
New regulatory requirements
New Equipment
New Process Chemistry
New Process Parameters
New Procedures
Change in Process Utilization
New Equipment
New Process Chemistry
New Process Parameters
New Procedures
Change in Process Utilization
New regulatory requirements
Responsibility re: Changes
Inform head of training
Inform head of maintenance
Inform lead for PHAs
Inform hazmat team as needed
Inform contractors
Revise training and refresher training
courses
Revise maintenance courses, as needed
Inform other leads of need for
additional training
Inform operations manager of potential
problem areas
Inform training supervisor of any
training revisions
Inform contractors
Revise schedules
Revise the ER plan as needed
Inform operations manager of problems
created by changes
Work with training supervisor to revise
training of team and others
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5-5
Chapter 5
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EXHIBIT 5-1
SAM PI, E MANAGEMENT DOCUMENTATION
Position
Primary Responsibility
Changes
Responsibility re: Changes
Health and Safety Officer
Oversee implementation of RMP
Develop accident investigation
procedures
Oversee compliance audits
Develop employee participation
plans
Conduct contractor evaluations
Track regulations
New Equipment
New Process Chemistry
New Process Parameters
New Procedures
Change in Process Utilization
New regulatory requirements
Inform all leads of new requirements
and assign responsibilities
Ensure that everyone is informed of
changes and that changes are
incorporated in programs as needed
July 1998
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I i
;:.,;-;
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CHAPTER 6: PREVENTION PROGRAM (PROGRAM 2)
6.1 ABOUT THE PROGRAM 2 PREVENTION PROGRAM
Most Program 2 processes are likely to be relatively simple and may be located at
small businesses. EPA developed the Program 2 prevention program by identifying
the basic elements that are the foundation of sound prevention practices — safety
information, hazard review, operating procedures, training, maintenance, compliance
audits, and accident investigation. By meeting :other Federal regulations, state laws,
industry codes and standards, and good engineering practices, you probably have
already met most of the Program 2 prevention elements requirements.
As important as each of the elements is, you will not gain the full benefit from them
unless you integrate them into a risk management system that you implement on an
on-going basis. For example, the hazard revieyy must be built on the safety
information; the results of the hazard review should be used to revise and update
operating and maintenance procedures. Workers must be trained in these procedures
and must use them every day.
You will have substantially less documentation and recordkeeping responsibilities
for a Program 2 process than you will for a Program 3 process. In addition, EPA is
working with various industry sectors to develop industry-specific risk management
programs for Program 2 and 3 processes. The industry-specific guidance will help
by giving standard elements for the sector that can be adopted for a particular
business in the sector. If there is an industry-specific program for your sector, you
can skip this chapter and use that guidance.
There are seven elements in the Program 2 prevention program, which is set forth
Subpart C of part 68. Exhibit 6-1 sets out each of the seven elements and
corresponding section numbers.
You must integrate these seven elements into a risk management program that you
and your staff implement on a daily basis. Understanding and managing risks must
be part of the way you operate. Doing so will provide benefits beyond accident
prevention. Preventive maintenance and routine inspections will reduce the number
of equipment failures and down time; well-trained workers, aware of optimum
operating parameters, will allow you to gain the most efficient use of your processes
and raw materials.
6.2 SAFETY INFORMATION (§ 68.48)
The purpose of this requirement is to ensure that you understand the safety-related
aspects of the equipment and processes you have, know what limits they place on
your operations, and adopt accepted standards and codes where they apply. Having
up-to-date safety information about your process is the foundation of an effective
prevention program. Many elements (especially the hazard review) depend on the
accuracy and thoroughness of the information this element requires you to provide.
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6-2
EXHIBIT 6-1
SUMMARY OF PROGRAM 2 PREVENTION PROGRAM
Number
§ 68.48
§ 68.50
§ 68.52
§ 68.54
§ 68.56
§ 68.58
§ 68.60
Section Title -•' • : ::.'-;V'\
Safety Information
Hazard Review
Operating Procedures
Training
Maintenance
Compliance Audits
Incident Investigation
f*f
''.SI'I'S
WHAT Do I NEED To Do?
You must compile and maintain safety information related to the regulated
substances and process equipment for each Program 2 process. You probably have
much of this information already as a result of complying with OSHA standards or
other rules. EPA has limited the information to what is likely to apply to the
processes covered under the Program 2 program. Exhibit 6-2 gives a brief summary
of the safety information requirements for Program 2.
How Do I START?
MSDSs. If you arc subject to this rule, you are also subject to the requirements to
maintain Material Safety Data Sheets under the OSHA Hazard Communication
Standard (HCS) (29 CFR 1910.1200). If you do not have an MSDS for a regulated
substance, you should contact your supplier or the manufacturer for a copy. Because
the rule states that you must have an MSDS that meets OSHA requirements, you may
want to review the MSDS to ensure that it is, iflfect,.complete. Besides providing
the chemical name, the MSDS for a regulated substance (or a mixture containing the
regulated substance) must describe the substance's physical and chemical
characteristics (e.g., flash point, vapor pressure), physical hazards (e.g.,
flammability, reactivity), health hazards, routes of entry, exposure limits (e.g., the
OSHA permissible exposure level), precautions for safe handling, generally
.applicable control measures, and emergency and first aid procedures. (See 29 CFR
1910.1200(g) for the complete set of requirements for an MSDS.)
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Chapter 6
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EXHIBIT 6-2
SAFETY INFORMATION REQUIREMENTS
You must compile and
maintain this safety
information:
•Material Safety Data
Sheets
•Maximum intended
inventory
•Safe upper and lower
parameters
•Equipment specifications
•Codes & standards used to
design, build, and operate
the process
You must ensure:
•That the process is designed
in compliance with
recognized codes and
standards
You must update the safety
information if:
•There is a major change at
your business that makes the
safety information inaccurate
Maximum Inventory. You must document the maximum intended inventory of any
vessel in which you store or process a regulated substance above its threshold
quantity. If you are not sure of the capacity of the vessel, you can obtain this
information from the manufacturer of the vessel. In some cases, this information will
be attached to the vessel itself.
You may want to check with any trade association or standards group that develops
standards for your industry to determine if there are any limitations on inventories.
For example, in some cases the maximum capacity of a tank may be 10,000 gallons,
but an industry standard may recommend that the tank never be filled to more than
85 percent capacity. If you follow the standard, your maximum inventory would be
8,500 gallons.
Storage and Process Limits. You must document the safe upper and lower
temperatures and pressures, process flows (if applicable), and compositions (if
applicable) for your process.
Every substance has limits on the temperature and pressures at which it can be stored
or used; these limits are determined by both the properties of the substance and the
vessels it which it is kept. If you do not know these limits, you should contact your
vendor, the substance manufacturer, or your trade association. They will be able to
provide the data you need. It is important that you know these limits so you can take
action to avoid situations where these limits may be exceeded. Many people are
aware of the dangers of overheating their vessels, but extreme low temperatures also
may pose hazards you should know about.
If you are moving substances through pipes or hoses, you need to define safe
temperatures and pressures for that movement; again, these limits will be determined
by both the substance and the piping. For example, the substance may tolerate high
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6-4
ill1 ', HV ! ' ill H,|. ill, '
pressures, but the pipes may have structural limits. To operate safely, you must have
this information. The pipe manufacturer will be able to provide these data.
If you are reacting chemicals, you need to understand whether the reaction will be
compromised if you vary the temperature or pressure. Again, it is important to
define both the upper and lower limits. Reactions may become unstable outside of
their limits and compromise safety. Check with the substance manufacturer for
information on this subject if you are uncertain about the limits for particular
substances you are using.
The requirement to compile and maintain information on process flows and
compositions will apply to you if you transfer substances through piping or hoses
and if you mix or react the substance. It is important in these cases that you
understand the safe limits for flow and composition. The pipe or hose vendors will
be able to provide you with me maximum flow rates that their products are designed
to handle. You must also be aware of any hazards that could be created if your
processes are contaminated; for example, if your substance or equipment could be
contaminated by water, you must know whether that creates clifferent hazards, such
as corrosion.
iiii'ii,
SfL
Aid1
ill"
For most Program 2 processes, reacting or mixing will not be an issue, but if you are
mixing or reacting regulated substances, you should understand what will happen if
the composition varies. If you are uncertain about the effects o¥ changing
composition and do not have a chemist or chemical engineer on your staff, the
substance manufacturer should be able to help you.
i
Equipment Specifications. You must document the specifications of any
;.J equipment you use to store, move, or react regulated substances in a covered process.
Equipment specifications will usually include information on the materials of
construction, actual design, and tolerances. The vendor should be able to provide
'"!! this information; you may have the specifications in your files from the time of
purchase. You are not expected to develop engineering drawings of your equipment
to meet this requirement, but you must be able to document that your equipment is
appropriate for the substances and activities for which it is used, and you must know
, ,;; what the limits of the equipment are.
'' ' ' ' ' '' ' ' i, n i| i n ' ,' ii, ,'i + i
::;;:, Specifications are particularly important if your vessels or pipes are not specifically
jjijj designed for your type of operation. Substances may react with certain metals or
, fc' corrode 'them if wate? is hitrpduced. You shoujd be sure that the vessels you
"(j«3! purchase or lease are appropriate for your operations. Understanding equipment
' • - specifications will help you when you need to buy replacement parts. Any such parts
"™; rJiust be appropriate for your existing equipment and your use of that equipment. It
:;;:; if not sufficient to replace parts with something that "fits" unless the new part meets
iijjji-'the specifications; substitution of inappropriate parts may create serious hazards.
„!«,, ijitilll , i>>!>, ;- :'•
I''HI }'•""! „ "Sill
Codes and Standards. You must document the codes and standards you used to
||||||i| KT'T'llj11'1'''"!111!!!1: ;!l!" !"it"..'!,: .Wl'l -" ^ ^' < 'T-9 V!r ' ! I'll.1", i.. < ilK* ':l! „ j^'llliirf';1;!' hi!'!'1;**""!1 >' -1! I hi ^ I I !,>„,.''" 'r .1 >*v ,„ i
Ill design and build your facility and that-you follow to operate. These codes will
i;;;;" probably include the electrical and building codes that you must comply with under
|jily 1998
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Chapter 6
Prevention Program (Program 2)
state or local laws. Your equipment vendors will be able to provide you with
information on the codes they comply with for their products. Exhibit 6-3 lists some
codes that may be relevant to your operation. Note that the National Fire Protection
Association (NFPA) codes may have been adopted as state or local codes. The
American National Standards Institute (ANSI) is an umbrella standards-setting
organization, which imposes a specific process for gaining approval of standards and
codes. ANSI codes may include codes and standards also issued by other
organizations.
EXHIBIT 6-3
CODES AND STANDARDS
ORGANIZATION
American National
Standards Institute (ANSI)
American Society of
Mechanical Engineers
(ASME)
American Petroleum
Institute (API)
National Fire Protection
Association (NFPA)
American Society for
Testing Materials
(ASTM)
SUBJECT/COBES
Piping, Electrical, Power wiring, Instrumentation, Lighting, Product
storage and handling, Insulation and fireproofing, Painting and coating,
Ventilation, Noise and Vibration, Fire protection equipment, Safety
equipment, Pumps, Compressors, Motors, Refrigeration equipment,
Pneumatic conveying
Power boilers, Pressure vessels, Compressors, Shell and tube exchangers,
Vessel components, General design and fabrication codes
Welded tanks, Rotating equipment, Bulk liquid storage systems
Fire pumps, Flammable liquid code, LNG storage and handling, Plant
equipment and layout, Electrical system design, Shutdown systems,
Pressure relief equipment, Venting requirements, Gas turbines and
engines, Cooling towers, Storage tanks
Inspection and testing, Noise and vibration, Materials of construction,
Piping materials and systems, Instrumentation
How Do I DOCUMENT ALL THIS?
EPA does not expect you to develop piles of papers to document your safety
information. Your MSDS(s) are usually three or four pages long. You only have to
keep them on file, as you already do for OSHA. Equipment specifications are
usually on a few sheets or in a booklet provided by the vendor; you need only keep
these on file. You can probably document the other information on a single sheet that
simply lists each of the required items and any codes or standards that apply. See
Exhibit 6-4 for a sample. Maintain that sheet in a file and update it whenever any
item changes or new equipment is added.
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6-6
EXHIBIT 6-4
SAMPLE SAFETY INFORMATION SHEET
PROPANE STORAGE
MSDS Propane
Maximum Intended Inventory
Temperature
Pressure
Flow Rate
Vapor Piping
Liquid Piping and Compressor
Discharge
Safety Relief Valves
Excess Flow Valve
Emergency Shutoff Valve
Codes and Standards
Piping Design
Tank Design
On file (1994)
400,000 pounds
Upper: max 110°F
Lower: min -15°F
Upper: 240 psi @ 1 10 °F
Lower: 35 psi@-15°F
Loading: 100 GPM (max)
Unloading: 265 GPM (max)
250 PSIG
350 PSIG
Each relieves 9,250 SCFM/air
RV 1 replaced 9/96
RV 2 replaced 6/97
RV 3 replaced 8/98
3", closes at 225 GPM with 100 PSIG inlet
2", closes at 100 GPM with 100 PSIG inlet
2", closes at 34,500 SCFH with 100 PSIG inlet
ESV 1 1/4", closes at 26,000 SCFH with 100 PSIG inlet
ESV 2", closes at 225 GPM with 100 PSIG inlet
Designed under NFPA-58-1985
ASMEB31-3
ASMENB#0012
II
The equipment specifications and list of standards and codes will probably meet the
requirement that you ensure that your process is designed in compliance with
, jn recognized and generally good engineering practices. If you have any doubt that you
'" " are meeting this requirement, your trade association may be helpful in determining if
there are practices or standards that you are not aware of that may be useful in your
operation.
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Chapter 6
Prevention Program (Program 2)
After you have documented your safety information, you should double check it to
be sure that the files you have reflect the equipment you are currently using. It is
important to keep this information up to date. Whenever you replace equipment, be
sure that you put the new equipment specifications in the file and consider whether
any of your other prevention elements need to be reviewed to reflect the new
equipment.
WHERE To Go FOR MORE INFORMATION
MSDSs. MSDSs are available from a number of websites. The University of
Vermont provides access to three university-maintained MSDS collections through
its website, http://www.hazard.com. The on-line databases usually have multiple
copies of MSDSs for each substance and can help you find an MSDS that is well
organized and easy to read. EPA has not verified the accuracy or completeness of
MSDSs on any of these sites nor does it endorse any particular version of an MSDS.
You should review any MSDS you use to ensure that it meets the requirements of
OSHA's hazard communication standard (29 CFR 1910.1200).
Guidance and Reports. Although the reports below target the chemical industry,
you may find useful information in them:
+ Guidelines for Process Safety Documentation, Center for Chemical Process
Safety of the American Institute of Chemical Engineers 1995.
4- Loss Prevention in the Process Industries, Volumes I, II, and III, Frank P.
Lees, Butterworths: London 1996.
6.3 HAZARD REVIEW (§ 68.50)
For a Program 2 process, you must conduct a hazard review. EPA has streamlined
the process hazard analysis (PHA) requirement of OSHA's PSM standard to create a
requirement that will detect process hazards at the simpler processes in Program 2.
The hazard review will help you determine whether you are meeting applicable
codes and standards, identify and evaluate the types of potential failures, and focus
your emergency response planning efforts. Most Program 2 processes will covered
by guidance for industry-specific risk management program guidance documents that
will provide help with this hazard review.
WHAT DO I NEED TO DO?
The hazard review is key to understanding how to operate safely on a continuous
basis. You must identify and review specific hazards and safeguards for your
Program 2 processes. EPA lists the types of hazards and safeguards in the rule.
Exhibit 6-5 summarizes things you must do for a hazard review.
April 17, 2000
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Chapter 6
Prevention Program (Program 2)
6-8
EXHIBIT 6-5
HAZARD REVIEW REQUIREMENTS
Conduct a review &
identify...
Use a guide for
conducting the
review.
Document results &
resolve problems.
Update your hazard
•review. • • •'-.••' •..;;•:• ; -'•
•The hazards
associated with the
Program 2 process &
regulated substances.
•Opportunities for
equipment malfunction
or human error that
could cause a release.
•Safeguards that will
control the hazards or
prevent the
malfunction or error.
•Steps to detect or
monitor releases.
•You may use any
checklist (e.g., one
provided in an
industry-specific risk
management program)
to conduct the review.
•For a process
designed to industry
standards like NFPA-
58 or Federal /state
design rules, check the
equipment to make
sure that it's fabricated,
installed, and operated
properly.
•Your hazard review
must be documented
and you must show that
you have addressed
problems.
•You must update
your review at least
once every five years
or whenever there is a
major change in the
process.
•You must resolve
problems identified in
the new review before
you startup the
changed process.
How Do I START?
•iii,
II;'!!'!':
f ,,,
There are tiiree possible approaches to conducting a hazard review; which you use
i,,; will depend on your particular situation.
1 ' '
Processes designed to legal or industry-specific codes. If your process was
designed and built to comply with a federal or state standard for your industry or an
industry-specific design code, your hazard review will be relatively simple. The
standard-setting organization has already conducted a hazard review for that type of
process, identified the hazards, and developed equipment and operating requirements
to minimize the risks. You can use the code or standard as a checklist. The purpose
of your review is to ensure that your equipment still meets the code and is being
operated in appropriate ways.
If you have a single vessel or other simple equipment, you can probably conduct the
~ .review relatively quickly. You will need a copy of the code or standards and
:: : : someone who is familiar with both the requirements and your equipment to ensure
that the person can reasonably assess your compliance. If you have an operating
engineer, he or she may be able to conduct the review. If you do not have any
technical staff, your vendor or trade association may be able to help you. If you seek
outside help, however, work with whoever conducts the review so that you
understand what they find.
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Chapter 6
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Industry checklist/industry-specific risk management program. If there is not a
single code or standard you must meet, you may want to use a checklist developed by
a third party, such as a national trade association. EPA and others are developing
guidance for industry-specific risk management programs for some industry sectors.
These models will include checklists you can use as the basis of your review.
The trade association or model developers will have already identified what your
hazards are and what types of equipment and procedures you should be using. Your
job is to use the checklist to decide if you meet the requirements and, if you do not,
whether you should. In some cases, your individual circumstances may make a
checklist item unnecessary.
As with an industry-specific standard, if you have an operating engineer or an
operator knowledgeable about the equipment and process, he or she may be able to
conduct the review. If you do not have any technical staff, your vendor or trade
association may be able to help you. If you seek outside help, however, work with
whoever conducts the review so that you understand what they find.
If you use the standards and models, you may have to modify them to address
the site-specific concerns. Never use someone else's checklist blindly. You must
be sure that it addresses all of your potential problems.
Develop your own checklist. If you have no industry standards or checklists, you
will have to conduct your own hazard review. As discussed in the requirements
section (Exhibit 6-5), the review must identify:
4- The hazards of the regulated substance and process;
4-, Possible equipment failures or human errors that could lead to a release;
4- Safeguards used or needed to prevent failures or errors; and
4- Steps used or needed to detect or monitor releases.
You will probably be able to define the hazards of the substance using the MSDS,
which lists the hazardous properties of the substance. The hazards of the process (as
opposed to the equipment) will be limited for most Program 2 processes. However,
if you react or mix chemicals, or your process could be contaminated by water or
other chemicals, you may have process hazards that you need to identify. Your
safety information should help here.
The next step may be to conduct a simplified "What If process, where your
technical staff ask "What if it stops or fails?" for each piece of equipment and "What
if the operator fails to do this?" for each procedure. Most industry standards and
codes have already considered these questions and developed responses in terms of
design standards and operating practices. If you are doing this on your own, the
important thing to remember is that you should not assume that an equipment failure
or human error will not happen. Ask whether the safeguards that you think protect
July 1998
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Chapter 6
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6-10
the equipment or operator are really adequate. In many cases, they may be adequate,
but it is useful to ask, to force yourself to examine your own assumptions.
CAUTION
|l HI »I' |, if
i=f • ! I1'-: I
if, 1
From this exercise, you should develop a checklist of items mat you need to take.
For example, if you have listed mixing tank pump failure as a possible problem, me
checklist might then include the following items to check: pump maintenance plans,
tank-high-level alarms, overflow tanks. You would also want to ask what effect a
power outage would have on the pump. You may want to consider the particular
procedures that have to be followed for safe operation of the equipment and ask what
will happen if an operator omits a step or does them out of order. Do your
procedures address:these possible problems? Will failure of the pump affect the safe
operating limits you have documented in your safety information?
When you finish the checklist, it is useful to show it to your operators. They are
familiar with the equipment and may be able to point out other areas of concern. A
review with your vendors or trade association may also help; their wider knowledge
of the industry may give them ideas about failures you may not have experienced or
considered.
You may also use any of the other techniques described in Appendix 7 A to Chapter
7. These techniques generally require more trained staff and more time; they are
particularly appropriate for processes that involve reacting or manufacturing
chemicals.
Whichever approach you use, you should consider reasonably anticipated external
events as well" as internal failures. If you are in an area subject to earthquakes,
hurricanes, or floods, you should examine whether your process would survive these
natural events without releasing the substance. In your hazard review, you should
.consider the potential impacts of lightning strikes and power failures. If your
process could be hit by vehicles, you should examine the consequences of that. If
you have anything near the process that could burn, ask yourself what would happen
if the fee affected the process. For example, if you nave a propane tank and an
ammonia tank at your facility and they are close to each other, when you look at the
ammonia tank you should consider what a fire in the propane tank would do to the
ammonia, These considerations may not be part of standard checklists or model
programs.
In addition, you may want to check with vendors, trade associations, or professional
organizations to determine if there are new standards for safety systems or designs,
or jfmere are detection or mitigation systems mat may be applicable to your process
that you should consider when you evaluate your existing equipment. If your
equipment is designed and built to an earlier version of a standard, you should
consider whether upgrades are needed.
July 1998
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Chapter 6
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RESPONDING TO FINDINGS
The person or persons who conduct the review should develop a list of findings and
recommendations. You must ensure that problems identified are addressed in a
timely manner. EPA does not require that you implement every recommendation. It
is up to you to decide which recommendations are necessary and feasible. You may
decide that other steps are as effective as the recommended actions or that the risk is
too low to merit the expense. You must, however, document your decision on each
recommendation. If you are implementing a recommendation, you should document
the schedule for implementation. If you are taking other steps to address the problem
or decide the problem does not merit action, you should document the basis for your
decision.
DOCUMENTING THE REVIEW
You should maintain a copy of the checklist you used. The easiest way to document
findings is to enter them on the checklist after each item. This approach will give
you a simple, concise way of keeping track of findings and recommendations. You
may also want to create a separate document of recommendations that require
implementation or other resolution. Exhibit 6-6 is an extract from the checklist
developed for the guidance for a propane risk management program; it provides a
sample of the level of detail needed in a checklist and a format for documenting your
findings.
EXHIBIT 6-6
SAMPLE CHECKLIST (EXTRACT)
Piping, Equipment, Container Appurtenances
1 . On installations with stairways and ladders, are
catwalks provided so personnel need not walk on any
portion of the vessel?
2 Is piping designed in accordance with ASME B31.3,
1993 edition?
Pump and compressor discharge and liquid transfer
lines shall be suitable for a working pressure of 350 psi
(3-2.8.2(a) of NFPA 58, 1 995 edition)
Vapor piping shall be suitable for a working pressure of
250 psi (3-2.8.2(b of NFPA 58, 1995 edition)
3. Is the capacity of the pressure relief devices designed
as specified in 2-3.2 and 3-2.5 of NFPA 58, 1995
edition?
Yes/No/NA
Comments
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Prevention Program (Program 2)
6-12
Piping, Equipment, Container Appurtenances
4. Are appropriate level gauges, temperature indicators,
and pressure gauges installed on fixed ASME storage
tanks as specified in 2-3.3.2(b), 2-3.3.3, 2.3.4, 2.3.5 of
NFPA 58, 1995 edition?
5. Are appropriate hydrostatic relief valves installed
between every section of liquid piping, which can be
blocked by manual or automatic valves as specified in 2-
4.7 and 3-2.9 of NFPA 58, 1995 edition?
6. Is appropriate corrosion protection installed as
required by 3-2.12 of NFPA 58, 1995 edition?
7. On installations with pumps, are they installed as
specified in 3-2.13 of NFPA 58, 1995 edition?
On installations with an automatic bypass valve, are they
installed on the discharge of the pump as specified in 3-
2.13(b)(l) and 2-5.2 of NFPA 58, 1995 edition?
Yes/No/NA
Comments
UPDATES
You must update the review every five years or whenever a major change hi a
process occurs! For most Program 2 processes, major changes are likely to occur
i| I, JIH || i |;,,'i:i'!lll|i,:| 4,1,1 i1 ,,'i'L, , , ,1,,'i 'I1 i hi' , "hi,:, Millnl P ', , ' 'M "" •" I* ,, r,ii,i J "I ' • ii inn T^f || i iii TI, ,1,5 ,, ,•!,•: i, • , mi",
infrequently. If you install a new tank next to an existing one, you would want to
consider whether the closeness of the two creates any new hazards. Replacing a tank
with an identical tank would not be considered a change. Replacing a tank with a
new type of tank should trigger an update. Changing process composition or safe
operating limits is considered a major change. Even if changes prove to be minor,
you should examine the process carefully before starting. Combining old and new
equipment can sometimes create unexpected hazards. You will operate more safely
if you take the time to evaluate the hazards before proceeding.
WHERE To Go FOR MORE INFORMATION
Although the reports below target the chemical industry, you may find useful
information in them:
n III1'HI ML
Guidelines for Hazard Evaluation Procedures, 2nd Ed. with Worked
examples, Center for Chemical Process Safety of the American Institute of
Chemical Engineers 1992.
Evaluating Process Safety in the Chemical Industry, Chemical
Manufacturers Association.
Loss Prevention in the Process Industries, Volumes I, II, and III Frank P.
Lees, Butterworths: London 1996.
II i,
.July 1998
Ill >',( ill
nil
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6-13
Chapter 6
Prevention Program (Program 2)
4- Management of Process Hazards (R.P. 750), American Petroleum Institute.
4 Risk-Based Decision Making (Publication 16288), American Petroleum
Institute.
6.4 OPERATING PROCEDURES (§ 68.52)
Written operating procedures describe in detail what tasks a process operator must
perform, set safe process operating parameters that must be maintained, and set
safety precautions for operations and maintenance activities. These procedures are
the guide for telling your employees how to work safely everyday, giving everyone a
quick source of information that can prevent or mitigate the effects of an accident,
and providing workers and management with a standard against which to assess
performance.
WHAT Do I NEED TO Do?
You must prepare written operating procedures that give workers clear instruction
for safely conducting activities involving a covered process. You may use
standardized procedures developed by industry groups or provided in
industry-specific risk management program guidances as the basis for your operating
procedures, but be sure to check that these standard procedures are appropriate for
your activities. If necessary, you must update your Program 2 operating procedures
whenever there is a major change and before you startup the changed process.
Exhibit 6-7 briefly summarizes what your operating procedures must address.
EXHIBIT 6-7
OPERATING PROCEDURES REQUIREMENTS
Steps for each operating phase
•Initial startup
•Normal operations
•Temporary operations
•Emergency shutdown
•Emergency operations
•Normal shutdown
•Startup following a normal or emergency shutdown or
a major change
Other Procedures
•Consequences of deviating
•Steps to avoid, correct deviations
•Equipment inspections
Your operating procedures must be:
4- Appropriate for your equipment and operations;
4- Complete; and
4- Written in language that is easily understood by your operators.
July 1998
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6-14
The procedures do not have to be long. If you have simple equipment that requires a
..i i mil i few basic steps, that is all you have to cover.
i ill'i nl ili'i hi 11 ' * : ' "• i' i . •"' ' "i1 • : »' ,,iii' • ' ''ii1'1 !'•'" ,.' i i'i'T ll 'i1'"' >,.i,i lf i, ",'|! ' 'Si1 .*' 1 "i
How Do I START?
If you already have written procedures, you may not have to do anything more.
Review the procedures. You may want to watch operators performing the steps to be
sure that the procedures are being used and are appropriate. Talk with the operators
to identify any problems they have identified and any improvements tney may have
made. When you are satisfied that they meet the criteria listed above, you are
finished. You may want to check them against any recommended procedures
provided by equipment manufacturers, trade associations, or standard setting
organizations, but you are not required to do so. You are responsible for ensuring
that the procedures explain how to operate your equipment and processes safely.
a : i, i •
If you do not have written procedures, you may be able to review your standard
procedures with your operators and write them down. You also may want to check
with equipment manufacturers, trade associations, or standard setting organizations.
They may have recommended practices and procedures that you can adapt. Do not
accept anyonei "else's procedures without checking to be sure that they are adequate
and appropriate for your particular equipment and uses and are written in language
that your operators will understand. You may also want to review any requirements
imposed under state or federal rules. For example, if you are subject to federal rules
for loading and unloading of hazardous materials, those rules may dictate some
procedures. Copies of these rules are sufficient for those operations if your operators
pan understand and use them.
WHAT Do THESE PROCEDURES MEAN?
The rule lists eight procedures. Not all of them may be applicable to you. The
following is a brief description to help you decide whether you need to develop
procedures for each item. If a particular element does not apply, do not spend any
time on it. We do not expect you to create a document that is meaningless to you.
You should spend your time on items that will be useful to you.
Initial Startup. This item applies primarily to facilities that process or use
substances and covers all the steps you need to take before you start a process for the
first time. You should include all the steps needed to check out equipment as well as
(the steps needed to start the process itself. If you simply store a regulated substance,
there is no startup. Warehouses, for example, will probably not have procedures for
startup. Retailers who store a substance and download it should have procedures for
checking out and loading the vessel for the first time for this item.
Normal Operations. These procedures should cover your basic operations. If you
are a warehouse, these would include stacking, moving, and repackaging, if you do
that. For retailers, they would cover loading and downloading. For users, the
procedures would include all the steps operators take to check the process and ensure
that equipment is functioning properly and substances are flowing or mixing
July 1998
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6-15
Chapter 6
Prevention Program (Program 2)
appropriately. These are your core procedures that you expect your operators to
follow on a daily basis to run your processes safely.
Temporary Operations. These operations are short-term; they will usually occur
either when your regular process is down or when additional capacity is needed for a
limited period. The procedures should cover the steps you need to take to ensure that
these operations will function safely. The procedures will generally cover
pre-startup checks and determinations (e.g., have you determined what the maximum
flow rate will be). The actual operating procedures for running the temporary
process must be written before the operation is put into place.
This item may apply to most facilities. Even warehouses may need to consider
procedures to ensure that if a new substance or product is brought into the warehouse
for temporary storage, the necessary steps are taken before that storage to ensure that
it is safe (e.g., barrels are not stacked too high or located with incompatible
substances). If it is possible that you will operate your process in a way that is not
covered under normal operations, you should have procedures for temporary
operations. If you will simply shutdown your process (e.g., stop unloading the
substance), you can ignore this item.
Emergency Shutdowns and Operations. These procedures cover the steps you
need to take if you must shutdown your process quickly. For most Program 2
facilities, these procedures will be brief because shutting a process down will be
little different in an emergency than in ordinary circumstances; you will simply shut
off the flow or stop any unloading or loading. For warehouses, they may not apply.
If you have a more complex process (e.g., one that operates under high pressure or
temperature), you will need procedures to ensure that you can shutdown safely.
Normally you gradually reduce flows, depressurize, and lower temperatures. If you
need to do any of these quickly, you must have procedures that identify the steps
workers should take to carry out these operations, safely.
Normal Shutdown. These procedures apply mainly to facilities that process or use
regulated substances. They may apply to you even if you only store a substance and
you empty the tank for cleaning. These procedures probably will not apply to
warehouses unless they repackage.
These procedures should provide all the steps needed to stop a process safely. For a
complex process or one that operates under extreme conditions, shutdown may take
considerable time and may be hazardous. The procedures should set out the time
that should be taken and the checks that must be made before proceeding to the next
steps.
Startup following a normal or emergency shutdown or a major change. These
procedures may be similar to those for initial startup. Startup procedures following
normal shutdown may include fewer equipment checks because you may not need to
check equipment on a frequent basis. You should include all the steps your workers
should take to ensure that the process can operate safely. Startup after an emergency
shutdown will generally require more checks to ensure that valves that were closed
July 1998
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Chapter 6
Prevention Program (Program 2)
6-16
are open and that they and other equipment are still functioning properly. These
procedures will be limited if you only store a substance; they may not apply to
warehouses in most instances.
Consequences of Deviations. Your operating procedures should tell the workers
what will happen if something starts to go wrong. For example, if the pressure or
'temperature begins to rise or fall unexpectedly or the flow rate from one feed
suddenly drops sharply, the operator must know (1) whether this poses a problem
that must be addressed, and (2) what steps to take to correct the problem or otherwise
respond to it. Your safety information will have defined the safe operating limits for
your substances and processes; the hazard review will have defined the possible
consequences and the steps needed to prevent a deviation from causing serious
problems. You should include this information in each of the other procedures
(startup, normal operations, shutdowns), rather than as separate documents.
If your substance is one that has a distinctive odor, color, or other characteristic that
operators will be able to sense, you should include in your procedures information
about what to do if they notice leaks. Frequently, people are the most sensitive leak
detectors. Take advantage of their abilities to catch leaks before they become
serious.
Equipment Inspections. You should include steps for routine inspection of
equipment by operators as part of your other procedures. These inspections cover
the items that operators should look for on a daily basis to be sure that the equipment
is running safely (e.g., vibration checks). These inspections are not the same as
those detailed checks that maintenance workers will perform, but rather are the
"eyeball," "sound," and "feel" tests that experienced operators do, often without
realizing it. Your operators, your vendors, and your trade association can help you
define the things that should trigger concern: When is a small leak at a seal normal;
when is .it, a cause, of concern? ^IJow much, vibration is nopnal? What does a
smoothly running motor sound like?
UPDATING PROCEDURES
You must update your procedures whenever you change your process in a way that
alters the steps needed to operate safely. If you add new equipment, you will need to
1 ! :™ expand your procedures or develop a separate set to cover the new items. Whenever
you change your safety information you should review your procedures to be sure
that they are still appropriate. Anytime you conduct a hazard review, check your
operating procedures as you implement changes to address hazards.
WHAT KIND OF DOCUMENTS Do I HAVE TO KEEP?
You must maintain your current set of operating procedures. You are not required to
keep old versions; in fact, you should avoid doing so because keeping copies of
outdated procedures may cause confusion. You should date all procedures so you
will know when they were last updated.
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Chapter 6
Prevention Program (Program 2)
WHERE To Go FOR MORE INFORMATION
Although the reports below target the chemical industry, you may find useful
information in them:
+ Guidelines for Process Safety Fundamentals for General Plant Operations,
Center for Chemical Process Safety of the American Institute of Chemical
Engineers 1995.
+ Guidelines for Safe Process Operations and Maintenance, Center for
Chemical Process Safety of the American Institute of Chemical Engineers
1995
+ Guidelines for Writing Effective Operating and Maintenance Procedures,
Center for Chemical Process Safety of the American Institute of Chemical
Engineers 1996.
6.5 TRAINING (§ 68.54)
Training programs often provide immediate benefits because trained workers have
fewer accidents, damage less equipment, and improve operational efficiency.
Training gives workers the information they need to understand how to operate
safely and why safe operations are necessary. A training program, including
refresher training, is the key to ensuring that the rest of your prevention program is
effective. You already have some type of training program because you must
conduct training to comply with OSHA's Hazard Communication Standard (29 CFR
1910.1200).
WHAT Do I NEED TO Do?
You must train all new workers in your operating procedures developed under the
previous prevention program element; if any of your more experienced workers need
training on these procedures, you should also train them. Any time the procedures
are revised, you must train everyone using the new procedures. At least once every
three years, you must provide refresher training on the operating procedures even if
they have not changed. The training must cover all parts of the operating
procedures, including information on the consequences of deviations and steps
needed to address deviations.
For workers already operating a process, you may certify in writing that the
employees have the "required knowledge, skills, and abilities to safely carry out the
duties and responsibilities as provided in the operating procedures" (§ 68.54(a)).
This "grandfather clause" means that you do not need to conduct additional training
for workers you employed prior to June 21, 1999, who have the appropriate
knowledge and skills to operate covered processes safely, in accordance with the
operating procedures. This certification should be kept in your files; you do not need
to submit it to EPA.
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6-18
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You are not required to provide a specific amount of training or type of training.
You should develop a training approach that works for you. If you are a small
facility, one-on-one training and on-the-job training may work best. Larger facilities
may want to provide classroom training or video courses developed by vendors or
trade associations before moving staff on to supervised work. You may have senior
operators present the training or use trainers provided by vendors or other outside
spufcgs, Tj^e form and the length of the training will depend on your resources and
your processes' If you can teach someone the basics in two hours and move them on
to supervised work, that is all right: The important thing is that your workers
understand how to operate safely and can carry out their tasks properly. We are
iaterested "in the results rof "the trainmg, not" the "details of how you achieve them.
Fin"d a system" that works for you. Exhibit 6-8 Iistslmngs mat you may find useful in
developing your training program.
J 'i" • ••• - i<*. i! is" 'sil • You are"also required to' ensure mat each' worker trained has understood the training
and is competent to operate the process safely. You may decide what kind or kinds
flif^ ' of competencytesting to use.' t)bservatibn by"a"s"embr operator "may "be'appropriate
i™ in many cases. If you provided classroom training, you may want to use both testing
and demonstration or observation. You are required to report in the RMP on the
rype(s) oif competency testing you use.
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EXHIBIT 6-8
TRAINING CHART
•Who needs training?
•What are the
objectives?
•How will you meet the
training objectives?
•Is your training
program working?
•How will your
program work for new
hires and refresher
training?
Clearly identify the employees who need to be trained and the subjects to be
covered.
Specify learning objectives, and write them in clear, measurable terms before
training begins. Remember that training must address the process operating
procedures.
Tailor the specific training modules or segments to the training objectives.
Enhance learning by including hands-on training like using simulators whenever
appropriate. Make the training environment as much like the working
environment as you can, consistent with safety. Allow your employees to
practice their skills and demonstrate what they know.
Evaluate your training program periodically to see if your employees have the
skills and know the routines required under your operating procedures. Make
sure that language or presentation are not barriers to learning. Decide how you
will measure your employees' competence.
Make sure all workers - including maintenance and contract employees - receive
initial and refresher training. If you make changes to process chemicals,
equipment, or technology, make sure that involved workers understand the
changes and the effects on then-jobs.
July 1998
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Chapter 6
Prevention Program (Program 2)
How DOES THIS TRAINING FIT WITH OTHER REQUIRED TRAINING?
You are required by OSHA to provide training under the Hazard Communication
Standard (29 CFR 1910.1200); this training covers the hazards of the chemicals and
steps to take to prevent exposures. DOT has required training for loading and
unloading of hazardous materials (49 CFR part 172, subpart H). Some of that
training will cover items in your operating procedures. You do not need to repeat
that training to meet EPA's requirements. You may want to integrate the training
programs, but you do not have to do so.
WHAT KIND OF DOCUMENTATION Do I NEED TO KEEP?
In the RMP, you are required to report on the date of the most recent review or
revision of your training program. You are also required to report on the type of
training required (e.g., classroom or on-the-job) and the type of competency testing
used. You should keep on site any current training materials or schedules used. The
rule does not require you to keep particular records of your training program. It is
enough for you to have on site information that supports what is reported in the RMP
and your implementation of the training program overall. You may want to keep an
attendance log for any formal training courses and refresher training to ensure that
everyone who needs to be trained is trained. Such logs will help you perform a
compliance audit or demonstrate compliance with the rule although you are not
required to keep logs for this rule.
WHERE To Go FOR MORE INFORMATION
+ Guidelines for Process Safety Fundamentals for General Plant Operations,
Center for Chemical Process Safety of the American Institute of Chemical
Engineers 1995.
+ Guidelines for Technical Planning for On-Site Emergencies, Center for
Chemical Process Safety of the American Institute of Chemical Engineers
1995.
4- Federally Mandated Training and Information (Publication 12000),
American Petroleum Institute.
6.6 MAINTENANCE (§ 68.56)
Preventive maintenance, inspection, and testing of equipment is critical to safe
operations. Waiting for equipment to fail often means waiting for an accident that
could harm people and the environment. Further, a thorough maintenance program
will save you money by cutting down-time caused by equipment failures. Your
hazard review and safety information will have identified equipment that is critical to
safe operations. You should use that information to build your maintenance
program.
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Chapter 6
Prevention Program (Program 2)
6-20
WHAT Do I NEED TO Do?
i
You must prepare and implement procedures for maintaining the mechanical
integrity of process equipment, and train your workers in the maintenance
procedures. You may use procedures or instructions from equipment vendors, in
Federal or state regulations, or in industry codes as the basis of your maintenance
program. You should develop a schedule for inspecting and testing your equipment
based on manufacturers' recommendations or your own experience if that suggests
more frequent inspection or testing is warranted. Exhibit 6-9 briefly summarizes the
elements of a maintenance program that would satisfy EPA's rule.
How Do I START?
Your first step will probably be to determine whether you already meet all these
requirements. If you review your existing written procedures and determine that
they are appropriate, you do not need to revise or rewrite them. If your workers are
already trained in the procedures and carry them out, you may not need to do
anything else.
If you do not have written procedures, you will need to develop them. Your
equipment vendors may be able to provide procedures and maintenance schedules.
Using these as the basis of your program is acceptable unless your use varies from
that contemplated by the vendor or manufacturer (see below). Your trade
association may also be able to help you with industry-specific checklists. If there
are existing industry standards, your trade association can provide you with the
references. Copies of these may form the basis for your maintenance program. If
mere are federal or state regulations that require certain maintenance, you should use
these as well.
EXHIBIT 6-9
MAINTENANCE GUIDELINES
Written procedures
•You may use
procedures provided
by the vendor or trade
association, etc., as the
basis for your
program. Ifyou
choose to develop
your own, you must
write them down.
Training
•Train process maintenance
employees in process hazards
and how to avoid or correct
an unsafe condition.
•Make sure this training
covers the procedures
applicable to safe job
performance.
Inspection & testing
•Inspect & test process
equipment.
•Use recognized and generally
accepted good engineering
practices.
•Follow a schedule that matches
the manufacturer's
recommendations or that prior
operating experience indicates
is necessary.
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Chapter 6
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You need to determine if procedures provided by vendors, manufacturers, trade
associations, or others are appropriate for your operation. If your safety information
indicates that you are operating in a standard way (e.g., using only parts designed for
refrigeration service in your cold storage system), you may assume that these other
procedures will work for you. If you are using equipment for purposes other than
those for which it was designed, you need to decide whether your use changes the
kinds of maintenance required.
TRAINING
Once you have written procedures, you must ensure that your maintenance workers
are trained in the procedures and in the hazards of the process. As with the training
discussed in the previous section, how you provide this training is up to you. We
believe that you are in the best position to decide how to train your workers.
Vendors may provide the training or videos; you may already provide training on
hazards and how to avoid or correct them as part of Hazard Communication Standard
training under OSHA regulations. You do not need to repeat this training to comply
with mis rule.
If you hire contractors to do your maintenance, you should ensure that they are
trained to carry out the procedures. Under the rule, any maintenance contractor is
required to ensure that each contract maintenance worker is trained to perform the
maintenance procedures developed by the facility. You can help this process by
providing training or developing agreements with the contractor that assure you that
only trained workers will be sent to your site. For any outside worker, you must
ensure that they are informed of the hazards of your particular process. If you have
standard equipment and hire contractors that specialize in servicing your types of
processes, you can ensure their knowledge through agreements with the contractor.
INSPECTION AND TESTING
You must establish a schedule for inspecting and testing equipment associated with
covered processes. The frequency of inspections and tests must be consistent with
manufacturer's recommendations, industry standards or codes, good engineering
practices, and your prior operating experience. In particular, you should use your
own experience as a basis for examining any schedules recommended by others.
Many things may affect whether a schedule is appropriate. The manufacturer may
assume a constant rate of use (e.g., the amount of substance pumped per hour). If
your use varies considerably, the variations may affect the wear on the equipment.
Extreme weather conditions may also impact wear on equipment.
Talk with your operators as you prepare or adopt these procedures and schedules. If
their experience indicates that equipment fails more frequently than the manufacturer
expects, you should adjust the inspection schedule to reflect that experience. Your
hazard review will have identified these potential problem areas as well and should
be used as you develop schedules. For example, if you determine that corrosion is
one of the hazards of the process, your schedule must address inspections for
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Chapter 6
Prevention Program (Program 2)
6-22
corrosion and replacement before failure. Your trade association may also be able to
provide advice on these issues.
WHAT KIND OF DOCUMENTATION MUST I KEEP?
La the RMP, you are required to report on the date of the most recent review or
revision of your maintenance procedures and the date of the most recent equipment
inspection or test and equipment inspected or tested. You must keep on site your
written procedures and schedules as well as any agreements you have with
contractors. The rule does not require that you keep particular records of your
maintenance program. It is enough for you to have on site information that supports
what is reported in the RMP and your implementation of the maintenance program
overall. For example, you may want to keep maintenance logs to keep track of when
inspections and tests were done.
WHERE To Go FOR MORE INFORMATION
Codes and Standards: The following groups develop codes and standards that may
help you determine the appropriate frequency and methods to use for testing and
inspection: National Board Inspection Code, the American Society for Testing and
Material, American Petroleum Institute, National Fire Protection Association,
American National Standards Institute, American Society of Mechanical Engineers.
Guidance and Reports. Although the reports below target the chemical industry, you
may find useful information in them:
i
+ Guidelines for Equipment Reliability Data with Data Tables, Center for
Chemical ProcessSafety of the AmericanInstitute of Chemical Engineers
'. 1989. "
.' . . . -'.' ' " I.:' :: - ." - " :
+ Guidelines for Process Safety Documentation, Center for Chemical Process
Safety of the American Institute of Chemical Engineers 1995.
Pressure Vessel Inspection Code: Maintenance Inspection, Rating, Repair,
and Alteration (API 510), American Petroleum Institute.
Tank Inspection, Repair, Alteration, and Reconstruction (Std 653), American
Petroleum Institute.
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Chapter 6
Prevention Program (Program 2)
Q&A
MAINTENANCE
Q. I have an chlorine tank for water treatment. I lease the tank from the chlorine supplier, who does
all the maintenance. My staff never work on the equipment. How I do meet this requirement?
A. As part of your contract with the supplier, you should gain an agreement, in writing, that the
supplier will provide maintenance and trained maintenance workers that meet the requirements of 40
CFR 68.56.
6.7 COMPLIANCE AUDITS (§ 68.58)
Any risk management program should be reviewed periodically to ensure that
employees and contractors are implementing it properly. A compliance audit is a
way for you to evaluate and measure the effectiveness of your risk management
program. An audit reviews each of the prevention program elements to ensure that
they are up-to-date and are being implemented and will help you identify problem
areas and take corrective actions. As a result, you'll be running a safer operation.
WHAT Do I NEED TO Do?
At least every three years, you must certify that you have evaluated compliance with
for the prevention program requirements for each covered process. At least one
person on your audit team must be knowledgeable about the covered process. You
must develop a report of your findings, determine and document an appropriate
response to each finding, and document that you have corrected any deficiency.
You must review compliance with each of'the required elements of the prevention
program. Because Program 2 processes are generally simple, the audit should not
take a long time. You may want to develop a simple checklist; Exhibit 6-10 provides
a sample format.
Once you have the checklist, you, your chief operator, or some other person who is
knowledgeable about your process, singly or as a team, should walk through the
facility and check on relevant items, writing down comments and recommendations.
For example, you may want to talk with employees to determine if they have been
trained and are familiar with the procedures.
You must respond to each of the findings and document what actions, if any, you
take to address problems. You should take steps to correct any deficiencies you find.
You may choose to have the audit conducted by a qualified outside party. For
example, you may have someone from another part of your company do the audit or
hire an expert in your process. If you do either of these, you should have an
employee who works with or is responsible for the process accompany the auditor,
both to understand the findings and answer questions.
July 1998
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III
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Chapter 6
Prevention Program (Program 2)
6-24
lb^^^
Again, the purpose of the compliance audit is to ensure that you are continuing to
implement the risk management program as required. Remember, the risk
management program is an on-going process; it is not a set of documents that you
develop and put on a shelf in case the government inspects your site. To be in
compliance with (and gain the benefits of) the rule, procedures must be followed on
a daily basis; documents must be kept up to date. The audit will check compliance
with each prevention program element and indicate areas that need to be improved.
You may choose to expand the scope to cover your compliance with other parts of
the rule and the overall safety of your operation, but you are not required to do so.
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WHAT KIND OF DOCUMENTATION MUST I KEEP?
You must keep a written record of audit findings and your response to those findings
and documents that deficiencies have been corrected. You must keep the two most
recent audit reports, but you need not keep a report that is more than five years old.
You may also want to keep a record of who conducted the audit, but you are not
required to do this.
, .;• :„:;- i1 -1,:,; • -/MI • • , : • '. • • • ;• r,1 : , • "j,j:..,.[: i11 .• - .i1111 - . : • •• . :
WHERE To Go FOR MORE INFORMATION
Guidelines for Auditing Process Safety Management Systems, Center for
Chemical Process Safety of the American Institute of Chemical Engineers
1993.
in 'i : i1!" in
Q&A
AUDITS
Q. Does the compliance audit requirement cover all of the Part 68 requirements or just the
prevention program requirements?
A. The compliance audit requirement applies only to the prevention programs under Subpart C.
If you have a Program 2 process, you must certify that you have evaluated compliance with the
Program 2 prevention program provisions at least every three years to verify that the procedures
and practices developed under the rule are adequate and are being followed. You may want to
expand your audit to check other part 68 elements, but you are not required to do so.
1 1-:;. 1
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July 1998
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6-25
Chapter 6
Prevention Program (Program 2)
EXHIBIT 6-10
SAMPLE AUDIT CHECKLIST
FOR SAFETY INFORMATION AND HAZARD REVIEW
/ , Element ~ " '
Safety Information
MSDSs up-to-date?
Maximum intended inventory determined?
Determined
Safe upper and lower temperature?
Safe upper and lower pressures?
Safe process flow rates?
Compositions?
Equipment specifications
Tanks?
Piping?
Pressure relief valves?
Emergency shutoff valves?
Gauges?
Pumps?
Compressors?
Hoses?
Hazard Review
Has equipment been inspected to determine if
it is designed, manufactured, installed, and
operated according to industry standards and
vOlil.'"-','
\rc the results of the inspections
documented?
Have inspections been conducted after every
major change?
, .*Y««SNa/NA x
Action/Completion Data
6.8 INCIDENT INVESTIGATION (§ 68.60)
Incidents can provide valuable infonnation about site hazards and the steps you need
to take to prevent accidental releases. Often, the immediate cause of an incident is
the result of a series of other problems that need to be addressed to prevent
recurrences. For example, an operator's mistake may be the result of poor training.
Equipment failure may result from improper maintenance or misuse. Without a
July 1998
-------
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Chapter 6
Prevention Program (Program 2)
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6-26
thorough investigation, you may miss the opportunity to identify and solve these
problems.
WHAT Do 1 NEED TO Do?
i ' "
You must investigate each incident which resulted in, or could have resulted in, a
catastrophic release of a regulated substance. A catastrophic release is one that
presents an imminent and substantial endangerment to public health and the
environment. Exhibit 6-11 briefly summarizes the steps you must take for
investigating incidents. You should also consider investigating minor accidents or
near misses because they may help you identify problems that could lead to more
serious accidents; however, you are not required to do so under part 68.
6-i
INCIDENT
•Initiate an investigation promptly.
•Summarize the investigation in a report.
•Address the report's findings and
recommendations.
•Review the report with your staff and
contractors.
•Retain the report
Begin investigating no later than 48 hours
following the incident.
Among other things, the report must identify the
factors contributing to the incident. Remember
that identifying the root cause may be more
important than identifying the initiating event
The report must also include any
recommendations for corrective actions.
Remember that the purpose of the report is to
help management take corrective action.
Establish a system to address promptly and
resolve the incident report findings and •
recommendations and document resolutions and
corrective actions.
You must share the report - its findings and
recommendations - with affected workers whose
job tasks are relevant to the incident.
Keep incident investigation summaries for five
years.
How Do I START?
July 1998
You should start with a simple set of procedures that you will use to begin an
investigation. You may want to assign someone to be responsible for compiling the
initial incident data and putting together the investigation team. If you have a small
facility, your "team" may be one person who works with the local responders, if they
were involved.
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6-27
Chapter 6
Prevention Program (Program 2)
The purpose of the investigation is to find out what went wrong and why, so you can
prevent it from happening again. Do not stop at the obvious failure or "initiating
event" (e.g., the hose was clogged, the operator forgot to check the connection); try
to determine why the failure occurred. In many cases, the underlying cause will be
what matters (e.g., the operator did not check the connection because the operating
procedures and training did not include this step). If the accident occurred because
of operator error, you should determine if the operator made the mistake because he
or she had been trained inadequately or trained in the wrong procedures or because
design flaws made mistakes likely. If you write off the accident as operator error
alone, you miss the chance to take the steps needed to prevent such errors the next
time. Similarly, if equipment fails, you should try to decide whether it had been used
or maintained improperly.
Remember, your goals are to prevent accidents, not to blame someone, and correct
any problems in your prevention program. In this way, you can prevent recurrences.
In some cases, an investigation will not take long. In other cases, if you have a
complex facility, equipment has been severely damaged, or the workers seriously
hurt, an investigation may take several days. You should talk with the operators who
were in the area at the time and check records on maintenance (another reason for
keeping logs). If equipment has failed in an unusual way, you may need to talk to
the manufacturer and your trade association to determine if similar equipment has
suffered similar failures.
You must develop a summary of the accident and its causes and make
recommendations to prevent recurrences. You must address each recommendation
and document the resolution and any actions taken. Finally, you must review the
findings with operators affected by the findings.
WHAT KIND OF DOCUMENTATION MUST I KEEP?
You must maintain the summary of the accident investigation and recommendations
and document resolutions and corrective actions. A sample format is shown in
Exhibit 6-12 that combines all of these in a single form. Note that the form also
includes accident data that you will need for the five-year accident history. These
data are not necessarily part of the incident investigation report, but including them
will create a record you can use later to create the accident history.
WHERE To Go FOR MORE INFORMATION
Although the reports below target the chemical industry, you may find useful
information in them:
+ Guidelines for Investigating Chemical Process Incidents, Center for
Chemical Process Safety of the American Institute of Chemical Engineers
1992.
July 1998
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(Ill
111
III " lllllll
Chapter 6
Prevention, grogram (Program 2)
6-28
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prevention program, because complying with other Federal rules, state requirements,
Program 2 process, you'll meet the lesser Program 2 prevention program
requirements. No matter what choices you make in complying with the Program 2
prevention program, keep these things in mincl:
Integrate the elements of your prevention program. For Program 2 owners
and operators, a major change in any single element of your program shouM
lead to a review of other elements to identify any effect caused by the
change.
Make accident prevention an institution at your site. Like the entire risk
anagement program, a prevention program is more than a collection of
July 1998
11 i in
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-------
6-29
Chapter 6
Prevention Program (Program 2)
written documents. It is a way to make safe operations and accident
prevention the way you do business everyday.
Check your operations on a continuing basis and ask if you can improve
them to make them safer as well as more efficient.
July 1998
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ll I
Chapter 6
Prevention Program (Program. 2)
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-------
CHAPTER 7: PREVENTION PROGRAM (PROGRAM 3)
Many of you will need to do little that is new to comply with the Program 3
prevention program, because you already have the OSHA PSM program in place.
Whether you're building on the PSM standard or creating a new program, keep these
things in. mind.
+ EPA and OSHA have different legal authority — EPA for offsite
consequences, OSHA for on-site consequences. If you are already
complying with the PSM standard, your process hazard analysis (PHA) team
may have to assess new hazards that could affect the public or the
environment offsite. Protection measures that are suitable for workers (e.g.,
venting releases to the outdoors) may be the very kind of thing that imperils
the public.
+ Integrate the elements of your prevention program. You must ensure that a
change in any single element of your program leads to a review of other
elements to identify any effect caused by the change.
+ Most importantly, make accident prevention an institution at your site. Like
the entire risk management program, a prevention program is more than a
collection of written documents. It is a way to make safe operations and
accident prevention the way you do business everyday.
7.1 PROGRAM 3 PREVENTION PROGRAM AND OSHA PSM
The Program 3 prevention program includes the requirements of the OSHA PSM
standard. Whenever we could, EPA used OSHA's language verbatim. However,
there were a few terms that EPA had to change to reflect the differences between its
authority and OSHA's. For example, OSHA regulates to protect workers; EPA's
responsibility is to protect public health and safety and the environment. Therefore,
an "owner or operator" subject to EPA's rule must investigate catastrophic releases
"that present(s) (an) imminent and substantial endangennent to public health and the
environment," but an OSHA "employer" would focus its concerns on the workplace.
To clarify these distinctions, we deleted specific references to workplace impacts
and "safety and health" contained in OSHA's PSM standards. We also used different
schedule dates and references where appropriate. Exhibit 7-1 compares terms in
EPA's rule with their counterparts in the OSHA PSM standard.
July 1998
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)teventibn Program (Program 3)
7-2
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EXHIBIT 7-1
COMPARABLE EPA AND OSHA TERMS
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Highly hazardous substance
Employer
Facility
Standard
EPA TERM ' '' v • ,
Regulated substance
Owner or operator
Stationary source
Rule or part
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July 1998
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There are twelve elements in the Program 3 prevention program. Each element
coicresponds with a section of subpart D of part 68. Exhibit 7-2 sets out each of the
twelve elements, the corresponding section numbers, and OSHA references. Two
OSHA elements are not included. Emergency response is dealt with separately in
part 68; the OSHA trade secrets requirement (provision of trade secret information to
":":": •-:"'11 employees) Is beyond EPA's statutory authority.
j i,,
EXHIBIT 7-2
SUMMARY OF PROGRAM 3 PREVENTION PROGRAM
'":'":::" ":"": " " : (40CFRPART 68, SUBPART D)
j," SECTION
§ 68.65
§ 68.67
§ 68.69
§ 68.71
§ 68.73
'i 68775
§ 68.77
§ 68.79
§ 68.81
§ 68.83
§ 68.85
§ 68.87
TITLE - , - ,
Process Safety Information
Process Hazard Analysis (PHA)
Operating Procedures
Training
Mechanical Integrity
Management of Change
Pre-Startup Review
Compliance Audits
Incident Investigation
Employee Participation
Hot Work Permit
Contractors
'OSHA ESM REKEKENCE' ',; > - -
PSM standard § 1910.119(d).
PSM standard § 1910.119(e).
PSM standard § 1910.119(f).
PSM standard § 1910.119(g).
PSM standard § 1910.1 19(j).
PSM standard § 1910.1 19(1).
PSM standard § 1910.119(1).
PSM standard § 1910.1 19(o).
PSM standard § 1910.119(m)
PSM standard § 1910.1 19(c).
PSM standard § 1910.1 19(k).
PSM standard § 1910.119(h).
-------
7-3
Chapter 7
Prevention Program (Program 3)
OSHA provided guidance on PSM in non-mandatory Appendix C to the standard.
OSHA has reprinted this appendix as PSM Guidelines for Compliance (OSHA
3133). The OSHA guidance is reproduced, reordered to track part 68, in Appendix
D. The remainder of this chapter briefly outlines the major requirements and
provides a discussion of any differences between EPA and OSHA. In some cases,
further guidance is provided on the meaning of specific terms. For more detailed
guidance, you should refer to the OSHA guidance in Appendix D.
QS &AS
IMPLEMENTATION AND PROCESS
Q. My process is a series of storage and process vessels, connected by piping, containing several
regulated substances, with a few co-located tanks of other substances. Do I have to implement one
prevention program to cover all aspects of the process even if different operators, different process
chemistry, and different hazards are involved in various parts of the process?
A. You should implement the program in the way that makes sense to you. For a complex process
such as yours, you may need to divide the process into sections (e.g., production units for particular
products, storage units) for the PHA and compliance audits, to keep the analyses manageable.
Operating and maintenance procedures (and the training in these procedures) should be developed for
operating units; combining procedures for different types of units into a single document may make
them harder to use; training operators in procedures they do not need would waste time and perhaps
confuse operators. You may want to collect and store process safety information by individual units
to make it easier to use. Other parts of the program (contractors, employee participation, procedures
for pre-startup, management of change, and hot work) are likely to be common to all parts of the
process.
Q. I have a tank with more than 10,000 pounds of propane. I use the propane to heat the offices. The
propane is not subject to PSM or the risk management program rule. The tank, however, is close to
equipment that has chlorine above the applicable threshold and is subject to OSHA PSM and Program
3. Is the tank considered part of the chlorine process?
A. If a fibre or explosion in the propane tank could cause a release of chlorine or other regulated
substances or interfere with mitigation of such a release, the tank is considered part of the process.
When you do your PHA for the process, you must evaluate how the propane tank could cause a
release of chlorine and determine what steps may be needed to prevent such releases.
7.2 PROCESS SAFETY INFORMATION (§68.65)
Exhibit 7-3 briefly summarizes the process safety information requirements.
April 17,2000
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Diagrams. You may find it useful to consult Appendix B of OSHA's PSM final rule,
computer software programs that do P&IDs, or other diagrams.
Guidance and Reports. Various engineering societies issue technical reports
relating to process design. Other sources you may find useful include:
+ Guidelines for Process Safety Documentation, Center for Chemical Process
Safety of the American Institute of Chemical Engineers 1995.
•4- ""Emergency Relief System Design Using DIERS Technology, American
Institute of Chemical Engineers, 1992.
•4- Emergency Relief Systems for Runaway Chemical Reactions and Storage
Vessels: A Summary of Multiphase Flow Methods, American Institute of
Chemical Engineers, 1986.
Guidelines for Pressure Relief and Emergency Handling Systems, Center for
Chemical Process Safety of the American Institute of Chemical Engineers,
1998. ' \
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-------
7-5
Chapter 7
Prevention Program (Program 3)
QS&AS
PROCESS SAFETY INFORMATION
Q. What does "materials of construction" apply to and how do I find this information?
A. You must document the materials of construction for all process equipment in a covered process.
For example, you need to know the materials of construction for process vessels, storage vessels,
piping, hoses, valves, and flanges. Equipment specifications should provide this information.
Q. What does "electrical classification" mean?
A. Equipment and wiring for locations where fire and explosion hazards may exist must meet
requirements based on the hazards. Each room, section, or area must be considered separately.
Equipment should be marked to show Class, Group, and operating temperature or temperature range.
You must determine the appropriate classification for each area and ensure that the equipment used is
suitable for that classification. The equipment covered includes transformers, capacitors, motors,
instruments, relays, wiring, switches, fuses, generators, lighting, alarms, remote controls,
communication, and grounding. Electrical classification will be included in equipment specifications.
Q. What does "relief system design basis" mean?
A. Relief systems include, but are not limited to, relief valves, relief headers, relief drums, and
rupture disks. Design basis means documenting how the loads and sizes of the relief system, as well
as inlet and outlet sizes, were determined. This includes a description of overpressure scenarios
considered, the scenario that creates the largest load to be relieved, the assumptions used, and if the
device meets a certain code. Relief devices on pressure vessels must conform to ASME codes.
Industry codes (e.g., API RP 520) also provide guidance on scenarios that should be considered and
on equations for sizing of devices. Scenarios you may need to consider include fire, blocked flow,
control valve failure, overheating, power outage, tube rupture, and cooling water failure. For two-
phase flow, you should review AIChE publications from the Design Institute for Emergency Relief
Systems (DIERS).
Q. What do I have to do for material and energy balances?
A. For new processes, you must document both material and energy inputs and outputs of a process.
For example, you would document the quantity of a regulated substance added to the process, the
quantity consumed during the process, and the quantity that remains in the output. This requirement
will not generally apply to storage processes.
July 1998
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Chapter?
Prevention Program (Program 3)
7-6
7.3 PROCESS HAZARD ANALYSIS (§68.67)
................. ..... ............ j , ." :•
Exhibit 7-4 provides a summary of the requirements for process hazard analyses
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PROCESS HAZARD ANALYSIS REQUIREMENTS
The PHA must cover::
•Hazards of the process
•Identification of previous,
potentially catastrophic
incidents
•Engineering and
administrative controls
applicable to the hazards
•Consequence of failure of
controls
•Siting
•Human factors
•Qualitative evaluation of
health and safety impacts of
control failure
Techniques must be one or
more of;
•What If
•Checklist
•What If/Checklist
•Hazard and Operability Study
(HAZOP)
•Failure Mode and Effects
Analysis (FMEA)
•Fault Tree Analysis
•Appropriate equivalent
methodology
Other requirements;
•Analysis must be done by a
team, one member of which
has experience in the process,
one member of which is
knowledgeable in the PHA
technique
•A system must be developed
for addressing the team's
recommendations and
documenting resolution and
corrective actions taken
•The PHA must be updated at
least once every five years
•PHAs and documentation of
actions must be kept for the
life of the process
EPA/OSHA DIFFERENCES
You can use a PHA conducted under the OSHA PSM standard as your initial process
hazard analysis. All OSHA PHAs must have been completed by May 1997.
Therefore, the only "new" PHAs wiil be for non-OSHA Program 3 processes. If the
process is subject to OSHA PSM, you can update and revalidate your PHA on
OSHA's schedule.
Offsite impacts. You should consider offsite impacts when you conduct a PHA
under EPA's rule (except for an initial PHA where are using the PHA conducted for
OSHA PSM)- If you are in the Program 3 prevention program because you must
comply with the PSM standard, you may not have fully considered offsite
consequence because the focus of PSM is worker protection^ Practically speaking,
however, there should be few instances where the scenarios considered for OSHA
fail to address offsite impacts. A well-done PHA should identify all failure scenarios
that could lead to significant exposure of workers, the public, or the environment.
The only issue that may require further consideration for part 68 processes is
whether any protection measures that were adequate for worker safety are inadequate
-------
7-7
Chapter 7
Prevention Program (Program 3)
Consider two circumstances — one where OSHA's PSM standard and EPA's risk
management program rule lead to the same result, and another where protecting
workers could mean endangering the public and;the environment. For flammables,
any scenario that could affect the public almost certainly would have the potential to
affect workers; measures taken to protect your employees likely will protect the
public and the environment. For toxics under PSM, however, you may plan to
address a loss of containment by venting toxic vapors to the outside air. In each
circumstance, a PHA should define how the loss of containment could occur.
However, for EPA, the PHA team should reassess venting as an appropriate
mitigation measure.
Updating and revalidating your PHA. For EPA, you must complete the initial
PHA for each Program 3 process not later "than June 21,1999, and update it at least
once every five years. You may complete an initial PHA before that date. You may
use an OSHA PHA as your initial PHA, and update and revalidate it every five years
on the OSHA schedule. A PHA completed after August 19, 1996 (the effective date
of part 68) should consider offsite impacts.
REJECTING TEAM RECOMMENDATIONS
You may not always agree with your PHA team's recommendations and may wish to
reject a recommendation. OSHA's compliance directive CPL 2-2.45A-revised states
that you may decline a team recommendation if you can document one of the
following: (1) the analysis upon which the recommendation is based contains factual
errors; (2) the recommendation is not necessary to protect the health of employees or
contractors; (3) an alternative measure would provide a sufficient level of protection;
or (4) the recommendation is infeasible. For part 68, you should also consider
whether recommendations are not necessary to protect public health and the
environment.
UPDATING YOUR PHA
You should update or revalidate your PHA whenever there is a new hazard or risk
created by changes to your process. Such changes might include introducing a new
process, process equipment, or regulated substance; altering process chemistry that
results in any change to safe operating limits; or other alteration that introduces a
new hazard. You might, for example, introduce a new hazard if you installed a gas
pipeline next to a storage tank containing a regulated substance. Other candidates
could be making changes in process constituents that increase the possibility of
runaway reactions or polymerization. EPA recommends that you consider
revalidating your PHA whenever adjoining processes create a hazard. Remember
that you have a general duty to prevent accidents and ensure safety at your source,
which may require you to take steps beyond those specified in the risk management
program rule.
July 1998
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Chapter 7
Prevention Program (Program 3)
7-8
QS&AS
OFFSITE CONSEQUENCES
Q. What does EPA mean by "consider offsite consequences"? Do we have to do an environmental
impact assessment (EIA)?
A. EPA does not expect you to do an EIA. Potential consequences to the public and the environment
are already analyzed in the offsite consequence analysis. In the PHA, EPA only expects you to
identify any failure scenarios that could lead to public exposures and to examine whether your
strategies are adequate to reduce the risk of such exposures.
Q. If I need to revise a PHA to consider offsite consequences, when do I have to do that?
A. In general, for a PHA completed to meet the requirements of OSHA PSM, you should revise the
PHA to consider offsite consequences when you update that PHA. Any PHA for a covered process
completed or updated for OSHA PSM after August 19, 1996, when part 68 was effective, should
examine offsite consequences. For example, if you completed an initial PHA for OSHA PSM in May
1993, OSHA requires that you update that PHA by May 1998. In that update, you should consider
offsite consequences. If you complete your initial PHA for OSHA in May 1995, you must update it
by May 2000; PHAs conducted for part 68 must include consideration of offsite consequences at that
time.
WHERE To Go FOR MORE INFORMATION
Appendix 7-A of this chapter provides a summary of each of the techniques, a
description of the types of processes for which they may be appropriate, and
estimates about the time and staff required for each.
Part 68 and OSHA PSM require that whichever technique or techniques you use, you
must have at least one person on the PHA team who is trained in the use of the
technique. Training on such techniques is available from a number of professional
organizations as well as private companies. You may have staff members who are
capable of providing this training as well. Many trade associations publish detailed
guidance on methods for conducting a process hazard analysis. You might find the
following documents useful.
' ! I
4- Guidelines for Hazard Evaluation Procedures, 2nd Ed. with Worked
examples, Center for Chemical Process Safety of the American Institute of
Chemical Engineers 1992.
+ Evaluating Process Safety in the Chemical Industry, Chemical
Manufacturers Association.
July 1998
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7-9
Chapter 7
Prevention Program (Program 3)
Loss Prevention in the Process Industries, Volumes I, II, and III, Frank P.
Lees, Butterworths: London 1996.
Management of Process Hazards (RP 750), American Petroleum Institute.
Risk-Based Decision Making (Publication 16288), American Petroleum
Institute.
7.4 OPERATING PROCEDURES (§68.69)
Exhibit 7-5 summarizes what your operating procedures must address. Operating
procedures must be readily accessible to workers who operate or maintain the
process. You must review operating procedures as often as necessary to assure that
they reflect current practices and any changes to the process or facility. You must
certify annually that the operating procedures are current and accurate.
EXHIBIT 7-5
OPERATING PROCEDURES REQUIREMENTS
Steps for each
operating phase
•Initial startup
•Normal operations
•Temporary operations
•Emergency shutdown
•Emergency operations
• Normal shutdown
•Startup following a
turnaround or
emergency shutdown
•Lockout/tagout
•Confined space entry
•Opening process
equipment or piping
•Entrance into the facility
Operating limits
•Consequences of
deviations
•Steps to avoid,
correct deviations
Safety & health
considerations
•Chemical properties & hazards
•Precautions for preventing
chemical exposure
•Control measures for exposure
•QC for raw materials and
chemical inventory
•Special or unique hazards
Safety
systems &
their
functions
•Address
whatever is
applicable
WHERE To Go FOR MORE INFORMATION
Chapter 6 of this document provides descriptions of each operating phase and when
these phases may not apply to certain operations.
+ Guidelines for Process Safety Fundamentals for General Plant Operations,
Center for Chemical Process Safety of the American Institute of Chemical
Engineers 1995.
July 1998
-------
f^lj^f ;,>H ||||"l;;,l
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I" IE I!1" i , ! ,1 .. f
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MB":
'"! •:.:«• i > P
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till: !"i]ii,i .'-it
BJi,,,
7-10
Guidelines! for Safe Process Operations and Maintenance, Center for
Cihemicai Process Safety of the American institute of Chemical Engineers
1995.
Guidelines for Writing Effective Operating and Maintenance Procedures,
Center for Chemical Process Safety of the American Institute of Chemical
Engineers 1996.
7.5 TRAINING (§68.71)
I i III
You are required to train new operators on the operating prpcedures and cover health
and safety hazards, emergency operations, and safe work practices applicable to the
employee's tasks. For workers involved in operating the process before June 21,
1999, you may certify in writing that they are competent to 'operate the process
safely, in accordance with the operating prpcedures. At least every three years you
must provide refresher training (you must consult with employees involved in
operating the process to determine the appropriate frequency). Finally, you are
required to determine that each operator has received and understood the training
and keep a record for each employee with the date of the training and the method
used to verify that the employee understood the training.
^WjEj^Ejp^Go RDRjyiORE INFORMATION
4- Guidelines for Process Safety Fundamentals for General Plant Operations,
Center for Chemical Process Safety of the American Institute of Chemical
' I III, '('III' Ji i|l|l"l|l|l|l|, I ' I I, ,: ,,,|,l'|. ,|| II If , ll ' ,M,f 1, ,!' i' llnllllHi'll," Ifjl !,,'' I,' • ' I |l' ' \ 1"'' '' '', ! l" |l m : ' ', ,111 ,, ,l| , II < < , F „« I ',lf < , ,1 < "i ill:',;' . iif, i"::ii L-i '•& '.I't'/iililiir1, '•• > :':i' 'crs",,,:•,:-,'' f/'i^'v-i'^?1::/:1::;;:!1,]
^ ||p •+ Guidelines for Technical Planning for On-Sfo^
• 1l:,l*:i • |S:;I ' •'' ?''!.; Chemical Process Safety of the American j^'g^^Jg Of Chemical Engineers
.'... ;'i%5; .""' " ''";':'"'.:
vsi'iii 111!
":' (IF,! IK1]:
•a, >.
4; Federally Mandated Training and Information (Publication 12000),
American Petroleum Institute.
in J!l!' ,;i Jin „ • ,i,!i,i ,"; f , »• ,.' •i, J-'if,: r, •''!- -„, • ; : i '•;• ';
ii iii *'tia; ":: :.TI :;,/
, v MigHANIQAL INTEGRITY (§68.73)
';i1::1 ^li^ll
''i: i!iS1,,if 1'ill!!1
YpU must have a mechanical .integrity^program for pressure vessels and storage
ianks, piping systems, relief and vent systems and devices, emergency shutdown
systems, controls, and pumps. Exhibit 7-6 briefly summarizes the other requirements
for your mechanical integrity program.
II Ill I '-h
Go FOR MORE INFORMATION
Guidance and Reports. Other sources of guidance and reports you may find useful
1 iiHlli'J" ' "lliihiimi1,,!,! '"p.; ' Hi"" "'"ill,!!1 r'i"! iti-'iin, '!• • i!"1:'1"!11! • •'','* , ,• . , i«,,i. ,V . , • ,„ *i ^ „, r,
include:
July 1998
1 I Uliil
-------
7-11
Chapter 7
Prevention Program (Program 3)
Guidelines for Process Equipment Reliability Data with Data Tables, Center
for Chemical Process Safety of the American Institute of Chemical
Engineers 1989.
Guidelines for Process Safety Documentation, Center for Chemical Process
Safety of the American Institute of Chemical Engineers 1995.
Pressure Vessel Inspection Code: Maintenance Inspection, Rating, Repair,
and Alteration (API 510), American Petroleum Institute.
Tank Inspection, Repair, Alteration, and Reconstruction (Std 653), American
Petroleum Institute.
EXHIBIT 7-6
MECHANICAL INTEGRITY CHART
Written
procedures
•Establish &
implement
written
procedures to
maintain the
integrity of
process
equipment.
Training
•Train process
maintenance
employees in an
overview of the
process and its
hazards.
•Make sure this
training covers
the procedures
applicable to
safe job
performance.
Inspection &
testing
•Inspect & test
process equipment.
•Use recognized and
generally accepted
good engineering
practices.
•Follow a schedule
that matches the
manufacturer' s
recommendations or
more frequently if
prior operating
experience indicates
is necessary.
•Document each
inspection & test
with: Date,
inspector name,
equipment identifier,
test or inspection
performed, results.
Equipment
deficiencies
•Correct
equipment
deficiencies
before further
use of process
equipment or
whenever
necessary to
ensure safety.
Quality
assurance
•Establish a QA
program for new
construction &
equipment, newly
installed
equipment,
maintenance
materials, and
spare parts &
equipment.
7.7 MANAGEMENT OF CHANGE (§68.75)
Exhibits 7-7 briefly summarizes EPA's MOC requirements.
July 1998
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ill 11 I II III I
I II I II 111 III I q ll
Chapter 7
Prevention Program (Program 3)
7-12
ill!; I.W'I !"P
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EXHIBIT 7-7
MANAGEMENT 'OF CHANGE "REQUIREMENTS
MOC procedures
must address:
•Technical basis
for the change
•Impact on safety
and health
•Modifications to
operating
procedures
•Necessary time
period for the
change
• Authorization
requirements for
proposed change
Employees
affected by the
change must:
•Be informed of the
change before
startup
•Trained in the
change before
startup
Update process safety
information if:
•A change covered by
MOC procedures results
in a change in any PSI
required under EPA's
rule (see § 67.65)
Update operating
procedures if:
•A change covered
by MOC procedures
results in a change
in any operating
procedure required
under EPA's rule
(see § 67.69)
WHERE To Go FOR MORE INFORMATION
I iii
II!1;11' , 1 I!"
iU; I il"
•(Si! ,
J.;i-j! m,' •"
HUM; BIIKI: i ii: •
ill'
Management of Change in Chemical Plants: Learning from Case Histories,
Center for Chemical Process Safety of the American Institute of Chemical
Engineers 1993.
Plant Guidelines for Technical Management of Chemical Process Safety,
Center for Chemical Process Safety of the American institute of Chemical
Engineers 1992.
Management of Process Hazards (RP 750), American Petroleum Institute.
i i i, j,i ii:i, t!i a; ;. ,. i i n MM i ; , /; "',;;•'] "a;
7.8 PRE-STARTUP REVIEW (§68.77)
I
1 '! i! '( Jliil'i JTj;: I
You must conduct your pre-startup safely review for new stationary sources or
modified stationary sources when the modification is significant enough to require a
change in safety information under the management of change element. You must
conduct your pre-startup review before you introduce a regulated substance to a
process, and you must address the items listed in Exhibit 7-8.
MJi: t H; r ':.!
July 1998
III. : iii,: iii .£ Suiii ..... iili!;: £,!
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7-13
Chapter 7
Prevention Program (Program 3)
EXHIBIT 7-8
PRE-STARTUP REVIEW REQUIREMENTS
Design Specifications
•Confirm that new or
modified construction
and equipment meet
design specifications.
Adequate Procedures
•Ensure that
procedures for safety,
operating, maintenance,
and emergencies are
adequate and in place.
PHA/MOC
Perform a PHA and
resolve or implement any
recommendations for new
process. Meet
management of change
requirements for modified
process.
Training
•Confirm that
each employee
involved in the
process has been
trained completely.
7.9 COMPLIANCE AUDITS (§68.79)
You must conduct an audit of the process to evaluate compliance with the prevention
program requirements at least once every three years. At least one person involved
in the audit must be knowledgeable in the process. You must develop a report of the
findings and document appropriate responses to each finding and document that
deficiencies have been addressed. The two most recent audit reports must be kept
on-site.
WHERE To Go FOR MORE INFORMATION
+ Guidelines for Auditing Process Safety Management Systems, Center for
Chemical Process Safety of the American Institute of Chemical Engineers
1993.
7.10 INCIDENT INVESTIGATION (§68.81)
Exhibit 7-9 briefly summarizes the steps you must take for investigating incidents.
EXHIBIT 7-9
INCIDENT INVESTIGATION REQUIREMENTS
•Initiate an investigation
promptly.
Begin investigating no later than 48 hours following the
incident
•Establish a knowledgeable
investigation team.
Establish an investigation team to gather the facts, analyze the
event, and develop the how and why of what went wrong. At
least one team member must have knowledge of the process
involved. Consider adding other workers in the process area
where the incident occurred. Their knowledge will be
significant and should give you the fullest insight into the
incident.
July 1998
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Chapter?
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7-14
•Summarize the investigation in a
report.
•Address the team's findings and
recommendations.
•Review the report with your
staff and contractors.
•Retain the report
Among other things, the report must identify the factors
contributing to the incident. Remember that identifying the root
cause may be more important than identifying the initiating
event. The report must also include any recommendations for
corrective actions. Remember that the purpose of the report is to
help management take corrective action.
Establish a system to address promptly and resolve the incident
report findings and recommendations; document resolutions and
corrective actions.
You must share the report - its findings and recommendations -
with affected workers whose job tasks are relevant to the
incident.
Keep incident investigation reports for five years.
You must investigate each incident which resulted in, or could have resulted in, a
"catastrophic release of a regulated substance." A catastrophic release is one that
"presents an imminent and substantial endangerment to public health and the
environment," Although the rule requires you to investigate only those incidents
which resulted in, or could reasonably have resulted* in a catastrophic release, EPA
encourages you to investigate all accidental releases. Investigating minor accidents
or near misses can help you identify problems that could result in major releases if
left unaddressed.
WHERE To Go FOR MORE INFORMATION
4- Guidelines for Investigating Chemical Process Incidents, Center for
Chemical Process Safety of the American Institute of Chemical Engineers
'" ••'• 1992. " ' '":":" '" ' " "' ' ":' ' ' ":' " ' '"
Guide for Fire and Explosion Investigations (NFPA 921), National Fire
Protection Association.
EMPLQXEE PARTICIPATIpN, (§68.83)
, '" "~\' • ;£,, .Exhibit 7-10 briefly summarizes what 'you must 'do!'
I
July 1998
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7-15
Chapter 7
Prevention Program (Program 3)
EXHIBIT 7-10
EMPLOYEE PARTICIPATION REQUIREMENTS
•Write a plan.
•Consult with
employees.
•Provide access to
information.
Develop a •written plan of action regarding how you will implement
employee participation.
Consult your employees and their representatives regarding conducting
and developing PHAs and other elements of process safety management
in the risk management program rule.
Ensure that your employees and their representatives have access to PHAs
and all other information required to be developed under the rule.
7.12 HOT WORK PERMITS (§68.85)
Exhibit 7-11 briefly summarizes how to meet the hot work permit requirement.
EXHIBIT 7-11
HOT WORK PERMITS REQUIREMENTS
•Issue a hot work permit.
•Implement fire prevention and
protection.
•Indicate the appropriate dates.
•Identify the work.
•Maintain the permit on file.
You must issue this permit for hot work conducted on or near a
covered process.
You must ensure that the fire prevention and protection
requirements in 29 CFR 1910.252(a) are implemented before the
hot work begins. The permit must document this.
The permit should indicate the dates authorized for hot work.
The permit must identify the object on which hot work is to be
performed.
You must keep the permit on file until workers have completed the
hot work operations.
WHERE To Go FOR MORE INFORMATION
4- Standard for Fire Prevention in Use of Cutting and Welding Processes
(NFPA 518), National Fire Protection Association.
4- Standard for Welding, Cutting and Brazing, 29 CFR 1910 Subpart Q.
7.13 CONTRACTORS (§68.87)
Exhibit 7-12 summarizes both yours and the contractors' responsibilities where
contractors perform maintenance or repair, turnaround, major renovation, or
specialty work on or adjacent to a covered process.
My 1998
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Chapter 7
Prevention Program (Program 3)
7-16
EXHIBIT 7-12
CONTRACT ORS CHAST
You must...
•Check safety performance. When selecting a
contractor, you must obtain and evaluate
information regarding the safety performance
of the contractor.
•Provide safety and hazards information.
You must inform the contractor of potential
fire, explosion, or toxic release hazards; and of
your emergency response activities as they
relate to the contractor's work and the process.
•Ensure safe practices. You must ensure that
you have safe work practices to control the
entrance, presence, and exit of contract
employees in covered process areas.
•Verify that the contractor acts responsibly.
You must verify that the contractor is fulfilung
its responsibilities.
Your contractor must...
•Ensure training for its employees. The
contractor must train its employees to ensure
that they perform their jobs safely and in
accordance with your source's safety
procedures.
•Ensure its employees know process hazards
and applicable emergency actions. The
contractor must assure that contract employees
are aware of hazards and emergency
procedures relating to the employees' work.
•Document training. The contractor must
prepare a record documenting and verifying
adequate employee training.
•Ensure its employees are following your
safety procedures.
•Inform you of hazards. The contractor must
tell you of any unique hazards presented by its
work or of any hazards it finds during
performance.
Ep^/OSH A DIFFERENCES
:'i" , (tlljlli, Iv'tiKI ,. ,v: J'i|, :;».i .'.u ! ',;:':(,*"',.,, t',,'," i"',;: • • i. t "Ulili1- l!"""!!,;!!1', i:1.1 , "i,y ] iij., ]| !•: " •;*•'. •.',">, , 1 "!' ., •"'.•
EPAhasnoauthority to require that you maintain!an occupational injury and illness
log for contract employees. Be aware, however, that OSHA does have this authority,
and that the PSM standard does set this requirement. (See 29 CFR
1910.119(h)(2)(vi)).
WHERE To Go FOR MORE INFORMATION
4- Contractor and Client Relations to Assure Process Safety, Center for
Chemical Process Safely of the American Institute of Chemical Engineers
:::: : ::" ' '''"1996. ' ! '' ".. ''
API/CMA Managers Guide to Implementing a Contractor Safety Program
(RP2221), American Petroleum !hKtiTuteT
Improving Owner and Contractor Safety Performance (RP 2220), American
Petroleum Institute.
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7-17
Chapter 7
Prevention Program (Program 3)
APPENDIX 7-A
PHA TECHNIQUES
This appendix provides descriptions of each of the PHA techniques listed in the OSHA PSM
standard and § 68.67. These descriptions include information on what each technique is, which types of
processes they may be appropriate for, what their limitations are, and what level of effort is typically
associated with each. This information is based on Guidelines for Hazard Evaluation Procedures, 2nd
Ed., published by AIChE/CCPS. If you are interested in more detailed discussion and worked examples,
you should refer to the AIChE/CCPS volume.
Neither the information below nor the full AIChE/CCPS volume will provide you with enough
information to conduct a PHA. The rule requires that your PHA team include at least one person trained
in the technique you use. Training in PHA techniques is available from a number of organizations. If
you must conduct multiple PHAs, you are likely to need to update your PHAs frequently, or you have a
complex process that will take several weeks to analyze, you may want to consider training one or more
of your employees. If you have a single process that is unlikely to change more than once every five
years, you may find it more cost-effective to hire a trained PHA leader.
DESCRIPTIONS OF TECHNIQUES
CHECKLISTS
Checklists are primarily used for processes that are covered by standards, codes, and industry
practices — for example, storage tanks designed to ASME standards, ammonia handling covered by
OSHA (29 CFR 1910.111), propane facilities subject to NFPA-58. Checklists are easy to use and can
help familiarize new staff with the process equipment AIChE/CCPS states that checklists are a highly
cost-effective way to identify customarily recognized hazards. Checklists are dependent on the
experience of the people who develop them; if the checklist is not complete, the analysis may not identify
hazardous situations.
Checklists are created by taking the applicable standards and practices and using them to
generate a list of questions that seek to identify any differences or deficiencies. If a checklist for a
process does not exist, an experienced person must develop one based on standards, practices, and
facility or equipment experience. A completed checklist usually provides "yes," "no," "not applicable,"
and "need more information" answers to each item. A checklist analysis involves touring the process
area and comparing equipment to the list.
AIChE/CCPS estimates that for a small or simple system a checklist will take 2 to 4 hours to
prepare, 4 to 8 hours to evaluate the process, and 4 to 8 hours to document the results. For larger or more
complex processes, a checklist will take 1 to 3 days to prepare, 3 to 5 days to evaluate, and 2 to 4 days to
document.
July 1998
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Chapter?
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7-18
WHAT-IF
ir, si; A What-If is a brajnstorming approach in which a group of people familiar with the process ask
^questions a5out"pbss'ible deviations or failures. These questions may be framed as What-If, as in "What
fit L-is! Iff the pump j^-^r™ jj^ b™ e^ressions of more'general concern, as in "I worry about contamination
:•]iduring unloading." A scribe or recorder takes down all of the questions on flip charts or a computer. The
questions are then divided into specific areas of investigation, usually related to consequences of interest.
Each area is then addressed by one or more team members.
•jjj* [:l'i( jg^ hazardous situations, or accident scenarios.
•ijhe team ofexp'erienced'people1 identifies accident scenarios, consequences, and existing safeguards,
then suggest possible risk reduction alternatives. The method can be used to examine deviations from
i|^_^____™g^_ jjjQ^jyjcafion, or operating intent. It requires a basic understanding of the process
and an abpry to combine possible deviations from design intent with outcomes. AIChE describes this as
'1!'U™3-:1 ^~_j-"3_— ;Ka;- ~gj£— expenenced^'^omerwise/ihe'results are likely to be incomplete."
: ii ?'.
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ii11
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t-if usually reviews the entire process, from the introduction of the chemicals to the end.
-The,'analysis inayfocu's on particular consequences of concern. AIChE provides the following example
-'of a What-lf question: "What if the raw material is the wrong concentration?" The team would then try
r^^^e^e^^e>^Q^^g'g prbcess'would respond: "If the concentration of acid were doubled, the reaction
llMd not be^ controlled and a rapid exotherm would result." The team might then recommend steps to
preventfeedmg~wroi^c6nomirafibiis"' or to stop the feed if the reaction could not be controlled.
A What-If of simple systems can be done by one or two people; a more complex process requires
is a larger'tea^anTlon^r'meeti^igsI AIChE/CCPiS'estimates that for a small Or simple system a What-If
b'anaiy^iswiirtate 4 to"8 hours to p^gp^^ i't0"'"3 days to evaluate the process, and 1 to 2 days to document
tlie r^s^ts^^orlarlJEC or""more"'complex prbcesseSj'"^'What-If will take 1 to 3 days to prepare, 4 to 7 days
'&"eyalSte,llland^4b''7'lldaystb1 document.' ' ' '
^.i ID U |, i ' ' i ' |i i ' i i i 11 ||i i j ' " i
I/VHAT-IF/CHECKLIST
i; '!!!f
11 ji
A What-If/Checkh'st combines the creative., brainstorming aspects of the What-If with the
systemMic "approach 'of the Checklist. The combination of techniques can compensate for the weaknesses
of each. The What-If part of the process can help the team identify hazards and accident scenarios that
are beyond "the 'experience of the team members. The checklist provides a more detailed systematic
in^gaps in the brainstorming"pfoces's". The technique is generally used to identify
,,g™_e.,st ^^ ___.. ^jQjjg stateg that it is often^g flrst PHA conducted
iiBiiiiiiiiiii:! swt.iHSiiui'siii!11 „»«,, 'ii'iiAj, • •• •'• i ^ 3 r
On a process, wltn subsequent analyses using more detailed approaches.
,„ i| ,,„
'1 II ilihi'llllil' •'
!.;,r/Th£ purpose of a What-If/Checklist is to identify hazards and the general types of accidents that
could occur, evaluate qualitatively the effects of the effects, and determine whether safeguards are
adequate. Usually the What-If bramstorming precedes the use of the checklist, although the order can be
"""reversed.
The technique usually is performed by a team experienced in the design, operation, and
maintenance of the process. The number of people required depends on the complexity of the process.
AIChE/CCPS estimates that for a small or simple system a What-If/Checklist analysis will take 6 to 12
hours to prepare, 6 to 12 hours to evaluate the process, and 4 to 8 hours to document the results. For
July 1998
iiiiii i ^
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7-19
Chapter 7
Prevention Program (Program 3)
larger or more complex processes, a What-If/Checklist will take 1 to 3 days to prepare, 4 to 7 days to
evaluate, and 1 to 3 weeks to document.
HAZOP
The Hazard and Operability Analysis (HAZOP) was originally developed to identify both
hazards and operability problems at chemical process plants, particularly for processes using
technologies with which the plant was not familiar. The technique has been found to be useful for
existing processes as well. A HAZOP requires an rnterdisciplinary team and an experienced team leader.
The purpose of a HAZOP is to review a process or operation systematically to identify whether
process deviations could lead to undesirable consequences. AIChE states that the technique can be used
for continuous or batch processes and can be adapted to evaluate written procedures. It can be used at
any stage in the life of a process.
HAZOPs usually require a series of meetings in which, using process drawings, the team
systematically evaluates the impact of deviations. The team leader uses a fixed set of guide words and
applies them to process parameters at each point in the process. Guide words include "No," "More,"
"Less," "Part of," "As well as," Reverse," and "Other than." Process parameters considered include flow,
pressure, temperature, level, composition, pH, frequency, and voltage. As the team applies the guide
words to each process step, they record the deviation, with its causes, consequences, safeguards, and
actions needed, or the need for more information to evaluate the deviation.
HAZOPs require more resources than simpler techniques. AIChE states that a simple process or
a review with a narrow scope may be done by as few as three or four people, if they have the technical
skills and experience. A large or complex process usually requires a team of five to seven people.
AIChE/CCPS estimates that for a small or simple system a HAZOP analysis will take 8 to 12 hours to
prepare, 1 to 3 days to evaluate the process, and 2 to 6 days to document the results. For larger or more
complex processes, a HAZOP will take 2 to 4 days to prepare, 1 to 3 weeks to evaluate, and 2 to 6 weeks
to document.
FAILURE MODE AND EFFECTS ANALYSIS (FMEA)
A Failure Mode and Kffects Analysis (FMEA) evaluates the ways in which equipment fails and
the system's response to the failure. The focus of the FMEA is on single equipment failures and system
failures. An FMEA usually generates recommendations for increasing equipment reliability. FMEA
does not examine human errors directly, but will consider the impact on equipment of human error.
AIChE states that FMEA is "not efficient for identifying an exhaustive list of combinations of equipment
failures that lead to accidents."
An FMEA produces a qualitative, systematic list of equipment, failure modes, and effects. The
analysis can easily be updated for design or systems changes. The FMEA usually produces a table that,
for each item of equipment, includes a description, a list of failure modes, the effects of each failure,
safeguards that exist, and actions recommended to address the failure. For example, for pump operating
normal, the failure modes would include fails to stop when required, stops when required to run, seal
leaks or ruptures, and pump case leaks or ruptures. The effects would detail both the immediate effect
and the impact on other equipment. Generally, when analyzing impacts, analysts assume that existing
July 1998
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'
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11.. a* i.iiii.1 ,*>
Chapter 7
Prevention Program (Program 3)
7-20
safeguards dp not work, AIChE states that "more optimistic assumptions may be satisfactory as long as
all equipment failure modes are analyzed on the same basis."
I, ' ' iKl F Ill ivh'l
AH FMEA requires an equipment list or P&ID, knowledge of the equipment, knowledge of the
system, and responses to equipment failure. AIChE states that on average, an hour is sufficient to
analyze two"to four pieces of equipment, ^Q^gcPS estimates that for a small or simple system an
FMEA will take 2 to 6 hours to prepare, 1 to 3 days to evaluate the process, and 1 to 3 days to document
the results. For larger or more complex processes, an FMEA will take 1 to 3 days to prepare, 1 to 3
weeks to evaluate, and 2 to 4 weeks to document
i •• i i nil i i ,'',!, r
FAULT TREE ANALYSIS (FTA)
I:'-''
A Fault Tree Analysis (FTA) is a deductive technique that focuses on a particular accident or
main system failure and provides a method for determining causes of the event. The fault tree is a
graphic that displays the combinations of equipment failures and human errors that can result in the
accident The FTA starts with the accident and identifies the immediate causes. Each immediate cause
is examined to determine its causes until the basic causes of each are identified. AIChE states that the
strength of FTA is its ability to identify combinations of basic equipment and human failures that can
lead to an accident, allowing the analyst to focus.preventive measures on significant basic causes.
AIChE states that FTA is well suited for analyses of highly redundant systems. For systems
vulnerable to single failures that can lead to accidents, FMEA or HAZOP are better techniques to use.
FTA is often, used when another technique has identified an accident that requires more detailed analysis.
The FTA looks at component failures (malfunctions that require that the component be repaired) and
III" faults, .(m^fipctions, that,.will, remedy themselves once the conditions change) failures and faults are
divided into three groups: primary failures and faults occur when the equipment is operating in the
environment for which it was intended; secondary failures and faults occur when the system is operating
outside of intended environment; and command faults and failures are malfunctions where the equipment
performed as designed but the system that commanded it malfunctioned.
•£'; :"';i'';l".: "liAijETA .requires a detailed knowledge of how the plant or system works, detailed process
drawings and procedures, and knowledge of component failure modes and effects. AIChE states that
pFl^ligejl wej|jrained and experienced analysts. Although a single analyst can develop a fault tree,
i mp'ut'and review irb^ "' "
|» I : !' ' ' i - '-!!" ; ' MSlilElCCPS estimates that for a small or simple system an FTA will take 1 to 3 days to prepare,
3 to 6 days for model construction, 2 to 4 days to evaluate the process, and 3 to 5 days to document the
JiL|e||U|§Si . £pjjarger or more complex processes, an FTA will take 4 to 6 days to prepare, 2 to 3 weeks for
ij[rnpdel constructions^ 1 to 4 we_eks to evaluate, and 3 to 5 weeks to document
" ' ' <: - ii .... j .'.: • ' * . • .:-.' • „ , t: '..••:.» !)• «; , ' •; « i »> ;ifiif '; ...... iii| '" i i| -J S,:'' { I : Iji, t II* TM ; ,'. - ' i i ..... if . , ' ' ., ' • > • ~'i , . ' f" . 1 ! i 1
... Hi 'i 'y i-1 :."»" '% *" ii ..... '
!1! : I'' I ' .IS .».
,: I!!!; • -. if • ::i!f ! " ' i .: » ..... If '! ...... •,' • ..... -
. . . ,
^.j: '^i^&Jlj£ri4e ..... ^U°:w;f vou t°. use other tS5^rucffe.s ^^Y, af,e, ™
^jli^llBjQne^ ..... includes ..... descriptions of a number of other techniques including Preliminary Hazard Review,
Cause-Consequence Analysis, Event Tree Analysis, and Human Reliab iliry Analysis. You may also
develop a hybrid technique that combines features of several techniques or apply more than one
technique.
' Ii
July 1998
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7-21
Chapter 7
Prevention Program (Program 3)
Selecting a Technique
Exhibit 7A-1 is adapted from the AIChE Guidelines and indicates which techniques are
appropriate for particular phases in a process's design and operation.
EXHIBIT 7A-1
APPLICABILITY OF PHA TECHNIQUES
R&D
Design
Pilot Plant Operation
Detailed Engineering
Construction/Start-Up
Routine Operation
Modification
Incident Investigation
Decommissioning
Checklist
/
/
/
/
/
/
/
What-If
/
/
/
/
/
/
/
/
^
What-If-
Checklist
/
/
/
^
/
/
S
HAZOP
/
/
^
/
/
FMEA
/
/
/
/
/
FTA
/
^
/
/
/
Factors in Selecting a Technique
Type of process will affect your selection of a technique. AIChE states that most of the
techniques can be used for any process, but some are better suited for certain processes than others.
FMEA efficiently analyzes the hazards associated with computer and electronic systems; HAZOPs do not
work as well with these. Processes or storage units designed to industry or government standards can be
handled with checklists.
AIChE lists What-If, What-If7Checklist, and HAZOP as better able to handle batch processes
than FTA or FMEA because the latter do not easily deal with the need to evaluate the time-dependent
nature of batch operations.
Analysis of multiple failure situations is best handled by FTA. Single-failure techniques, such as
HAZOP and FMEA, are not normally used to handle these although they can be extended to evaluate a
few simple accident situations involving more than one event.
AIChE states that when a process has operated relatively free of accidents for a long time, the
potential for high consequence events is low, and there have been few changes to invalidate the
July 1998
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r'liiii:, i HI
Chapter?
i ,1 Cm ,J
enfapn Program (Program 3)
7-22
it :l',|ii"!'"! '" i,11"',1 il!P, , d,' 'Nil i.,I, I
II!,:""»" I- 'I'11"!.' II' ' 'PHI1!
experience base, the less exhaustive techniques, such as a Checklist, can be used. When the opposite is
li'i! ! "'hi'i , • , !, i • v • j iiiiiiini'i, vi •, :, „ iiiiuir u , i" i. 'is , 'i"i i: ,i ' i,, flSii', ;!»", ,,iiin ii:, i , "',,,!, ' :, •: :,i ,,'iii":':11 ' ' .'M.iii'.iiii,s:i " v,11, il« i „' i|("',i:, : HMH u, ,',i '•': * ,,,, ,n ,
true, the more ngprous techniques are more appropriate.
•ii"'A final factor in selecting a technique is time required for various techniques. Exhibit 7A-2
,, isummanze^JiC^E's e, s,timaj:ess_ ofthe tirne required for various steps. The full team is usually involved in
the evaluation..step; for some techniques, only the team leader and scribe are involved in the preparation
jlSnci documentation steps.
!'•':'• ,; hi, ':!lif' iif! \-''-J •;•.•'•'•.••: EXHIBIT 7A-2
ife', ''ii1'' j SiiiilJ", • ijiiitl ' ;, :,;. , :,i .' ... ,!!.,'ii!!ii,-i't" ;•},, Ii .Ml!!,":1 ill Mi.I; > .niiijll; •ulllt &K"-'1 ff-i »*, ',.,' '"Iil'ilS! (t'frfi W.'S ('...'ij' i , • ». • I' K dr.ll
TIME AND STAFFING FOR PHA TCCHNIQUES
III;''ni;",,,,,,!,,, ,',<;: f ' i pji , jw „ h "flu,*! n ,,j,||,';,!,!,'n,| i|,; , , .'fiK'•„,:!, !' I,,, H, JlIU!1 ,!l •"! Mi.llfH!1,: ,,l;:i|!llll!ll|,!v, 3",:'!!' „ 'I,1' 'i 'llnPllll1 ||" "'li.!'';;!.'1!:!, .ililif liiill1,,1" ' „!„ I1,;}!!1!!,;! j III
IK l" I'lfP1' 1 '.',ih IIP',;'!„„ "t'«'\
i;!" ' '1''''":jij
' "
h hours d= days (8 hours) w = weeks (40 hours)
July 1998
i
•
i
'i i
ill
I
Checklist
What-
If
What-If
Checklist
HAZOP
FMEA
FTA
Simple/Small System
# Staff
Preparation
Modeling
Evaluation
Documentation
1-2
2-4 h
4-8 h
4-8 h
Large/Complex Process
# Staff
Preparation
Modeling
1 valuation
1 >ocumcntation
1-2
1-3 d
3-5 d
2-4 d
2-3
4-8 h
1-3 d
1-2 d
2-3
6-12 h
6-12 h
4-8 h
3-4
8-12 h
1-3 d
2-6 d
1-2
2-6 h
1-3 d
1-3 d
2-3
1-3 d
3-6 d
2-4 d
3-5 d
3-5
1-3 d
4-7 d
4-7 d
3-5
1-3 d
4-7 d
1-3 w
5-7
2-4 d
1-3 w
2-6 w
2-4
1-3 d
1-3 w
2-4 w
2-5
4-6 d
2-3 w
1-4 w
3-5 w
-------
CHAPTER 8: EMERGENCY RESPONSE PROGRAM
If you have at least one Program 2 or Program 3 process at your facility, then part 68
may require you to implement an emergency response program, consisting of an
emergency response plan, emergency response equipment procedures, employee
training, and procedures to ensure the program is up-to-date. This requirement
applies if your employees will respond to some releases involving regulated
.substances. (See the box on the next page for more information on What is
Response?)
EPA recognizes that, in some cases (particularly for retailers and other small
operations with few employees), it may not be appropriate for employees to conduct
response operations for releases of regulated substances. For example, it would be
inappropriate, and probably unsafe, for an ammonia retailer with only one full-time
employee to expect that a tank fire could be handled without the help of the local fire
department or other emergency responder. EPA does not intend to force such
facilities to develop emergency response capabilities. At the same time, you are
responsible for ensuring effective emergency response to any releases at your
facility. If your local public responders are not capable of providing such response,
you must take steps to ensure that effective response is available (e.g., by hiring
response contractors).
8.1 NON-RESPONDING FACILITIES (§ 68.90(b))
EPA has adopted a policy for non-responding facilities similar to that adopted by
OSHA in its Hazardous Waste Operations and Emergency Response (HAZWOPER)
Standard (29 CFR 1910.120), which allows certain facilities to develop an
emergency action plan to ensure employee safety, rather than a full-fledged
emergency response plan. If your employees will not respond to accidental releases
of regulated substances, then you need not comply with the emergency response plan
and program requirements. Instead, you are simply required to coordinate with local
response agencies to ensure that they will be prepared to respond to an emergency at
your facility. (You may want to briefly review the program design issues discussed
in section prior to making this decision.) This will help to ensure that your
community has a strategy for responding to and mitigating the threat posed by a
release of a regulated substance from your facility. To do so, you must ensure that
you have set up a way to notify emergency responders when there is need for a
response. Coordination with local responders also entails 1he following steps:
+ If you have a covered process with a regulated toxic, work with the local
emergency planning entity to ensure that the facility is included in the
community emergency response plan prepared under EPCRA regarding a
response to a potential release.
•f If you have a covered process with a regulated flammable, work with the
local fire department regarding a response to a potential release.
July 1998
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111
Mill I" III
III1 (
I i !'
ii lllllil III1 H
Silifesi; if!1!! !'f:;-
Chapter 8
JEinergency Response Program
8-2
!!
Although you do not need to describe these activities in your risk management plan,
to document your efforts you should keep a record of:
"ii Ii' ' ifl;';»'is", is;:;•?,•; ff^x:;.ij-j: '•; ! 14 ?i.;Vi'Wf;«:|,ji;Wn,::»•;;^^tl ;•:,;;;[ i ft;*[jlSS*"";H |«;!;; •., :;i;'!, m ;•,;
If you will respond to releases of regulated substances with your own employees,
..;"' ;i;;!i '£*£•;' i'Si; your^"emergency resp'b^e"'p^giiam~mu^c6nsis1: oFthe following elements:
•f; An. enjergency response plan (maintained at the facility) that includes:
> Procedures for informing the public and emergency response
agencies about releases,
:.,* !! i'!'"'
ISM rk i • HI"
July 1998
illlHi if! •:;;' 1 -i Blip- ISIiliiH
ii Ililili 1 1 II ii ill 11
II 111 I
i' it::
iiiii:i; :>i in- ;i
-------
8-3
Chapter 8
Emergency Response Program
What is a Local Emergency Planning Committee?
Local emergency planning committees (LEPCs) were formed under the Emergency Planning and
Community Right-to-Know Act (EPCRA) of 1986. The committees are designed to serve as a
community forum for issues relating to preparedness for emergencies involving releases of
hazardous substances in their jurisdictions. They consist of representatives from local government
(including law enforcement and firefighting), local industry, transportation groups, health and
medical organizations, community groups, and the media. LEPCs:
+ Collect information from facilities on hazardous substances that pose a risk to the
community;
+ Develop a contingency plan for the community based on this information; and
+ Make information on hazardous substances available to the general public.
Contact the mayor's office or the county emergency management office for more information on
your LEPC.
> Documentation of proper first aid and emergency medical treatment
necessary to treat human exposures, and
> Procedures and measures for emergency response.
+ Procedures for using, inspecting, testing, and maintaining your emergency
response equipment;
+ Training for all employees in relevant procedures; and
+ Procedures to review and update, as appropriate, the emergency response
plan to reflect changes at the facility and ensure that employees are informed
of changes.
Finally, your plan must be coordinated with the community plan developed under the
Emergency Planning and Community Right-to-Know Act (EPCRA, also known as
SARA Title III). In addition, at the request of local emergency planning or response
officials, you must provide any information necessary for developing and
implementing the community plan.
In keeping with the approach outlined in Chapter 6, EPA is not requiring facilities to
document training and maintenance activities. However, as noted above, facilities
must maintain an on-site emergency response plan as well as emergency response
equipment maintenance and program evaluation procedures.
Although EPA's required elements are essential to any emergency response program,
they are not comprehensive guidelines for creating an adequate response capability.
Rather than establish another set of federal requirements for an emergency response
program, EPA has limited the provisions of its rule to those the CAA mandates. If
you have a regulated substance on site, you are already subject to at least one
emergency response rule: OSHA's emergency action plan requirements (29 CFR
July 1998
-------
Ill ll
1111 III III III
111 111 I
Bill."'"!1 -l!': II .I'll.!' •
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Chapters
Emergency Response Program
8-4
it (if!
1910.38). Under OSHA HAZWOPER, any facility that handles "hazardous
substances" (a broad term that includes all of the CAA regulated substances and thus
applies to all facilities with coyered processes) must comply with either"29 CFR
1910.38(aJ or 19lb.l20(q)^ If you: have a hazmat team, you are sutject to the 29
CFR 1910.120(q) requirements. If you determine that the emergency response
programs you have developed to comply with these other rules satisfy the elements
listed at the beginning of this section, you will not have to do anything additional to
comply with these elements. Additional guidance on making this decision is
provided in section 8.5.
Jil'1
La addition, be careful not to confuse writing a set of emergency response procedures
jjijijll: iq. a, plan with deyelpping an emergency response program. An emergency response
plan is only one element of the integrated effort that makes an emergency response
^ program. Al&pugh the plan outlines the actions and equipment necessary to respond
effectively, training, program evaluation, equipment maintenance, and coordination.
wirn local agencies must occur regularly if your plan is to be useful in an emergency:
The goal of the program is to enable you to respond quicMy and effectively to any
emergency. The documents listed in fiSubit 8-1 may be helpful in developing
ic elements <
Exhibit 8-1
Federal Guidance on Emergency Planning and Response
Hazardous Materials Emergency Planning Guide (NRT-1), National Response Team, March 1987.
Although designed to assist communities in planning for hazmat incidents, this guide provides useful
information on developing a response plan, including planning teams, plan review, and ongoing
planning efforts.
Criteria for Review of Hazardous Materials Emergency Plans (NRT-1 A), National Response Team,
May 1988. This guide provides criteria for evaluating response plans.
Integrated Contingency Plan, National Response Team, (61 FR 28642, June 5, 1996). This provides
guidance on how to consolidate multiple plans developed to comply with various federal regulations
into a single, functional emergency response plan..
Emergency Response Guidebook, U.S. Department of Transportation, 2000. This guidebook lists
over 1,000 hazardous materials and provides information on their general hazards and recommended
isolation distances.
Response Information Data Sheets (RIDS), US EPA and National Oceanic and Atmospheric
Administration. Developed for use with the Computer-Aided Management of Emergency Operations
(CAMEO) software, these documents outline the properties, hazards, and basic safety and response
practices for thousands of hazardous chemicals.
iiiiiiTi, ID, .it iiu,:,iii
Finally, remember that under the General Duty Clause of CAA section 112(r)(l) you
are responsible for ensuring that any release from your processes can be handled
-------
8-5
Chapter 8
Emergency Response Program
effectively. If you plan to rely on local responders for some or all of the response,
you must determine that those responders have both the equipment and training
needed to do so. If they do not, you must take steps to meet any needs, either by
developing your own response capabilities, developing mutual aid agreements with
other facilities, hiring response contractors, or providing support to local responders
so they can acquire equipment or training.
RELATIONSHIP TO HAZWOPER
If you choose to establish and maintain onsite emergency response capabilities, then
you will be subject to the detailed provisions of the OSHA or EPA HAZWOPER
Standard. HAZWOPER covers preparing an emergency response plan, employee
training, medical monitoring of employees, recof dkeeping, and other issues. Call
your state or federal district OSHA office for more information on complying with
the HAZWOPER Standard (check the OSHA web site at www.osha.gov/ for contact
names and addresses for OSHA offices). State and local governments in states
without a delegated OSHA program are subject tp HAZWOPER under EPA's 40
CFR part 311.
How Does the Emergency Response Program Apply?
The requirements for the emergency response program are intended to apply across all covered
processes at a facility. Although certain elements of the program (e.g., how to use specific items of
response equipment) may differ from one process to another, EPA does not intend or expect you to
develop a separate emergency response program for each covered process. With this in mind, you
should realize that your emergency response program will probably apply to your entire facility,
although technically it need only apply to covered processes.
For example, a facility may have two storage tanks, one containing slightly more than a threshold
quantity of a regulated substance and one with slightly less. The facility is likely to adopt the same
response approach (e.g., procedures, equipment, and training) for releases whether or not the process
is "covered." Similarly, a facility may have two adjacent flammables storage tanks, one containing a
regulated substance above the threshold and the other containing another, unlisted flammable. The
facility is likely to adopt the same approach for releases whether or.not the process is "covered."
8.3 DEVELOPING AN EMERGENCY RESPONSE PROGRAM
The development of an emergency response program should be approached
systematically. As described in section 8.2, all facilities complying with these
emergency response program provisions will already be subject to OSHA
HAZWOPER. As a result, you are likely to fall into one of two groups:
+ You have already met several federal requirements for emergency planning
and are interested in developing an integrated program to minimize
duplication (section 8.4).
April 17, 2000
-------
Ill 111 11 ll II
ill 111 I I 1 HI I I III ill V 111
phapter 8
Emergency Response Program
8-6
4- You have a pre-existing emergency response program (perhaps based on an
internal policy decision) and need to determine wnat additional activities you
will need to conduct (section 8.5).
STEPS FOR GETTING STARTED
The following steps outline a systematic approach that can serve as the framework
for the program development process in each of these cases. Following these initial
Steps will allow you to conduct the rest of the process more efficiently.
IliiihF'I, .'liiiiiiiu iii Mill!!!"?1 ' • > iniiiii f ','',• :,»,' , , n'Miiir'iuin liriiiiiiHiiii'"!1111 i,,! i, \«i ':C»,r! ?''' ,ji:i«ii' i,'" ?' i ""i! inn niniiii i i i in nn n iniin i mil iiiiiinii in i i n mill in n i nun i i iiiiinii n in in nn n i nun inn n in mi 'i wvljiiin','':,' "ii- -'''''I ':,<»'''''"' ;!!:v'ii!h:'!iiii!'ii!"i'iiiii!!!:!r. Jmv 'ii! !•"'!
1 ill HHIIi,; iB"'If'' III' III!,, i!1! II, "''I i 1,1 IIIIIIH" IP" „ Illlll i •: it ' '"' i, ill1'! "I nil, , ' «HIillIiiili"l l» '"I" l|||l|||||||||i|i ., , "* Uliln' Hi , '' 'IIL ihllilH" I i' !' *i '' i'!!"' ' „ IJnnl', > i < |,,,T ,|' > 'H'mif!' si 14" 4l•. "i JliM, "t -II ». •' , i»' ln,l ((,'! 'ilJPII.; < I':! r i. (il < rSMIll,, lilllll."1! '!<::„ Ill' <' l!li< '|n 'miolL. h I'lllNI' :!nilll 4l",, ,lll I ;i V 'I1 'iJili'tP III I'" IV < <«' :'JJ^!1 |p(jj, ^oss-trainedas fire resppnders, while a facility with its o_wn hazmat team and
III j| ,,^ || (i:' j ; |||||||. I|; i „, '• j,., i^ j|iii||.. g'ljy'jjQijjjjggtaj affairs department may need a' dozen representatives.
ii ill!!,, I1""11 i, in,, ,,i ,': ill |, ,;nr ; "',;,,iiiiNii,",iii:, .i:,:!,!!!!1,]; ,11 iiLnni ,,:,m,, ::;,: a •Lio!;1" j1" in: E „ ,,'",,h ,',„'", ' ,,ii»ii! A / , -V , ,
Collect relevant facility documents. Members of the development team should
~* •"" •;," """'- ; /' •••"•"' •"•"; "collect and review all of the following:
Ililji1 'iiiJ;li:'1"1''-,,,Jii:!,'HtfiKJI ||ll:'ii'' iif '";''Sfii'i1'ijipli'i''i1"!::1' "I'i •••',i•'(,t 4^:|Slii|ir'!.^'1.li'K '^'.:;•• iiiWfi'-jiti,:'1!' "j.'Hfij"' y>%,^";;'^\ jfc«aW!*^( n>r:;•;;'iVfM • i), > M 'StKit:!!ji' Wf?t>''I
~™ j;:"-,-;,".; —;;; ';;;"• 4- Site plans:
~T. ••">•;:•;'•'!r.T ^r~" "t" Existing emergency response plans and procedures;
JEltipj ,-ikiifciiii, '' „'; lip i "i- ''r'jil,:,,,!.'', *' ^m ' Illl • '4-'" !!, ,', SubrAissions'to, fhj°:LEPC wroier EPCRA sections 302 and 303,;
::I'!!'BI" "' '-" '"' '' •" !|: " ' Vi • ;'!l' ' ' ''««""4- Hazard evaluation and release modeling information;
i M 4^,, , ffay^d cnrnniiiTiica.tinTi and ernergency response training;
4 Emergency drill and exercise programs;
4- After-action reports and response critiques; and
4- Mutual aid agreements.
Identify existing programs to coordinate efforts. The team should identify any
related programs from the following sources:
April 17,2000
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8-7
Chapter 8
Emergency Response Program
4- Corporate- and industry-sponsored safety, training, and planning efforts; and
4- Federal, state, and local government safety, training, and planning efforts
(see Exhibit 8-2).
Exhibit 8-2
Federal Emergency Planning Regulations
The following is a list of some of the federal emergency planning regulations:
4 EPA's Oil Pollution Prevention Regulation (SPCC and Facility Response Plan Requirements)
- 40 CFRpart 112.7(d) and 112.20-.21;
4 MMS's Facility Response Plan Regulation - 30 CFR part 254;
4 RSPA's Pipeline Response Plan Regulation - 49 CFR part 194;
4- USCG's Facility Response Plan Regulation - 33 CFR part 154, Subpart F;
4 EPA's Risk Management Programs Regulation - 40 CFR part 68;
4 OSHA's Emergency Action Plan Regulation - 29 CFR 1910.38(a);
4- OSHA's Process Safety Standard - 29 CFR 1910.119;
4- OSHA's HAZWOPER Regulation - 29 CFR 1910.120;
4 OSHA's Fire Brigade Regulation - 29 CFR 1910.156;
4 EPA's Resource Conservation and Recovery Act Contingency Planning Requirements - 40
CFR part 264, Subpart D, 40 CFR part 265, Subpart D, and 40 CFR 279.52.
4 EPA's Emergency Planning and Community Right-to-Know Act Requirements - 40 CFR part
355. (These planning requirements apply to communities, rather than facilities, but will be
relevant when facilities are coordinating with local planning and response entities).
4 EPA's Storm water Regulations - 40 CFR 122.26.
Facilities may also be subject to state and local planning requirements.
Determine the status of each required program element. Using the information
collected, you should assess whether each required program element (see section
8.2) is:
4 hi place and sufficient to meet the requirements of part 68;
4 hi place, but not sufficient to meet the requirements of Part 68; or
4- Not in place.
This examination will shape the nature of your efforts to complete the emergency
response program required under the risk management program. For example, if you
are already in compliance with OSHA's HAZWOPER Standard, you have probably
satisfied most, if not all, of the requirements for an emergency response program.
Section 8.6 explains the intent of each of EPA's requirements to help you determine
whether you are already in compliance.
July 1998
-------
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Chapter 8
mse Program
8-8
, Take^additional actions as necessary.
TAILORING YOUR PROGRAM TO YOUR HAZARDS
md chemicals pose a variety of hazards, it may be necessary to
^jsojne^eje^ents of ^our emergency response program to these specific hazards.
fnless each part of your program element is appropriate to the release scenarios that
cannot be fully effective. Your
•program should ificlude core|elementS|ithat|are appropriate to most of the scenarios,
Supplemented with more specific response information for individual scenarios.
This distinction should be reflected in your emergency response plan, which should
explain when to access the general and specific response information. To do this,
you will need to consider the following four steps:
4- Identify and characterize the hazards for each covered process. The process
hazards analysis (see Chapter 7) or hazard review (see Chapter 6), and
bffsite consequence analysis (see Chapter 4) should provide this information.
+ For each program element, compare the activities involved in responding to
each type of accident scenario and decide if they are different enough to
require separate approaches. For example, response equipment and training
will likely be different for releases of toxic versus flammable gases.
+ For those program elements that may be chemical- or process-specific,
identify what and how systems and procedures need to be modified. For
example, if existing mitigation systems are inadequate for responding to
certain types of releases, you will need to consider what additional types of
equipment are needed.
4- Consider possible causes of emergencies in developing your emergency
response('program". You should consider both the hazards at your facility and
in the surrounding environment. M making this determination, you should
consider your susceptibility to:
; i : i
Fires, spills, and yapor releases;
Floods, temperature extremes, tornadoes, earthquakes, and
hurricanes;
Loss of utilities, including power failures; and
Train derailments, bomb threats, and other man-made disasters.
8.4 INTEGRATION OF EXISTING PROGRAMS
A number of other federal statutes and regulations require emergency response
planning (see Exhibit 8-2). On June 5, 1996, the National Response Team (NRT), a
multi-agency group chaired by EPA, published the Integrated Contingency Plan
Guidance in the Federal Register (61 FR 28642). This guidance is intended to be
used by facilities to prepare emergency response plans for responding to releases of
July 1998
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8-9
Chapter 8
Emergency Response Program
oil and hazardous substances. The guidance provides a mechanism for consolidating
multiple plans that you prepared to comply with various regulations into a single,
functional emergency response plan or integrated contingency plan (ICP).
The ICP guidance does not change existing regulatory requirements; rather, it
provides a format for organizing and presenting material currently required by
regulations. Individual regulations are often more detailed than the ICP guidance.
To ensure full compliance, you will still need to read and comply with all of the
federal regulations that apply. The guidance contains a series of matrices designed
to assist you in consolidating various plans while documenting compliance with
these federal requirements.
The NRT and the agencies responsible for reviewing and approving plans to which
the ICP option applies have agreed that integrated response plans prepared according
to the guidance will be acceptable and the federally preferred method of response
planning. The NRT anticipates that future development of all federal regulations
addressing emergency response planning will incorporate use of the ICP guidance.
As shown in Exhibit 8-3, the ICP format is organized into three main sections: an
introductory section, a core plan, and a series of .supporting annexes. The notice
published in the Federal Register explains the intended structure of the ICP and
provides detailed annotation. EPA's EPCRA/RCRA/Superfund Hotline can supply
you with a copy and answer general questions about the guidance; for further
information and guidance on complying with specific regulations, you should contact
the appropriate federal agencies.
AN APPROACH TO INTEGRATION
Like many other facilities, you may have opted to develop and maintain separate
documents and procedures for each federal emergency planning requirement.
However, meeting the Clean Air Act emergency response requirements provides you
with the opportunity to integrate several existing programs. Integrating the various
emergency response efforts you conduct (both those mandated by management and
by government) will increase the usefulness of your emergency preparedness
activities and decrease the burden associated with maintaining multiple programs.
Integration will improve your chances to respond effectively to a release by
streamlining your training and eliminating overlaps and conflicts in the roles and
responsibilities of your employees under different programs. However, it is
important to note that, although you are encouraged to integrate your emergency
response efforts, it is not a requirement of the Clean Air Act.
If you have multiple emergency response programs, you should consider integrating
them into a single program with procedures for responding to your most likely
release scenarios. The ICP Guidance discussed above provides comparison matrices
for a number of federal programs that will help you accomplish the following:
+ Distinguish the individual regulatory provisions with which you must
comply, and
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111I I I'
111, Chapter 8
Emergency Response Program
III
8-10
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4- Identify where an integrated effort can meet the requirements of two or more
regulations.
The requirements of various emergency response programs may be similar, but the
subtle differences between requirements will likely determine the degree to which
integration is a feasible and beneficial undertaking (see Exhibit 8-4). To help you
identify the relevant rules and regulations, the ICP Guidance provides
section-by-section regulatory citations for each emergency response program
element for each of the regulatory programs fisted in Exhibit 8-2
8.5 HAVE I MET PART 68 REQUIREMENTS?
EPA believes that the creation of multiple response plans to meet slightly different
™;;7 • ff; federal or state standards is couiiterproductive, diverting resources that could be used
;• :;|'": ||; fb develop better response capabilitie^ effort to
reduce the imposition of potentially duplicative or redundant federal requirements,
,»,,, _,., , EPA^has limited its requirements for the emergency response program to the general
•&: f=;': lplrovisions"lnWdatedb^lCongress,las described'in Section 8.2.
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As a result, EPA believes that facilities subject to other federal emergency planning
requirements may have already met the requirements of these regulations. For
example, plans developed to comply with other EPA contingency planning
requirements and the oJSHA HAZWOPERruIe (29 CFR 1910.120) will likely meet
_ the requirements for; the emergency response plan (and most of the requirements for
me emergency response program), the following discussion presents some general
guidance on what actions you need to take for each of the required elements.
EMERGENCY RESPONSE PLAN
If you already have a written plan to comply with another planning regulation, you
do not need to write another plan, but only add to it as necessary to cover the
elements listed below.
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8-11
Chapter 8
Emergency Response Program
Exhibit 8-3
Integrated Contingency Plan Outline
Section I - Plan Introduction Elements
1. Purpose and Scope of Plan Coverage
2. Table of Contents
3. Current Revision Date
4. General Facility Identification Information
a. Facility name
b. Owner/operator/agent (include physical and mailing address and phone number)
c. Physical address of the facility (include county/parish/borough, latitude/longitude, and directions)
d. Mailing address of the facility (correspondence contact)
e. Other identifying information (e.g., ID numbers, SIC Code, oil storage start-up date)
f. Key contact(s) for plan development and maintenance
g. Phone number for key contact(s)
h. Facility phone number
I. Facility fax number
Section II - Core Plan Elements
1. Discovery
2. Initial Response
a. Procedures for internal and external notifications (i.e., contact, organization name, and phone number
of facility emergency response coordinator, facility response team personnel, federal, state, and local
officials)
b. Establishment of a response management system
c. Procedures for preliminary assessment of the situation, including an identification of incident type,
hazards involved, magnitude of the problem, and resources threatened
d. Procedures for establishment of objectives and priorities for response to the specific incident,
including:
(1) Immediate goals/tactical planning (e.g., protection of workers and public as priorities)
(2) Mitigating actions (e.g., discharge/release control, containment, and recovery, as appropriate)
(3) Identification of resources required for response
e. Procedures for implementation of tactical plan
f . Procedure for mobilization of resources
3. Sustained Actions
4. Termination and Follow-Up Actions
Section III - Annexes
Annex 1. Facility and Locality Information
a. Facility maps
b. Facility drawings
Facility description/layout, including identification of facility hazards and vulnerable resources and
populations on and off the facility which may be impacted by an incident
c.
July 1998
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Emqrgency Response Program
8-12
Exhibit 8-3 (continued)
Annex 2
a.
b.
c.
Annex 3
a.
b.
c.
d.
e.
f.
Annex 4,
a.
b.
Annex 5
Annex 6
Annex?
Annex 8
;. Notification
Internal notifications
Community notifications
Federal and state agency notifications
. Response Management System
General
Command
Operations
Planning
Logistics
Finance/procurement/administration
•. Incident Documentation
Post accident investigation
Incident history
. Training and Exercises/Drills
. Response Critique and Plan Review and Modification Process
. Prevention
. Regulatory Compliance and Cross-Reference Matrices
Exhibit 8-4
Sample Integration Effort
Written site evacuation procedures are required by several emergency planning regulations. In
keeping with the spirit of the ICP Guidance, rather than preparing multiple sets of evacuation
procedures (and possibly introducing dangerous errors as components are revised and updated), you
may want to compile a single set of procedures that includes the specific elements mandated by all of
the regulations. For example. If you have one or more adjacent operating areas that evacuate to the
same location(s), this approach will be very effective. On the other hand, if you have widely
separated operating areas with different evacuation routes and assembly points, integration will be
less useful.
Area
Shipping Room
Control Room
Tank Farm
Signal
Horn
Horn
Radio
Escape Route
Blue
Green
Red
Assembly Point
Front Gate
Parking Lot
Side Gate
Supervisor
Shipping Supervisor
Lead Operator
Inspector
July 1998
"I I I I!'
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8-13
Chapter 8
Emergency Response Program
Keep in mind: At a minimum, your plan must describe:
+ Your procedures for informing the public and offsite emergency response
agencies of a release. This must include the groups and individuals that will
be contacted and why, the means by which they will be contacted, the time
frame for notification, and the information that will be provided.
+ The proper first aid and emergency medical treatment for employees, first
responders, and members of the public who may have been exposed to a
release of a regulated substance. This must include standard safety
precautions for victims (e.g., apply water to exposed skin immediately) as
well as more detailed information for medical professionals. You must also
indicate who is likely to be responsible for providing the appropriate
treatment: an employee, an employee with specialized training, or a medical
professional.
+ Your procedures for emergency response in the event of a release of a
regulated substance. This must include descriptions of the actions to be
taken by employees and other individuals on-site over the entire course of
the release event:
Activation of alarm systems and interpretation of signals;
Safe evacuation, assembly, and return;
Selection of response strategies and incident command structure;
Use of response equipment and other release mitigation activities;
and
Post-release equipment and personnel cleanup and decontamination.
PLANNING COORDINATION
One of the most important issues in an emergency response program is deciding
which response actions will be assigned to employees and which will be handled by
offsite personnel. As a result, talking to public response organizations will be
critical when you develop your emergency response procedures. Although EPA is
not requiring you to be able to respond to a release alone, you should not simply
assume that local responders will be able to manage an emergency. You must work
with them to determine what they can do, and then expand your own abilities or
establish mutual aid agreements or contracts to handle those situations for which you
lack the appropriate training or equipment.
If you have already coordinated with local response agencies on how to respond to
potential releases of regulated substances and you have ensured an effective
response, you do not need to take any further action.
Keep in mind: Your coordination must involve planning for releases of regulated
substances from all covered processes and must cover:
My 1998
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: .Chapter 8
jgmergeacy Response Program
8-14
4 What offsite response assistance you will require for potential release
scenarios, including fire-fighting, security, and notification of the public;
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- SowTou wifl request offsite response assistance; and
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+ Who will be in charge of the response operation and how will authority be
f' |y|j , :|!' •: il;;i!;,1;;l(; delegated down the internal and offsite chain of command.
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Cpordination equivalent to that required for planning for extremely hazardous
;|; r: jl "' ' 1 ill " f"" "f'f1'1 '"'iiif'SiJ'™1'1'' ! "f 'IJ "' llii!"' - J3' !';. i ..... ..... ........ .......... ..... ................. .............. « ', ............ ' ', ...... "h ,'lh'^ ....... ...... ................. llv .................. ^ ............ 'I I, ................. „ ........... 7^ „ ................. ..................... , ...................... , ........... uin^, ..... . ..................... ' ..... ...................... ' ......... IV ...................... .......
f {'"substances under EPCRA sections 302-303 will be considered sufficient to meet this
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• » 'mtf -\m\ S "requirement. A more detailed discussion of this element is provided in 8.6.
v i le '"fall' •• alt ; • U : ; ..... ; :.„, " • , ni::1: :i -!5 . . ...... -( i * • ; '. ' ' , "::i;i ..... i : . i ..... !""1 • .:•:., in f ?! •• ,;i •; st ......... s tm- > ..... »•; t,ui- if si!';ii " , ,- ? ' • ss';fi:' •' , ';:; •; ? ii • •. !L " *• j ix •
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If you already have written procedures for using and maintaining your emergency
fespbiise equipment, you do not need to write new procedures.
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1 in mind: Your procedures must apply to any emergency equipment relevant to
ill;-- •« Wj' » a ^sporise involving a covered process, including all detection and mpiAoring
equipment, alarms and communications systems, and personal protective equipment
not used as part of normal operations (and thus not subject to the prevention program
requirements related to operating procedures and maintenance). The procedures
must describe:
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'4- How and when the equipment should receive routine maintenance; and
i
4 How and when the equipment should be inspected and tested for readiness.
Written procedures comparable to those necessary for process-related equipment
ugder the OSHA PSM Standard and EPA's Program 2 and 3 Prevention Programs
will be considered sufficient to meet this requirement.
EMPLOYEE TRAINING
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8-15
Chapter 8
Emergency Response Program
+ If they may need to activate an alarm system in response to a release event,
then their training should cover when and how to use the alarm system.
+ If they will serve on an emergency response team, then their training should
cover how to use emergency equipment and how the incident command
system works.
Emergency response training conducted in compliance with the OSHA HAZWOPER
Standard and 29 CFR 1910.38 will be considered sufficient to meet this requirement.
RESPONSE PLAN EVALUATION
If you already have a formal practice for regular review and updates of your plan
based on changes at the facility, you do not need to develop additional procedures.
Keep in mind: You must also identify the types of changes to the facility that would
cause the plan to be updated (e.g., a new covered process) and include a method of
communicating any changes to the plan to your employees (e.g., through training).
You may want to set up a regular schedule on which you review your entire
emergency response plan and identify any special conditions (e.g., a drill or exercise)
that could result in an interim review.
8.6 COORDINATION WITH LOCAL EMERGENCY PLANNING ENTITIES (§ 68.95(c))
Once you determine that you have at least one covered process, you should open
communications with local emergency planning and response officials, including
your local emergency planning committee if one exists. Because your LEPC consists
of representatives from many local emergency planning and response agencies, it is
likely to be the best source of information on the critical emergency response issues
in your community. However, in some cases, there may not be an active LEPC in
your community. If so, or if your state has not designated your community as an
emergency planning district under EPCRA, you will likely need to contact local
agencies individually to determine which entities (e.g., fire department, emergency
management agency, police department, civil defense office, public health agency)
have jurisdiction for your facility.
KEY COORDINATION ISSUES
If you have any of the toxic regulated substances above the threshold quantity, you
should have already designated an emergency coordinator to work with the LEPC on
chemical emergency preparedness issues (a requirement for certain facilities
regulated under EPCRA). If you have not (or if your facility has only regulated
flammable substances), you may want to do so at this time. The emergency
coordinator should be the individual most familiar with your emergency response
program (e.g., the person designated as having overall responsibility for this program
in your management system — see Chapter 5).
July 1998
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Chapter 8
Emergency Response Program
8-16
Involvement in the activities of your LEPC can have a dramatically positive effect on
your emergency response 'program^ as" well as on your relationship with the
surrounding community. Your LEPC can provide technical assistance and guidance
on .a .number of topics, such as conducting response training and exercises,
developing mutual aid agreements, and evaluating public alert systems. The
coordination process will help both the community and the facility prepare for an
^1 reducing expenditures of time and money, as well as helping eliminate
mm^iSMtl^^ !P :k^f:i®l^aEiKSlftl?JE^Siii miHil
1::;; You .should consider providing foe LEPC with draft versions of any emergency
,;ig|ta|*|ii^ emerg^cyl)iannlng e!fbrt& this
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rovements and lead to coordinated training and exercise efforts. In return, your
'g 'can'sup^pbrt your" emergency response pjogjjj^ gy providing information from
t- ' •« •> its own emergency pjanning efforts, including:
t ,• • i ii ' iSfe' 'V #'u3»8f iBS*. • s i'ij : <":«& J i'ii SHI ..... !; iff i-i : ". f i ;7ji; 'iwii'/'i' * J wpif"™1' "' ! " : **" • • • • • "1 '! '• ' - ..... "* ''•"' •
• . 4l9>: ..... ,fl B; jW: ^'III ' : ' (• !^,i i • . > / jl 1 tt H 'I* ' f * " *;. ........ 1 M • ^ Wi Wf1! ilitf'iii k.| fcltllWiiilif;. ...... ' i f . , ....... : ' ' . ; .......... i ...... > -j "; : " - * ....... ' " ..... .: t ( ..... E t'-' ............. •
il' Hi '.:i4. ................. Data on wind Action and weather conditions, or access to local
"" ...... -1" '... 1.' - .......... metebroioglcal 'data^tb'heip you mate 'decisib^' related to me evaomtiono^
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employees and public alert notification;
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training police, medical, and fire department personnel, to help you identify
what training is already available;
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Chapter 8
Emergency Response Program
this information may not be as up-to-date or as comprehensive. Remember, the
LEPC has been given the authority under EPCRA and Clean Air Act regulations to
request any information necessary for preparing the community response plan.
Planning for Flammable Substances
In the case of regulated flammable substances, the fire department with jurisdiction over your facility
may already be conducting fire prevention inspections and pre-planning activities under its own
authority. Your participation in these efforts (as requested) will allow local responders to gather the
information they need and prepare for an emergency. If there is no local fire department, or if there
is only a volunteer fire department in your area, you may need to contact other local response or
planning officials (e.g., police) to determine how you can work with the community.
July 1998
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i w: i
Chapter 8
Emergency Response Program
8-18
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JuJy 1998
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CHAPTER 9: RISK MANAGEMENT PLAN (PART 68, SUBPART G)
You must submit one risk management plan (RMP) to EPA for all of your covered
processes (§ 68.150). EPA has developed an electronic submission program
(RMP*Submit) for your use. If you cannot submit electronically, you may request a
hardship waiver and submit your RMP on paper. In either case, your RMP is due no
later than the latest of the following dates:
4- June 21, 1999;
4- The date on which a regulated substance is first present above a threshold
quantity hi a process; or
4- Three years after the date on which a regulated substance is first listed by
EPA.
EPA's automated tool for submitting RMPs, RMP*Submit™, discussed below, is
available free from the EPCRA hotline (on disk) or can be downloaded from
www.epa.gov/ceppo/.
9.1 ELEMENTS OF THE RMP
The length and content of your RMP will vary depending on the number and
program level of the covered processes at your facility. See Chapter 2 for detailed
guidance on how to determine the program levels of each of the covered processes at
your facility.
Any facility with one or more covered processes must include in its RMP:
4- An executive summary (§ 68.155);
4- The registration for the facility (§ 68.160);
4- The certification statement (§ 68.185);
4- A worst-case scenario for each Program 1 process; at least one worst-case
scenario to cover all Program 2 and 3 processes involving regulated toxic
substances; at least one worst-case scenario to cover all Program 2 and 3
processes involving regulated fiammables (§ 68.165(a));
4- The five-year accident history for each process (§ 68.168); and
4- A summary of the emergency response program for the facility (§ 68.180).
Any facility with at least one covered process hi Program 2 or 3 must also include in
its RMP:
April 17,2000
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4- A summary of the prevention program for each Program 3 process (§ 68.
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Subpart G of part 68 (see Appendix A) provides more de^ on me date required for
:.•**'*(''!! ^i™1" *55::ir"fi4J?jLflf1to5 elements. Tb^_ actual. RMP form, however, contains more detailed
.;. ;'.;:'" • ~;••"''f= ' -'' guidance to make it possible to limit the number of"text entries. For example," the
V;;;';;!"1;! "Ill , ill'"' 'riile requires you to report on the major hazards identified during a PHA or hazard
review and on public receptors affected by worst-case and alternative case scenarios.
!|i'i'lljllllli f', i ' I'l'lllllHllli' '< WlVi! 'il'I'.'IJ-'-! 'in'1'11 '' '3""i'|i!li!!iii ' Bin''1 11 • '"'I* rii', ", "ni'i „ ii,, , IT ' nil'i,11 11,iii,<,: i i, in J''^'!,' , ii ,<• , I Ii , , i,ii, I,L , >,
'I'''"'I'M"',-'\s{'l»itifiiiilXIne RMP provides a list of options for you to check for these elements. Except for
lllill;!:;,! i! liillilli:, i|', '|i'li|lllllllll!illlllllll' , 11'' i ^ ">1 'iKi'£i , , 11, iiT^ , i, ,„, w ," , j ' ,11, i,, ' " i' ii' ' i,', n n* w j,
the executive summary, the RMP consists primarily of yes/no answers, numencal
information (e.g., dates, quantities, distances), and a few text answers (e.g., names,
,'„.',,,wr' '.,..„]"'~, ™'"^^d^gggeSj^chaaiical.identity), ^yherepossible, RI^*Subjtnii™^provides "pick lists"
to jjglp you complete the form. For example, RMP*Submit™ provides a list of
feSulated substances and automatically fills in the CAS numbers when you select a
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"'/•'•'!". r:—!;! ,—: ,\!l|Astance.
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EPA provides instructions for each of the data elements to be reported in the RMP
"•:!\^ithJlMP*Siibmit™. The instructions explain each data element and help you
'Vil, , ji',^,: ~~. :';;,tmde|s|a|i{| what acceptable data are for each. The instructions are available with the
software and are posted on EPA's web site.
9.2 RMP SUBMISSION
fS,' l 'if:']1!'!!:,!;;!; l,l,'1; j|i|!i fiii',:' ••Jl|^(t fil't,111 'SlSJI'tfi'li;
: SUBMISSION
RMPs must be sent to:
The iSMip Reporting; Center
P.O. Box 3346
VA 22116-3346
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EPA has made RMP*Submit™ available to complete and file your RMP.
RMP*Submit™ does the following:
+ Provides a user-friendly, PC-based RMP Submission System available on
•;" :_~,';.",':;; "; :;::::1;: • ,'::;", , ,"","::;::' ;;,,::: ; : , , diskettes and via the Internet;
ill* i Sif"! IK! II ''» ;!'! If! (vl,, \ -ii *.j,;. Jifllll^ lill r • li!' '' - ^, fl"!« y e • •• : i1 • •; t: t. u v: ii«!r;; i:" f W1; -, i ',,i .,• •»-. :. • i • •; ; • • 'v, • •,•.. n A i« -, • •;';,, •• ! IK „•" ,: • . • T ~. n, ^ i • , ^: s> i I
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i:"'; j'Vjs , -I , ii?';!:'„;,",:',:,;, i:;' "•';«'•, ?:M 4^ '" Uses a standards-based, open systems architecture so private companies can
'"'"'""""i'*'''''creaiecbmpatible software; and'
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iiiiiii, 111 iii'inn, in: iiii ii|i| " i",' in iiii'iT, in ii in inL i i 11 „' iiiiiiiiiiiiiiiiiK i, iiiiii1"! i • 'I'" iihiii'ii' ib i i' ,„: «, n "if ,,,,'!i,i,, i,»n i: i ,,ui , iiiiiii i' ii, 111, i" ," u i ,i i,, "i .nil MI iiiiii: in iiy, 11 in ,, i,,i TIII" :' i' ', r, »i iiiiiiiiiiiii1,111 :"i
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-------
9-3
Chapter 9
Risk Management Plan
+ Performs data quality checks, accept limited graphics, and provide on-line
help including defining data elements and providing instructions.
The software runs on Windows 3.1 and above. There will not be a DOS or MAC
version.
HARD COPY SUBMISSION
If you are unable to submit electronically for any reason, just fill out the Electronic
Waiver form available in the RMP*Submit™ manual and send it in with your RMP.
See the RMP* Submit manual for more information on the Electronic Waiver. The
forms are also available from http://www.epa.gov/swercepp/rmpsubmt.htmlSsteps
and from the EPCRA hotline (see Appendix C). If you submit on paper, you must
use the official form. If you do not use the official form, your RMP can not be
processed.
IMPORTANT REMINDERS
Do not forget your certification letter. A certification letter is required for all RMP
submissions. See Chapter 3, Section F of the RMP*Submit User's Manual for more
information on the certification letter
Protect your diskette against damage. Mail you diskette in a cardboard diskette
mailer or put some padding around it.
Make sure your Executive Summary is in ASCII DOS Text format and that it is
actually on the diskette submitted. If the Executive Summary is more than 32 KB,
you need to save it as a text file and identify the name of the text file in
RMP*Submit™. If you use a word processing program to develop the summary, you
must save it as ASCII text.
9.3 ISSUES PERTAINING TO SUBMISSIONS OF AND ACCESS TO CLASSIFIED,
CONFIDENTIAL BUSINESS INFORMATION (CBI), AND TRADE SECRETS
WHAT SHOULD I Do ABOUT CLASSIFIED INFORMATION?
Only Federal agencies and their contractors at Federal facilities may make claims of
classified information. If you have such a claim, EPA urges you not to submit the
information you can claim as classified as part of your RMP. If any classified
information is critical to the clarity and completeness of any part of the RMP, you
should submit that information separately, on paper, in an annex to the RMP. Any
annex marked as classified will be reviewed only by Federal and state
representatives who have received security clearances and are thereby authorized to
review such information.
April 17,2000
-------
Chapter 9
Risk Management Plan
9-4
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in your RMP as CBI. To qualify for CBI protection, you must be able to show that
the information meets the substantive criteria set forth in 40 CFR 2.301. These
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criteria generally require that the data be commercial or financial, that they not be
I;,;! ii"""'i:; {* i;;;'; IM ^'t, ,!' ' '*,: "If!!'1 •tft' ,,S?^fel?lP,tfee public through other means, that you take appropriate steps to
lisi'.i v:'l"i ' I1',; l'1:!.1 .,,:*=, '&F.tM*\ prevent disclosure, and that disclosure of the data would be likely to cause
Substantial harm to your competitive position. Reviewpf any CBI claims will be
U^'J*1!!1!"1 '.'' iliS'1 '"'iii'"' "'''?r'::! ¥&£":: iS "'',E§&4tei.al. Provid-ed for in 40 (JFR part 2. However, certain RMP data elements are
mill, i '••;•! ii '"~«i::.. ,"' l^i ::'l., I,'":..,'..:li': T^t J<^:': :&W claimable as CBI because they do not convey any business-sensitive information.
ii:;;" j",:'.! i 1^ :i| ,,: .. j|| i" S|j(ig|jij. "*jjjf . jjjjjj'1! JBPAhas developed specific procedures for submission of CBI claims for RMPs. See
§§ 68.151 and 68.152 for details on what data may be claimed as CBI and how to
; I ,| I \,:"_'~:" i ,° ° -r" ^.,' ^' ,", " _ \~ ,' ~ ; '"'isSert such claims.
9.4 RESUBMISSION AND UPDATES (§ 68.190)
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" H 'III!?!!.PI! s ' " iiil;'!:.! *• *ii':ir ^iB m- When you are required to update and resubmit your RMP is based on whether and
' jjijijij,,:',i u,,.!'"1!!i ii ;', i;" i ']', Illl'i] i I' ,'''': ill' ||,Pi '"!', iif ii'!'" P !''iKIII11,. ',|n||'if llUf "l<'f,i:|'lilll"'"I'lPI'i I'!'!'' 'Illli1 • S i M '"';i, r u'l-i,ii ,ii i1 i»ii ' ,„ if „', f»i? IH«I,: .iniiii,,< '.iiiii«..'' mh, * i.»' •• 'i, • .< • n t n,• SHI ih • .'». • n " • <',,',ii' M.I, i.1','i •" > „ "h T. i,,. :,.
f:'.'*'' !il:' •'"". "' '™'1:.'::. ***.!•*' ''l'i~:'!•'"'''"'what changes occur at your facility. Please refer to the Exhibit 9-1 and note that you
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* 5.1" :4; !l""';...:":;: ' "I" |. .."i:1'"''" * I!?*" ."fill '• 1= .''"are fggulfed to update and resubmit your RMP on the earliest of the dates that apply
''.l!|,;J;jil!ill!''h';''ii'- :,'' illiilli';',,'^.^^^-,^ilM&-!lB'i^yoiff'faciiiiiy: ' ' '
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IB I' iiS,!"!'"-!! ' 'L"1 f,"; Li. -., j',i,:.:' '"I '^''.laflB 'i-lilllll' [lilliJiii;1:'"::' ii'" :, ' ii'l.S, f I! ,'•': • I"'«' !> in:'' * &' i.i f'il • I. ,.13. ,f i". -. h Wf (ifc ii dfJ',(;!;,!;:',li;i|f_i ::|:i|||-; ^'''•^g^jated'substances tfiat'may not be'held at ^j^-^^ ^e tmie Qf submission.
!j|||i';,'' |i"l:' •itlllliiiiiil1.', i»|Bif i)H>;'^^s"pption| is'intended'to assist'facilities such as chemical warehouses, chemical
f&V^l* '"\"$?, '!]|ls 'lil!l'i"|psSbu|prs^ anSbatcKprocessors whose operatioiis involve nlghly variable types
" j^!|, 'j- ^l'il||;fii|| .jSSL •'••ISJliJ^d quantifies of regulated substances, but who are able to forecast their inventory
"' ji'l i. ijf' ^*titW;i«SSi.; •iia.'^B^^J^i jlfl?66 °^ accuracy- ^^er § 68.190, you are required to update and re-
Ijljl'i|;.?Vi'fiil;' lilJ'.'JBiil^S'ffllyovxRMPnol^er'than'me"'''date onwj^c^SLnewregulated"""substance is first
|lij||[;f ,1: hi'§\ 4sS'''Si;i BfeSent in a covered process above a threshold quantity By'usmg predictive filing,
llllh „ ,"!|, |,ni: L ,,' 'j!> niill|||,!|lil|i^ 'fiHsllli11'111!, il!«,,J j nii, "Jl giw« ,„':' ,"iii, , i,'|, 'ywi',, ^ ""f » ' iiir , M • ,; • • i, i • y ,^,1.1. l JIIMM, * i <.IIINII< M,,, , „,,; , ^ , i •, , ,
'Si i ii : * ;j; iif _ ' ' iiiJ i"? t ww<.Kms f aj'! ;y6u"will not be required to update and re-submit your RMP when you receive a new
|,li|||||iI'll , , T" , , I '],j'' :|'ll||i| ', , ' 1111,1!^ || ,'l ,'!i",i'l „ ill1',,!,,,! I | ji^iii, IJlLrf'''!!!'!!!1 i', 'I'' ||jl|l|l||||' "f'^illij'''''!'^!!'!!'.]!.!™™1111!11111'11111111111 'I|H V '"I, ! I I!'111 llll!l ' " '" !!!l" '' 'I'1 JjINIIIIiil,"*,,!111!1,'!",.!,!.!!!!!!,.1!! I'lillll, , T'Miillli '•' » I1,'1!1 V ' W 'III."'"Illllll1 ilhll'lllljillll 11,1,1'' IIUIIIIIIIIIIII',, ,1 • |ni|i|l|,|,illillllllilll,l|:Mllllli:,i 111,11,1 ".HI1, „ I ill ill ' "III1 I'a.11 I'll I ',!„ 'Will I"I I ,|I|»MMJ , «|,,i:, ,^ill , >y ' ,11
j!sy 'if' v'\ s: ''' f i. i;f''":;: ,«[| „:':;:'' O|K;J liip^gulated substance if that substance was included in your latest RMP submission (as
ijillii' i*!,11: '-'ll ;'II!i , i,. "• ''''tP'1'' iiii',n;ll•11^''long as you receive it in a quantity thatcloes not trigger a revised offsite consequence
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' ; as provided in § 68.36).
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-------
9-5
Chapter 9
Risk Management Plan
If you use predictive filing, you must implement your Risk Management Program
and prepare your RMP exactly as you would if you actually held all of the substances
included in the RMP. This means that you must meet all rule requirements for each
regulated substance for which you file, whether or not that substance is actually held
EXHIBIT 9-1
RMP UPDATES
Change That.Occurs at Your Facility
No changes occur
A newly regulated substance is first listed by
EPA
A regulated substance is first present above its
threshold quantity in:
a process already covered; or
— a new process.
A change occurs that results in a revised PHA or
hazard review
A change occurs that requires a revised offsite
consequence analysis
A change occurs that alters the Program level that
previously applied to any covered process
A change occurs that makes the facility no longer
subject to the requirements to submit a Risk
Management Plan
Date by Which You Must Update and Submit
your RMP
Within 5 years of initial submission
Within 3 years of the date EPA listed the newly
regulated substance
On or before the date the quantity of the regulated
substance exceeds the threshold in the process.
Within 6 months of the change
Within 6 months of the change
Within 6 months of the change
Submit a revised registration (indicating that the
RMP is no longer required) to EPA within 6
months of the change
on site at the time you submit your RMP. Depending on the substances for which
you file, this may require you to perform additional worst-case and alternative-case
scenarios and to implement additional prevention program elements. If you use tibis
option, you must still update and resubmit your RMP if you receive a regulated
substance that was not included in your latest RMP. You must also continue to
comply with the other update requirements stated in § 68.190.
How Do I DE-REGISTER?
If your facility is no longer covered by this rule, you must submit a letter to the RMP
Record Center within six months indicating that your stationary source is no longer
covered.
April 17, 2000
-------
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Chapter 9
Risk Management Plan
9-6
Qs&As
RMP UPDATES
Q. If a facility changes owners, but the manufacturing operations have not changed, are they required
to update their RMP?
A. Yes. If the owner of a facility changes, the RMP on record with EPA should reflect the current
owner by the date ownership changes or responsibility for operation of the facility is transferred.
You do not have to update each section of your RMP if the only thing that has changed is the name
of the owner. If the original RMP was submitted electronically, you must revise the original RMP as
needed and submit the revised RMP on diskette. Since EPA will not alter your submission for you,
sending EPA a letter about the change is not sufficient. Be sure to check the corrections box when
RMP*SUBMIT prompts you for submission type. If the original submission was on paper, make the
changes in red ink on the printout of your RMP submission that the RMP Reporting Center mailed
back to you to retain for your records. Whether you submitted on paper or diskette, you also must
submit a new certification letter reflecting the new facility owner name.
Q. If a facility changes owners and significant changes have been made to plant operations is the
facility required to update all sections of the RMP and resubmit it to EPA?
A. Yes. If the facility has new ownership and plant operations have changed significantly, the new
facility owner/operator needs to send EPA a new diskette with all sections of the RMP updated. You
will receive a recalculated anniversary date based on this new submission. Be sure to check Re-
submission when RMP*SUBMIT prompts you for submission type.
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Q&A
"REVISING" A PHA
Q. The rule states that I have to update my RMP whenever I revise a PHA. What constitutes a
rc% i sod PHA? Every time I go through management of change procedures I make a notation in the
PI IA file for the process, but would that constitute a revised PHA if the change did not affect the
validity of the PHA?
A. All changes (except replacement in kind) are subject to the management of change of procedures.
When processes undergo minor changes (e.g., minor rerouting of a piping run), information is
typically added to a PHA file to reflect the change, even though the validity of the PHA is not
affected by the modification. These minor changes and the addition of information about the change
to the PHA file are not considered a 'revision' of the PHA under the part 68. Major changes that
invalidate1 a PHA, leading you to 'update' or 'revalidate' the PHA so that it accurately reflects the
hazards of the process, are considered a revision of the PHA under part 68.
April 17,2000
-------
CHAPTER 10: IMPLEMENTATION
10.1 IMPLEMENTING AGENCY
The implementing agency is the federal, state, or local agency that is taking the lead
for implementation and enforcement of part 68. The implementing agency will
review RMPs, select some RMPs for audits, and conduct on-site inspections. The
implementing agency should be your primary contact for information and assistance.
WHO Is MY IMPLEMENTING AGENCY?
Under the CAA, EPA will serve as the implementing agency until a state or local
agency seeks and is granted delegation under CAA section 112(1) and 40 CFR part
63, subpart E. You should check with the EPA Regional Office to determine if your
state has been granted delegation or is in the process of seeking delegation. The
Regional Office will be able to provide contact names at the state or local level. See
http://www.epa.gOV/swercepp/pubs/l 12r-sts/l 12rrsts.html for addresses and contact
information for EPA Regions and state implementing agencies.
IF THE PROGRAM Is DELEGATED, WHAT DOES THAT MEAN?
To gain delegation, a state or local agency must demonstrate that it has the authority
and resources to implement and enforce part 68 for all covered processes in the state
or local area. Some states may, however, elect to seek delegation to implement and
enforce the rule for only sources covered by an operating permit program under Title
V of the CAA. When EPA determines that a state or local agency has the required
authority and resources, EPA may delegate the program.. If the state's rules differ
from part 68 (a state's rules are allowed to differ in certain specified respects, as
discussed below), EPA will adopt, through rulemaking, the state program as a
substitute for part 68 in the state, making the state program federally enforceable. In
most cases, the state will take the lead in implementation and enforcement, but EPA
maintains the ability to enforce part 68 in states in which EPA has delegated part 68.
Should EPA decide that it is necessary to take an enforcement action in the state, the
action would be based on the state rule that EPA has adopted as a substitute for part
68. Similarly, citizen actions under the CAA would be based on the state rules that
EPA has adopted.
Under 40 CFR 63.90, EPA will not delegate the authority to add or delete substances
from § 68.130. EPA has proposed, in revisions to part 63, that the authority to revise
Subpart G (relating to RMPs) will not be delegated. Even if your state or local
authority is the implementing agency, you must file your RMP with EPA (see
Chapter 9). You should check with your state to determine whether you need to file
additional data for state use or submit amended copies of the RMP with the state to
cover state elements or substances.
If your state has been granted delegation, it is important that you contact them to
determine if the state has requirements in addition to those in part 68. State rules
April 17, 2000
-------
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10-2
may be more stringent than part 68. This document does not cover state
requirements.
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DELEGATION
Q. In what ways may state rules be more stringent? Does this document provide guidance on state
differences?
A. States may impose more detailed requirements, such as requiring more documentation or more
frequent reporting, specifying hours of training or maintenance schedules, imposing equipment
requirements or call for additional analyses. Some states are likely to cover at least some additional
chemicals and may use lower thresholds. This document does not cover state differences.
Q. Will the general duty clause be delegated?
A. The general duty clause (CAA section 112(r)(l)) is not included in part 68 and, therefore, will not
be delegated. States, however, may adopt their own general duty clause under state law.
10.2 REVIEWS/AUDITS/INSPECTIONS (§ 68.220)
g II II II I I III I III I n n n n i in 11 i in n IN n in 11 n ii i nn iiii iiiiijni MI in i n n i n i n,i n in in nn i nij nun in niyini''!!'"!!'!!!!!!:"1 "'iiiiiiiiiiiii'"'.'!!'!'"''!'!!!
The implementing agency is required under part 68 to review and conduct audits of
RMPs. Reviews are relatively^ quick checks of the RMPs to determine whether they
are complete and whether mey contain any information that is clearly problematic.
For example, if an RMP for a process containing flammables fails to list fire and
explosion as a hazard in the prevention program, the implementing agency may flag
that as a problem. The RMP data system will perform some of the reviews
,".,, ,. i v ,, ,,;",,' _,": ',,',,,,„.,,,,,_ ,,,,. ,,, ,._;..j^u^pn^ti^c^y by flagging RMPs submitted without necessary data elements
Faculties maybe selected for audits based on any of the following catena, set out in
, ", ,.»..-« i—•;• §68.220: ^
",'':i VK, "silt'' IB 'ifr; :;:, ;„;: Accident history of the facility
|| J!ti iii, jpP^^^^": 1||-;;1 W, ,, i" 1 i i^ccfdent history' of other faciliHes" in~tde same' industry
|; j ,,fi;!' i|J|;' _ f\ i j fl'iif I lilli |S: yjik ' j||; ii" -:|; i i" i"", iiQuantiry of regulated substances handled at the site
$1! W, Ml &\''- III 1,,': „•• jfelJli ''lilfSi''''^1" "l!l"''"' "Location of the facih'ty and its proximity to public and environmental
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= ;;i .iiii i,:-i,:«::,' ;•' ,i, i;;: ; , .;;••, :;™r.™, rf-.. ,~ The presence of specific regulated substances
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^',;ji, s55f,.vS!;i ;.*• Theih^ardsiidentiiiedmitheRMP
4- A plan providing for random, neutral oversight
WHAT ARE AUDITS AND How MANY WILL BE CONDUCTED?
Under the CAA and part 68, audits are conducted on the RMP. Audits will generally
be reviews of the RMP to review its adequacy and require revisions when necessary
July 1998
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10-3
Chapter 10
Implementation
to ensure compliance with part 68. Audits will help identify whether the underlying
risk management program is being implemented properly. The implementing agency
will look for any inconsistencies in the dates reported for compliance with
prevention program elements. For example, if you report that the date of your last
revision of operating procedures was in June 1998 but your training program was last
reviewed or revised in December 1994, the implementing agency will ask why the
training program was not reviewed to reflect new operating procedures.
The agency will also look at other items that may indicate problems with
implementation. For example, if you are reporting on a distillation column at a
refinery, but used a checklist as your PHA technique, or you fail to list an
appropriate set of process hazards for the process chemicals, the agency may seek
further explanations as to why you reported in the way you did. The implementing
agency may compare your data with that of other facilities in the same industrial
sector using the same chemicals to identify differences that may indicate compliance
problems.
If audits indicate potential problems, they may lead to requests for more information
or to on-site inspections. If the implementing agency determines that problems exist,
it will issue a preliminary determination listing the necessary revisions to the RMP,
an explanation of the reasons for the revisions, and a timetable. Section 68.220
provides details of the administrative procedures for responding to a preliminary
determination.
The number of audits conducted will vary from state to state and from year to year.
Neither the CAA nor part 68 sets a number or percentage of facilities that must be
audited during a year. Implementing agencies will set their own goals, based on then-
resources and particular concerns.
WHAT ARE INSPECTIONS?
Inspections are site visits to check on the accuracy of the RMP data and on the
implementation of all part 68 elements. During inspections, the implementing
agency will probably review the documentation for rule elements, such as the PHA
reports, operating procedures, maintenance schedules, process safety information,
and training. Unlike audits, which focus on the RMP but may lead to determinations
concerning needed improvements to the risk management program, inspections will
focus on the underlying risk management program itself.
Implementing agencies will determine how many inspections they need to conduct.
Audits may lead to inspections or inspections may be done separately. Depending on
the focus of the inspection (all covered processes, a single process, or particular part
of the risk management program) and the size of the facility, inspections may take
several hours to several weeks.
July 1998
-------
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10-4
10.3 RELATIONSHIP WITH TITLE V PERMIT PROGRAMS
Part 68 is an applicable requirement under the CAA Title V permit program and
must be listed in a Title V air permit. You do not need a Title V air permit solely
because you are subject to part 68. If you are required to apply for a Title V permit
because you are subject to requirements under some other part of the CAA, you
must:
in 11
List part 68 as an applicable requirement in your permit
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+ Include conditions that require you to either submit a compliance schedule
for meeting the requirements of part 68 by the applicable deadlines or
;•;;"; r,' ;:J^ii^|u^e^mpi^ce wiihpiart 68 as part of your certification statement
You must also provide the permitting agency with any other relevant information it
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If you have a Title V permit and it does not address the part 68 requirement, you
; 1 should, contact your permitting aumority and determine whether your permit needs to
be amended to reflect part 68.
10.4 PENALTIES FOR NON-COMPLIANCE
Penalties for violating the requirements or prohibitions of part 68 are set forth in
CAA section 113. This section provides for both civil and criminal penalties. EPA
may assess civil penalties of not more than 527300 per day per violation. Any one
convicted of knowingly violating part 68 may also be punished by a fine pursuant to
Title 18 of the U.S. Code or by imprisonment for no more than five years, or both;
anyone convicted of knowingly filing false information may be punished by a fine
pursuant to Title 18 or by imprisonment for no more than two years.
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10-5
Chapter 10
Implementation
QS&AS
AUDITS
Q. If we are a Voluntary Protection Program (VPP) facility under OSHA's VPP program, are we
exempt from audits?
A. You are exempt from audits based on accident history of your industry sector or on random,
neutral oversight. An implementing agency that is basing its auditing strategy on other factors may
include your facility although EPA expects that VPP facilities will generally not be a high priority for
audits unless they have a serious accident.
Q. If we have been audited by a qualified third party, for ISO 14001 certification or for other
programs, are we exempt from audits?
A. No, but you may want to inform your implementing agency that you have gained such
certification and indicate whether the third party reviewed part 68 compliance as part of its audit.
The implementing agency has the discretion to determine whether you should be audited.
Q. Will we be audited if a member of the public requests an audit of our facility?
A. The implementing agency will have to decide whether to respond to such public requests. EPA's
intention is that part 68 implementation reflect that hazards are primarily a local concern.
July 1998
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July 1998
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CHAPTER 11: COMMUNICATION WITH THE PUBLIC
Once you have prepared and submitted your RMP, EPA will make it available to the
public. Public availability of the RMP is a requirement under section 114(c) of the
Clean Air Act (the Act provides for protection of trade secrets, and EPA will
accordingly protect any portion of the RMP that contains Confidential Business
Information). Therefore, you can expect that your community will discuss the
hazards and risks associated with your facility as indicated in your RMP. You will
necessarily be part of such discussions. The public and the press are likely to ask you
questions because only you can provide specific answers about your facility and your
accident prevention program. This dialogue is a most important step in preventing
chemical accidents and should be encouraged. You should respond to these
questions honestly and candidly. Refusing to answer, reacting defensively, or
attacking the regulation as unnecessary are likely to make people suspicious and
willing to assume the worst. A basic fact of risk communication is that trust, once
lost, is very hard to regain. As a result, you should prepare as early as possible to
begin talking about these issues with the community, Local Emergency Planning
Committees (LEPCs), State Emergency Response Commissions (SERCs), other local
and state officials, and other interested parties.
Communication with the public can be an opportunity to develop your relationship
with the community and build a level of trust among you, your neighbors, and the
community at large. By complying with the RMP rule, you are taking a number of
steps to prevent accidents and protect the community. These steps are the individual
elements of your risk management program. A well-designed and properly
implemented risk management program will set the stage for informative and
productive dialogue between you and your community. The purpose of this chapter
is to suggest how this dialogue may occur. In addition, note that some industries
have developed guidance and other materials to assist in this process; contact your
trade association for more information.
11.1 BASIC RULES OF RISK COMMUNICATION
Risk communication means establishing and maintaining a dialogue with the public
about the hazards at your operation and discussing the steps that have been or can be
taken to reduce the risk posed by these hazards. Of particular concern under this rule
are the hazards related to the chemicals you use and what would happen if you had
an accidental release.
Many companies, government agencies, and other entities have confronted the same
issue you may face: how to discuss with the public the risks the community is
subject to. Exhibit 11-1 outlines seven "rules" of risk communication that have been
developed based on many experiences of dealing with the public about risks.
A key message of these "rules" is the importance and legitimacy of public concerns.
People generally are less tolerant of risks they cannot control than those they can.
For example, most people are willing to accept the risks of driving because they have
some control over what happens to them. However, they are generally more
My 1998
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Chapter 11
Communication with, the Public
« , '", i Hi! .1, Si , -i.'i1 },
11-2
uncomfortable accepting the risks of living near a facility that handles hazardous
chemicals if they feel that they have no control over whether the facj£|^ j-^^ Q^
accident. The Clean Air Act's provision for public availability of RMPs gives public
an opportunity to take part in reducing the risk of chemical accidents that might
occur in their community.
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Exhibit 11-1: Seven Cardinal Rules of Risk Communication
1. Accept and involve the public as a legitimate partner
2. Plan carefully and evaluate your efforts
3. Listen to the public's specific concerns
4. Be honest, frank, and open
5. Coordinate and collaborate with other credible sources
6. Meet the needs of the media
7. Speak clearly and with compassion
HAZARDS VERSUS RISKS
Dialogue in the community will be concerned with both hazards and risks; it is
useful to be clear about the difference between them.
Hazards are inherent properties that cannot be changed. Chlorine is toxic when
inhaled or mgested; propane is flammaBleC ¥Eere'i's'lit3e"1mat you can! 3o with" these
chemicals to change their toxicity or flammability. If you are in an earthquake zone
or an area affected by hurricanes, earthquakes and hurricanes are hazards. When you
conduct yourliazar3're^ew or process" Hazards analysis, you will be identifying your
hazards and determining; whether "the potential exposure to the hazard can be reduced
in any way (e.g., by limiting the quantity of chlorine stored on-site).
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Risk is usually evaluated based on several variables, including the likelihood of a
release occurring, the inherent hazards of the chemicals combined with the quantity
released, and the potential impact of the release on the public and the environment.
For example, if a release Curing;"Ioadin~g; occurs frequently, but the quantity of
chemical released is typically small and does not generally migrate off site, the
overall risk to the public is low. If the likelihood of a catastrophic release occurring
is extremely low, but the number of people who could be affected if it occurred is
large, the overall risk may still be low because of the low probability that a release
will occur. On the other hand, if a release occurs relatively frequently and a large
number of people could be affected, the overall risk to the public is high.
II l
July 1998
111!
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11-3
Chapter 11
Communication with the Public
The rule does not require you to assess risk in a quantitative way because, in most
cases, the data you would need to estimate risk levels (e.g., one in 100 years) are not
available. Even in cases where data such as equipment failure rates are available,
there are large uncertainties in using that data to determine a numerical risk level for
your facility, because your facility is probably not the same as other facilities, and
your situation may be dynamic. Therefore, you may want to assign qualitative
values (high, medium, low) to the risks that you have identified at your facility, but
you should be prepared to explain the terms if you do. For example, if you believe
that the worst-case release is very unlikely to occur, you must give good reasons;
you must be able to provide specific examples of measures that you have taken to
prevent such a release, such as installation of new equipment, careful training of
your workers, rigorous preventive maintenance, etc. You should also be able to
show documentation to support your claim.
WHO WILL ASK QUESTIONS?
Your Local Emergency Planning Committee (LEPC) and other faculties can help
you identify individuals in the following groups who may be reviewing RMP data
and asking questions. Interested parties may include:
(1) Persons living near the facility and elsewhere in the community or working
at a neighboring facility
(2) Local officials from zoning and planning boards, fire and police
departments, health and building code officials, elected officials, and various
county and state officials
(3) Your employees
(4) Special interest groups including environmental organizations, chambers of
commerce, unions, and various civic organizations
(5) Journalists, reporters, and other media representatives
(6) Medical professionals, educators, consultants, neighboring companies and
others with special expertise or interests
In general, people will be concerned about accident risks at your facility, how you
manage the risks, and potential impacts of an accident on health, safety, property,
natural resources, community infrastructure, community image, property values, and
other matters. Those individuals in the public and private sector who are responsible
for dealing with these impacts and the associated risks also will have an interest in
working with you to address these risks.
WHAT INFORMATION ABOUT YOUR FACILITY is AVAILABLE TO THE PUBLIC?
Even though the non-confidential information you provide in your RMP is available
to the public, it is likely that people will want additional information. Interested
July 1998
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ilShapter 11
Communication with the Public
11-4
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' wMknow that you retain additional information at your facility (e.g.,
documentation of the results of the offsite consequence analysis reported in your
. ! us? > i ....... i:1;, ism' : 'isiiiii ....... : ...... ................... • ..... • ....................... ..... ' ........... ' ...... - - .....................
. ...... • .......... - .» ....... • ..... • ...... ........ ...................... .•• ..... ....... ......................................... limn ....... RMF) and are required to make it available to EPA or its implementing agency
,:; , '~'~ ; ..... ::::~ ' :;:::::!: : J ill" during inspections or compliance audits. Therefore, they may request such
^informatiori. EPA encourages you to provide public access to this information. If
:":•': ••", • "~~ *-^Ji3v;E?A. or ite ..... implementing agency were to request this information, it would be
available to the public under section 1 14(c) of the CAA.
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•t'fl ; ,:il *! :! ........ i:!™i;: .. !!!'• . "St yom Ecallily, ..... such as: [[[ '
• iiiji'ii1 ..... a . ' i,;!,!; « r iiiiiit!:; ' -i iiiiiir -iiii ,>:' !>"•, ....... i ............ 1:1 ...... ifxtr t ..... ' •i!1 1 :-:s ~ :, x1 1-,, > , ii:<« > n s, ,•< -'t ..... n> Kit ...... ii. 4*uv. j. t >m ; liiiii;'' ! :3iim>i'< •,"« uf;1' •' 1 HI: ;< • ••* : i, * -•: f :, .;; ~<. : ' f ' :' a ; :>'!;'«:'•: ;
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:i|r :;: ; :;: : ,:::-::l::: ...... ; ; ,:r: ' : |i|;, •. i: ~ ; '• " • ;; ;: i agencies.
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l|i : I!1"; ..... I1',:1* ....... !> " ..... " *>' ....... '-"'choose to make the information publicly available, such as medical and
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Any other information you have provided to public agencies that can be
accessed by members of the public under the federal Freedom of Information
Act and similar state laws (and that may have been made widely available
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Any published materials on facility safety (either industry- or site-specific),
such as agency reports on facility accidents, safety engineering manuals and
textbooks, and professional journal articles on facility risk management.
11.2 SAMPLE QUESTIONS FOR COMMUNICATING WITH THE PUBLIC
Smaller^businesses m^'not'have the resources or time to develop the types of
outreach programs, described later in this chapter, that many larger chemical
companies have used to handle public questions and community relations. For many
small businesses, communication with the public will usually "occur'"when you are
asked questions about information in your RMP. It is important that you respond to
these questions constructively. Go beyond just answering questions; discuss what
you have done to prevent accidents and work with the community to reduce risks.
The people in your community will be looking to you to provide answers.
To help you establish a productive dialogue with the community, the rest of this
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11-5
Chapter 11
Communication with the Public
from your facility designated as responsible for communicating with the public
should review the following and talk to other community organizations to determine
which questions are most likely to be raised and identify other foreseeable issues.
Remember that others in the community, notably LEPCs and other emergency
management organizations are also likely to be asked these and other similar
questions. You should consider the unique features of your facility, your RMP, and
your historical relationship with the community (e.g., prior accidents, breakdowns in
the coordination of emergency response efforts, and management-labor disputes),
and work together with these other organizations to answer these questions for your
situation and to resolve the issues associated with' them.
July 1998
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What does your worst-case release distance mean?
The distance is intended to provide an estimate of the maximum possible area that might be affected
under catastrophic conditions. It is intended to ensure that no potential risks to public health are
overlooked, but the distance to an endpoint estimated under worst-case conditions should not be
considered a "public danger zone."
In most cases, the mathematical models used to analyze the worst-case release scenario as defined in
the rule may overestimate the area that would be impacted by a release. In other cases, the models
may underestimate the area. For distances greater than approximately six miles, the results of toxic
gas dispersion models are especially uncertain, and you should be prepared to discuss such
possibilities in an open, honest manner.
Reasons that modeling may underestimate the distance generally relate to the inability of some
models to account for site-specific factors that might tend to increase the actual endpoint distance.
For example, assume a facility is located in a river valley and handles dense toxic gases such as
chlorine. If a release were to occur, the river valley could channel the toxic cloud much farther than
it might travel if it were to disperse in a location with generally flat terrain. In such cases, the actual
endpoint distance might be longer than that predicted using generic lookup tables.
Reasons that the area may be overestimated include:
• For toxics, the weather conditions (very low wind speed, calm conditions) assumed for a
worst-case release scenario are uncommon and probably would not last as long as the time
the release would take to travel the distance estimated. If weather conditions are different,
the distance would be much shorter.
• For flammables, although explosions can occur, a release of a flammable is more likely to
disperse harmlessly or burn. If an explosion does occur, however, this area could be
affected by the blast; debris from the blast could affect an even broader area.
• In general, some models cannot take into account other site-specific factors that might tend
to disperse the chemicals more quickly and limit the distance.
Note: When estimating worst case release distances, the rule does not allow facilities to take into
account active mitigation systems and practices that could limit the scope of a release. Specific
systems (e.g., monitoring, detection, control, pressure relief, alarms, mitigation) may limit a release
or prevent the failure from occurring. Also, if you are required to analyze alternative release
scenarios (i.e., if your facility is in Program 2 or Program 3), these scenarios are generally more
realistic than the worst case, and you can offer to provide additional information on those scenarios.
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11-7
Chapter 11
Communication with the Public
What does it mean that we could be exposed if we live/work/shop/go to school
X miles away?
(For an accident involving a flammable substance):
The distance means that people who are in that area around the facility could be hurt if the contents
of a tank or other vessel exploded. The blast of the explosion could shatter windows and damage
buildings. Injuries would be the result of the force of the explosion and of flying glass or falling
debris.
(For an accident involving a toxic substance):
The distance is based on a concentration of the chemical that you could be exposed to for an hour
without suffering irreversible health effects or other symptoms that would make it difficult for you to
escape. If you are within that distance, you could be exposed to a greater concentration of the
chemical. If you were exposed to higher levels for an extended period of time (10 minutes, 30
minutes, or longer), you could be seriously hurt. However, that does not mean that you would be.
Remember, for worst case scenarios, the rule requires you to make certain conservative assumptions
with respect to, for example, wind speed and atmospheric stability. If the wind speed is higher than
that used in the modeling, or if the atmosphere is more unstable, a chemical release would be
dispersed more quickly, and the distances would be much smaller and the exposure times would be
shorter. If the question pertains to an alternative release scenario, you probably assumed typical
weather conditions in the modeling. Therefore, the actual impact distance could be shorter or longer,
and you should be prepared to acknowledge this and clearly explain how you chose the conditions
for your release scenario.
In general, the possibility of harm depends on the concentration of the chemical you are exposed to
and the length of time you are exposed.
July 1998
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IF THERE IS AN ACCIDENT, WILL EVERYONE WITHIN THAT DISTANCE BE HURT? WHAT
ABOUT PROPERTY DAMAGE?
In general, no. For an explosion, everyone within the circle would certainly feel the blast wave since
it would move in all directions at once. However, while some people within the circle could be hurt,
it is unlikely that everyone would be since some people would probably be in less vulnerable
locations. Most injuries would probably be due to the effects of flying glass, falling debris, or
impact with nearby objects.
Two types of chemicals may be modeled - toxics and flammables. Releases of flammables do not
usually lead to explosions; released flammables are more likely to disperse without igniting. If the
released flammable does ignite, a fire is more likely than an explosion, and fires are usually
concentrated at the facility.
For toxic chemicals, whether someone is hurt by a release depends on many factors. First, the
released chemicals would usually move in the direction of the wind (except for some dense gases,
which may be constrained by terrain features to flow in a different direction). Generally, only
people downwind from the facility would be at risk of exposure if a release occurred, and this is
normally only a part of the population inside the circle. If the wind speed is moderate, the
chemicals would disperse quickly, and people would be exposed to lower levels of the chemical. If
the release is stopped quickly, they might be exposed for a very short period time, which is less
likely to cause injury. However, if the wind speed is low or the release continues for a long time,
exposure levels will be higher and more dangerous. The population at risk would be a larger
proportion of the total population inside the circle. You should be prepared to discuss both
possibilities.
Generally, it is the people who are closest to the facility — within a half mile or less — who would
face the greatest danger if an accident occurred.
Damage to property and the environment will depend on the type of chemical released. In an
c\plosion, environmental impacts and property damage may extend beyond the distance at which
tniuncs could occur. For a vapor release, environmental effects and property damage may occur as a
result of the reactivity or corrosivity of the chemical or toxic contamination.
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11-9
Chapter 11
Communication with the Public
How SURE ARE You OF YOUR DISTANCES?
Perhaps the largest single difficulty associated with hazard assessment is that different models and
modeling assumptions will yield somewhat different results. There is no one model or set of
assumptions that will yield "certain" results. Models represent scientists' best efforts to account for
all the variables involved in an accidental release. While all models are generally based on the same
physical principles, dispersion modeling is not an exact science due to the limited opportunity for
real-world validation of results. No model is perfect, and every model represents a somewhat
different analytical approach. As a result, for a given scenario, people can use different consequence
models and obtain predictions of the distance to the toxic endpoint that in some situations might vary
by a factor often. Even using the same model, different input assumptions can cause wide variations
in the predictions. It follows that, when you present a single predicted value as your best estimate of
the predicted distance, others will be able to claim that the answer ought to be different, perhaps
greater, perhaps smaller, depending on the assumptions used in modeling and the choice of model
itself.
You therefore need to recognize that your predicted distance lies within a considerable band of
uncertainty, and to communicate this fact to those who have an interest in your results. A
neighboring facility handling the same covered substances as you do may have come up with a
different result for the same scenario for these reasons.
If you use EPA's RMP Off site Consequence Analysis Guidance or one of the industry-specific
guidance documents that EPA has developed, you will be able to address the issue of uncertainty by
stating that the results you have generated are conservative (that is they are likely to overestimate
distances). However, if you use other models, you will have to provide your own assessment of
where your specific prediction lies within the plausible range of uncertainties.
WHY DO YOU NEED TO STORE SO MUCH ON-SITE?
If you have not previously considered the feasibility of reducing the quantity, you should do so when
you develop your risk management program. Many companies have cited public safety concerns as
a reason for reducing the quantities of hazardous chemicals stored on-site or for switching to non-
hazardous substitutes. If you have evaluated your process and determined that you need a certain
volume to maintain your operations, you should explain this fact to the public in a forthright manner.
As appropriate, you should also discuss any alternatives, such as reducing storage quantities and
scheduling more frequent deliveries. Perhaps these options are feasible - if so, you should consider
implementing them; if not, explain why you consider these alternatives to be unacceptable. For
example, in some situations, more frequent deliveries would mean more trucks carrying the
substance through the community on a regular basis and a greater opportunity for smaller-scale
releases because of more frequent loading and unloading.
July 1998
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Chapter 11
Communication with the Public
11-10
WHAT ARE YOU DOING TO PREVENT RELEASES?
If you have rigorously implemented your risk management program, this question will be your
chance, if you have not already done so, to tell the community about your prevention activities, the
safe design features of your operations, the specific activities that you are performing such as
training, operating procedures, maintenance, etc., and any industry codes or standards you use to
operate safely. If you have installed new equipment or safety systems, upgraded training, or had
outside experts review your site for safety (e.g., insurance inspectors), you could offer to share the
results. You may also want to mention state or federal rules you comply with.
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For such questions, you will need to talk about any coordination that you have done with the local
fire department, LEPC, or mutual aid groups. Such coordination may include activities such as
defining an incident command structure, developing notification protocols, conducting response
training and exercises, developing mutual aid agreements, and evaluating public alert systems. This
description is particularly important if your employees are not designated or trained to respond to
releases of regulated substances.
If your employees will be involved hi a response, you should describe your emergency response plan
and the emergency response resources available at the facility (e.g., equipment, personnel), as well
as through response contractors, if appropriate. You also may want to indicate the types of events
for which such resources are applicable. Finally, indicate your schedule for internal emergency
response training and drills and exercises and discuss the results of the latest relevant drill or
exercise, including problems found and actions taken to address them.
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DO YOU NEED TO USE THIS CHEMICAL?
Again, if you have not yet considered the feasibility of switching to a non-hazardous substitute, you
should do so when you develop your risk management program. Assuming that there is no
substitute, you should describe why the chemical is critical to what you produce and explain what
you do to handle it safely. If there are substitutes available, you should describe how you have
evaluated such options.
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11-11
Chapter 11
Communication with the Public
WHY ARE YOUR DISTANCES DIFFERENT FROM THE DISTANCES IN THE EPA LOOKUP TABLES?
If you did your own modeling, this question may come up. You should be ready to explain in a
general way how your model works and why it produces different results. EPA allows using other
models (as long as certain parameters and conditions specified by the rule are met) because it
realizes that EPA lookup table results will not necessarily reflect all site-specific conditions.
In addition, although all models are generally based on the same physical principles, dispersion
modeling is not an exact science due to the limited opportunity for real-world validation of the
results. Thus, the method by which different models combine the basic factors such as wind speed
and atmospheric stability can result in distances that readily vary by a factor of two (e.g., five miles
versus ten miles). The introduction of site-specific factors can produce additional differences.
EPA recognizes that different models will produce differing predictions of the distance to an
endpoint, especially for releases of toxic substances. The Agency has provided a discussion of the
uncertainties associated with the model it has adopted for the OCA Guidance. You need to
understand that the distances produced by another model lie within a band of uncertainty and be able
to demonstrate and communicate this fact to those who are reviewing your results.
HOW LIKELY ARE THE WORST-CASE AND ALTERNATIVE RELEASE SCENARIOS?
It is generally not possible to provide accurate numerical estimates of how likely these scenarios are.
EPA has stated that providing such numbers for accident scenarios rarely is feasible because the data
needed (e.g., on rates for equipment failure and human error) are not usually available. Even when
data are available, there are large uncertainties in applying the data because each facility's situation
is unique.
In general, the risk of the worst-case scenario is low. Although catastrophic vessel failures have
occurred, they are rare events. Combining them with worst-case weather conditions makes the
overall scenario even less likely. This does not mean that such events cannot or will not happen,
however.
For the alternative scenario, the likelihood of the release is greater and will depend, in part, on the
scenario you chose. If you selected a scenario based on your accident history or industry accident
history, you should explain this to the public. You should also discuss any steps you are taking to
prevent such an accident from recurring.
July 1998
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ll I II III I II
Chapter II
Communication with the Public
11-12
IS THE WORST-CASE RELEASE YOU REPORTED REALLY THE WORST ACCIDENT YOU CAN HAVE?
The answer to this question will depend on the type of facility you have and how you handle
chemicals. EPA defined a specific scenario (failure of the single largest vessel) to provide a
common basis of comparison among facilities nationwide. So, if you have only one vessel, EPA's
worst case is likely to be the worst event you could have.
On the other hand, if you have a process which involves multiple co-located or interconnected
vessels, it is possible that you could have an accident more severe than EPA's worst case scenario.
If credible scenarios exist that could be more serious (in terms of quantities released or
consequences) than the EPA worst case scenario, you should be ready to discuss them. For example,
if you store chemicals in small containers such as 55-gallon drums, the EPA-defined worst-case
release scenario may involve a limited quantity, but a fire or explosion at the facility could release
larger quantities if multiple containers are involved. In this case, you should be ready to frankly
discuss such a scenario with the public. If you take precautions to prevent such scenarios from
occurring, you should explain these precautions also. If an accidental release is more likely to
involve multiple drums than a single drum as a result, for example, of the drums being stored closely
together, then you must select such a scenario as your alternative release scenario so that information
on this scenario is available in your RMP.
Chemical manufacturers may want to talk about releases that could result from runaway reactions
that could continue for several hours. This type of event could result in longer exposure times.
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WHAT ABOUT THE ACCIDENT AT THE [NAME OF SIMILAR FACILITY] THAT HAPPENED LAST MONTH?
This question highlights an important point: you need to be aware of events in your industry (e.g.,
accidents, new safety measures) for two reasons. First, your performance likely will be compared to
that of your competitors. Second, learning about the circumstances and causes of accidents at other
facilities like yours can help you prevent such accidents from occurring at your facility.
You should be familiar with accidents that happen at facilities similar to yours, and you should have
evaluated whether your facility is at risk for similar accidents. You should take the appropriate
measures to prevent the accident from occurring and be prepared to describe these actions. If your
facility has experienced a similar release in the past, this information may be documented in your
accident history or other publicly available records, depending on the date and nature of the incident,
the quantity released, and other factors. If you have already taken steps specifically designed to
address this type of accident, whether as a result of this accident, a prior accident at your facility, or
other internal decision-making, you should describe these efforts. If, based on your evaluation, you
determine that the accident could not occur at your facility, you should discuss the pertinent
differences between the two facilities and explain why you believe those differences should prevent
the accident from occurring at your facility.
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11-13
Chapter 11
Communication with the Public
WHAT ACTIONS HAVE YOU TAKEN TO INVOLVE THE COMMUNITY IN YOUR ACCIDENT PREVENTION
AND EMERGENCY PLANNING EFFORTS?
If you have not actively involved the community in accident prevention and emergency planning in
the past, you should acknowledge this as an area where you could improve and start doing so as you
develop your risk management program. Fkst, you may want to begin participating in the LEPC and
regional mutual aid organizations if you aren't doing so already. Other opportunities for community
involvement are fire safety coordination activities with the local fire department, joint training and
exercises with local public and private sector response personnel, the establishment of green fields
between the facility and the community, and similar efforts.
When discussing accident prevention and emergency planning with the community, you should
indicate any national programs in which you participate, such as the Chemical Manufacturers
Association's Responsible Care program or Community Awareness and Emergency Response
program or OSHA's Voluntary Protection Program. If fully implemented, these programs can help
improve the safety of the facility and the community. You may have future plans to participate in
areas described previously or have new initiatives associated with the risk management program. Be
sure you ask what else the community would like you to do and explain how you will do it.
CAN WE SEE THE DOCUMENTATION YOU KEEP ON SITE?
If the requested information is not confidential business information, EPA encourages you to make it
available to the public. Although you are not required to provide this information to the public,
refusing to provide it simply because you are not compelled to is not the best approach. If you
decide not to provide any or most of this material, you should have good reasons for not doing so
and be prepared to explain these reasons to the public. Simply taking a defensive position or
referring to the extent of your legal obligations is likely to threaten the effectiveness of your
interaction with the community. Offer as much information as possible to the public; if particular
documents would reveal proprietary information, try to provide a redacted copy, summary, or some
other form that answers the community's concerns. You may want to work with your LEPC on this
issue. You should also be aware that information that EPA or the implementing agency obtains as
part of an inspection or investigation conducted under section 114 of the Clean Air Act would be
available to the public under section 114(c) of the Act to the extent it does not reveal confidential
business information.
11.3 COMMUNICATION ACTIVITIES AND TECHNIQUES
Although this section is most applicable to larger companies, small businesses may
want to review it and use some of the ideas to expand their communications with the
public. To prepare for effective communication with the community, you should:
(1) Adopt an organizational policy that includes basic risk communication
principles (see exhibit 11-1).
July 1998
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11-15
Chapter 11
Communication with the Public
organization or its employees. Thus, you should assure that your risk communication
staff is instructed on how to deal with situations that pose these problems. This may
mean that you have an internal procedure enabling your staff to bring such situations
to top management and legal counsel for quick resolution, keeping in mind that
unduly defensive or legalistic responses that result in restricting the amount of
information that is provided can damage or destroy the risk communication process.
Your communication staff may find the following steps helpful in addressing the
priority issues in the communication process: •
Prior to RMP Submittal
4 Enlist employee support for, and involvement in, the communication
process.
4 Build on work you have done with your LEPC, fire department, and local
officials, and gain their insights.
4- Incorporate technical expertise, management commitment, and employee
involvement in the risk communication process.
4-. Use your RMP's executive summary to begin the dialogue with the
community; be sure you have taken all of the steps you present.
4 Taking a community perspective, identify which data elements need to be
clarified, interpreted, or amplified, and which are most likely to raise
community concerns; then compile the information needed to respond and
determine the most understandable methods (e.g., use of graphics) for
presenting the information.
At Submittal
4 Review the RMP to assure that you are familiar with its data elements and
how they were developed. In particular, review the hazard assessment,
prevention, and response program features, as well as documentation of the
methods, data, and assumptions used, especially if an outside consultant
performed the analyses and developed these materials. You have certified
their accuracy and your spokesperson should know them intimately, as they
reflect your plan.
4 Review your performance in implementing the prevention and response
programs and prepare to discuss problems identified and actions taken.
4 Review your performance in investigating accidents and prepare to discuss
any corrective actions that followed.
July 1998
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4- Identify the most likely concerns about risks identified in the RMP but not
fully addressed, consult with management and safety engineering, and
determine additional measures the organization will take to resolve these
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lllllll II I II III III IIIII II II I 111 III I 111 II II11III I ^rvn/^iixrrie"1 ' "''"" "1" ''l"1'1' ' ' lf 'l'1'"' '""'" '" ' ' "Il" '"' ll'"'" '"i:"' ' lli" '"* lh 'l1'' "' ' '"'"" """:''
| II III III | || III ill I 11111|| I I ^^ TJ-M^T I,'.- i i n . i
4 Avoid misrepresentations and minimize the roles of public relations
specialists.
4 Identify "best communication practices" (as described in the next section)
:i"';!''. * 3[*', J[s£-'Iii'''r- ;•'", £;_;'and plan how to use them.
Ill III | pi ' irBliJi'-lilti, iniiillLdillllllllllllilll'ir''!! "lllllllllllll|||ln:H"' MTi1 li • • ''ir'TlW^ITiir'..,,!111:;!1!;!!:!11 iiilttrtill i. "ill"..[ Ii I, II ilii'li'" llilliFPIUI'i1 I"1 .",'' Ill ,!\ ,-' 'i !,;, ill'1 V^Si, i'l'in,, i|li '("I i"1:!!1"1!! fiihl'!,.; I,!1"' IMItj Wli.J'Sliliihii,.. iNliKW .i1 IlliPl'i, I1 ill1?: W". "iJlll '.:,:,.nil
111 j;;; j j iii 11 i i ii i;:: ;.s ^K ijf;, ^.\^\. jjy ijgf, II '"i^p'^i WSfiivit < <$<.. SMIE!;8li!!iii)iilS ^.Mtel^-' I v <• ,., =, • -, • r- v
'*"'} i^';;!,":*^';1. ™ ^^i?8 a^rea^Y l^ye gained considerable experience in conamunicating with
r _=:::: ;;'.• r^:-; jjj; ".the public. Lessons from their experiences are described below. However, the value
of these best practices and your credibility will depend on your facility's possession
and ongoing demonstration of certain essential qualities:
4 Top management commitment (e.g., owner and facility manager) to
improving safety
4 Honesty, openness, and concern for the community
4- Respect for public concerns and perceptions
4 Commitment to maintakdng a dialogue wiJn all sectors of the community, to
learning from this dialogue, and to being prepared to change your practices
to make your facility more safe
4 Commitment to continuous improvement through internal procedures for
evaluating incidents and promoting organizational learning
iiiiiii ii n i i i i i n i in inn in nil 11 ii n | in n || 11 in ii n n
4 Knowledge of safety issues and safety management methods
4 Good working; relationships with me LEPC, fire department, and other local
officials
4 Active support for the LEPC and related activities
111 II INI III III I II II III II II I I II I 111 111 I III II I II
4 Employee support and commitment
4 Continuation of commitment despite potential public hostility or mistrust
Another note: Because each facility and community involves a unique combination
of factors, the practices used to achieve good risk communication in one case do not
necessarily ensure the same quality result when used in another case. Therefore,
III I I I J n
My 1998
iiii MI
i ni i i i i i
n iiiiii iinii
-------
11-17
Chapter 11
Communication with the Public
while it is advisable for you to review such experience to identify "best
communication practices," you should carefully evaluate such practices to determine
if they can be adapted to fit your unique ckcumstances. For example, if your facility
is in the middle of an urban area, you probably will use different approaches than
you would use if it were located in an industrial area far from any residential
populations. These practices are complementary approaches to delivering your risk
management message and responding to the concerns of the community.
With these cautions in mind, a number of "best" practices are outlined below for
consideration. First, you will want to establish formal channels for
information-sharing and communication with stakeholders. The most basic
approaches include the following:
+ Convene public meetings for discussion and dialogue regarding your risk
management program and RMP and take steps to have the facility owner or
manager and all sectors of the community participate, including minorities
and low-income residents.
+ Arrange meetings with local media representatives to facilitate their
understanding of your risk management program and the program summary
presented in your RMP.
+ Establish a repository of information on safety matters for the LEPC and the
public and, if electronic, provide software for public use. Some
organizations also have provided computer terminals for public use in the
community library or fire department.
Other, more resource-intensive activities of this type to consider include the
following:
+ Create and convene focus groups (small working groups) to facilitate
dialogue and action on specific concerns, including technical matters, and
take steps to assure that membership in each group reflects a cross section of
the community and includes technically trained persons (e.g., engineers,
medical professionals).
+ Hold seminars on hypothetical release scenarios, prevention and response
programs, applicable standards and industry practices, analytic methods and
models (e.g., on dispersion of airborne releases, health effects of airborne
concentrations), and other matters of special concern or complexity.
+ Convene special meetings to foster dialogue and collaborations with the
LEPC and the fire department and to establish a mutual assistance network
with other facility managers in the community or region.
+ Establish hot lines for telephone and e-mail communications between
interested parties and your designated risk communication staff and, if
feasible, a web site for posting useful information.
July 1998
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Ill,,,, UN1 " II, Ill < If I''1'!!' i! nil :i"l, Illl
,
Communication with the Public
11-18
finis, i; i:"'!1 .iiir •" ("i!'
il!I ii !'| <:! .I1"! 'V i. '!',
if!'!! j'1! ItM!1 1 fc;"
ilii i I'i ( Li'in1"
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I'll, Illl II ,lnl II 1,11 II,,'i:!i
;,., S^r. i"'1'1 t'gm'.i^S ,!m£«w:3Sft.^(I of these efforts, remember to use plain language an3 commonly understood
„„,', ,'„" iiw; "t1!:',!»';.!, »T«^ :«terms'; 'avoid the use of acronyms and technical and legal jargon. In addition,
„!,! llilW i| ,!, ,i||n'!ii|.""n "!' 'jj'i'ill'jj'l'ijjjjj'ijjj ''*™!!!l ' '"*"''""& ": J| " 'I|1|III"V1'1" '" '' l'1"' ' ll1"" " lH|1 '' ll"1111'11'1 '"1|1 i"Hi'Li'i "'i.1. ' •" J'M. nri.il. "" '.i'.'.i
,„, ;:: II™ .j",,.;1-!; ,:,,;:;;:;'if^jlj^jfljj. jyaj^ending on your audience, keep in inind that the preparation of multilingual
Ijjji, ,, materiSsmay be useful or even necessary.
Secondly, you may want to initiate or expand programs that more directly involve
'I'"!!!!! 1,1 !'!,!> ,,''IHH lilH'ni A,,2 ,rf a £u S, ST M/ ,
the community in your operations and safety programs. Traditional approaches
,, ,;' ^'[; !! ',;" ",;!—•_ '„ ~~t', :ii;;;|nclude Ae fojlpwing:
Arrange facility tours so that members of the public can view operations and
—"discuss safety procedures with supervisors and employees.
11(1111
l-ftliiil I I- ..... I'll,"!'
jii (IF;,i,*1,"1!»;,,:
iiilillliillill'"!:'!''!! ' In' 'Wlli!''
I''.-!!!!!!!? i"."!1:!!! i , II l I I j I I Ii I I II Kl III II1 II I I lllll III lllll III '<•!, in i."!;.
O'l 'I' .'ill''!!::!!::!!:.!'"
Organize a committee comprised of representatives from the facility, other
industry, emergency planning and response organizations, and community
groups and chaired by a community leader to independently evaluate your
safety and communication efforts (e.g., a Community Advisory Panel). You
may also want to finance the committee to pay for an independent
engineering consultant to assist with technical issues and learn what can be
done to improve safety, and thereby share control with the community.
July 1998
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11-19
Chapter 11
Communication with the Public
Your communication staff should review these examples, consider designing their
own activities as well as joint efforts with other local organizations, and ultimately
decide with the community on which set of practices are feasible and can best create
a healthy risk communication process in your community. Once these decisions are
made, you may want to integrate the chosen set of practices in an overall
communication program for your facility, transform some into standard procedures,
and monitor and evaluate them for continuous improvement.
OTHER COMMUNICATION OPPORTUNITIES
By complying with the RMP rule and participating in the communications process
with the community, you should have developed a comprehensive system for
preventing, mitigating, and responding to chemical accidents at your facility. Why
not share this knowledge with your staff, others you do business with (e.g.,
customers, distributors, contractors), and, perhaps through industry groups, others in
your industry? If you transfer this knowledge to others, you can help improve their
chemical safety management capabilities, enhance public safety beyond your
community, and possibly gain economic benefits for your organization.
11.4 FOR MORE INFORMATION
Among the numerous publications on risk communication., the following may be
particularly helpful:
+ Improving Risk Communication, National Academy Press, Washington,
D.C., 1989
+ "Safety Street" and other materials on the Kanawha Valley Demonstration
Program, Chemical Manufacturers Association, Arlington, VA
+ Community Awareness and Emergency Response Code of Management
Practices and various Guidance, Chemical Manufacturers Association,
Arlington, VA
+ Communicating Risks to the Public, R. Kasperson and P. Stallen, eds.,
Kluwer Publishing Co., 1991
+ "Challenges in Risk and Safely Communication with the Public," S. Maher,
Risk Management Professionals, Mission Viejo, CA, April 1996
+ Primer on Health Risk Communication Principles and Practices, Agency for
Toxic Substances and Disease Registry, on the World Wide Web at
atsdr 1 .atsdr.cdc.gov:8080
+ Risk Communication about Chemicals in Your Community: A Manual for
Local Officials, US Environmental Protection Agency, EPA
EPCRA/Superfund/RCRA/CAA Hotline
July 1998
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.^chapter 11
Communication with the Public
11-20
™~;!'',::I ,:, ;i;;,, ' i™,; lil;,,,::"1,!;,;!!; ~—.. I;",:,,1'^- Risk Communication aBout Cnemicdls in Your Community: Facilitator's
ail" i,'I lt',1 In !':, ?l,if '" 1111,1" "lli',i I!',"!;,!-!')! "I'llHI':, '"i'li Hill) ,,,i,llilll iii'lICi A'' .ilS-nili! lUIKI',! ',!:' I'll) -'I T"!,i,! 'i'l'llH^^^^^ ,,,;!,"'!!!, .aK.'MUVWWB:*. iiilHTllvV^^^^^^ 'I'llillilllllilllllll A ,„,, , „
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":;i:;" ii;-:;;:-1]- =: • _ :"; E, , !' ,::::,:;,, i'jrv./.:.;^.' '== |:j;:- i-.;:^; Chemicals in ih Community, US Environmental Protection Agency, EPA
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Appendix A
40 CFR part 68
-------
ii M II
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IJ
III 111
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i.i. >im ^i'^iiK'^m iiiiii
-------
Pt. 67, App. A
40 CFR Ch. I (7-1-99 Edition)
local agent, any noncompliance pen-
alties owed by the source owner or op-
erator shall be paid to the State or
local agent.
APPENDIX A TO PART 67—TECHNICAL
SUPPORT DOCUMENT
NOTE: EPA will make copies of appendix A
available from: Director, Stationary Source
Compliance Division, EN-341, 401 M Street,
SW., Washington, DC 20460.
[54 FR 25259, June 20, 1989]
APPENDIX B TO PART 67—INSTRUCTION
MANUAL
NOTE: EPA will make copies of appendix B
available from: Director, Stationary Source
Compliance Division, EN-341, 401 M Street,
SW., Washington, DC 20460.
[54 FR 25259, June 20, 1989]
APPENDIX C TO PART 67—COMPUTER
PROGRAM
NOTE: EPA will make copies of appendix C
available from: Director, Stationary Source
Compliance Division. EN-341, 401 M Street,
SW., Washington. DC 20460.
[54 FR 25259, June 20, 1989]
PART 68—CHEMICAL ACCIDENT
PREVENTION PROVISIONS
Sec.
68.1
68.2
68.3
68.10
68.12
68.15
Subpart A—General
Scope.
Stayed provisions.
Definitions.
Applicability.
General requirements.
Management.
Subpart B—Hazard Assessment
68.20 Applicability.
68.22 Offsite consequence analysis param-
eters.
68.25 Worst-case release scenario analysis.
68.28 Alternative release scenario analysis.
68.30 Defining offsite impacts—population.
68.33 Defining offsite impacts—environ-
ment.
68.36 Review and update.
68.39 Documentation.
68.42 Five-year accident history.
Subpart C—Program 2 Prevention Program
68.48 Safety information.
68.50 Hazard review.
68.52 Operating procedures.
68.54 Training.
68.56 Maintenance.
68.58 Compliance audits.
68.60 Incident investigation.
Subpart D—Program 3 Prevention Program
68.65 Process safety information.
68.67 Process hazard analysis.
68.69 Operating procedures.
68.71 Training.
68.73 Mechanical integrity.
68.75 Management of change.
68.77 Pre-startup review.
68.79 Compliance audits.
68.81 Incident investigation.
68.83 Employee participation.
68.85 Hot work permit.
68.87 Contractors.
Subpart E—Emergency Response
68.90 Applicability.
68.95 Emergency response program.
Subpart F—Regulated Substances for
Accidental Release Prevention
68.100 Purpose.
68.115 Threshold determination.
68.120 Petition process.
68.125 Exemptions.
68.130 List of substances.
Subpart G—Risk Management Plan
68.150 Submission.
68.151 Assertion of claims of confidential
business information.
68.152 Substantiating claims of confidential
business information.
68.155 Executive summary.
68.160 Registration.
68.165 Offsite consequence analysis.
68.168 Five-year accident history.
68.170 Prevention program/Program 2.
68.175 Prevention program/Program 3.
68.180 Emergency response program.
68.185 Certification.
68.190 Updates.
Subpart H—Other Requirements
68.200 Recordkeeping.
68.210 Availability of information to the
public.
68.215 Permit content and air permitting
authority or designated agency require-
ments.
68.220 Audits.
APPENDIX A TO PART 68—TABLE OF Toxic
ENDPOINTS
AUTHORITY: 42 U.S.C. 7412(r), 7601(a)(l),
7661-7661f.
SOURCE: 59 FR 4493, Jan. 31, 1994, unless
otherwise noted.
36
-------
II 1 111 I (II
II 11 11111II 11 111
ill i i"1!' I
Illi:
ill-!!'i: S-
""['!' ill1" ':,. ik11:1'
in d'ti ?ii,:;
if Sii'i'. 'Hi
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Illi!,"
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§68.2
/iHIIIln ,
•iii.
iiiiiii i
ill iii
III I 111 |l| 111
§111 111 111111 I III 1 II
Environmental Protection Agency
(t111 111! Ii I1) Ii I (I
Subpart A—General
§68.1 Scope.
f| This part sets forth the list of regu-
lated substances and thresholds, the
petition process for adding or deleting
substances to the list of regulated sub-
stances, the requirements for owners or
operators of stationary sources con-
cerning the prevention of accidental
releases, and the State accidental re-
lease prevention programs approved
under section 112(r). The list of sub-
stances, threshold quantities, and acci-
dent prevention regulations promul-
gated under this part do not limit in
any way the general duty provisions
"iffider section 112(r)(l).
Stayed provisions.
_ , ,, aa| Notwithstanding any other provi-
'" Ssib'n 'o'F this pact, the effectiveness of
,aijllllllll|hei following provisions is stayed from
jSiiiiMarcn 2, 1994 to December 22, 1997.
, , „,M(jj In Sec. 68.3, the definition of ','sta-
,1,Ijdonary" 'source","' to the extent that"
such definition includes naturally oc-
curring hydrocarbon reservoirs or
transportation subject to oversight or
regulation under a state natural gas or
hazardous liquid program for which the
state has in effect a certification to
DOT under 49 U.S.C. 60105;
(2) Section 68.115(b)(2) of this part, to
the extent that such provision requires
• an owner or operator to treat as a regu-
i^^flssssasSis satesiancej , , iu _
lURCOl Gasoline, when in distribution or
related storage for use as fuel for inter-
' M combustion^ engines;
,:(|"ij Naturally occurring hydrocarbon
'Wniixtures prior to entry into a petro-
leum refining process unit or a natural
i; T™gas processing plant. Naturally occur-
™Hng hydrocarbon mixtures include any
""••.of.thefollowing: condensate, crude oil,
field gas, and produced water, each as
,'": ^defined in paragraph (b) of this section;
(iii) Other mixtures that contain a
regulated flammable substance and
;,: l-iii'that do not have a National Fire Pro-
tection Association flammability haz-
ard rating of 4, the definition of which
is in the NFPA 704, Standard System
for the Identification of .the Fire Haz-,
ards of Materials"" jxja£jonaj gr— p^
ilii 1
II
tection Association, Quincy, MA, 1990,
available from the'National Fire Pro-
§68.2
tection Association, 1 Batterymarch
Park, Quincy, MA 02269-9101; and
§ Section 68.130(a).
From March 2, 1994 to December
22, 1997, the following definitions shall
apply to the stayed provisions de-
scribed in paragraph (a) of this section:
Condensate means hydrocarbon liquid
separated from natural gas that con-
denses because of changes in tempera-
ture, pressure, or both, and remains
liquid at standard conditions.
Crude oil means any naturally occur-
ring, unrefined petroleum liquid.
Field gas means gas extracted from a
production well before the gas enters a
natural gas processing plant.
Natural gas processing plant means
any processing site engaged in the ex-
traction of natural gas liquids from
field gas, fractionation of natural gas
liquids to natural gas products, or
both. A separator, dehydration unit,
heater treater, sweetening unit, com-
pressor, or similar equipment shall not
be considered a "processing site" un-
less such equipment is physically lo-
cated within a natural gas processing
plant (gas plant) site.
Petroleum refining process unit means
a process unit used in an establishment
primarily engaged in petroleum refin-
ing as defined in the Standard Indus-
trial Classification code for petroleum
refining (2911) and used for the fol-
lowing: Producing transportation fuels
(such as gasoline, diesel fuels, and jet
fuels), heating fuels (such as kerosene,
fuel gas distillate, and fuel oils), or lu-
bricants; separating petroleum; or sep-
arating, cracking, reacting, or reform-
ing intermediate petroleum streams.
Examples of such units include, but are
not limited to, petroleum based solvent
units, alkylation units, catalytic
hydrotreating, catalytic hydrorefining,
catalytic hydrocracking, catalytic re-
forming, catalytic cracking, crude dis-
tillation, lube oil processing, hydrogen
production, isomerization, polymeriza-
tion, thermal processes, and blending,
sweetening, and treating processes. Pe-
troleum refining process units include
sulfur plants.
Produced water means water ex-
tracted. from the .earth from an oil or
natural gas production well, or that is
separated from oil or natural gas after
ion.
H'imW ..*»!' lI'lEJIillilis ='" I'.'i (iSIS*
lit: I'l
37
ni1,: "KitsIJ1, *, 'f t, '* ; t 'Hill' ji inn,1 IS l-llliyi I;.|, i.i'll" J IP n
.rallH^^^ IIIB^^^^^
ilillinilii ''{., ii ::•;. .i"!!;'.!,:;;",;. •":.}•, . .'t !i..;;"j,: v. iriiiiiif1 '.ii:;; 1
ii'i1 -saiiii;: I
-------
§68.3
40 CFR Ch. I (7-1-99 Edition)
(c) Notwithstanding any other provi-
sion of this part, the effectiveness of
part 68 is stayed from June 21, 1999 to
December 21, 1999 with respect to regu-
lated flammable hydrocarbon sub-
stances when the substance is intended
for use as a fuel and does not exceed
67,000 pounds in a process that is not
manufacturing the fuel, does not con-
tain greater than a threshold quantity
of another regulated substance, and is
not collocated or interconnected to an-
other covered process.
[59 FR 4493, Jan. 31, 1994, as amended at 61
FR 31731, June 20, 1996; 64 FR 29170, May 28,
1999]
§68.3 Definitions.
For the purposes of this part:
Accidental release means an unantici-
pated emission of a regulated sub-
stance or other extremely hazardous
substance into the ambient air from a
stationary source.
Act means the Clean Air Act as
amended (42 U.S.C. 7401 etseq.)
Administrative controls mean written
procedural mechanisms used for hazard
control.
Administrator means the adminis-
trator of the U.S. Environmental Pro-
tection Agency.
AIChE/CCPS means the American In-
stitute of Chemical Engineers/Center
for Chemical Process Safety.
API means the American Petroleum
Institute.
Article means a manufactured item,
as defined under 29 CFR 1910.1200(b),
that is formed to a specific shape or de-
sign during manufacture, that has end
use functions dependent in whole or in
part upon the shape or design during
end use, and that does not release or
otherwise result in exposure to a regu-
lated substance under normal condi-
tions of processing and use.
ASME means the American Society
of Mechanical Engineers.
CAS means the Chemical Abstracts
Service.
Catastrophic release means a major
uncontrolled emission, fire, or explo-
sion, involving one or more regulated
substances that presents imminent and
substantial endangerment to public
health and the environment.
Classified information means "classi-
fied information" as defined in the
Classified Information Procedures Act,
18 U.S.C. App. 3, section l(a) as "any
information or material that has been
determined by the United States Gov-
ernment pursuant to an executive
order, statute, or regulation, to require
protection against unauthorized disclo-
sure for reasons of national security."
Condensate means hydrocarbon liquid
separated from natural gas that con-
denses due to changes in temperature,
pressure, or both, and remains liquid at
standard conditions.
Covered process means a process that
has a regulated substance present in
more than a threshold quantity as de-
termined under §68.115.
Crude oil means any naturally occur-
ring, unrefined petroleum liquid.
Designated agency means the state,
local, or Federal agency designated by
the state under the provisions of
§68.215(d) .
DOT means the United States De-
partment of Transportation.
Environmental receptor means natural
areas such as national or state parks,
forests, or monuments; officially des-
ignated wildlife'sanctuaries, preserves,
refuges, or areas; and Federal wilder-
ness areas, that could be exposed at
any time to toxic concentrations, radi-
ant heat, or overpressure greater than
or equal to the endpoints provided in
§68.22(a) , as a result of an accidental
release and that can be identified on
local U. S. Geological Survey maps.
Field gas means gas extracted from a
production well, before the gas enters a
natural gas processing plant.
Hot work means work involving elec-
tric or gas welding, cutting, brazing, or
similar flame or spark-producing oper-
ations.
Implementing agency means the state
or local agency that obtains delegation
for an accidental release prevention
program under subpart E, 40 CFR part
63. The implementing agency may, but
is not required to, be the state or local
air permitting agency. If no state or
local agency is granted delegation,
EPA will be the implementing agency
for that state.
Injury means any effect on a human
that results either from direct expo-
sure to toxic concentrations; radiant
heat; or overpressures from accidental
38
-------
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the direct con-
^eqiiefices of a vapor cloud explosion
(such as flying glass, debris, and other
projectiles) from an accidental release
and that requires medical treatment or
hospitalization.
Major change means introduction of a
new process, process equipment, or reg-
ulated substance, an alteration of proc-
ess chemistry that results in any
change to safe operating limits, or
other alteration that introduces a new
hazard.
Mechanical integrity means the proc-
ess of ensuring that process equipment
is fabricated from the proper materials
of construction and is properly in-
stalled, maintained, ........... and ........... replaced to
" .prevent" failures .......... arid" 'accidental Te-
iJI'll leases. II ....... ; ." "_ \ ' .". [[[
'ii'lllllllll Medical treatment .......... means treatment,
i ..... other than first-aid, ...... administered by a
., H'J>hysician or"' ...... registered professional
-"-" Jersonnel under standing orders from a
'1 [[[
111 111
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'^Mitigation or mitigation system means
activities, technologies, or
equipment designed or deployed to cap-
ture or control substances upon loss of
j|H,conJ^nment ...... tonii nTinimize ...... exposure of
=-- tne gubi'ic or the environment. Passive
^"~mitlgatipn " means .......... equipment, devices,
or" 'technologies that function without
^humari, ...... mechanical ,ir ..... or ........ other ......... energy
input. Active mitigation means equip-
ment, devices, or technologies that
need human, mechanical, or other en-
ergy input to function.
NAICS means North American Indus-
try Classification System.
NFPA means the National Fire Pro-
jection Association! [[[
""" l"""""" '" Natural gas processing plant" (gasjjlarii)
means any processing site engaged in
the extraction of natural gas liquids
from field gas. fractionation of mixed
natural gas liquids to natural gas prod-
ucts, or both, classified as North Amer-
ican Industrial Classification System
(NAICS) code 211112 (previously Stand-
ard Industrial Classification (SIC) code
1321), [[[ ........
Offsite means areas beyond the prop-
erty boundary of the stationary source,
|i|i|Mand areas within ........ the ..... property bound-
ary to which the public has routine and
unrestricted access during or outside
business hours.
§68.3
•I
OSHA means the tLS. Occupational
Safety and Health Administration.
Owner or operator means any person
who owns, leases, operates, controls, or
supervises a stationary source.
Petroleum refining process unit means
a process unit used in an establishment
primarily engaged in petroleum refin-
ing as defined in NAICS code 32411 for
petroleum refining (formerly SIC code
2911) and used for the following: Pro-
ducing transportation fuels (such as
gasoline, diesel fuels, and jet fuels),
heating fuels (such as kerosene, fuel
gas distillate, and fuel oils), or lubri-
cants; Separating petroleum; or Sepa-
rating, cracking, reacting, or reform-
ing intermediate petroleum streams.
Examples of such units include, but are
not limited to, petroleum based solvent
units, alkylation units, catalytic
hydrotreating, catalytic hydrorefining,
catalytic hydrocracking, catalytic re-
forming, catalytic cracking, crude dis-
tillation, lube oil processing, hydrogen
production, isomerization, polymeriza-
tion, thermal processes, and blending,
sweetening, and treating processes. Pe-
troleum refining process units include
sulfur plants.
Population means the public.
Process means any activity involving
a regulated substance including any
use, storage, manufacturing, handling,
or on-site movement of such sub-
stances, or combination of these activi-
ties. For the purposes of this defini-
tion, any group of vessels that are
interconnected, or separate vessels
that are located such that a regulated
substance could be involved in a poten-
tial release, shall be_ i considered a sin;
gle process.
Produced water means water ex-
tracted from the earth from an oil or
natural gas production well, or that is
separated from oil or natural gas after
extraction.
Public means any person except em-
ployees or contractors at the sta-
tionary source.
Public receptor means offsite resi-
-------
§68.10
40 CFR Ch. I (7-1-99 Edition)
concentrations, radiant heat, or over-
pressure, as a result of an accidental
release.
Regulated substance is any substance
listed pursuant to section 112(r)(3) of
the Clean Air Act as amended, in
§68.130.
Replacement in kind means a replace-
ment that satisfies the design speci-
fications.
RMP means the risk management
plan required under subpart G of this
part.
Stationary source means any build-
ings, structures, equipment, installa-
tions, or substance emitting stationary
activities which belong to the same in-
dustrial group, which are located on
one or more contiguous properties,
which are under the control of the
same person (or persons under common
control), and from which an accidental
release may occur. The term sta-
tionary source does not apply to trans-
portation, including storage incident
to transportation, of any regulated
substance or any other extremely haz-
ardous substance under the provisions
of this part. A stationary source in-
cludes transportation containers used
for storage not incident to transpor-
tation and transportation containers
connected to equipment at a stationary
source for loading or unloading. Trans-
portation includes, but is not limited
to, transportation subject to oversight
or regulation under 49 CFR parts 192,
193, or 195, or a state natural gas or
hazardous liquid program for which the
state has in effect a certification to
DOT under 49 U.S.C. section 60105. A
stationary source does not include nat-
urally occurring hydrocarbon res-
ervoirs. Properties shall not be consid-
ered contiguous solely because of a
railroad or pipeline right-of-way.
Threshold quantity means the quan-
tity specified for regulated substances
pursuant to section 112(r)(5) of the
Clean Air Act as amended, listed in
§68.130 and determined to be present at
a stationary source as specified in
§68.115 of this part.
Typical meteorological conditions
means the temperature, wind speed,
cloud cover, and atmospheric stability
class, prevailing at the site based on
data gathered at or near the site or
from a local meteorological station.
Vessel means any reactor, tank,
drum, barrel, cylinder, vat, kettle,
boiler, pipe, hose, or other container.
Worst-case release means the release
of the largest quantity of a regulated
substance from a vessel or process line
failure that results in the greatest dis-
tance to an endpoint defined in
§68.22 (a).
[59 FR 4493, Jan. 31, 1994, as amended at 61
FR 31717, June 20, 1996; 63 FR 644, Jan. 6, 1998;
64 FR 979, Jan. 6, 1999]
§68.10 Applicability.
(a) An owner or operator of a sta-
tionary source that has more than a
threshold quantity of a regulated sub-
stance in a process, as determined
under §68.115, shall comply with the re-
quirements of this part no later than
the latest of the following dates:
(1) June 21, 1999;
(2) Three years after the date on
which a regulated substance is first
listed under §68.130; or
(3) The date on which a regulated
substance is first present above a
threshold quantity in a process.
(b) Program 1 eligibility require-
ments. A covered process is eligible for
Program 1 requirements as provided in
§68.12(b) if it meets all of the following
requirements:
(1) For the five years prior to the
submission of an RMP, the process has
not had an accidental release of a regu-
lated substance where exposure to the
substance, its reaction products, over-
pressure generated by an explosion in-
volving the substance, or radiant heat
generated by a fire involving the sub-
stance led to any of the following off-
site:
(i) Death;
(ii) Injury; or
(iii) Response or restoration activi-
ties for an exposure of an environ-
mental receptor;
(2) The distance to a toxic or flam-
mable endpoint for a worst-case release
assessment conducted under Subpart B
and §68.25 is less than the distance to
any public receptor, as defined in
§68.30; and
(3) Emergency response procedures
have been coordinated between the sta-
tionary source and local emergency
planning and response organizations.
40
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(c) Program 2 eligibility require-
ments. A covered process is subject to
Program 2 requirements if it does not
meet the eligibility requirements of ei-
ther paragraph (b) or paragraph (d) of
this section.
(d) Program 3 eligibility require-
ments. A covered process is subject to
Program 3 if the process does not meet
the requirements of paragraph (b) of
this section, .and if either, of the, fol-
lowing conditions is met:
1'!'''"' ft) The process is'in'NAICS code'"
,' 32211, 32411, 32511, 325181, 325188, 325192,
325199, 325211, 325311, or 32532; or
(2) The process is subject to the
OSHA process safety management
standard, 29 CFR 1910.119.
(e) If at any time a covered process
no longer meets the eligibility criteria
of its Program level, the owner or oper-
ator shall comply with the require-
ments of the, new Program level that
applies to the process and update the
RMP as provided in §68.190.
-------
§68.15
40 CFR Ch. I (7-1-99 Edition)
a process subject to Program 3, as pro-
vided in §68.10(d) shall:
(1) Develop and implement a manage-
ment system as provided in §68.15;
(2) Conduct a hazard assessment as
provided in §§68.20 through 68.42;
(3) Implement the prevention re-
quirements of §§68.65 through 68.87;
(4) Develop and implement an emer-
gency response program as provided in
§§68.90 to 68.95 of this part; and
(5) Submit as part of the RMP the
data on prevention program elements
for Program 3 processes as provided in
§68.175.
[61 FR 31718. June 20, 1996]
§68.15 Management.
(a) The owner or operator of a sta-
tionary source with processes subject
to Program 2 or Program 3 shall de-
velop a management system to oversee
the implementation of the risk man-
agement program elements.
(b) The owner or operator shall as-
sign a qualified person or position that
has the overall responsibility for the
development, implementation, and in-
tegration of the risk management pro-
gram elements.
(c) When responsibility for imple-
menting individual requirements of
this part is assigned to persons other
than the person identified under para-
graph (b) of this section, the names or
positions of these people shall be docu-
mented and the lines of authority de-
fined through an organization chart or
similar document,
[61 FR 31718. June 20. 19961
Subpart B—Hazard Assessment
SOURCE: 61 FR 31718. June 20. 1996, unless
otherwise noted.
§68.20 Applicability.
The owner or operator of a sta-
tionary source subject to this part
shall prepare a worst-case release sce-
nario analysis as provided in §68.25 of
this part and complete the five-year
accident history as provided in §68.42.
The owner or operator of a Program 2
and 3 process must comply with all sec-
tions in this subpart for these proc-
esses.
§68.22 Off site consequence analysis
parameters.
(a) Endpoints. For analyses of offsite
consequences, the following endpoints
shall be used:
(1) Toxics. The toxic endpoints pro-
vided in appendix A of this part.
(2) Flammables. The endpoints for
flammables vary according to the sce-
narios studied:
(i) Explosion. An overpressure of 1
psi.
(ii) Radiant heat/exposure time. A ra-
diant heat of 5 kw/m2 for 40 seconds.
(iii) Lower ftammability limit. A
lower flammability limit as provided in
NFPA documents or other generally
recognized sources.
(b) Wind speed/atmospheric stability
class. For the worst-case release anal-
ysis, the owner or operator shall use a
wind speed of 1.5 meters per second and
F atmospheric stability class. If the
owner or operator can demonstrate
that local meteorological data applica-
ble to the stationary source show a
higher minimum wind speed or less sta-
ble atmosphere at all times during the
previous three years, these minimums
may be used. For analysis of alter-
native scenarios, the owner or operator
may use the typical meteorological
conditions for the stationary source.
(c) Ambient temperature/humidity.
For worst-case release analysis of a
regulated toxic substance, the owner or
operator shall use the highest daily
maximum temperature in the previous
three years and average humidity for
the site, based on temperature/humid-
ity data gathered at the stationary
source or at a local meteorological sta-
tion; an owner or operator using the
RMP Offsite Consequence Analysis
Guidance may use 25 °C and 50 percent
humidity as values for these variables.
For analysis of alternative scenarios,
the owner or operator may use typical
temperature/humidity data gathered at
the stationary source or at a local me-
teorological station.
(d) Height of release. The worst-case
release of a regulated toxic substance
shall be analyzed assuming a ground
level (0 feet) release. For an alternative
scenario analysis of a regulated toxic
substance, release height may be deter-
mined by the release scenario.
42
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1111(1
111
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Environmental Protection Agency
(e) Surface roughness. The owner or
operator shall use either urban or rural
'' topography, as appropriate. Urban
means that there are many obstacles in
the immediate area; obstacles include
buildings or trees. Rural means there
are no buildings in the immediate area
and the terrain is generally flat and
unobstructed.
(f) Dense or neutrally buoyant gases.
The owner or operator shall ensure
that tables or models used for disper-
sion analysis of regulated ' tcndc" sub.
stances appropriately account for gas
density.
(g) Temperature of released sub-
stance. For worst case, liquids other
than gases liquified by refrigeration
only shall be considered to be released
at the highest daily maximum tem-
perature, based on data for the pre-
vious three years appropriate for the
stationary source, or at process tem-
perature, whichever is higher. For al-
ternative scenarios, substances may be
considered to be released at a process
or ambient temperature that is appro-
priate for the scenario.
I II in i i iiiiiii i mi in i in in in i in i in Hi ,i',ii •; •<:»'.«• 'i U11,11
§68.25 Worst-case release scenario
11,11 i analysis.
(a) The owner or operator shall ana-
lyze and report in the RMP:
(1) For Program 1 processes, one
worst-case release scenario for each
Prc-gram 1 process;
l?|!|jjj|i| (2) For Program 2 and 3 processes:
III (i) One worst-case release scenario
111 that is estimated to create, ,the"""gr"e"atest "
distance in any direction to an end-
point provided in appendix A of this
part resulting from an accidental re-
; ;,""lease of regulated toxic substances
froin covered processes under worst-
case conditions defined in §68.22;
i' (ii) One worst-case release scenario
§68.25
11
case release scenario developed under
paragraphs (a)(2)(i) or (a)(2)(ii) of this
section.
(b) Determination of worst-case release
quantity. The worst-case release quan-
tity shall be the greater of the fol-
lowing:
(1) For substances in a vessel, the
greatest amount held in a single vessel,
taking into account administrative
controls that limit the maximum quan-
tity; or
(2) For substances in pipes, the great-
est amount in a pipe, taking into ac-
count administrative controls that
limit the maximum quantity.
(c) Worst-case release scenario—toxic
gases. (1) For regulated toxic sub-
stances that are normally gases at am-
bient temperature and handled as a gas
or as a liquid under pressure, the owner
or operator shall assume that the
quantity in the vessel or pipe, as deter-
mined under paragraph (b) of this sec-
tion, is released as a gas over 10 min-
utes. The release rate shall be assumed
to be the total quantity divided by 10
unless passive mitigation systems are
In'placel
(2) For gases handled as refrigerated
liquids at ambient pressure:
(i) If the released substance is not
contained by passive mitigation sys-
tems or if the contained pool would
have a depth of 1 cm or less, the owner
or operator shall assume that the sub-
stance is released as a gas in 10 min-
utes;
-irthat Is'sstTmated'tb 'create" the greatest
a •distance in any direction to an end-
'Jfgolat defined in §68.22 (a) resulting from
^ accidental release of regulated flam-
';ab"!e substances from covered proc-
• ;it, Illlllllllllllilillili 1 !l|!|ll|li|l'!'|i''yi'"|i "'i'""*1 'ii1»"" ''"I'lii!:*:: i' *m » •• • 'ii'i'1''" '••'" Jji™ ^ • '• *
es under worst-case conditions de-
in §68.22; and
am (iii) Additional worst-case release
scenarios for a hazard class if a worst-
,iiiiiiliiiiiicasgii release, from another covered proc-
ess a|i ,1-JSje .stationary source potentially
affects public receptors different from
those potentially affected by the worst-
(iij if the released substance is con-
tained by passive mitigation systems
in a pool with a depth greater than 1
cm, the owner or operator may assume
that the quantity in the vessel or pipe,
as determined under paragraph (b) of
this section, is spilled instantaneously
to form a liquid pool. The volatiliza-
tion rate (release rate) shall be cal-
culated at the boiling point of the sub-
stance and at the conditions specified
in paragraph (d) of this section.
(d) Worst-case release scenario—toxic
liquids. (1) For regulated toxic sub-
stances that are normally liquids at
ambient temperature, the owner or op-
erator shall assume that the quantity
in the vessel or pipe, as determined
under paragraph (b) of this section, is
spilled instantaneously to form a liquid
pool.
43
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§68.25
40 CFR Ch. I (7-1-99 Edition)
(i) The surface area of the pool shall
be determined by assuming that the
liquid spreads to 1 centimeter deep un-
less passive mitigation systems are in
place that serve to contain the spill
and limit the surface area. Where pas-
sive mitigation is in place, the surface
area of the contained liquid shall be
used to calculate the volatilization
rate.
(ii) If the release would occur onto a
surface that is not paved or smooth,
the owner or operator may take into
account the actual surface characteris-
tics.
(2) The volatilization rate shall ac-
count for the highest daily maximum
temperature occurring in the past
three years, the temperature of the
substance in the vessel, and the con-
centration of the substance if the liq-
uid spilled is a mixture or solution.
(3) The rate of release to air shall be
determined from the volatilization rate
of the liquid pool. The owner or oper-
ator may use the methodology in the
RMP Offsite Consequence Analysis
Guidance or any other publicly avail-
able techniques that account for the
modeling conditions and are recognized
by industry as applicable as part of
current practices. Proprietary models
that account for the modeling condi-
tions may be used provided the owner
or operator allows the implementing
agency access to the model and de-
scribes model features and differences
from publicly available models to local
emergency planners upon request.
(e) Worst-case release scenario—flam-
mable gases. The owner or operator
shall assume that the quantity of the
substance, as determined under para-
graph (b) of this section and the provi-
sions below, vaporizes resulting in a
vapor cloud explosion. A yield factor of
10 percent of the available energy re-
leased in the explosion shall be used to
determine the distance to the explosion
endpoint if the model used is based on
TNT equivalent methods.
(1) For regulated flammable sub-
stances that are normally gases at am-
bient temperature and handled as a gas
or as a liquid under pressure, the owner
or operator shall assume that the
quantity in the vessel or pipe, as deter-
mined under paragraph (b) of this sec-
tion, is released as a gas over 10 min-
utes. The total quantity shall be as-
sumed to be involved in the vapor
cloud explosion.
(2) For flammable gases handled as
refrigerated liquids at ambient pres-
sure:
(i) If the released substance is not
contained by passive mitigation sys-
tems or if the contained pool would
have a depth of one centimeter or less,
the owner or operator shall assume
that the total quantity of the sub-
stance is released as a gas in 10 min-
utes, and the total quantity will be in-
volved in the vapor cloud explosion.
(ii) If the released substance is con-
tained by passive mitigation systems
in a pool with a depth greater than 1
centimeter, the owner or operator may
assume that the quantity in the vessel
or pipe, as determined under paragraph
(b) of this section, is spilled instanta-
neously to form a liquid pool. The vola-
tilization rate (release rate) shall be
calculated at the boiling point of the
substance and at the conditions speci-
fied in paragraph (d) of this section.
The owner or. operator shall assume
that the quantity which becomes vapor
in the first 10 minutes is involved in
the vapor cloud explosion.
(f) Worst-case release scenario—flam-
mable liquids. The owner or operator
shall assume that the quantity of the
substance, as determined under para-
graph (b) of this section and the provi-
sions below, vaporizes resulting in a
vapor cloud explosion. A yield factor of
10 percent of the available energy re-
leased in the explosion shall be used to
determine the distance to the explosion
endpoint if the model used is based on
TNT equivalent methods.
(1) For regulated flammable sub-
stances that are normally liquids at
ambient temperature, the owner or op-
erator shall assume that the entire
quantity in the vessel or pipe, as deter-
mined under paragraph (b) of this sec-
tion, is spilled instantaneously to form
a liquid pool. For liquids at tempera-
tures below their atmospheric boiling
point, the volatilization rate shall be
calculated at the conditions specified
in paragraph (d) of this section.
(2) The owner or operator shall as-
sume that the quantity which becomes
vapor in the first 10 minutes is in-
volved in the vapor cloud explosion.
44
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1 'ill
II Ill
111, Ml I
Environmental Protection Agency
(g) Parameters to be applied. The
owner or operator shall use the param-
eters defined in §68.22 to determine dis-
tance to the endpoints. The owner or
operator may use the methodology pro-
vided in the RMP Offsite Consequence
Analysis Guidance or any commer-
cially or publicly available air disper-
sion modeling techniques, provided the
techniques account for the modeling
conditions and are recognized by indus-
try as applicable as part of current
practices. Proprietary models that ac-
count for the modeling conditions may
be used provided the owner or operator
allows the implementing agency access
to the model and describes model fea-
tures""and differences from publicly
available _models to local emergency
planners upon request.
(h) Consideration of passive mitigation.
Passive mitigation systems may be
considered for the analysis of worst
case provided that the mitigation sys-
tenj'is capable of withstanding the re-
lease event triggering the scenario and
Would still function as intended.
(i) Factors in selecting a worst-case sce-
nario. Notwithstanding the provisions
of paragraph (b) of this section, the
owner or operator shall select as the
worst case for flammable regulated
substances or the worst case for regu-
lated toxic substances, a scenario based
on the following factors if such a sce-
narip would result in a greater distance
to an endpoint defined in §68.22(a) be-
yond the stationary source boundary
than the scenario provided under para-
graph (b) of this section:
(1) Smaller quantities handled at
higher process temperature or pres-
sure; and
(2) Proximity to the boundary of the
i'1 !4: IT'1' j Klf'U'li:11:,1 "i'HIIISIL1
...................... J61 FR 31718. June 20. 1996. as amended at 64
: ......... - ........... "FR 'ISM; ..... May'zei sisi [[[
§6828 Alternative release scenario
;::::T: ..... analysis.
16
f T .™*.™ i.i,- ,..'', .
i^.QiiffiigJLPr ! pperaEoi: ""shall identify and
analyze at least one alternative release
••: scenario for each regulated toxic sub-
'".— r^stSHES held in a covered process(es) and
at: least one alternative release sce-
nario to represent all flammable sub-
; :L .............. :st;ances held in covered processes.
§68.28
(b) Scenarios to consider. (1) For each
scenario required under paragraph (a)
of this section, the owner or operator
shall select a scenario:
(i) That is more likely to occur than
the worst-case release scenario under
§68.25; and
(ii) That will reach an endpoint off-
site, unless no such scenario exists.
(2) Release scenarios considered
should include, but are not limited to,
the following, where applicable:
(i) Transfer hose releases due to
splits or sudden hose uncoupling;
(ii) Process piping releases from fail-
ures at flanges, joints, welds, valves
i and yaly^seals, and drains or .bleeds;
fiiiK Process vessel or pump releases
due to cracks, seal failure, or drain,
bleed, or plug failure;
(iv) Vessel overfilling and spill, or
overpressurization and venting through
relief valves or rupture disks; and
(v) Shipping container mishandling
and breakage or puncturing leading to
a spill.
(c) Parameters to be applied. The
owner1 or operator gj^jj ~se tj^e appro.
priate parameters defined in §68.22 to
determine distance to the endpoints.
The owner or operator may use either
the methodology provided in the RMP
Offsite Consequence Analysis Guidance
or any commercially or publicly avail-
able air dispersion modeling tech-
niques, provided the techniques ac-
count for the specified modeling condi-
tions and are recognized by industry as
applicable as part of current practices.
Proprietary models that account for
the modeling conditions may be used
provided the owner or operator allows
the implementing agency access to the
model and describes model features and
differences from publicly available
models to local emergency planners
upon request.
(d) Consideration of mitigation. Ac-
tive and passive mitigation systems
may be considered provided they are
capable of withstanding the event that
triggered the release and would still be
functional.
(e) Factors in selecting scenarios.
The owner or operator shall consider
the following in selecting alternative
release scenarios:
(1) The five-year accident history
provided in § 68.42; and
45
li'MiC't:1:;
!!!';!1' I!:
,
IliJl'ilii'tl IKS:*'
jjf'!' ijE, i :i!:(il.j
11 ¥';i' .a
-------
§68.30
40 CFR Ch. I (7-1-99 Edition)
(2) Failure scenarios identified under
§68.50 or §68.67.
§68.30 Defining offsite impacts—popu-
lation.
(a) The owner or operator shall esti-
mate in the RMP the population within
a circle with its center at the point of
the release and a radius determined by
the distance to the endpoint defined in
§68.22(a).
(b) Population to be defined. Popu-
lation shall include residential popu-
lation. The presence of institutions
(schools, hospitals, prisons), parks and
recreational areas, and major commer-
cial, office, and industrial buildings
shall be noted in the RMP.
(c) Data sources acceptable. The owner
or operator may use the most recent
Census data, or other updated informa-
tion, to estimate the population poten-
tially affected.
(d) Level of accuracy. Population shall
be estimated to two significant digits.
§68.33 Defining offsite impacts—envi-
ronment.
(a) The owner or operator shall list in
the RMP environmental receptors
within a circle with its center at the
point of the release and a radius deter-
mined by the distance to the endpoint
defined in §68.22(a) of this part.
(b) Data sources acceptable. The
owner or operator may rely on infor-
mation provided on local U.S. Geologi-
cal Survey maps or on any data source
containing U.S.G.S. data to identify
environmental receptors.
68.36 Review and update.
(a) The owner or operator shall re-
view and update the offsite con-
sequence analyses at least once every
five years.
(b) If changes in processes, quantities
stored or handled, or any other aspect
of the stationary source might reason-
ably be expected to increase or de-
crease the distance to the endpoint by
a factor of two or more, the owner or
operator shall complete a revised anal-
ysis within six months of the change
and submit a revised risk management
plan as provided in §68.190.
§68.39 Documentation.
The owner or operator shall maintain
the following records on the offsite
consequence analyses:
(a) For worst-case scenarios, a de-
scription of the vessel or pipeline and
substance selected as worst case, as-
sumptions and parameters used, and
the rationale for selection; assump-
tions shall include use of any adminis-
trative controls and any passive miti-
gation that were assumed to limit the
quantity that could be released. Docu-
mentation shall include the antici-
pated effect of the controls and mitiga-
tion on the release quantity and rate.
(b) For alternative release scenarios,
a description. of the scenarios identi-
fied, assumptions and parameters used,
and the rationale for the selection of
specific scenarios; assumptions shall
include use of any administrative con-
trols and any mitigation that were as-
sumed to limit the quantity that could
be released. Documentation shall in-
clude the effect of the controls and
mitigation on the release quantity and
rate.
(c) Documentation of estimated
quantity released, release rate, and du-
ration of release.
(d) Methodology used to determine
distance to endpoints.
(e) Data used to estimate population
and environmental receptors poten-
tially affected.
§ 68.42 Five-year accident history.
(a) The owner or operator shall in-
clude in the five-year accident history
all accidental releases from covered
processes that resulted in deaths, inju-
ries, or significant property damage on
site, or known offsite deaths, injuries,
evacuations, sheltering in place, prop-
erty damage, or environmental dam-
age.
(b) Data required. For each accidental
release included, the owner or operator
shall report the following information:
(1) Date, time, and approximate dura-
tion of the release;
(2) Chemical (s) released;
(3) Estimated quantity released in
pounds and, for mixtures containing
regulated toxic substances, percentage
concentration by weight of the released
regulated toxic substance in the liquid
mixture;
46
-------
Ill 111111(111
illllii WtiY
iiii1 i in1 H
OHi'llllllllirlll lll'i'l'l'llll 1 Ii "ml I 111
Hit iliif'ilTl, llliililHI,
n1;! rdlM "'III ' ||f ilCr'l"
•IB I'' i'I,;,: I1
iiiiifiii!'
Protection Agency
•f 11: MS ..... pep:. •.•..
illl'II iiliiiiiiil1 Hi: il> VT
H'liil, '..Si',
,i .
iliil if jllli,"Hi, Iilliii'
f(tj',^f': 'TK':(& ,F!ve- or,six-digit NAICS code that
||ji p; ;ii'.;f ™2S5g£,.4o^ix <:9rresP9Pds
;||«!1'!|| 'jij1 , , '.jiji'flJj:
'' '"' ' ":' !l'"''1""'"'' ''' /M The type of release event and its
§68.52
change occurs that makes the informa-
tion inaccurate.
"iij'jiir VB£(6) Weather conditions, if known;
:''f•••>>•" [ftmf (7), On-site impacts;
••i1 I""1!1"" ==^^ Known offsite impacts;
";,"i| iw,y.ij|5i;(9) Initiating event and contributing
V';i'™ ^««*ors if Iwxown;
111 ' (10) Whether offsite responders were
i. i/; iiiiiii II:MW»' "iiiii j..:,,K~i rr~-~~'~ .9? process changes
ii'Si::1'!* 'i'!*! 'HWiO. i!!1 i that resulted from investigation of the
"SL< Jfffl'jf .ffiX&'&Sb I- | , ,„ i „ | ,i, ., I... i,, ,i,,n
j. t 'iiiil'i iiii'il '1 li(q) Level of accuracy. Numerical esti-
' '« ••' !""' ' i'li'ii""1' '*' i'""1- ; 'i'1 "HiaESs ftiay'be provided to two signifi-
"!ts.
I lilt I? I'!!:! ««; V KIJI.
[61 FR 31718, June 20, 1996, as amended at 64
FR 979, Jan. 6, 1999]
Subpart C—Program 2 Prevention
f:f~' Sll'i^' Program
Ilillil Illl
Iliil
SOURCE: 61 FR 31721, June 20, 1996, unless
otherwise noted.
§68.48 Safety information.
(a) The owner or operator shall com-
pile and maintain the following up-to-
date safety information related to the
regulated substances, processes, and
equipment:
(1) Material Safety Data Sheets that
meet the requirements of 29 CFR
l910.12M(g);
(2) Maximum intended inventory of
equipment in which the regulated sub-
stances are stored or processed;
(3) Safe upper and lower "tejripera-'
tur^^'pressures', flows, and composi-
tions;
(^) Equipment specifications; and
($) Codes and standards used to de-
sign, build, and operate the process.
(b) The owner or operator shall en-
sure that the process is designed in
compliance with recognized and gen-
erally accepted good engineering prac-
tices. Compliance with Federal or state
regulations that address industry-spe-
cific safe design or with industry-spe-
cific design codes and standards may be
used to demonstrate compliance with
The owner or operator shall up-
ate,,the, safety information if a major
§ 68.50 Hazard review.
(a) The owner or operator shall con-
duct a review of the hazards associated
with the regulated substances, process,
and procedures. The review shall iden-
tify the following:
(1) The hazards associated with the
p-,.^,___i,—^ regujate(j substances;
(2) Opportunities for equipment mal-
functions or human errors that could
cause an accidental release;
(3) The safeguards used or needed to
control the hazards or prevent equip-
ment malfunction or human error; and
(4) Any steps used or needed to detect
. or,, monitor releases. , ,
(b) The owner or operator may use
checklists developed by persons or or-
ganizations knowledgeable about the
process and equipment as a guide to
conducting the review. For processes
designed to meet industry standards or
Federal or state design rules, the haz-
ard review shall, by inspecting all
equipment, determine whether the
process is designed, fabricated, and op-
erated in accordance with the applica-
ble standards or rules.
(c) The owner or operator shall docu-
ment the results of the review and en-
sure that problems identified are re-
solved in a timely manner.
(d) The review shall be updated at
least once every five years. The owner
or operator shall also conduct reviews
whenever a major change in the proc-
ess occurs; all issues identified in the
review shall be resolved before startup
of the changed process.
§ 68.52 Operating procedures.
(a) The owner or operator shall pre-
pare written operating procedures that
provide clear instructions or steps for
safely conducting activities associated
with each covered process consistent
with the safety information for that
process. Operating procedures or in-
structions provided by equipment man-
ufacturers or developed by persons or
organizations knowledgeable about the
process and equipment may be used as
a basis for a stationary source's oper-
ating procedures.
(b) The procedures shall address the
following:
~"' ' ~
"' "W
-------
§68.54
40 CFR Ch. I (7-1-99 Edition)
(1) Initial startup;
(2) Normal operations;
(3) Temporary operations;
(4) Emergency shutdown and oper-
ations;
(5) Normal shutdown;
(6) Startup following a normal or
emergency shutdown or a major change
that requires a hazard review;
(7) Consequences of deviations and
steps required to correct or avoid devi-
ations; and
(8) Equipment inspections.
(c) The owner or operator shall en-
sure that the operating procedures are
updated, if necessary, whenever a
major change occurs and prior to start-
up of the changed process.
§68.54 Training.
(a) The owner or operator shall en-
sure that each employee presently op-
erating a process, and each employee
newly assigned to a covered process
have been trained or tested competent
in the operating procedures provided in
§68.52 that pertain to their duties. For
those employees already operating a
process on June 21, 1999, the owner or
operator may certify in writing that
the employee has the required knowl-
edge, skills, and abilities to safely
carry out the duties and responsibil-
ities as provided in the operating pro-
cedures.
(b) Refresher training. Refresher
training shall be provided at least
every three years, and more often if
necessary, to each employee operating
a process to ensure that the employee
understands and adheres to the current
operating procedures of the process.
The owner or operator, in consultation
with the employees operating the proc-
ess, shall determine the appropriate
frequency of refresher training.
(c) The owner or operator may use
training conducted under Federal or
state regulations or under industry-
specific standards or codes or training
conducted by covered process equip-
ment vendors to demonstrate compli-
ance with this section to the extent
that the training meets the require-
ments of this section.
(d) The owner or operator shall en-
sure that operators are trained in any
updated or new procedures prior to
startup of a process after a major
change.
§68.56 Maintenance.
(a) The owner or operator shall pre-
pare and implement procedures to
maintain the on-going mechanical in-
tegrity of the process equipment. The
owner or operator may use procedures
or instructions provided by covered
process equipment vendors or proce-
dures in Federal or state regulations or
industry codes as the basis for sta-
tionary source maintenance proce-
dures.
(b) The owner or operator shall train
or cause to be trained each employee
involved in maintaining the on-going
mechanical integrity of the process. To
ensure that the employee can perform
the job tasks in a safe manner, each
such employee shall be trained in the
hazards of the process, in how to avoid
or correct unsafe conditions, and in the
procedures applicable to the employ-
ee's job tasks.
(c) Any maintenance contractor shall
ensure that each contract maintenance
employee is trained to perform the
maintenance procedures developed
under paragraph (a) of this section.
(d) The owner or operator shall per-
form or cause to be performed inspec-
tions and tests on process equipment.
Inspection and testing procedures shall
follow recognized and generally accept-
ed good engineering practices. The fre-
quency of inspections and tests of proc-
ess equipment shall be consistent with
applicable manufacturers' rec-
ommendations, industry standards or
codes, good engineering practices, and
prior operating experience.
§68.58 Compliance audits.
(a) The owner or operator shall cer-
tify that they have evaluated compli-
ance with the provisions of this sub-
part at least every three years to
verify that the procedures and prac-
tices developed under the rule are ade-
quate and are being followed.
(b) The compliance audit shall be
conducted by at least one person
knowledgeable in the process.
(c) The owner or operator shall de-
velop a report of the audit findings.
(d) The owner or operator shall
promptly determine and document an
48
-------
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1 I:11,,:!,11!!!!1:11"1!!!1!!!!*1!!'1 Iii illl,:
^'i iBIBkiir '
lit iiilJtt'i;: Sflii:
IIFW'! 'U ^'''lliillijiliiiiUiinL''!!!!!!."!"!!!!!!!!!'!!!! liFJillID >.'..;"T 'i, I! :,""!;'> ,,',.i' .,•«' ..""" iri'Ui" «! „
I!:,, Lift H!1', ,ji /tuf'iiilliiilnlilHiJ1!::1 "Ili'i'iiili'llllllllH"1'., : liniPili .Mi ,«' I ,',,,, il " :„:,: ..Hi,11*!,,1,!!1;!!!
'• •' " I,,'... ,ii'I":t\. ''i,11' i'jJ'i: i I..M • '
.IP1 i.: It,!,, :'! |,,!,!M,,!TII" "if,,, 'II i , ' i;1 , "I,,1 '"!,, ,1, , , 'iiil'!,, ,!• ?' ',''''!, ' li.l", il1 ' ,
Ii ii;:,i ''j ftT^'i K! ', 'KJ!l {^i^.l' fit!";: * V"' i"
i:, ' v "I ' ',l!l"'i Win "I'I'" ', I'll1
-------
§68.67
40 CFR Ch. I (7-1-99 Edition)
(vi) Design codes and standards em-
ployed;
(vii) Material and energy balances for
processes built after June 21, 1999; and
(viii) Safety systems (e.g. interlocks,
detection or suppression systems).
. (2) The owner or operator shall docu-
ment that equipment complies with
recognized and generally accepted good
engineering practices.
(3) For existing equipment designed
and constructed in accordance with
codes, standards, or practices that are
no longer in general use, the owner or
operator shall determine and document
that the equipment is designed, main-
tained, inspected, tested, and operating
in a safe manner.
§ 68.67 Process hazard analysis.
(a) The owner or operator shall per-
form an initial process hazard analysis
(hazard evaluation) on processes cov-
ered by this part. The process hazard
analysis shall be appropriate to the
complexity of the process and shall
identify, evaluate, and control the haz-
ards involved in the process. The owner
or operator shall determine and docu-
ment the priority order for conducting
process hazard analyses based on a ra-
tionale which includes such consider-
ations as extent of the process hazards,
number of potentially affected employ-
ees, age of the process, and operating
history of the process. The process haz-
ard analysis shall be conducted as soon
as possible, but not later than June 21,
1999. Process hazards analyses com-
pleted to comply with 29 CFR
1910.119(e) are acceptable as initial
process hazards analyses. These process
hazard analyses shall be updated and
revalidated, based on their completion
date.
(b) The owner or operator shall use
one or more of the following meth-
odologies that are appropriate to deter-
mine and evaluate the hazards of the
process being analyzed.
(1) What-If;
(2) Checklist;
(3) What-If/Checklist;
(4) Hazard and Operability Study
(HAZOP);
(5) Failure Mode and Effects Analysis
(FMEA);
(6) Fault Tree Analysis; or
(7) An appropriate equivalent meth-
odology.
(c) The process hazard analysis shall
address:
(1) The hazards of the process;
(2) The identification of any previous
incident which had a likely potential
for catastrophic consequences.
(3) Engineering and administrative
controls applicable to the hazards and
their interrelationships such as appro-
priate application of detection meth-
odologies to provide early warning of
releases. (Acceptable detection meth-
ods might include process monitoring
and control instrumentation with
alarms, and detection hardware such as
hydrocarbon sensors.);
(4) Consequences of failure of engi-
neering and administrative controls;
(5) Stationary source siting;
(6) Human factors; and
(7) A qualitative evaluation of a
range of the possible safety and health
effects of failure of controls.
(d) The process hazard analysis shall
be performed by a team with expertise
in engineering and process operations,
and the team shall include at least one
employee who has experience and
knowledge specific to the process being
evaluated. Also, one member of the
team must be knowledgeable in the
specific process hazard analysis meth-
odology being used.
(e) The owner or operator shall estab-
lish a system to promptly address the
team's findings and recommendations;
assure that the recommendations are
resolved in a timely manner and that
the resolution is documented; docu-
ment what actions are to be taken;
complete actions as soon as possible;
develop a •written schedule of when
these actions are to be completed; com-
municate the actions to operating,
maintenance and other employees
whose work assignments are in the
process and who may be affected by the
recommendations or actions.
(f) At least every five (5) years after
the completion of the initial process
hazard analysis, the process hazard
analysis shall be updated and revali-
dated by a team meeting the require-
ments in paragraph (d) of this section,
to assure that the process hazard anal-
ysis is consistent with the current
50
-------
mm ..•>!. ill!1!**!1;.:-!:'.! mmtim:-.'\ r v ii;. -..fa^?
I1'Mil '
llll'iiiREil'ilin'l' iii LIUIIII'lililii
1 1, Kmrlii'linilli/il'T"1
illlHlli. ..... LMIIIU.!:!!!!!; lELIIPJ'
^••W
!; ,!,:' •; .•. 'ii- f, •;' !PA li, ii T ; -, u n,,;; yjjfti, ; , tf ft fa .1 •[• f (js :f &•;, WJiaiJi*^ Bill'«:' 2'Si"'"; ili'E": 1 rlil \ J? ' i!
. vsii'-ii:1:!!;1!'!, .atlf:i' imtx • f II! KM., !lSSi!i '! >:K;.likB™ll! ,,'•,: '.if.
'!
ii"" li:,'"C "ipi;'".J
iif i'li'tew .7'
' », !- a,","
«'.i.innirr**v .3',,i"!i '
iii i' 'i1 i11'iii1 niiijii i 'illinium ;,. i11:1.!" i
-------
§68.73
40 CFR Ch. I (7-1-99 Edition)
in operating the process, shall deter-
mine the appropriate frequency of re-
fresher training.
(c) Training documentation. The owner
or operator shall ascertain that each
employee involved in operating a proc-
ess has received and understood the
training required by this paragraph.
The owner or operator shall prepare a
record which contains the identity of
the employee, the date of training, and
the means used to verify that the em-
ployee understood the training.
§ 68.73 Mechanical integrity.
(a) Application. Paragraphs (b)
through (f) of this section apply to the
following process equipment:
(1) Pressure vessels and storage
tanks;
(2) Piping systems (including piping
components such as valves);
(3) Relief and vent systems and de-
vices;
(4) Emergency shutdown systems;
(5) Controls (including monitoring
devices and sensors, alarms, and inter-
locks) and,
(6) Pumps.
(b) Written procedures. The owner or
operator shall establish and implement
written procedures to maintain the on-
going integrity of process equipment.
(c) Training for process maintenance
activities. The owner or operator shall
train each employee involved in main-
taining the on-going integrity of proc-
ess equipment in an overview of that
process and its hazards and in the pro-
cedures applicable to the employee's
job tasks to assure that the employee
can perform the job tasks in a safe
manner.
(d) Inspection and testing. (1) Inspec-
tions and tests shall be performed on
process equipment.
(2) Inspection and testing procedures
shall follow recognized and generally
accepted good engineering practices.
(3) The frequency of inspections and
tests of process equipment shall be con-
sistent with applicable manufacturers'
recommendations and good engineering
practices, and more frequently if deter-
mined to be necessary by prior oper-
ating experience.
(4) The owner or operator shall docu-
ment each inspection and test that has
been performed on process equipment.
The documentation shall identify the
date of the inspection or test, the name
of the person who performed the in-
spection or test, the serial number or
other identifier of the equipment on
which the inspection or test was per-
formed, a description of the inspection
or test performed, and the results of
the inspection or test.
(e) Equipment1 deficiencies. The owner
or operator shall correct deficiencies in
equipment that are outside acceptable
limits (defined by the process safety in-
formation in §68.65) before further use
or in a safe and timely manner when
necessary means are taken to assure
safe operation.
(f) Quality assurance. (1) In the con-
struction of new plants and equipment,
the owner or operator shall assure that
equipment as ilt is fabricated is suit-
able for the process application for
which they will be used.
(2) Appropriate checks and inspec-
tions shall be performed to assure that
equipment is installed properly and
consistent with design specifications
and the manufacturer's instructions.
(3) The owner or operator shall as-
sure that maintenance materials, spare
parts and equipment are suitable for
the process application for which they
will be used.
§ 68.75 Management of change.
(a) The owner or operator shall estab-
lish and implement written procedures
to manage changes (except for "re-
placements in kind") to process chemi-
cals, technology, equipment, and proce-
dures; and, changes to stationary
sources that affect a covered process.
(b) The procedures shall assure that
the following considerations are ad-
dressed prior to iany change:
(1) The technical basis for the pro-
posed change;
(2) Impact of change on safety and
health;
(3) Modifications to operating proce-
dures;
(4) Necessary time period for the
change; and,
(5) Authorization requirements for
the proposed change.
(c) Employees involved in operating a
process and maintenance and contract
employees whose job tasks will be af-
fected by a change in the process shall
52
-------
V IHIUI I'tnMJi'iiih'I'niWi1:1 IEI 1
II"f l^.riiH&.i
: 'i1 '.<. ,ii i"<::'< i' !'!!" ilKi Jib I'll'l;!' ' ,1,' Kid"1:1' i/'ltliuWliiil • OrM ,i
mill*'1 !i- '>!
,, ,, , , , ,
o.&'i ..... [" ^ •».;'. .'K «•*;!. •• •, :• ..... i '*':.•; ......... •»::)••:. .••
iJi!".! " !!"".". '"i1 •„ ,i'" '• i 'u : ; ;i,,"! • /"n,, ni1 "t «x iid.'1 ...... . ;: ...... ih i •>. , ' nil ,t ..... '»'f: >I&MU\ ..... m.,; ..... i
;!:; "|i;:i ....... «/' ; ......... sh; Mm-"1* us-,:.; ; •:•!..« twi'
I J'iOI I i si ''III I1'1 111 I Ml
•II t.'.r?'iJ ;
'' i":/iiiiiii'!i ;r
:l!'*1
^•ii I' .iiinilifi "1' :":!> IV:1; ''
En>rtronmentql Protection Agency
be informed of, and trained in, the
l,,1,chpige prior to start-up of the process
•aTor Infected part of the process.
£=••• (dj If ? ch^S6 covered by this para-
graph results in a change in the process
^^Sfy information reejuired by §68.65 of
! J'!"!!!: this 'part, such information shall be up-
||||diiat^iiiaccordingly.
" !?'„„§, ^'iipg6 covered by this para-
grapi results' in a change in the oper-
ating procedures or practices required
jjy §68.69, such procedures or practices
...... ];ilshall,be updated accordingly.
; .ii| 68.77 ...... ....... Fre-startup review.
r ?ia5 The owner or operator shall per-
.fornj .......... a pre-startup safety review for
new sStionary sources and for modi-
sources when the modi-
§68.83
I
findings of the compliance audit, and
document that deficiencies have been
corrected.
(e) The owner or operator shall retain
the two (2) most recent compliance
audit reports.
161 FR 31722, June 20, 1996, as amended at 64
FR 979, Jan. 6, 1999]
§ 68.81 Incident investigation.
(a) The owner or operator shall inves-
tigate each incident which resulted in,
or could reasonably have resulted in a
catastrophic release of a regulated sub-
Ii!!'1:":' I fill (i Itm.
ft • i :RI|N 1 i; iii '.
.gcatipn....^ ......... significant enough to re-
a Cn2inge in th6 process safety in-
IB:!'.
The pre-startup safety review
shall confirm that prior to the intro-
o,!} ..... of ..regulated substances to a
.GO Construction and equipment is in
........ ' '" !l1 ............... "Sccof dance with design specifications;
' operating, maintenance,
procedures are in place
• araTare ..... adequate;
?.: "(S$ For new stationary sources, a
process hazard analysis has been per-
fprnied and recommendations have
been resolved or implemented before
startup; arid modified stationary
sources friee'E the requirements con-
tained in management of change,
§68.75.
(4) Training of each employee in-
volved in operating a process has been
completed!
•(in i n ii1",!;!, ...... .i-;1!:::"1! ..... vs'tfi-;.'^ .iv ^f\:n f -.,
68.79 Compliance audits.
..... " ..... • . -
",':„''is-'1
11 iii i _ni
(a) The owner pr operator shall cer-
that they have evaluated compli-
I ance with the provisions of this sub-
ji'i,,,'I pari! at"' least every three years to
verify that procedures and practices
riJ iiir develo|jed under this subpart are ade-
r,, ,i;£gua^§'jjjjf'^pg Being followed.
..^•^jj jj^^^i TJie compliance audit shall be
y-i-iv.i.ffj SSFSiiisisI E/ at least one person
knowledgeable in the process.
1 j'iii.'n«K(c^ A report of the findings of the
'.'!.!'"" "'•"!' SSaJt shall be developed.
'"j'''.«!r.ij^t'« "3^e, P_wller,, P£ operator shall
'"";;;,;,. ^prdJnptly HeteiTnine' arid "document an
appfbpriate response to each of the
'stafice."
(b) An incident investigation shall be
initiated as promptly as possible, but
not later than 48 hours following the
incident.
(c) An incident investigation team
shall be established, .and consist of at
least one person knowledgeable in the
process involved, including a contract
employee if the incident involved work
of the contractor, and other persons
with appropriate knowledge and experi-
ence to thoroughly investigate and
analyze the incident.
(d) A report shall be prepared at the
conclusion of the investigation which
includes at a minimum:
(1) Date of incident;
(2) Date investigation began;
(3) A description of the incident;
(4) The factors that contributed to
the incident; and,
(5) Any recommendations resulting
from the investigation.
(e) The owner or operator shall estab-
lish a system to promptly address and
resolve iitheiii|incidientii]irepo_rt findings and
recommendations. Resolutions and cor-
rective actions shall be documented.
(f) The report shall be reviewed with
all affected personnel whose job tasks
are relevant to the incident findings in-
cluding contract employees where ap-
plicable.
(g) Incident investigation reports
shall be retained for five years.
§ 68.83 Employee participation.
(a) The owner or operator shall de-
velop a written plan of action regard-
ing the implementation of the em-
ployee participation required by this
section.
53
iiiiiiii
-------
§68.85
40 CFR Ch. I (7-1-99 Edition)
(b) The owner or operator shall con-
sult with employees and their rep-
resentatives on the conduct and devel-
opment of process hazards analyses and
on the development of the other ele-
ments of process safety management in
this rule.
(c) The owner or operator shall pro-
vide to employees and their representa-
tives access to process hazard analyses
and to all other information required
to be developed under this rule.
§ 68.85 Hot work permit.
(a) The owner or operator shall issue
a hot work permit for hot work oper-
ations conducted on or near a covered
process.
(b) The permit shall document that
the fire prevention and protection re-
quirements in 29 CFR 1910.252(a) have
been implemented prior to beginning
the hot work operations; it shall indi-
cate the date(s) authorized for hot
work; and identify the object on which
hot work is to be performed. The per-
mit shall be kept on file until comple-
tion of the hot work operations.
§68.87 Contractors.
(a) Application. This section applies
to contractors performing maintenance
or repair, turnaround, major renova-
tion, or specialty work on or adjacent
to a covered process. It does not apply
to contractors providing incidental
services which do not influence process
safety, such as janitorial work, food
and drink services, laundry, delivery or
other supply services.
(b) Owner or operator responsibilities.
(1) The owner or operator, when select-
ing a contractor, shall obtain and
evaluate information regarding the
contract owner or operator's safety
performance and programs.
(2) The owner or operator shall in-
form contract owner or operator of the
known potential fire, explosion, or
toxic release hazards related to the
contractor's work and the process.
(3) The owner or operator shall ex-
plain to the contract owner or operator
the applicable provisions of subpart E
of this part.
(4) The owner or operator shall de-
velop and implement safe work prac-
tices consistent with §68.69(d), to con-
trol the entrance, presence, and exit of
the contract owner or operator and
contract employees in covered process
areas.
(5) The owner or operator shall peri-
odically evaluate the performance of
the contract owner or operator in ful-
filling their obligations as specified in
paragraph (c) of this section.
(c) Contract owner or operator respon-
sibilities. (1) The contract owner or op-
erator shall assure that each contract
employee is trained in the work prac-
tices necessary to safely perform his/
her job.
(2) The contract owner or operator
shall assure that each contract em-
ployee is instructed in the known po-
tential fire, explosion, or toxic release
hazards related to his/her job and the
process, and the applicable provisions
of the emergency action plan.
(3) The contract owner or operator
shall document.that each contract em-
ployee has received and understood the
training required by this section. The
contract owner or operator shall pre-
pare a record which contains the iden-
tity of the contract employee, the date
of training, and the means used to
verify that the employee understood
the training.
(4) The contract owner or operator
shall assure that each contract em-
ployee follows the safety rules of the
stationary source including the safe
work practices required by §68.69(d).
(5) The contract owner or operator
shall advise the owner or operator of
any unique hazards presented by the
contract owner or operator's work, or
of any hazards found by the contract
owner or operator's work.
Subpart E—Emergency Response
SOURCE: 61 FR 31725, June 20, 1996, unless
otherwise noted.
§68.90 Applicability.
(a) Except as provided in paragraph
(b) of this section, the owner or oper-
ator of a stationary source with Pro-
gram 2 and Program 3 processes shall
comply with the requirements of §68.95.
(b) The owner or operator of sta-
tionary source ' whose employees will
not respond to accidental releases of
regulated substances need not comply
54
-------
illillilllli;1"! ' T i ..I:
,!!liyrfm §68^95 "of ^'this "part "provided "that
^S%H^ meet line following:
;,; ;-;;,; (1) For stationary sources with any
regtulated toxic substance held in a
«..j^pfocSss above the threshold quantity,
!;1 f!!|!!!P!the stationary source is included in the
'' ' l-^ :
plan
! stationary :
emergency response
i. '"52 gevelbped under 42 U.S.C. 11003;
(2) For stationary sources with only
regulated flammable substances field in
a process above the threshold quantity,
:•',', —the owner .or ..operator has coordinated
SnSe a'ctions with the local fire de-
lEi
f1,!''1'""
liipHlil'li
Appropriate mechanisms are in
place to notify emergency responders
when there is a need for a response.
llllliliLilllIllllllll P l I (111 i Hi 1 In I 11 'I i I' I
§ 68.95 Emergency response program.
The owner or operator shall de-
i™vj?lpp and implement an emergency re-
program for the purpose of pro-
ublic health and the environ-
ja H ^ch program shall include the
following elements:
jii^ HI '.... An emergency response plan,
''','1 "wMcHysHair Be maintained at the sta-
donafy "source and contain at least the
fallowing elements:
t t; (i) Procedures for informing the pub-
niBlic arid local' emergency response agen-
j|«|£fa£J!iboui£ accidental, releases;
£"S£ir (ii) Documentation of proper first-aid
;<'v ,;;,;IJE|rid ergergency medical treatment nec-
,_, -;;^^g^r-^0'"^egj:-gj;gj
-------
§68.115
40 CFR Ch. I (7-1-99 Edition)
weight, but the owner or operator can
demonstrate that the partial pressure
of the regulated substance in the mix-
ture (solution) under handling or stor-
age conditions in any portion of the
process is less than 10 millimeters of
mercury (mm Hg), the amount of the
substance in the mixture in that por-
tion of the process need not be consid-
ered when determining whether more
than a threshold quantity is present at
the stationary source. The owner or op-
erator shall document this partial pres-
sure measurement or estimate.
(2) Concentrations of a regulated flam-
mable substance in a mixture, (i) General
provision. If a regulated substance is
present in a mixture and the con-
centration of the substance is below
one percent by weight of the mixture,
the mixture need not be considered
when determining whether more than a
threshold quantity of the regulated
substance is present at the stationary
source. Except as provided in para-
graph (b)(2) (ii) and (iii) of this section,
if the concentration of the substance is
one percent or greater by weight of the
mixture, then, for purposes of deter-
mining whether a threshold quantity is
present at the stationary source, the
entire weight of the mixture shall be
treated as the regulated substance un-
less the owner or operator can dem-
onstrate that the mixture itself does
not have a National Fire Protection
Association flammability hazard rat-
ing of 4. The demonstration shall be in
accordance with the definition of flam-
mability hazard rating 4 in the NFPA
704, Standard System for the Identi-
fication of the Hazards of Materials for
Emergency Response, National Fire
Protection Association, Quincy, MA,
1996. Available from the National Fire
Protection Association, 1
Batterymarch Park, Quincy, MA 02269-
9101. This incorporation by reference
was approved by the Director of the
Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. Copies
may be inspected at the Environmental
Protection Agency Air Docket (6102),
Attn: Docket No. A-96-O8, Waterside
Mall, 401 M. St. SW., Washington DC;
or at the Office of Federal Register at
800 North Capitol St., NW, Suite 700,
Washington, DC. Boiling point and
flash point shall be defined and deter-
mined in accordance with NFPA 30,
Flammable and Combustible Liquids
Code, National Fire Protection Asso-
ciation, Quincy, MA, 1996. Available
from the National Fire Protection As-
sociation, 1 Batterymarch Park, Quin-
cy, MA 02269-9101. This incorporation
by reference was approved by the Di-
rector of the Federal Register in ac-
cordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Copies may be inspected at the
Environmental Protection Agency Air
Docket (6102), Attn: Docket No. A-96-
O8, Waterside Mall, 401 M. St. SW.,
Washington DC; or at the Office of Fed-
eral Register at 800 North Capitol St.,
NW., Suite 700, Washington, DC. The
owner or operator shall document the
National Fire Protection Association
flammability hazard rating.
(ii) Gasoline. Regulated substances in
gasoline, when in distribution or re-
lated storage for use as fuel for inter-
nal combustion engines, need not be
considered when determining whether
more than a threshold quantity is
present at a stationary source.
(iii) Naturally occurring hydrocarbon
mixtures. Prior to entry into a natural
gas processing plant or a petroleum re-
fining process unit, regulated sub-
stances in naturally occurring hydro-
carbon mixtures need not be considered
when determining whether more than a
threshold quantity is present at a sta-
tionary source. Naturally occurring
hydrocarbon mixtures include any
combination of the following: conden-
sate, crude oil, field gas, and produced
water, each as defined in §68.3 of this
part.
(3) Articles. Regulated substances con-
tained in articles need not be consid-
ered when determining whether more
than a threshold quantity is present at
the stationary source.
(4) Uses. Regulated substances, when
in use for the following purposes, need
not be included in determining whether
more than a threshold quantity is
present at the stationary source:
(i) Use as a structural component of
the stationary source;
(ii) Use of products for routine jani-
torial maintenance;
(iii) Use by employees of foods, drugs,
cosmetics, or other personal items con-
taining the regulated substance; and
56
-------
•Jill'! I i „ lllllllti I"!!! ill!' 'I'1":;,*,! Ill; I!':.!'',,(11
j'ni :„; iiiiiMi in- ">!;i lauT i,,, iiiiii
1,tlilll'l, ' i'i'-l'"," ', ."fiili!:"!'"1, ii!!"!1"1 "'.I!''('I i", i I," I: i,.
'itiiiilllll , Jin":; :i' it!,1!'-!1!!':, \t,
ill" '!iii!l'!/'::B,,,i;r,'i|,,''
'Rli I I ,,'i,',l, 'I1 ,: 'liiilll1',, liili , ,|'i,
I',!:,"!,,,;'! i,)]: " , '.
!'! '':,;.*Af?'i':i1^1:
'i I'lPlii <:!,C:,i,, , Ill-H-iil!',,* "'I'l1'1",!*
Ili'lilSlllllll) ' 111 'I" i
II II
III (Ill llillil
Illlllll I llillil
Sin1!!1*1! si'ril, SMI ""
IliniEiT'E 'itiVi1 iilW
II'11'! Si1''!!, "''''filll'1' ''"i -I
iSiKii'i'iiKitfi!1 "I'iii'
IIX4
" ~,:: Environmental Protection Agency
(iv) Use of regulated substances
'i? fn process 'water or non-contact
, water ? d£awn ft"001 the envi-
Q£!^P^ sources, or use
gulated substances present in air
as compressed air or as part
§68.120
"Ii: I''ill '' II,!1!,,1,, 'HI!""
liFi " Jii1' 'Ii'!! »+,i! "I I
iili W.mm
«.ll;l|lln/l T' If ?'"
i, if'IL
Activities: in laboratories. If a regu-
j^_g gugst:ance js manufactured, proc-
•I i" wiiiijj ' M^-iiVZjpHo^arysource {^der the supervision of
"'"' • -~;l"!|l'l'l;'!'':; ^j'j^'I'jTS^SfflEiiSSl^y qualified individual as de-
"Jl ...I"!" ''V^^'T!"!!?1'!!"l!l5n^ in §720.3(ee) of this chapter, the
:•"; ,,, III'! p'Hi: »<'3!i«f!?i|(H'B^tf2Jfc£ty of the substance need not be
;"' ' 'Biffijj;: , ^tfti;iM£Sd^£l€£Sd. J,Q,,,dej;ermining whether a
..j"1,; iiia'jii'll'i1 ''„ 'iii'i'rfi'V jiiSJiiliresfopjjjL Quantity is present. This ex-
/j, 'f|s,,f !i,i;,;;i, -tYtj''T'i:|:'=ii[|mp5on does not apply to:
• -„ :: -: -'„;,"" ,:" (D Specialty chemical production;
, , .,, ,„,„. ,„,.., „,,„,, (lij Manufacture, processing, or use
'•" ^ " „" ",.'"' ",'.,! of substances in pilot plant scale oper-
,,,;;:' ' ££!•» i,1" '!«.«;« "ijiirations; and"
(iii) Activities conducted outside the
illiU,! 'i!!', ,,'!:l';,',:|ilil' il.nHJBR'Kili'ii"1 t
„„; ,„, 159 FR 4493, Jan. 3.1. .1994. Redesignated at 61
1 ' '"' """"""•"'T, June'ZCL 1996."as "amended at 63 FR
HIM1 'Piril'ffl III ' 111; 11,1; •?
Bill! i-''''
IBW.'r'i"
IIIU:' |i'l "'I' .ill, ,,l hll,,!'1!1 ''Ill,j,i
„ , ,,,,,,^c, _,' person may petition the Ad-
•'™-;:;;j1 ',."::•;"„',!'^S^S^t^-tpr. ^...modify, by addition or
IIIIII' j '$ ^yjf' •ij^^^S'&^^i^s'^S.V1 "ffl, EPSulated sub-
:"::: ":' :""" :i:"l|li:i" :'""" .stance's fderitificd in""l§68".130. Based on
ilff'II ..... I, iiiij "i ..... i'1"; I:::;!!
i 1:1/1- 3/1 ;i !»•'!•"
in ..... Y Jii! L* "i ...... tip ..... .
III! ...... 'H,:!!!*!! ..... :l"lll ,
'
illliil 'I i';!'":1' "
„ niii!!, :n n;:i i ,,'' ,,i!
llilf'li1 'i1"'!.' ,':f>
llllllll|illi: i1 flip S, ' I,' ,Jl
rlpfif^i
I,;™;:. 'SEdpny a petition.
" " A substance may be, added to the
if, .in ...the caso...p.f,.an. accidental re-,,,,
it is ..known to rause...^, may be
ijf' 'jj'ijjjBfggnably anticipated to cause death,
; -''-injury, or serious adverse effects to
(5) Rationale supporting the peti-
tioner's position; that is, how the sub-
stance meets the criteria for addition
and deletion. A short summary of the
rationale must be submitted along
with a more detailed narrative; and
(6) Supporting data; that is, the peti-
tion must include sufficient informa-
tion to scientifically support the re-
quest tomodiiy'the'list. Such informa-
tion shall include:
u11 ;i v: lull',i lib
- i|i*"llii ''Fiillll
'i iiii11 iiiriiiiii'1
.111 III111 JII'VI "Ml II VIFI'lil
illS'lvmijf',,!'*'':'
it t );.(ii«i'if iis-itK.
lllll1' SiL,!'""
I: ''JiLillliiiili
^.iM X sub'starico "may be" deKetecTlrom''
"*'" 'I11' '"i'""*I'!*' lUff'fne list if" adequate data on the health
'Bii'llT'TliK/MfpHd environmental effects of the sub-
,,,,,,, _ _ ^ ,_^_,,__,^,___£._£„„„_„ ^_.iabie to determine that
p,|j; .Jifi".'-'ii",I;;,;;" J^^ftg s,u,bs,tancca in the case „of .an accj-
ti -,:,«;,".,,,.; i!,,,,!, im, ^ZflSil&sil J^1&<3SP^ i,5 not known,,,, to cause
~; ,'i1;'!,'';",,,,;:,II,,!,;„;, £;^^| 2lay not '3C reasonably anticipated
#)IL£pj!fi!auss jjeathj^ injury, or serious ad-
iii,,!; ,,:,!"i';»''"'"! tB'ii!?' 'WTHiie.!^ ejcieccs to, ...nurnan health or the, „
Sft'T '"I!S''i:„';;:,;,"' '"'SSSS (d| No substance for ^which a national
Jilli'li iii h,;,!Ii»va«"Has been established shall be added to
." No .^j^^i^ regulated ...... under
(i) A" fist of ail support documents;
(ii) Documentation of literature
searches conducted, including, but not
limited to, identification of the data-
base^) searched, the search strategy,
dates covered, and printed results;
(iii) Effects data (animal, human, and
environmental test data) indicating
the potential for death, injury, or seri-
ous adverse human and environmental
impacts from acute exposure following
an accidental release; printed copies of
the data sources, in English, should be
provided; and
(iv) Exposure data or previous acci-
data.
! burden of proof is on the peti- neajj£g or environmental' effects' from
I '"'"tioner to demonstrate that the criteria an accidental release. These data may
ii i • i i • i • ii in i 11 i 11 h i n i
ii IK iii i iiiiii iii u i ii niii i i i
' U K"' fl',"11!" ' '
'IB 'I'l
II 1111 1111 111
ill liili i mi
for addition and deletion are met. A pe-
tition will be denied if this demonstra-
tion is not made.
(f) The Administrator will not accept
additional petitions on the same sub-
stance following publication of a final
notice of the decision to grant or deny
a petition, unless new data becomes
available that could significantly af-
fect the basis for the decision.
(g) Petitions to modify the list of
regulated substances must contain the
following:
(1) Name and address of the peti-
tioner and a brief description of the or-
ganization^) that the petitioner rep-
resents, if applicable;
(2) Name, address, and telephone •
number of a contact person for the pe-
tition;
(3) Common chemical name(s), com-
mgn synonym(s), Chemical Abstracts
Service number, and chemical formula
and structure;
t(4) Action requested (add or delete a
-------
§68.125
40 CFR Ch. I (7-1-99 Edition)
include, but are not limited to, phys-
ical and chemical properties of the sub-
stance, such as vapor pressure; mod-
eling results, including data and as-
sumptions used and model documenta-
tion; and historical accident data, cit-
ing data sources.
(h) Within 18 months of receipt of a
petition, the Administrator shall pub-
lish in the FEDERAL REGISTER a notice
either denying the petition or granting
the petition and proposing a listing.
§68.125 Exemptions.
Agricultural nutrients. Ammonia used
as an agricultural nutrient, when held
by farmers, is exempt from all provi-
sions of this part.
§ 68.130 List of substances.
(a) Regulated toxic and flammable
substances under section 112(r) of the
Clean Air Act are the substances listed
in Tables 1, 2, 3, and 4. Threshold quan-
tities for listed toxic and flammable
substances are specified in the tables.
(b) The basis for placing toxic and
flammable substances on the list of
regulated substances are explained in
the notes to the list.
TABLE 1 TO §68.130.—LIST OF REGULATED
Toxic SUBSTANCES AND THRESHOLD QUAN-
TITIES FOR ACCIDENTAL RELEASE PREVENTION
[Alphabetical Order—77 Substances]
TABLE 1 TO §68.130.—LIST OF REGULATED
Toxic SUBSTANCES AND THRESHOLD QUAN-
TITIES FOR ACCIDENTAL RELEASE PREVEN-
TION—Continued
[Alphabetical Order—77 Substances]
Chemical name
Acrolein [2-
Propenal].
Acrylonitrile [2-
PropenenitrileJ.
Acrylyl chloride
[2-Propenoyl
chloride].
Ally! alcohol [2-
Propen-l-ol).
Allylamine [2-
Propen-l-
amine].
Ammonia (anhy-
drous).
Ammonia (cone
20% or greater).
Arsenous tri-
chloride.
Arsine
Boron trichloride
[Borane,
trichloro-].
Boron trifluoride
[Borane,
trifluoro-].
CAS No.
107-02-8
107-13-1
814-68-6
107-18-61
107-11-9
7664-41-7
7664-41-7
7784-34-1
7784—42—1
10294-34-5
7637-07-2
Threshold
quantity
(Ibs)
5,000
20,000
5,000
15,000
10,000
10,000
20,000
15,000
1,000
5,000
5,000
Basis for
listing
b
b
b
b
b
a, b
a,b
b
b
b
b
Chemical name
Boron trifluoride
compound with
methyl ether
(1:1) [Boron,
trifluoro [oxybis
[metane]]-, T-4-.
Bromine
Carbon disulfide
Chlorine
Chlorine dioxide
[Chlorine oxide
(CI02)].
Chloroform
[Methane,
trichloro-].
Chloromethyl
ether [Methane,
oxybis[chloro-].
Chloromethyl
methyl ether
[Methane,
chloromethoxy-
Crotonaldehyde
[2-Butenal].
Crotonaldehyde,
(E)- [2-Butenal,
(E)-].
Cyanogen chlo-
ride.
Cyclohexylamine
[Cyclohexana-
mine].
Diborane
Dimethyldichloro-
silane [Silane,
dichlorodimeth-
yi-].
1,1-
Dimethylhydra-
zine [Hydra-
zine, 1,1 -di-
methyl-].
Epichlorohydrin
[Oxirane,
(Chloromethyl)-].
Ethylenediamine
[1,2-
Ethanediamine].
Ethyleneimine
[Aziridine].
Ethylene oxide
[Oxirane].
Fluorine
Formaldehyde
(solution).
Hydrazine
Hydrochloric acid
(cone 37% or
greater).
Hydrocyanic acid
CAS No.
353-42-4
7726-95-6
75-15-0
7782-50-5
10049-04--*
67-66-3
542-88-1
107-30-2
4170-30-3
123-73-9
506-77--t
108-91-8
19287-45-7
. 75-78-5
57-14-7
106-89-8
107-15-3
151-56-4
1 75-21-8
7782-41-4
50-00-0
110-00-9
302-01-2
7647-01-0
! 74-90-8
Threshold
quantity
(Ibs)
15,000
10,000
20,000
2,500
1,000
20,000
1,000
5,000
20,000
20,000
10,000
15,000
2,500
5,000
15,000
20,000
20,000
10,000
10,000
1,000
15,000
5,000
15,000
15,000
2,500
Basis for
listing
b
a, b
b
a, b
c
b
b
b
b
b
c
b
b
b
b
b
b
b
a, b
b
b
b
b
d
a, b
58
-------
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Jiil!11:''! liiiii-'iii'iirii'lSiii1"1 ill!'" 'ii"11) si I1 ill I; ,.i;iiiii§iiiK >;,, liiii,' • in 'tflt
.iH .ill" "1'Pii1 ,"|i',l ' i,1 i'If !,!,,'!.,,!j,'i' as; II™ i':1!,1!»: | MI':!' 'a1 if
'f'j'inr;1"' ' jj;, , '" ,' Jill; I . '•'i'»li;i| ""Jiii j.l/llj'1!: , '"'|i,:'i«j "" \\l
lHIII!1!!'Ulilllli, nl 'Hi, U '!"i llHiimi Fl II'TI, IH 'i 'Ollllli, i|III<'l!ii| i«MI'IH' if 111! i "ill i ,i I'l 'I II, I,,' ilNiililllnlWiijjIIIH: 'I II,'" , ' III J' Ii,:1' I ' i ilil I'11 ,: 111 '! I.' IIW1;!' llh
' II nl:;' i •;.: li! i r \' n::"!:' • 0 Si •' vii'»•. ill" ty' V'i i'"';' •': W\ i' ^'. '. '''' i' ft* f !'':!| l' J' * * 'I; j
n ! ! , n|, mm , ! |m| ! T|| , ! |,||||||i||||.||. W nil ' |f »'i inn 'U nil 1 | "II1 'I1 IT |M
'!|J, ,Jl,"° '" „;, ' ''i"," ' i, ' M,"' ' , '"'.lli ii .' ' " TNI,, ''""'i' I'll,, " "I '•• v'lil' . ' "" • I,' ' ..,!""", ' '""' " " i ' " '.I, HI - '.
I;;;,;;1-" , 'i'1, ; " ";;; ' ; '";" • • "';; ; ;;*";;;' -^1 ,'"! I, "" ' ,; "" '„ ', :"":! ' ' ' !!, '' ',, "; " " ' '''
IIH f ". :,!< illllli.! j, . ii- '..., ',,;'. "m ,::'liili!:' '! -:?'i '\ W!' ' ,'•[:• •'! ../. •". *•: .,! ii, "ft
112, ^vlifi!|;>iii*i;:t. • MK-iifli: I1 ^ '.Vi; it't W •• J'j "' . W.wA-i'i .,,='":
'' '' ' ' ' " " '' "'
:,"!„",, , ",' '„
'illi!1!1'1!!1 i, 1 ,,1'i "if III
•ni ;*; ; ;;;;'!;";
:f' ;„;>,'. .:..|l!!1ii
SI! 'M".ff
, ||l|||n, !
111 ,:,/',„
'"1 Wl'l"'!!1
", ! „!"""! „"'"""'!'
'''II!'1'
i|l||h , Tl
HI!"", M! '! nn ' " in . ,m ,, " ',", „ "' „
,,,,„' lr ," , f ' , ' ™'™' \ , ,Ni 'v ",, 'n
im • ! ;;;; ' ; ';;; ;; "'" , \ |;1"11;" - \ ;
i^l^liilji'ft'.iM1;:!;*!;^:.,;,'
| |||n f , ,h ,nl|l|l , , ,h i. - ,r,i ,
S
«i ' iiii :iiii.iii.|| iiiiiiiiiiiiiiiii i iiiiiiiiiiliiiiiiiiiii in
Sii!ii:i;.^^^^^^^^^^^^^^^^ >l,!:i,l ', iiiiiii;;::;.";;1. ..", i^;;,,;::,,;,;;:;:: ' i Chomlcal name
™* %£ '" , ^ydrogen chto-
iiiuiH iiiiiiiii^iritaii, i iiiiiii i iiiiiiiiiiiiiiiii iiiiiiii ride (anhy-
drous) [Hydro-
:, ...,,, -„;,:. :i.: : . chtoric acid].
Hydrogen fluo-
ride/
, Hydrofluoric
. add (cone 50%
of greater)
[Hydrofluoric
acid].
Hydrogen solo-
nWe.
.Hydrogen sulfido
Iron,
pontacarbonyl-
iii.ii , i,i ,; i,,,., if;, ' , ., iiii. ; ;;; ' ' „:;; i,;,,:, ,,: .,;:, ;:ii;. [iron carbonyi
(Fe(CO)5),
(T8-5-11)-].
Isobutyronftrile
J7H :„»',! !i "I -i. ,'.,!, ,' • I i "','/.': .' ;i,i,.i.iii..iiL Hiim L E52E!W^?Bf .
1 1 n I |;n I i 1 1 III||H riiw 'i i j|H ^^ 1 f B : '.. i rfflflr^^"^'
I iiw iiii., , Eli "' , /,"l , , 1 iiii 'iiii :illjli;Kj«i"'iif, iiii Isopropyl
JiH^^^^^^^^^^ IJilE i i, IK ' " Illiill1? i JIMlK: im" ^ggSKaft.,.
t^^'i' sia " :; • ;; , •: i 5 i^j. SSLv sjjjj, . *|^|i
•••''..f'tii 'Fllllf1 ' ' •" ... 'i:!!11!!!" Ill ! I!!!1!1"!1':!1!11 UK MetBcfeionftn'le ' "
,„..: . : .„ „!,., , i,.,.. ... -, , , , Propenenitrile,
2-methyi-].
Methyl chloride
[Methane,
chloro-].
Methyl
chtorpformate „„
iii[iiiiiii.i.i iti'ii.isi.iKi.1. 11.11,.. .|...j>. , iiiu:iiii..pi;; .. ' i." i :. .iniiiiiiiiii..'. [Carbonochlori-
- afcadd,
I Zl.l'Z I*.'"!" '!•', , Ii" "I, ' ".''.',•'', „ "— [Hydrazine,
^:*™\:!:==r,±;:^ M^aT
1II3I.K .fill1 ;!!!;!' »r !'' Illlllli^^^^^^^^^^^^^^^ ^IRiiilili.!} 11 Methyl mercaptan
; , „, ,„,„„ ,, [MethanethioO.
i;.,;;;;;;;;;:;, ^z :=: . . "i ' " =i ='.: 1.1 =• ,': iiii: i ' ; , Methyl
tfiiocyanate
acid, mefhyl
ester].
Methyttrichiorosll-
ana [Sllane,
j. :,,,
Nickel carbonyi ...
Nitric acid (cone
80% or greater).
Nitric oxide [Nitro-
gen oxide
(NO)].
CAS No.
7647-01-0
7664-39-3
TTSS^-S
7783-06-4
13463-40-6
78-82-0
108-23-6
126-98-7
74-87-3
" 79_22— 1
60-34-4
624-83-9
74-93-1
556-64-9
75-79-6
13463-39-3
7697-37-2
10102-43-9
Threshold
quantity
(Ibs)
5,000
1,000
500
10,000
2,500
20,000
15,000
;.I;O,PPP
16,006
5,000
15,000
10,000
10,000
20,000
5,000
1,000
15,000
10,000
Bfeting0r Chemical name
a Oleum (Fuming
Sulfuric acid)
[Suifuric acid,
mixture with
a, b sulfur tridxide]'.
Peracetic acid,,.
[Ethaneperoxol-
c acid].
Perchloromethyl-
mercaptan
[Methanesuife-
b nyl chloride,
trichloro-].
a, b Phosgene [Car-
fa bonic dichlo-
ride).
Phosphine
Phosphorus
oxychioride
b ' [Phosphoryl
chloride].
Phosphorus tri-
b chloride [Phos-
phorous tri-
' , chloride].
Piperidine
Propionitrile
. . [Propanenitrile].
b Propyl
[Carbonochlori-
die acid,
a propylester].
Propyleneimine
[Aziridine, 2-
b methyl-].
Propylene oxide
..' y|_x.rane,me
Sulfur dioxide
D (anhydrous).
Sulfur tetra-
fluoride [Sulfur
a' ° fluoride (SF4),
(T-4)-].
Sulfur trioxide
Tetramethyilead
[Plumbane,
" tetramethyl-].
Tetranitro-
methane [Meth-
ane, tetranitro-].
h Titanium tetra-
chloride [Tita-
nium chloride
CTiCI4) CT-4)-].
L- Toluene 2,4-
. diisocyanate
[Benzene, 2,4-
diisocyanato-1-
methyl-]1.
CAS No.
i i. Hiii. i I* .< . :'
8014-95-7
79-21-0
594-42-3
75-44-5
7803-51-2
10025-87-3
7719-12-2
110-89-4
107-12-0
109-61-5
75-55-8
75-56-9
7446-09-5
7783-60-0
7446-11-9
75-74-1
509^14-8
7550-45-0
584-84-9
Threshold
quantity
10,000
' !' ''
•( , 1
w°°
10,000
i I
I II I
500
5,000
5,000
15,000
15,000
10,000
15,000
10,000
.. .j
10,000
1
p,000
2,500
10,000
10,000
10,000
2,500
II
10,000
Basis for
listing
e
„ :
b
b
in ii . i; .in i 1 1 ' iiiiiii I, ii'iiiiii'iii. ....jr .11. i.i'ii." i "
i| '• ' !i '';• .' I; .f (I "I! It -I1!1-1.! I,,; l,-1.1
• • ; :LJ- iillt ic. '"; ;.:
a, b '
ln „ 1 , ,,,,
b
b
b
b
b
b
b
b
I
i i i i 1 1 nil in i
b' i , _,' " " """ '
a, b
b
b
r - . . ... ' .... ii ni "I
: " • ;";;,, \w i,.;: i; '•
,;:":„".::,:::;;,, / ,;., :•':: SiM' i^ :':..*
a
If
Ill
•1111
'' liiill1 Mill
ii " «i
in i i
I i ii II n,i ' i
59
-------
§68.130
40 CFR Ch. I (7-1-99 Edition)
TABLE 1 TO §68.130.—LIST OF REGULATED
Toxic SUBSTANCES AND THRESHOLD QUAN-
TITIES FOR ACCIDENTAL RELEASE PREVEN-
TION—Continued
[Alphabetical Order—77 Substances]
TABLE 1 TO §68.130.—LIST OF REGULATED
Toxic SUBSTANCES AND THRESHOLD QUAN-
TITIES FOR ACCIDENTAL RELEASE PREVEN-
TION—Continued
[Alphabetical Order—77 Substances]
Chemical name
Toluene 2,6-
diisocyanate
[Benzene, 1,3-
dilsocyanato-2-
methyl-]1.
Toluene
diisocyanate
(unspecified
isomer) [Ben-
zene, 1 ,3-
diisocyanatom-
ethyl-]1.
Trimethylchlorosi-
lane [Silane,
chlorotrimethyl-
CASNo.
91-08-7
26471-62-5
75-77-4
Threshold
quantity
(IDs)
10,000
10,000
10,000
Basis for
listing
a
a
b
Chemical name
Vinyl acetate
monomer [Ace-
tic acid ethenyl
ester].
CAS No.
108-05-4
Threshold
quantity
(Ibs)
15,000
Basis for
listing
b
1The mixture exemption in §68.115(b)(1) does not apply to
the substance.
NOTE: Basis for Listing:
a Mandated for listing by Congress.
b On EHS list, vapor pressure 10 mmHg or greater.
c Toxic gas.
d Toxicity of hydrogen chloride, potential to release hydro-
gen chloride, and history of accidents.
e Toxicity of sulfur trioxide and suffuric acid, potential to
release sulfur trioxide, and history of accidents.
TABLE 2 TO §68.130.—LIST OF REGULATED Toxic SUBSTANCES AND THRESHOLD QUANTITIES FOR
ACCIDENTAL RELEASE PREVENTION
[CAS Number Order—77 Substances]
CAS No.
50-QO-O
57—14—7
60-34-4
67-66-3
74-87-3
74-90-8
74—93-1
75-15-0
75-21-8
75-44-5
75-55-8
75-56—9
75-74—1
75-77-4
75-78-5
75-79-6
78-82-0
79-21-0
79-22-1
91-08-7
106-89-8
107-02-8
107 11 9
107—12-0
107-13-1
107 15-3
107 18-6
1 07-30-2
108-05-4
108-23-6
108-91-8
109-61-5 .
110-00-9 ..
110-89-4
123-73-9
126-98-7
151-56—4
302-01-2
353-42-4
Chemical name
Allyl alcohol [2-Propen-l-ol]
Crotonaldehyde (E)- [2-Butenal (E)-] *
trifluoro[oxybis[methane]>, T-4-.
Threshold
quantity
<»*)
15000
15,000
15 000
20,000
10 000
2,500
10,000
20,000
10,000
500
10000
10000
10000
10,000
5000
5,000
20 000
10,000
5,000
10,000
20,000
5000
10,000
10,000
20,000
20 000
15000
5,000
15,000
15,000
15,000
15,000
5,000
15,000
20,000
10,000
10000
15,000
15,000
Basis for
listing
b
b
b
b
a, b
b
b
a, b
a, b
b
b
b
b
b
b
b
b
b
b
b
b
b
b
b
b
b
b
b
b
b
b
b
b
b
b
b
b
60
-------
Environmental Protection Agency
=F-
§68.130
TABLE 2 TO §68.130.—LIST OF REGULATED Toxic SUBSTANCES AND THRESHOLD QUANTITIES FOR
• =;;,',' '';;'! ;, - ;,";'; ;,; '-ACCIDENTALRELEASE.'
CAS No.
506-77-4 ..,„
609-14-a ....._,.,....„...
542-S8-1 ....„
556-6<-9 „
5B4-84-9 ....„
594-42-3 ,
624-83-9
814-€§-€ .
4170-3&-3 ...»
li I'll iii f i iii iii ' iii if T^fii^r r
ll!|l Hi IV'i.VllljSSibi^z
7647-01-0
7647-01-0 ...„
7864-39-3
7664-41 -7 . ~.
7^7-37-2
LJIi'illiiMIIIIii;,;,!,!!,'!!!1'" ill Hi1 „!::, ilnJillB i|. PIT,' fli ::'••;, • i,",1 i'ii|i|i.,,'JHiiiiiiiiiiii4S^NHnSB,, n^^ffSff'A'rf
7713—12-2 4«
''""" • '• -u '• ' • • ' ' ' i!l"' ' I!"L 7726-9516 .«_„.„ «
, illt1 1 iilf «1 "1" ;: • (1 1 i , '» : iii': !?• • " WtTVa^So*"^™'!
7783-O6-4 .....
7783-07-5 _..
7783-60-0 ™ ......
7784-34-1
778^-42-1 „
7803-51-2 ............ .
tou-9^7"Z.".'.:.".~_
10025-87^3' ." '.". ~
10049-04-4 ,
10102-43-9
10294-34-5 ....... ....
13463-39-3
13463-40-6 .
19287-45-7 .._
26471-€2-S.,=.,™,.™
r \ n; ' i : ri' iii n mi i. B i TI, MI: , ' , i ii'T ' 'inn""!1 ' w i™ ' i R ' TIT; IIP ir inn i M
Chemical name
Crotonaldehyde [2-Butenal]
Sutfurtrioxtde
Trtanlum tatrachloHde [THanium chloride (TJCI4) (T-4)-]
Boron ttifluortde [Borane, trifluoro-]
Hydrogen fluoride/Hydrofluoric acid (cone 50% or greater) [Hydrofluoric acid]
Phosphorus trichloride [Phosphorous trichloride]
Chlorine
Sulfur tetrafluoiide [Sulfur fluoride (SF4), (T-4)-]
Arslne ..,., „ ,. .. . .,
Oleum (Fuming Sulfun'c acid) [Sulfuric acid, mixture with sulfur Irioxide]1
Chlorine dioxide [Chlorine oxide (CIOz)]
Nitric oxide [Nitrogen oxide (NO)]
Boron trichloride [Borane, trichloro-]
NSeTSffionyl '.' I : ". T.
Iron, pentacarbpnyl- [Iron carbonyl (Fe(CO)s), (TB-5-11)-]
Toluene diisocyanate (unspecified Isomer) [Benzene, 1,3-diisocyanatomethyl-
'"V>.. .
Tfiresn'oid"'
quantity
lin(lbs)
10,000
10,000
1,000
20 000
10,000
10,000
10,000
5,000
20,000
S 000
10 000
2,500
5,000
15,000
5,000
1,000
20,000
15,000
10, 000
4500
10,006
500
2,500
15,000
f b'oo
5,000
10,000
5 000
1,000
10,000
5,000
1 000
2,500
2500
irj.ooo
Basis for
b
b
b
b
a, b
b
b
a b
a b
b
b
d
a, b
a, b
b
a b
a, b
a, b
b
b
b
b
b
e
b
b
b
b
b
b
a
ll
-------
§68.130
40 CFR Ch. I (7-1-99 Edition)
TABLE 3 TO §68.130.—LIST OF REGULATED FLAMMABLE SUBSTANCES AND THRESHOLD QUANTITIES
FOR ACCIDENTAL RELEASE PREVENTION—Continued
[Alphabetical Order—63 Substances]
Chemical name
Dichlorosilane [Silane, dichloro-]
Difluoroethane [Ethane, 1,1-difluoro-]
2,2-Dimethyl propane [Propane, 2,2-dimethyl-]
Ethane
Hhylene [Ethene] .
Ethyl ether [Ethane, 1,1'-oxybis-]
Ethyl nitrite [Nitrous acid ethyl ester]
2-Methyl-1-butene
Vinyl ethyl ether [Ethene ethoxy-]
Vinyl fluoride [Ethene fluoro-]
Vinylidene chloride [Ethene, 1 ,1 -dichloro-j
Vinylidene fluoride [Ethene, 1.1-difluoro-]
Vinvl methyl ether FEthene, methoxy-1
CAS No.
590-21-6
460-19-5
75-19-4
4109-96-0
75-37-6
.124-40-3
463-82-1
74 ,.34 ,.Q
107-00-6
75-04—7
' 75-00-3
74_85_1
60-29-7
75-08-1
1 09-95-5
1333-74-0
• 75-28-5
78-78-4
78-79-5
75-31-0
. 75-29-6
74-82-8
74-89-5
563-45-1
563-46-2
'115-10-6
107-31—3
115-11 7
•504-60-9
109-66-0
103-67 1
646—04-8
627-20-3
463—49-0
74—98-6
115-07 1
74 -00 -7
7803-62 5
116-14-3
• 75-76-3
1 0025-78-2
79-38-9
75-50-3
689-97-4
' 75-01-4
109-92-2
75-02-5
75-35-4
75-38-7
107-25-5
Threshold
quantity
(ibs)
10000
10000
10000
10,000
10000
10000
10000
10000
10 000
10000
10 000
10000
10,000
10000
10 000
10 000
10 000
10 000
10000
10 000
10 000
10 000
10 000
10000
10000
10000
10 000
10 000
10 000
10 000
10 000
10 000
10 000
10 000
10 000
10 000
10 000
10 000
10 000
10 000
10000
10,000
10 000
10 000
10000
10 000
10,000
10000
10.000
Basis for
listing
f
f
f
f
f
f
f
f
f
f
f
f
f
f
f
f
f
f
f
f
a f
f
f
f
NOTE: Basis for Listing:
a Mandated for listing by Congress.
f Flammable gas.
g Volatile flammable liquid.
TABLE 4 TO §68.130.—LIST OF REGULATED FLAMMABLE SUBSTANCES AND THRESHOLD QUANTITIES
FOR ACCIDENTAL RELEASE PREVENTION
[CAS Number Order—63 Substances]
CAS No.
60-29-7
74-82-8
74-84-0
74-65-1
Chemical name
Ethyl ether [Ethane 1 I'-oxybis-]
Ethane
Ethvfene FEthenel .
CAS No.
, 60-29—7
74-82-8
74-84-0
74-85-1
Threshold
quantity
(Ibs)'
10 000
10 000
10 000
10.000
Basis for
listing
f
f
f
62
-------
Ill I
III Hill
111 lllllll
fill (1111
lllllll lllllll
'Ml1 ill ( 1
Environmental Protection Agency
§68.130
TABLE 4 TO §68.130.—LIST OF REGULATED FLAMMABLE SUBSTANCES AND THRESHOLD QUANTITIES
FOR ACCIDENTAL RELEASE PREVENTION—Continued |
[CAS Number Order—63 Substances]
..... i aiiifjijif i •' ;
llli'ii!:]!1" ;l liii»!l;l,:ilHII! I!1"!!1
•i:!':iiitj:' 'Tiiifiiiiiii
I'll t< 'illnii " 'i 'is«'! :'»i II;!11 'i
!IIH,,;i|if 'Ivflll IS ' i
ii I'1 iiiilil!111'1:!!1 ITi'i!
IK: 111" I ,•;« i J., tin ,
1 IsiK"1!!!]))!.'/!,,::: iliii
'I'liliFllijili11;. 1
ll":i[' I' i .mill, "I!: 4 '"
M5tPM'l,1S».
H iii HIM:' '« '' i , ' ' IE , ilia B" '
' I ..... I* ''ill- ' ..... -I " iill'liiilt
iiiHiu , M :i ..... L " : ..... : ..... 1 1 JO1 1 ' iii
CAS No.
74-86-2
74-89-5
74-98-6
74-93-7
75-00-3
75-04-7
75-19-4
75-28-5
75-29-6 „ „.
75-31-0 .... .... .
75-35—4
75-37-6
75-38-7
;|§f;££SI£
"TB^-T^S .mIIZ.™«Zl.
iii^i i^^-^g • ,
|liUij^i™g|.,^JM. " "'" ''
,196-39-0
,,107-00-6 . «
r 107-01— 7 «•—'•*
;' '1 07-25-5
109-66-0
109-67—1 «...
109-92-2 ....... .
109-95-5 »,..„,
115-07—1
f 115-10-6 .. .
115-11-7
11 6—14—3
'"Sg^r^'o^s l!"
iiiig'^V--™" •"» • i '''''•''" •
^gg^gg^Q1 ^ '
463-53—1
T33&3^1 '«"«I1~«.!!
504-60-9 ...... ........
557-96-2 ............
563-45—1
563-46-2 ..„«..........„
590-1 8—1 ............
500-21-6
590-73-2
$24-64-6
627-20-3
646-04-8
689-97—4 ... ...........
J||ta|i]h,yigiiiiiigi«i,« mi .ILL ,
"7803-62-5
.iii^lfc&l ......a,.....,,
Chemical name
Ethyl chloride [Ethane chlorc-J
Vinyl chloride [Ethene chloro-]
Acotaldehvde
Cyclop ro pane
Vinyitdene chloride [Ethene 1 1 -dichloro-]
lifinyiidm fluoride [Ethene, 1,1-dffliJoro-J
Trimethytemine [Methanamine, N, N-dimethyl-J ......
Tet ram ethyisi lane [Silane, tetramethyl-]
Ethvl acetvlene n-Butvnel .... ...
2-Butene .
Methyl formate [Formic acid, methyl ester]
1-Pentene
Vinyl ethyl ether [Ethene ethoxy-]
Ethyl nitrite [Nitrous acid, ethyl ester]
Methyl ether [Methane oxybis-]
2-Methylpropene [1-Propene, 2-methyl-]
Propadiene [1,2-PropadiBne]
3-MethyM -butene
2-Pentene, (E)-
Hydrogen
Slfihe"™.!."...'..™' .....1Z..™!......™...™.......™;.........;.™
Trichiorosilane [Siiane,trichloro-]
CAS No.
74-86-2
74-89-5
74-98-6
74-99-7
75-00-3
75-01-4
75-02-5
75-04-7
75-07-0
75-08-1
75-19-4
75-28-5
75-29-6
75-31-0
75-35-4
75-37-6
75-38-7
75-50-3
75-76-3
78-78-4
78-79-5
79-38-9
106-97-8
106-98-9
106-99-0
107-00-6
107-01-7
107-25-5
107-31-3
109-66-0
109-67-1
109-92-2
109-95-5
115-07—1
115-10-6
115-11-7
1 16-14-3
124-40-3
460-19-5
463-49-0
463-58-1
463-82-1
504-60-9
557-98-2
563-45-1
563-46-2
590-18-1
590-21-6
598—73-2
624-64-6
627-20-3
646-04-8
689-97-4
1333-74-0
4109-96-0
7791-21-1
7803-62-5
10025-78-2
25167-67-3
Threshold
quantity
(Ibs)
10,000
10,000
10000
10000
10000
10000
10,000
10,000
10,000
10,000
1 0,000
loooo
10,000
10,000
10000
1 0,000
10,000
10,000
10,000
10,000
10,000
10,000
10,000
10000
10000
10000
10,000
10000
10,000
10000
10,000
10,000
10,000
10000
10,000
10,000
10000
10,000
10,000
10,000
10 000
1 0,000
10,000
1 0,000
10 000
1 0,000
1 0,000
10 000
•JO 000
loooo
10000
•jo.ooo
1'ojooo
loooo"
10 000
• 0,000
• 0,000
10,000
Basis for
listing
f
f
f
f
f
a, f
f
f
g
g
f
f
g
g
f
f
f
g
g
f
f
f
f
f
f
g
g
f
f
f
f
f
f
f
f
f
f
f
g
f
g
f
f
f"
g
f
f
f
f
J "
*." . ,;
. ,
........ ...... v''*-; ' " ...... ..... ' ...... '•
-— [59 FR 4493, Jan. 31, 1994.
•" ........................... kg! ..... '25. ...... 1997: 63 FR 645': ..... J
Mandated for listing by dongress. i Flammable gas. g Volatile flammable liquid.
mnipii1 ,! • ±11 ...... win . mi cnuiih anil w1 'ii^ ..... inilv11' r r 11 ini ...... 'i:. : :: "f 'iKiii v. ., » iiiiii! j m f
Redesignated at 61 FR 31717, June 20, 1996, as amended at 62 FR 45132,
- ' ' "
II III III II II
(ill
63
illiIll h
-------
§68.150
40 CFR Ch. I (7-1-99 Edition)
Subpart G—Risk Management
Plan
SOURCE: 61 FR 31726, June 20, 1996, unless
otherwise noted.
§68.150 Submission.
(a) The owner or operator shall sub-
mit a single RMP that includes the in-
formation required by §§68.155 through
68.185 for all covered processes. The
RMP shall be submitted in a method
and format to a central point as speci-
fied by EPA prior to June 21, 1999.
(b) The owner or operator shall sub-
mit the first RMP no later than the
latest of the following dates:
(1) June 21, 1999;
(2) Three years after the date on
which a regulated substance is first
listed under §68.130; or
(3) The date on which a regulated
substance is first present above a
threshold quantity in a process.
(c) Subsequent submissions of RMPs
shall be in accordance with §68.190.
(d) Notwithstanding the provisions of
§§68.155 to 68.190, the RMP shall ex-
clude classified information. Subject to
appropriate procedures to protect such
information from public disclosure,
classified data or information excluded
from the RMP may be made available
in a classified annex to the RMP for re-
view by Federal and state representa-
tives who have received the appro-
priate security clearances.
(e) Procedures for asserting that in-
formation submitted in the RMP is en-
titled to protection as confidential
business information are set forth in
§§68.151 and 68.152.
[61 FR 31726, June 20, 1996, as amended at 64
FR 979, Jan. 6, 1999]
§68.151 Assertion of claims of con-
fidential business information.
(a) Except as provided in paragraph
(b) of this section, an owner or oper-
ator of a stationary source required to
report or otherwise provide informa-
tion under this part may make a claim
of confidential business information
for any such information that meets
the criteria set forth in 40 CFR 2.301.
(b) Notwithstanding the provisions of
40 CFR part 2, an owner or operator of
a stationary source subject to this part
may not claim as confidential business
information the following information:
(1) Registration data required by
§68.160(b)(l) through (b)(6) and (b)(8),
(b)(10) through (b)(13) and NAICS code
and Program level of the process set
forthin§68.160(b)(7);
(2) Offsite consequence analysis data
required by § 68.165 (b) (4), (b)(9), (b)(10),
(b)(11), and (b)(12).
(3) Accident history data required by
§68.168;
(4) Prevention program data required
by §68.170(b), (d), (e)(l), (f) through (k);
(5) Prevention program data required
by §68.175(b), (d), (e)(l), (f) through (p);
and
(6) Emergency response program data
required by §68.180.
(c) Notwithstanding the procedures
specified in 40 CFR part 2, an owner or
operator asserting a claim of CBI with
respect to information contained in its
RMP, shall submit to EPA at the time
it submits the RMP the following:
(1) The information claimed con-
fidential, provided in a format to be
specified by EPA;
(2) A sanitized (redacted) copy of the
RMP, with the notation "CBI" sub-
stituted for the information claimed
confidential, except that a generic cat-
egory or class name shall be sub-
stituted for any chemical name or
identity claimed confidential; and
(3) The document or documents sub-
stantiating each claim of confidential
business information, as described in
§68.152.
[64 FR 979, Jan. 6, 1999]
§68.152 Substantiating claims of con-
fidential business information.
(a) An owner or operator claiming
that information is confidential busi-
ness information must substantiate
that claim by providing documentation
that demonstrates that the claim
meets the substantive criteria set forth
in 40 CFR 2.301.
(b) Information that is submitted as
part of the substantiation may be
claimed confidential by marking it as
confidential business information. In-
formation not so marked will be treat-
ed as public and may be disclosed with-
out notice to the submitter. If informa-
tion that is submitted as part of the
substantiation is claimed confidential,
64
-------
iiilrl! mitt'.'Li1,.. Pll i»^^^^^
'f*K-r.''":f|2l*: '!;,' !&•':
ill f".1:;,',;"!''. , . .„ -
Suvibr flit'.'!;;!;,,' "f
,'1, '!,, .Illitjiij,,!'.:,! I i!. i'i'l "
I,: . i i; i,ii|.. yi'iiv;, AI.,,'.h i in i'l.; i '.'I'.ii'ii'.i1 .iiiiiu ' 'itI"!!!!!..!.... ' ,'.r:...1 .iii'miii'[iiiii.iiiiiini".1.!,'" LI.I .r .'"niiiiyirii.!!.!!..!!!!1:.: i',1 .iiiiiiiiiiii'""!!'!;...-'.i
|i... :1,."lll!1'lli,liil|..f"i:1!" 1". ...I ,l|l' ' ' ' I. > '" n I 'i J.1 ...I":.!.. I ..I'llllilTII'lllll illr:..1 I'll.... II .llllXIl I'lll"
1^ ;.||;,
Environmental Protection Agency
•re ..... sw ......
" ' " ' ' '
' V i ' ':!i!!:i ' !:i 4 ..... :i!i!|M^^^^^^ in< Wli!
^ ::^i ..... fi-'fjfl^^^^^^^^^^^^^
§68.165
illlH t
the .owner or operator must provide a
, .anunsanitized version of title
' ' ' ' ' ' '
_ ..... , __
(cj The owner, operator, or senior of-
• fi(4al with management responsibility
'' .....
i'cerfification that the signer has per-
jiSpnally examined the information sub-
initted arid that based on Inquiry of the
persons"who compiled the information,
liK^^^^^^^^^^^^^^^^^^^^ ,
f"WtaSii,
and that those portions of
..:- jjiiijf Jhe substantiation claimed as conH$|gn,-
riihj&al business information would, if dis-
'jiJS'eise^i reveal trade secrets or ...gther,,,
confidential business information.
164 FR 980. Jan. 6. 1999]
~ §,68;,!55 Executive summary.
The owner or operator shall provide
in the RMP an executive summary that
r;::::::-includes, a brief ...description of the fol-
Ibvyjing elements:
(a) The accidental release prevention
|'':;""aiid emergency response policies at the
I ""stationary source;
J^J; (b). The stationary source and regu-
"Slated substances handled;
(c| The worst-case release scenario(s)
i'^iL.and.the alternative release scenario(s),
including administrative controls and
mitigation measures to limit the dis-
i;;.~|,,tances,,,fpr eac,h,,reported scenario;
(d) The general accidental release
11, prevention program and chemical-spe-
^^J.fjg prevention steps;
(ej The five-year accident history;
; ';s7; (f) The emergency response program;
(g) Planned changes to improve safe-
''''I'lilllllll. 'Ill.. ill till!!1!"
•list!!! :i!;l"!i
llllli.; lljilllll! Ilill ill!' U'. „ 1", ilnlii I'llui 1 i If ,;,i jiin; „,!, lilli'il.; i !J| !, . all;''!!: 111' i ,„, 'i ii il'IT III.'..!.. I"! ;t !'i " 11,!!
§ 68.160 Registration.
(a) The owner or operator shall com-
ipiete a single registration form and in-
clude it in the RMP. The form shall
i cbve^ all regulated substances handled
in covered processes.
"i (b) The registration shall include the
following data:
(1) Stationary source name, street,
county, state, zip code, latitude
and longitude, method for obtaining
latitude and longitude, and description
of location that latitude and longitude
— (2) The stationary source Dun and
Bradstreet number;
65
(3) Name and Dun and Bradstreet
number of .the..cgrporate parent com-
"."pany;
(4) The name, telephone number, and
mailing address of the owner or oper-
ator;
(5) The name and title of the person
or position with overall responsibility
for RMP elements and implementation;
(6) The name, title, telephone num-
her,. ...and 24-hpur telephone number of
fne'einergency' £o"n"tact;
£Q For each covered process, the
'name an3 gAS number of each regu-
l lated substance .held above" the thresh-, „
old quantity in the process, the max-
imum quantity of each regulated sub-
stance or mixture in the process (in
pounds) to two significant digits, the
five- or six-digit NAICS code that most
closely corresponds to the process, and
the Program level of the process;
(8) The stationary source EPA identi-
fier;
(9) The number of full-time employ-
ees at the stationary source;
(10) Whether the stationary source is
subject to 29 CFR 1910.119;
(11) Whether the stationary source is
subject to 40 CFR part 355;
(12) If the stationary source has a
CAA Title V operating permit, the per-
mit number; and
(13) The date of the last safety in-
spection of the stationary source by a
Federal, state, or local government
agency and the identity of the inspect-
ing entity.
(14) Source or Parent Company E-
Mail Address (Optional);
(15) Source Homepage address (Op-
tional)
(16) Phone number at the source for
public inquiries (Optional);
(17) Local Emergency Planning Com-
mittee (Optional);
(18) OSHA Voluntary Protection Pro-
gram status (Optional);
[61 FR 31726, June 20, 1996, as amended at 64
FR 980. Jan. 6, 1999]
§ 68.16S Offsite consequence analysis.
(a) The owner or operator shall sub-
mit in the RMP information:
(1) One worst-case release scenario
..for;each...Program 1 process; and
(2) For Program 2 and 3 processes,
one worst-case release scenario to rep-
resentall regulated toxic substances
i
in HI n i in in i n 11111 HI 1111 i|iiiiiiii||iiii in n i ii iii 111 q i iiiiii|ii I • i ii 111
-------
§68.168
40 CFR Ch. I (7-1-99 Edition)
held above the threshold quantity and
one worst-case release scenario to rep-
resent all regulated flammable sub-
stances held above the threshold quan-
tity. If additional worst-case scenarios
for toxics or flammables are required
by §68.25(a)(2)(iii), the owner or oper-
ator shall submit the same information
on the additional scenario(s). The
owner or operator of Program 2 and 3
processes shall also submit information
on one alternative release scenario for
each regulated toxic substance held
above the threshold quantity and one
alternative release scenario to rep-
resent all regulated flammable sub-
stances held above the threshold quan-
tity.
(b) The owner or operator shall sub-
mit the following data:
(1) Chemical name;
(2) Percentage weight of the chemical
in a liquid mixture (toxics only);
(3) Physical state (toxics only);
(4) Basis of results (give model name
if used);
(5) Scenario (explosion, fire, toxic gas
release, or liquid spill and evapo-
ration);
(6) Quantity released in pounds;
(7) Release rate;
(8) Release duration;
(9) Wind speed and atmospheric sta-
bility class (toxics only);
(10) Topography (toxics only);
(11) Distance to endpoint;
(12) Public and environmental recep-
tors within the distance;
(13) Passive mitigation considered;
and
(14) Active mitigation considered (al-
ternative releases only);
[61 FR 31726, June ZO, 1996, as amended at 64
FR 980, Jan. 6, 1999]
§ 68.168 Five-year accident history.
The owner or operator shall submit
in the RMP the information provided
in §68.42(b) on each accident covered by
§68.42(a).
§ 68.170 Prevention program/Program
2.
(a) For each Program 2 process, the
owner or operator shall provide in the
RMP the information indicated in
paragraphs (b) through (k) of this sec-
tion. If the same information applies to
more than one covered process, the
owner or operator may provide the in-
formation only once, but shall indicate
to which processes the information ap-
plies.
(b) The five- or six-digit NAICS code
that most closely corresponds to the
process.
(c) The name(s) of the chemical (s)
covered.
(d) The date of the most recent re-
view or revision of the safety informa-
tion and a list of Federal or state regu-
lations or industry-specific design
codes and standards used to dem-
onstrate compliance with the safety in-
formation requirement.
(e) The date of completion of the
most recent hazard review or update.
(1) The expected date of completion
of any changes resulting from the haz-
ard review;
(2) Major hazards identified;
(3) Process controls in use;
(4) Mitigation systems in use;
(5) Monitoring and detection systems
in use; and
(6) Changes since the last hazard re-
view.
(f) The date of the most recent review
or revision of operating procedures.
(g) The date of the most recent re-
view or revision of training programs;
(1) The type of training provided—
classroom, classroom plus on the job,
on the job; and
(2) The type of competency testing
used.
(h) The date of the most recent re-
view or revision of maintenance proce-
dures and the date of the most recent
equipment inspection or test and the
equipment inspected or tested.
(i) The date of the most recent com-
pliance audit and the expected date of
completion of any changes resulting
from the compliance audit.
(j) The date of the most recent inci-
dent investigation and the expected
date of completion of any changes re-
sulting from the investigation.
(k) The date of the most recent
change that triggered a review or revi-
sion of safety information, the hazard
review, operating or maintenance pro-
cedures, or training.
[61 FR 31726, June 20, 1996, as amended at 64
FR 980, Jan. 6, 1999]
66
-------
"J "" ' ' l!"'!'' !' ' "'" ''' :' '!l!l!!!'!!!l ' "!!"!'" '' ' ' '' I11"1"1''!!!'" ""!!'!l I!I!L!I I ' ' ''T '" j'!!ll'!!l *!' ' lll!!!l' ' ' "' '' " ' ' '!"' '!
ftK;«imJ SiaVw^Sff'if11 • *;'''iii'
iiiiiiiii>iiiL;i:iiiiiiiiiir4iiiiiii 'i, wi ii» s.h i i i:, i .in11, i',, jiiim 'Jiiisa piiiiii^
Litl'l1'1,,;!1!1!!, Vi, Ji'lii" 'I'i Wiili'li11' ilii'Mi'ilili"'! Illiii'ill" ' pilifi'lillili'iT iUIHIIIIlli"! Wlilllt'riB
I II II II II II III III Illlllll 111 III I
in n i iiiiiiiii ii (ill iiiiiii
II Illlllll Illlllll ll'llll
Environmental Protection Agency
iillllllli 'I 'III1 1 "'I'll' I
llllill
Prevention program/Program
§68.175
'nil In 1 3.
(a) For each Program 3 process, the
owner or operator shall provide the in-
indicatgd in paragraphs (b)
of this section. If the same
applies
•iii:tiii:!i iiti i''lift
lK^^^^
liFtM^ "'
llllill I liiiillll ill 1111
nr"pf"Svide Hie ^
! once, but shall indicate to which proc-
esses the information applies.
(b) The five- or six-digit NAICS code
that most closely corresponds to the
process.
(c) The name(s) of the substance(s)
! .III!" covered.
(d) The date on which the safety in-
formation was last reviewed or revised.
(e) The date of completion of the
most recent PHA or update and the
technique used.
(1) The expected date of completion
of any changes resulting from the PHA;
(2) Major hazards identified;
(3) Process controls jn use;
(4) Mitigation systems in use;
(5) Monitoring and detection systems
in use; and
(6) Changes since the last pi|^_
(f) The date of the most recent review
or revision of operating procedures.
| ill,,,,,, (g) The date of the most recent re-
view or revision oTtraiHing'p'ro'grams;
(1) The type of training provided—
classroom, classroom plus on the job,
on thejob; and
(2) The type of competency testing
used.
(h) The date of .the most recent re:
"Wew or revision of maintenance proce-
dures and the date of the,most recent
equipment inspection or test and the
equipment inspected or tested.
(i) The date of the most recent
change that triggered management of
change procedures and the date of the
most recent review or revision of man-
;ement of change procedures.
'" The date of the most recent pre-
"ip'review.
Thg date of the most recent com-
pliance audit and the expected date of
completion of any changes resulting
m^onj the compliance audit;
::: ;: 0) The date of the most recent inci-
Sjenj: investigation and the expected
date of completion of any changes re-
is suiting from the investigation;
§68.185
67
(m) The date of the most recent re-
view or revision of employee participa-
tion plans;
(n) The date of the most recent re-
view or revision of hot work permit
procedures;
(o) The date of the most recent re-
view or revision of contractor safety
procedures; and
(p) The date of the most recent eval-
uation of contractor safety perform-
ance.
[61 FR 31726, June 20, 1996, as amended at 64
FR 980, Jan. 6, 1999]
§ 68.180 Emergency response program.
(a) The owner or operator shall pro-
vide in the RMP the following informa-
tion:
(1) Do you have a written emergency
response plan?
(2) Does the plan include specific ac-
tions to be taken in response to an ac-
cidental releases of a regulated sub-
itaiice?
(3) Does the plan include procedures
for informing the public and local
agencies responsible for responding to
accidental releases?
(4) Does the plan include information
on emergency health care?
(5) The date of the most recent re-
view or update of the emergency re-
sponse plan;
(6) The date of the most recent emer-
gency response training for employees.
(b) The owner or operator shall pro-
vide the name and telephone number of
the local agency with which emergency
response activities and the emergency
response plan is coordinated.
(c) The owner or operator shall list
other Federal or state emergency plan
requirements to which the stationary
source is subject.
[61 FR 31726, June 20, 1996, as amended at 64
FR 980, Jan. 6, 1999]
§68.185 Certification.
(a) For Program 1 processes, the
owner or operator shall submit in the
RMP the certification statement pro-
vided in §68.12(b)(4).
(b) For all other covered processes,
the owner or operator shall submit in
the RMP a single certification that, to
T!. Sll'i,;1:'!"1!!1:" ,;:':£I!IS' .JlZiS: '!', '" rBSST.'lL!" ••..• " "I1:1.."!!'!.:"!'!":1"
11 I'll" I'lElf -in:
H ..... I1'1"!1!-!:1!'! ...... I fill:'.; ..... IFS1' Hl!;
i ,,'SC i .«""!'!! 'Lit;
jliiLliiilli : IXi ..(".unlit Mill!, ?i*,'i:,'':«'•;'1'jlb!! it< ,ii:
III
i a :*',r .ijispi; i
;:ii!'lii I
ilBI'lll
-------
§68.190
40 CFR Ch. I (7-1-99 Edition)
the best of the signer's knowledge, in-
formation, and belief formed after rea-
sonable inquiry, the information sub-
mitted is true, accurate, and complete.
§68.190 Updates.
(a) The owner or operator shall re-
view and update the RMP as specified
in paragraph (b) of this section and
submit it in a method and format to a
central point specified by EPA prior to
June 21, 1999.
(b) The owner or operator of a sta-
tionary source shall revise and update
the RMP submitted under §68.150 as
follows:
(1) Within five years of its initial sub-
mission or most recent update required
by paragraphs (b)(2) through (b)(7) of
this section, whichever is later.
(2) No later than three years after a
newly regulated substance is first list-
ed by EPA;
(3) No later than the date on which a
new regulated substance is first
present in an already covered process
above a threshold quantity;
(4) No later than the date on which a
regulated substance is first present
above a threshold quantity in a new
process;
(5) Within six months of a change
that requires a revised PHA or hazard
review;
(6) Within six months of a change
that requires a revised offsite con-
sequence analysis as provided in §68.36;
and
(7) Within six months of a change
that alters the Program level that ap-
plied to any covered process.
(c) If a stationary source is no longer
subject to this part, the owner or oper-
ator shall submit a revised registration
to EPA within six months indicating
that the stationary source is no longer
covered.
Subpart H—Other Requirements
SOURCE: 61 FR 31728. June 20, 1996, unless
otherwise noted.
§ 68.200 Recordkeeping.
The owner or operator shall maintain
records supporting the implementation
of this part for five years unless other-
wise provided in subpart D of this part.
§68.210 Availability of information to
the public.
(a) The RMP required under subpart
G of this part shall be available to the
public under 42 U.S.C. 7414(c).
(b) The disclosure of classified infor-
mation by the Department of Defense
or other Federal agencies or contrac-
tors of such agencies shall be con-
trolled by applicable laws, regulations,
or executive orders concerning the re-
lease of classified information.
§68.215 Permit content and air per-
mitting authority or designated
agency requirements.
(a) These requirements apply to any
stationary source subject to this part
68 and parts 70. or 71 of this chapter.
The 40 CFR part 70 or part 71 permit for
the stationary source shall contain:
(1) A statement listing this part as
an applicable requirement;
(2) Conditions that require the source
owner or operator to submit:
(i) A compliance schedule" for meet-
ing the requirements of this part by
the date provided in §68.10(a) or;
(ii) As part of the compliance certifi-
cation submitted under 40 CFR
70.6(c)(5), a certification statement
that the source is in compliance with
all requirements of this part, including
the registration and submission of the
RMP.
(b) The owner or operator shall sub-
mit any additional relevant informa-
tion requested by the air permitting
authority or designated agency.
(c) For 40 CFR part 70 or part 71 per-
mits issued prior to the deadline for
registering and submitting the RMP
and which do not contain permit condi-
tions described in paragraph (a) of this
section, the owner or operator or air
permitting authority shall initiate per-
mit revision or reopening according to
the procedures of 40 CFR 70.7 or 71.7 to
incorporate the terms and conditions
consistent with paragraph (a) of this
section.
(d) The state may delegate the au-
thority to implement and enforce the
requirements of paragraph (e) of this
section to a state or local agency or
agencies other than the air permitting
authority. An up-to-date copy of any
delegation instrument shall be main-
tained by the air permitting authority.
68
-------
•I "'P'llihllllll' ii',,,1 I " IS, i. i'1'" '•'', lill'lll '!' '"• '!., '' < I I11 I" i '41 I1'' '' ,',<,'' f ' ', Bfillll ' I' ,! ''I1 Jll'"'!'''
•I! i . r, |l|l||||i'|il|||||||l|' 'IT,;,, i1 , in," * ,, i'i"|lii|,ii|i'i"" Niillii Jl'il'1" „ ', ,ill '|| ,,i 'lllll ill Uill'1'„ ,ir :.'!'. ', ,, 'ill" '''"l|l||i,l'lll!,,,'i'i''i' f 'I 'I "''h
'! ...... ,,,! ,iill'l!,,l '• ........ «'» I1 ..... ll|,,'"l' 1 ,! ........ 1- ......... Ill ...... } ..... III!
j|jlS;:;;|, "',,,,], ;,„,;,";;„! .ii!,',,,!"' tii1,,,!;!,,"!'"' M,,',! ,"" «,,,,!• "»iiu! ii'<.!;,sectipn as appropriate.
; ilijiiliB^^^^^^^^^^^^ ill fe
fa) In addition to inspections for the
purpose of regulatory development and
iii.enfo.rcement of, the Act, the imple-
menting agency shall periodically
audit RMPs submitted under subpart G
" ig part to review the adequacy of
_ RMPg .and require revisions of
2s when necessary to ensure com-
i>iui£liance with sufapart G of this part.
(b) The implementing agency shall
select stationary sources for audits
based on any of the following criteria:
(1) Accident history of the stationary
. , . .. ...................................
(2) Accident history of other sta-
tionary sources in the same industry;
i',, (3) (Quantity of regulated substances
e^gfifgE'tfie stationary source;
i' (4) Location of the stationary source
..... Slid ite proximity to the public and en-
yjj-onni ehtal ..... receptors;
,P,€e.s,e,n,c.e, °I specific regulated
[[[
" iFiilii'
If, lillllJilllllirlllillillT
The '
and
identfied in
:;; ...................... ; (7) A plan providing for neutral, ran-
™;"'dom oversight.
69
(c) Exemption from audits. A sta-
tionary source with a Star or Merit
ranking under OSHA's voluntary pro-
tection program shall be exempt from
audits under paragraph (b)(2) and (b)(7)
of this section.
(d) The implementing agency shall
have access to the stationary source,
supporting documentation, and any
area where an accidental release could
occur.
(e) Based on the audit, the imple-
menting agency may issue the owner
or operator of a stationary source a
written preliminary determination of
necessary revisions to the stationary-
source's RMP to ensure that the RMP
meets the criteria of subpart G of this
part. The preliminary determination
shall include an explanation for the
basis for the revisions, reflecting indus-
try standards and guidelines (such as
AIChE/CCPS guidelines and ASME and
API standards) to the extent that such
standards and guidelines are applica-
ble, and shall include a timetable for
their implementation.
(f) Written response to a preliminary de-
termination. (1) The owner or operator
shall respond in writing to a prelimi-
nary determination made in accord-
ance with paragraph (e) of this section.
The response shall state the owner or
operator will implement the revisions
contained in the preliminary deter-
mination in accordance with the time-
table included in the preliminary de-
termination or shall state that the
owner or operator rejects the revisions
in whole or in part. For each rejected
revision, the owner or operator shall
explain the basis for rejecting such re-
vision. Such explanation may include
substitute revisions.
(2) The written response under para-
graph (f)(l) of this section shall be re-
ceived by the implementing agency
within 90 days of the issue of the pre-
liminary determination or a shorter
period of time as the implementing
agency specifies in the preliminary de-
termination as necessary to protect
public health and the environment.
Prior to the written response being due
and upon written request from the
owner or operator, the implementing
agency may provide in writing addi-
tional time for the response to be re-
ceived.
• IB Illllli, i I Bill liil •ill Ill IIIIBIB ill I ii I
I"',,niili IlliiC''!'!!'!!!!,,,1,'!!,,!!'' „ n'liii' .hi'1!;','!!,'"i
-------
§68.220
(g) After providing the owner or oper-
ator an opportunity to respond under
paragraph (f) of this section, the imple-
menting agency may issue the owner
or operator a written final determina-
tion of necessary revisions to the sta-
tionary source's RMP. The final deter-
mination may adopt or modify the re-
visions contained in the preliminary
determination under paragraph (e) of
this section or may adopt or modify
the substitute revisions provided in the
response under paragraph (f) of this
section. A final determination that
adopts a revision rejected by the owner
or operator shall include an expla-
nation of the basis for the revision. A
final determination that fails to adopt
a substitute revision provided under
paragraph (f) of this section shall in-
clude an explanation of the basis for
finding such substitute revision unrea-
sonable.
40 CFR Ch. I (7-1-99 Edition)
(h) Thirty days after completion of
the actions detailed in the implemen-
tation schedule set in the final deter-
mination under paragraph (g) of this
section, the owner or operator shall be
in violation of subpart G of this part
and this section unless the owner or
operator revises the RMP prepared
under subpart G of this part as required
by the final determination, and sub-
mits the revised RMP as required
under §68.150.
(i) The public shall have access to the
preliminary determinations, responses,
and final determinations under this
section in a manner consistent with
§68.210.
(j) Nothing in this section shall pre-
clude, limit, or interfere in any way
with the authority of EPA or the state
to exercise its enforcement, investiga-
tory, and information gathering au-
thorities concerning this part under
the Act.
70
-------
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Federal Register/Vol. 65, No. 49/Monday, March 13, 2000/Rules and Regulations
13243
finding that notice and public procedure
is impracticable, unnecessary or
contrary to the public interest. This
determination must be supported by a
brief statement (5 U.S.C. 808(2)).
As stated previously, we have made
such a good cause finding, including the
reasons therefore, and established an
effective date of March. 13, 2000. The
EPA will submit a report containing this
rule and other required information to
the U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a "major
rule" as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Fart 60
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Nitrogen oxides,
Recordkeeping and reporting
requirements.
Dated: March 2, 2000.
Robert Perciasepe,
Assistant Administrator, Office of Air and
Radiation.
For the reasons set out in the
preamble, title 40, chapter I, part 60, of
the Code of Federal Regulations is
amended as follows:
PART 60—[AMENDED]
1. The authority citation for part 60
continues to read as follows:
Authority: 42 U.S.C. 7401-7601.
Subpart Db—Standards of
Performance for Industrial-
Corn mercial-lnstitutional Steam
Generating Units
2. Section 60.49b is amended by
revising paragraph (s) and adding
paragraph (w) to read as follows:
§60.49b Reporting and recordkeeping
requirements.
*****
(s) Facility specific nitrogen oxides
standard for Cytec Industries Fortier
Plant's C.AOG incinerator located in
Westwegp, Louisiana:
(1) Definitions.
Oxidation zone is defined as the
portion of the C.AOG incinerator that
extends from the inlet of the oxidizing
zone combustion air to the outlet gas
stack.
Reducing zone is defined as the
portion of the C.AOG incinerator that
extends from the burner section to the
inlet of the oxidizing zone combustion
air.
Total inlet air is defined as the total
amount of air introduced into the
C.AOG incinerator for combustion of
natural gas and chemical by-product
waste and is equal to the sum of the air
flow into the reducing zone and the air
flow into the oxidation zone.
(2) Standard for nitrogen oxides, (i)
When fossil fuel alone is combusted, the
nitrogen oxides emission limit for fossil
fuel in § 60.44b(a) applies.
(ii) When natural gas and chemical
by-product waste are simultaneously
combusted, the nitrogen oxides
emission limit is 289 ng/J (0.67 lb/
million Btu) and a maximum of 81
percent of the total inlet air provided for
combustion shall be provided to the
reducing zone of the C.AOG incinerator.
(3) Emission monitoring, (i) The
percent of total inlet air provided to the
reducing zone shall be determined at
least every 15 minutes by measuring the
air flow of all the air entering the
reducing zone and the air flow of all the
air entering the oxidation zone, and
compliance with the percentage of total
inlet air that is provided to the reducing
zone shall be determined on a 3-hour
average basis.
(ii) The nitrogen oxides emission limit
shall be determined by the compliance
and performance test methods and
procedures for nitrogen oxides hi
§60.46b(i).
(iii) The monitoring of the nitrogen
oxides emission limit shall be
performed in accordance with § 60.48b.
(4) Reporting and recordkeeping
requirements, (i) The owner or operator
of the C.AOG incinerator shall submit a
report on any excursions from the limits
required by paragraph (a)(2) of this
section to the Administrator with the
quarterly report required by paragraph
(i) of this section.
(ii) The owner or operator of the
C.AOG incinerator shall keep records of
the monitoring required by paragraph
(a) (3) of this section for a period of 2
years following the date of such record.
(iii) The owner of operator of the
C.AOG incinerator shall perform all the
applicable reporting and recordkeeping
requirements of this section.
*****
(w) The reporting period for the
reports required under this subpart is
each 6 month period. All reports shall
be submitted to the Administrator and
shall be postmarked by the 30th day
following the end of the reporting
period.
[FR Doc. 00-5797 Filed 3-10-00; 8:45 am]
BILLING CODE 6560-50-P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 68
[FRL-6550-1]
RIN 2050-AE74
Amendments to the List of Regulated
Substances and Thresholds for
Accidental Release Prevention;
Flammable Substances Used as Fuel
or Held for Sale as Fuel at Retail
Facilities
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: EPA is modifying its chemical
accident prevention regulations to
conform to the fuels provision of the
recently enacted Chemical Safety
Information, Site Security and Fuels
Regulatory Relief Act (Pub. L. 106-40).
In accordance with the new law, today's
rule revises the list of regulated
flammable substances to exclude those
substances when used as a fuel or held
for sale as a fuel at a retail facility. EPA
is also announcing there will be no
further action on a previous proposal
concerning flammable substances, since
the new law resolves the issue
addressed by the proposal.
DATES: Effective March 13, 2000.
ADDRESSES: Docket. Supporting material
used in developing the final rule is
contained in Docket No. A-99-36. The
docket is available for public inspection
and copying between 8:00 am and 5:30
pm, Monday through Friday (except
government holidays) at EPA's Air
Docket, Room 1500, Waterside Mall, 401
M Street, SW, Washington, DC 20460;
phone number: 202-260-7548. A
reasonable fee may be charged for
copying.
FOR FURTHER INFORMATION CONTACT:
Breeda Reilly, Chemical Emergency
Preparedness and Prevention Office,
Environmental Protection Agency, Ariel
Rios Building, 1200 Pennsylvania Ave,
NW (5104), Washington, DC 20460,
(202) 260-0716.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction and Background
A..Statutory Authority
B. Background on Chemical Accident
Prevention Regulations
II. Discussion of Modification
A. Affected Substances
B. Use or Sale as a Fuel
in. Previous Actions Related to Fuels
A. Previous Proposed Rule and
Administrative Stay
B. Litigation and Court Stay
IV. RMP's Submitted Prior to Today's Action
-------
iV^
, Si l!lii!«< V In! ..... ili'lUlli1',
il, >'<: Hil,:1 J.ilriiCli11 jinil!;'
i,: :i:>ifi iiiiillHiiyiliii
il'il:1'!,:1:1!' 'iiii! '"I'l'il'il "mi
?5,,No., 49/Monday, March 13, 2000/Rules and Regulations
II in i ii 1 1 ill iiiiiiiH iiiiiiiiiii in 1 UN 1 1 1 in I
iiaqnale for Issuance of Rule Without
VL Summary of Revisions to Rule
VIL Administrative Requirements
A, DocSet
" B, Executive Order 12866
' C. Executive Order 13045
D, Executive Order 13084
E, Executive Order 13132
F. Regulatory Flexibility Act (RFA), as
*%.' WlilSsiPy ^ Small Business
lillli IjiSit iSgulSoiry Enforcement Fairness Act of
" ................... ,IS8U^MA), 5U.S.C. 601 etseq.
. ^|apenvbr£ Reduction Act
H. Onfunded Mandates Reform Act
1. National Technology Transfer and
Advancement Act
J. Congressional Review Act
I. Introduction and Background
II III I 1111 II II 111 111 IIIIIIIIIII Illllllllllllllllllllllllll 1111111 I II Mill
A Statutory Authority
This rule is being issued under
lull if
(CAA) as amended by the Chemical
Safety Information, Site Security and
Fuels Regulatory Relief Act (the Act),
which President Clinton signed into law
on August 5,1999. Section 2 of the Act
imme.gja|gly removed EPA's authority
to "Hs£a,flamma,ljlg substance.when
used as a fuel or held for sale as a fuel
at a retail facility * * * solely because
of the explosive or flammable properties
of the substance,, unless, a,,fire,or ,;
explosion caused'by the substance will
result in acute adverse health effects
from human exposure to the substance,
including the unburned fuel or its
combustion byproducts, other than
those caused by the heat of the fire or
impact of the explosion."
The Acfjefinei^retail facility" as "a
stationary source' af'which more than
y^'f'fi'U i!!111 one-half of the income is obtained from
direct sales to end users or at which
more than one-half of the fuel sold, by
volume, is sold through a cylinder
exchange program."
B, Background on Chemical Accident
Prevention Regulations
CAA section 112(r) contains
requirements for the prevention and
mitigation of accidental chemical
releases. The focus is on those
chemicals that pose the greatest risk to
public health and the environment in
the event of an accidental release.
; ,,„ , Ss£ti°S I12(r)(3) mandates that EPA
identify ai least 100 such chemicals and
Fpfoinulgate a list of "regulated
; 112(r)(7) directs EPA to issue
regulations requiring stationary sources
that contain more than a threshold
quantity of a regulated substance to
111 Fvt:; |.! ^develop and implement a risk
'::: ' "'; '••"'"'"-•"Sanagenient program and submit a risk
II I II11|I III Ill Ml
EPA promulgated the initial list of
regulated substances on January 31,
1994 (59 FR 4478) (the "List Rule"). The
Agency identified two categories of
regulated substances—toxic and
flammable—and listed substances
accordingly. EPA included 77 chemicals
on the toxic substances list based on
each chemical's acute toxicity and
several other factors—the chemical's
physical state, physical/chemical
properties and accident history—
relevant to the likelihood that an
accidental release of the chemical
would lead to significant offsite
consequences. The Agency also placed
63 substances on the flammable
substanceslist, including vinyl
chloride, a substance mandated for
listing by Congress. EPA selected
chemicals for the flammable substances
list based on ,their,,,,fl,,ammabjility rating
and the other factors related to
likelihood of significant offsite
consequences.
'Of the originally listed substances, 14
met the criteria for both toxic and
flammable substances (arsine, cyanogen
chloride, diborane, ethylene oxide,
formaldehyde, furan, hydrocyanic acid,
hydrogen selenide, hydrogen sulfide,
methyl chloride, methyl mercaptan,
phosphine, propyleneimine, and
pfopylene oxide). EPA placed these 14
substances on only the toxic substances
list, because their toxicity poses the
greater threat to human health and the
environment.
Follo'wing promulgation of the List
Rule, EPA issued a rule establishing the
accidental release prevention
requirements on June 20,1996 (61 FR
31668) ("the RMP Rule"). Together
these rules are codified at 40 CFR part
68.
hi accordance with section 112(r)(7),
the RMP rule requires that any
stationary source with more than a
threshold quantity of a regulated
substance in a process develop and
implement a risk management program
and submit an RMP describing the
source's program as well as its five-year
accident history and potential offsite
consequences. The rule further provides
that RMPs be submitted by June 21,
1999 for sources with more than a
threshold quantity of a regulated
substance in a process by that date, or
within a specified time of the source
first exceeding the applicable threshold.
EPA has amendea the List and RMP
Rules several times. On August 25,1997
(62 FR 45132), EPA amended the List
Rule to change the listed concentration
of hydrochloric acid. On January 6,1998
(63 FR 640), EPA again amended the
List Rule to delist Division 1.1
explosives (classified by the Department
ll'll'illll'l "'.I'".!!''"'!!!'"'',"!!" "1,1; illl'l'l' !'!lln"!,!'l, III' I I'IT;' II:,' I, Till'! II ,1111,1, tfm ,11,, .Illlllllllllllli! L'l .& ,| dim, ,i'; , l"i
of Transportation (DOT)), to clarify
certain provisions related to regulated
flammable substances, and to clarify the
transportation exemption. EPA
amended the RMP Rule on January 6,
1999 (64 FR 964) to add several
mandatory and optional RMP data
elements, to establish procedures for
protecting confidential business
information, to adopt a new industry
classification system and to make
technical corrections and clarifications.
EPA also amended the RMP Rule on
May 26,1999 (64 FR 28696) to modify
the requirements for conducting worst
case release scenario analyses for
flammable substances and to clarify its
interpretation of CAA sections 112(1)
and 112(r)(ll) as they relate to DOT
requirements under the Federal
Hazardous Transportation Law.
n. Discussion of Modification
A. Affected Substances
The new Act provides that EPA shall
not list a flammable substance when
used as a fuel,1 or held for sale as a fuel
at a retail facility solely because of its
explosive or flammable properties,
except under certain circumstances. The
purpose of today's rule is to revise the
List Rule as needed to conform to the
Act.
As described above, the List Rule
currently contains two lists—one of
toxic substances and one of flammable
substances. The toxic substances list
contains those chemicals that meet the
criteria listing as toxic substances, even
if they also meet the criteria for listing
as flammable substances. Accordingly,
every chemical on the toxic substances
list was listed for its toxicity at least and
not solely because of its explosive or
flammable properties. The substances
on the toxics list are thus not affected
by the new Act.
The substances on the flammables
list, on the other hand, are listed
"solely" because they meet a certain
flammability rating, taking other risk
factors into account, hi deciding what
flammable substances to list, EPA
concentrated on those substances that
have the potential to result in significant
offsite consequences. Accidents
involving flammable substances may
lead to vapor cloud explosions, vapor
cloud fires, boiling liquid expanding
vapor explosions (BLEVEs), pool fires,
and jet fires, depending on the type of
substance involved and the
I'li'ti'i.'iiiiiiii,;11'!'1!"!'111!"1"""1;"!:''' n-,
1 EPA has received a number of questions as to
whether the fuel use exclusion is available only to
retail facilities. EPA believes that the statute and
legislative history are clear that the fuel use
exclusion is available to any facility that uses a
flammable substance as a fuel.
jjillil: i ii]*in is ii?
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.•'laf'Hii1 'ill '/"i! • 'wwt'iii
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Federal Register/Vol. 65, No. 49/Monday, March 13, 2000/Rules and Regulations
13245
circumstances of the accident.
Historically, flammable substance
accidents having significant offsite
impacts involved either vapor cloud
explosions at refineries and chemical
plants, or BLEVEs at sources storing
.large quantities of flammable
substances. Vapor cloud explosions
produce blast waves that potentially can
cause offsite damage and kill or injure
people. High overpressure levels can
cause death or injury as a direct result
of an a explosion; such effects generally
occur close to the site of an explosion.
People can also be killed or injured
because of indirect effects of the blast
(e.g., collapse of buildings, flying glass
or debris); these effects can occur farther
from the site of the blast.
By contrast, the effects of vapor cloud
fires, in which the vapor cloud burns
but does not explode, are limited
primarily to the area covered by the
burning cloud. BLEVEs, which generally
involve the rupture of a container, can
cause container fragments to be thrown
substantial distances; such fragments
have the potential to cause damage and
injury.
Thermal radiation is the primary
hazard of pool and jet fires. The
potential effects of thermal radiation
generally do not extend for as great a
distance as those of blast waves and are
related to the duration of exposure;
people at some distance from a fire
would likely be able to escape.
Based on this analysis and available
accident history data, the Agency
concluded that vapor cloud explosions
and BLEVEs pose the greatest potential
hazard from flammable substances to
the public and environment. For
piirpiisi-s of tho List Rule, EPA
i 'iiix.-ciji'MtU focused on those
i ::i-::;n .iis with the potential to result in
\.iini: i ioud explosions or BLEVEs in
thr rvi-nt of an accidental release. The;
Agency determined that chemicals
meeting the highest flammability rating
of the National Fire Protection Agency
(NFPA) had this potential and used that
rating as the principal criterion for
including chemicals on the flammable
substances list.
The other factors EPA considered in
listing flammable substances—physical
state, physical/chemical properties and
accident history—all relate to a
chemical's potential to be accidentally
released in a way that could lead to a
vapor cloud explosion or BLEVE. In
short, the Agency included chemicals
on the flammable substances list
"solely" because of their explosive
potential, a basis now disallowed by the
new Act for flammable substances when
used as a fuel or held for sale as a fuel
at a retail facility.
The new Act nevertheless allows EPA
to list a flammable substance when used
as a fuel, or held for sale as a fuel where
a fire or explosion caused by the
substance will result in acute adverse
health effects from human exposure to
the substance or its combustion
byproducts. EPA believes, however, that
no listed substances on the flammable
substances list is a candidate for this
exception. As noted above, flammable
substances that meet the listing criteria
for toxic substances are on the toxic
substances list only. Therefore, none of
the chemicals on the flammable
substances list will qualify for the
exception based on acute health effects
from exposure to the substance itself.
Further, combustion byproducts are
generally not relevant to listing
flammable substances. For
hydrocarbons, including the listed
flammable substances commonly used
as fuels, typical combustion products
include water vapor, carbon dioxide, ,
carbon monoxide, and relatively small
amounts of other oxidized inorganic
substances and do not meet the listing
criteria for toxic substances. Several
other listed flammable substances may
result in combustion byproducts that
meet the listing criteria for toxic
substances, but these substances are not
commonly used as fuels. Further, any
toxic combustion byproducts will be a
fraction of the total mass and not likely
to exceed the applicable threshold for
coverage by the RMP rule. Quantities
below the threshold are unlikely to have
significant offsite consequences.
For these reasons, EPA believes that
none of the listed flammable substances
moot the new statute's test for listing
fuels. Consequently, all of the listed
flammable substances are potentially
affected by the Act.
B. Use or Sale as a Fuel
The Act prohibits the listing of
flammable substances "when used as a
fuel or held for sale as a fuel at a retail
facility." In limiting EPA's authority to
list flammable substances used as a fuel,
or sold as a fuel at retail facilities,
Congress sought greater consistency
between the RMP program and the
Process Safety Management (PSM)
Standard implemented by the
Occupational Health and Safety
Administration (OSHA). OSHA's PSM
Standard is the workplace counterpart
of EPA's RMP program. PSM
requirements protect workers from
accidental releases of highly hazardous
substances in the workplace, while the
RMP rule protects the public and
environment from the offsite
consequences of those releases.
The PSM and RMP programs are
similar in many ways, covering mostly
the same chemicals. Establishments
subject to the PSM Standard must
comply with the prevention program
requirements which are the same as the
RMP rule's Program 3 requirements
(subpart D of the Part 68 regulations).
However, OSHA provides an exemption
from the PSM Standard for hydrocarbon
fuels used solely for workplace
consumption as a fuel (e.g., propane
used for comfort heating), if such fuels
are not part of a process containing
another highly hazardous chemical
covered by the standard. It also exempts
such substances when sold by retail
facilities.
The two prongs of the limitation on
EPA's authority to list flammable
substances (i.e., use as a fuel or held for
sale as a fuel by a retail facility) largely
follow the OSHA exemptions relating to
fuel. EPA will therefore look to OSHA
precedent and coordinate with OSHA in
interpreting and applying the
limitations to the extent they parallel
OSHA's exemptions. For example, the
new Act does not define the term
"fuel," but OSHA has given "fuel" its
ordinary meaning in applying the PSM
fuel-related exemptions. Webster's
Ninth New Collegiate Dictionary (1990)
defines fuel as "a material used to
produce heat or power by burning," and
EPA has no reason to believe that "fuel"
as used by the new Act should be
defined differently.
Using the ordinary meaning of fuel,
EPA reviewed the chemicals on its
flammable substances list to determine
which are used as fuel. Several of the
listed substances are typically used as
fuel, including propane, liquified
petroleum gas (propane and/or butane
often with small amounts of propylene
and butylene); hydrogen; and gaseous
natural gas (methane). EPA is aware of
the possibility of other flammable
substances being used as a fuel in
particular circumstances. The following
is a list of regulated flammable
substances that EPA believes have been
used as a fuel.
TABLE 1 .—LIST OF COMMON FUELS
Chemical name
Acetylene [Ethyne]
Butane
1-Butene
2-Butene
Butene
2-Butene-cis
2-Butene-trans [2-Butene, (E)]
Ethane
Ethylene [Ethene]
Hydrogen
CAS No.
74-86-2
106-97-8
106-98-9
107-01-7
25167-67-3
. 590-18-1
624-64-6
74-84-0
74-85-1
1333-74-0
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Federal Register/Vol. 65, No. 49/Monday, March 13, 2000/Rules and Regulations
ST OF COMMON FUELS
2-mShyl-]
Methane ...,..
Pentane
. I^Pentgne
-
2-Peniene, (Z)-
; Propane
Prapylane
CAS No.
75-28-5
78-78-4
74-82-8
109-66-0
109-67-1
646-04-8
627-20-3
74-98-6
115-07-1
"Xttiig same tungi all of the substances
....
. ..... of fuel.
, every listed flammable
cehas&e potential to be used
since it may be burned to create
| ps power. Consequently, the List
iw by deleting par3cul'ar"(£emicals
from the flammable substances list.
Instead, EPA has added a provision to
, Subpart F (listing regulated
" that excludes flammable
,=ii=, . whenjigedas afuelj orheld
for sale as a fuel at a retail facjjgf^ from
the list of regulated substances. The
~T """""Agency has also annotated both versions
''"ss ,srof the flammable substances list (one
version.lists the substances
ilphab"'Qt!caliy, tEe other by Chemical
, ,,, „ .Abstract Service (CAS) number) to
indicate that any flammable substance,
when used as a fuel, or held for sale as
iff facility, is excluded
..st~"rzi
mentioned, the Act
''retailfacility" as a stationary
'""--source at which more .than, one-half of
i*1' [he income is obtained from direct sales
ton end users or at which i more than one-
hall oft&e fueT sol<£ Ey "volume, is sold
through a cylinder exchange program.
The income test portion of the
definition follows the definition of
"retail facility" used by the OSHA in
enforcing its PSM Standard (OSHA
iDirective CPL2-2.45A CH-1-Process
Safety Management of Highly
Hazardous Chemicals—Compliance
Guidelines and Enforcement
Procedures): "an establishment that
would otherwise be subject to the PSM
ifiM^ iiiin _
RMP program, provided no other
exemption applies. EPA will
consequently coordinate its
interpretation and application of the
income test portion of the retail facility
definition with OSHA.
The second portion of the retail
facility definition—concerning cylinder
exchange programs—goes beyond that
developed by OSHA and so provides
greater relief than the OSHA retail
facility exemption. In general, cylinder
exchange programs represent a link
between major retailers (for example,
hardware stores, home centers and
convenience stores) and propane
distributors. The retailer typically
provides space outdoors and manages
transactions with end users such as
homeowners; the propane distributor
typically provides racks, filled
cylinders, promotional materials, and
training to the retailer's employees.
Propane distributors may have several
markets, including cylinder exchange;
temporary heat during construction;
commercial cooking, heating, and water
heating; fuel to power vehicles, forklifts,
and tractors; agricultural drying and
heating; and others.
For propane or other fuel distributors
which meet the definition of retail
facility through either direct sales to end
users or a cylinder exchange program,
the fuel they hold is no longer covered
by the KMP rule. For propane or other
fuel distributors that do not meet the
definition, the fuel they hold is not
exempted from the RMP rule by the new
law or today's action. EPA has added to
part 68 a definition of "retail facility"
that mirrors the statutory definition.
HI. Previous Actions ..Related fp,. Fuels
A. Previous Proposed Rule and
Administrative Stay
After promulgating the RMP rule, EPA
became aware that a significant number
of small, commercial sources use
regulated flammable substances,
particularly propane, as fuel in
quantities in excess of the applicable
threshold quantity (10,000 Ibs in a
process). As a result, these small
sources, including farms, restaurants,
hotels, and other commercial
operations,-were covered by the RMP
ilili'l I Ill
standard_at JflrihlcbinOTe. Aan_half_pf the requirements. Many of these sources are
ill • in
ill
income is obtained from direct sales to
end users."
The effect of the income test portion
of the new Act'sretail facility definition
Is to provide relief to the same facilities
that qualify for OSHA's retail facility
exemption, and conversely, to require
facilities that do not quality for OSHA's
^iggipg—_j|kug gjg subject to the
PSM program, to also be subject to the
in rural locations where accidental
releases..are less likely to have
significant offsite consequences. In light
of the purpose of section 112(r)—to
focus comprehensive accident
prevention requirements on the most
potentially dangerous sources—EPA
reexamined whether farms and other
small fuel users should be covered by
the RMP rule.
On May 28,1999, EPA issued a
proposed amendment to the List Rule to
create an exemption from threshold
quantity determinations for processes
containing 67,000 pounds or less of a
listed flammable hydrocarbon fuel (64
FR 29171). EPA estimated that the
proposed amendment, if promulgated,
would reduce the universe of regulated
sources from 69,485 to 50,300. At the
same time (64 FR 29167), EPA
published a temporary stay of the
effectiveness of the RMP rule for those
sources that would be exempted under
the proposal. This stay, which expired
on December 21,1999, was in addition
to, and did not affect, a stay of the rule
for propane processes entered by the
U.S. Court of Appeals for the B.C.
Circuit (See Litigation and Court Stay).
While EPA was seeking comment on
the proposed rule, Congress also studied
the fuel issue and considered ways to
provide regulatory relief to fuel users
and retailers. Congress was concerned
that the RMP rule placed a significant
regulatory burden on facilities that were
not previously covered by the OSHA
PSM Standard. Congress decided to
amend section 112(r) of the CAA to
remove EPA's authority to list any
flammable substance when used as a
fuel, or held for sale as a fuel at a retail
facility, except under specified
circumstances.
While the new law and EPA's
proposed rule and temporary stay all
offer regulatory relief with respect to
fuels, the new law reaches farther than
EPA's actions. The new law provides
relief for all fuels, not just hydrocarbon
fuels. It also removes fuels from the
RMP program regardless of the amount
a stationary source uses or holds for
retail sale, whereas EPA's proposal and
stay only affects sources having no more
than 67,000 Ibs of fuel in a process. The
new law does limit relief for fuel sellers
to fuel retailers, whereas EPA's stay
does not distinguish between types of
fuel sellers. However, EPA believes that
virtually no fuel wholesaler qualifies for
the Agency's stay because wholesalers
typically hold fuel in quantities far
greater than 67,000 Ibs. Even if a few
wholesalers would have benefitted from
EPA's proposed rule, the Agency
believes that Congress has addressed the
issue of how to provide regulatory relief
to fuel users and sellers, and that EPA
should thus implement Congress'
approach without making exceptions to
it.
Therefore, EPA is today withdrawing
the proposed rule as it takes final action
to amend the List Rule to conform to the
new law. As previously mentioned,
EPA's temporary stay of effectiveness
expired on December 21,1999.
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Federal Register /Vol. 65, No. 49/Monday, March 13, 2000/Rules and Regulations
13247
B. Litigation and Court Stay
Following promulgation of the RMP
rule in 1996, several petitions for
judicial review of the rule were filed,
including one by the National Propane
Gas Association (NPGA). At NPGA's
request, the U.S. Court of Appeals for
the District of Columbia Circuit entered
a temporary stay of the RMP rule as it
applies to propane (Chlorine Institute v.
Environmental Protection Agency, No.
96-1279, and consolidated cases (Nos.
96-1284, 96-1288, and 96-1290), Order
of April 27,1999). The judicial stay
meant that any stationary source, or
process at a stationary source, subject to
the RMP rule only by virtue of propane
was not subject to the RMP rule
requirements, including those calling
for a hazard assessment, accident
prevention program, emergency
response planning, and submission of
(or inclusion hi) an RMP by June 21,
1999.
On Jan. 5, 2000, the Court lifted its
temporary stay hi response to a joint
motion by EPA and NPGA to dismiss
the case and lift the stay. As of that date,
part 68, as revised by the Act, is in effect
with respect to any facility having more
than the 10,000 pounds of propane in a
process unless the facility uses the
propane as a fuel or sells the propane
as a retail facility. Facilities that use
propane in their manufacturing
processes or hold propane for purposes
other than on-site fuel use at a non-retail
facility must immediately come into
compliance with Section 112(r) of the
CAA.
IV. RMP's Submitted Prior to Today's
Action
EPA has received about 1,966 RMP's
that address one or more of the 19 listed
flammable substances that EPA has
identified as likely to be used as a fuel.
EPA cannot unilaterally delete any of
the RMP's submitted for flammable
substances from the RMP database,
however, because the determination of
whether a facility is eligible for the
exclusion is based on information
which is not reported to EPA, namely,
whether a facility uses the flammable
substance as a fuel or holds it for retail
sale. Instead, EPA plans to send a letter
to each of the 1,966 facilities to notify
them of the exclusion, to ask them to
evaluate then- eligibility for the
exclusion, and to describe the process
the facilities should use to request a
withdrawal of or to update these RMP's.
For about 950 of the 1,966 RMP's that
reported a potential flammable fuel,
only one chemical is reported. For these
cases, the facilities will be asked to
evaluate whether they qualify for the
exclusion based on use or retail sales. If
they determine that they do not qualify,
no further action is required. If they
determine that they do qualify, they
may request that EPA withdraw then-
submission and EPA will delete it from
the RMP database. Facilities will have
the option of using the form that EPA
developed to facilitate the withdrawal
or simply stating their request ha a
letter. Alternatively, facilities can leave
the RMP as a voluntary submission hi
the database and need not take further
action.
The balance of the RMP's reported
more than one substance. About 200
RMP's reported a toxic chemical
substance hi addition to the potential
flammable fuel. For these cases, the
facilities will be asked to evaluate
whether then- flammable substance
qualifies for the exclusion based on use
or retail sales. If they determine that
they do not qualify, no further action is
required. If they determine that they do
qualify, they may resubmit then- RMP,
reporting only on the toxic substances.
Alternatively, facilities can leave the
original RMP including the flammable
fuel submission hi the database and
need not take further action.
About 745 RMP's reported multiple
flammable substances. For these cases,
the facilities will be asked to evaluate
whether each reported flammable
substance qualifies for the exclusion
based on use or retail sales. If they
determine that none of their reported
flammable substances qualify, no
further action is required. If they
detennine that all of the reported
substances qualify, they may. request
that EPA withdraw their submission
and EPA will delete it from the RMP
database. Facilities will have the option
of using the formal withdrawal process
or simply sending a letter. Alternatively,
facilities can leave the RMP as a
voluntary submission hi the database
and need not take further action. If they
determine that only some of the
flammable substances reported qualify,
they will need to check their flammable
worst case scenario and off-site
consequence analysis (OCA). If their
original worst case analysis is based on
a flammable substance that is excluded,
the facility should revise their RMP to
provide appropriate OCA. Within its
enforcement discretion, EPA plans to
treat this similarly to the existing
requirement to revise RMP's within 6
months of a process change, giving
facilities 6 months to revise their RMP's.
If their original worst case analysis is
based on a flammable substance that is
not excluded, the facility won't need to
update their RMP, except as part of the
regular reporting cycle.
V. Rationale for Issuance of Rule
Without Prior Notice
Section 553 of the Administrative
Procedure Act, 5 U.S.C. 553(b)(B),
provides that, when an agency for good
cause finds that notice and public
procedure are impracticable,
unnecessary or contrary to the public
interest, the agency may issue a rule
without providing notice and an
opportunity for public comment.
EPA is taking this action without
prior notice and opportunity to
comment. As previously mentioned,
section 2 of the new Act, which took
effect on August 5,1999, immediately
removed EPA's authority to list
flammable substances when used as a
fuel, or held for sale as a fuel at a retail
facility. Consequently, EPA's regulation
containing the list of regulated
substances subject to the RMP rule
needs to be modified to reflect the new
law.
EPA has determined that there is good
cause for making today's rule final
without prior proposal and opportunity
for comment because the Agency is
codifying legislation which focuses
clearly on a particular set of regulations
and requires little interpretation by the
Agency, hi addition, EPA believes it is
in the public interest to issue the
revised list as soon as possible, to avoid
confusion about the coverage of the
RMP rule. As of August 5,1999, there
is no statutory basis for extending the
RMP rule to listed flammable substances
when used as a fuel, or held for sale as
a fuel at a retail facility, except under
certain circumstances. The Agency's
rule should therefore be revised to
reflect the change in authority as soon
as possible. A comment period is
unnecessary because today's action is
nondiscretionary. A comment period
would also be contrary to the public
interest because the resulting delay
would contribute to confusion about the
coverage of the RMP rule. Thus, notice
and public procedure are unnecessary
and contrary to the public interest. EPA
finds that this constitutes good cause
under 5 U.S.C. 553(b)(B).
The Agency is also issuing this rule
with an immediate effective date. Since
its effect is to relieve a restriction (i.e.,
the requirement to comply with the
RMP rule), EPA may make it effective
upon promulgation. Further, EPA
believes it is in the public interest to
make it immediately effective, for the
same reasons given above for dispensing
with prior notice and comment.
VI. Summary of Revisions to Rule
This section summarizes the changes
to the rule.
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Federal Register/Vol. 65, No. 49/Monday,
11!,' iiii'iliiillillllllillljiillBNIliTllilli >|i !«•'!;, nfiill!, IIIKf pi i
ii
2000/Rules and Regulations
Section 68.3, Definitions, has been
sf^.iiiS-iiMylsddjioadjia definition of retail
" ; =:|" jT^jii^ as"3efini21n"the new law.
Section 68.126 has been added to
:. , ,;„; ..,• create an exclusion for regulated
flammable substances used as fuel or
,,. ............. ...........
exclusion is derived from the new
law.
In, Section ..... §1±130* ..... f°2lS9t§§Ji§y,§l>§,§s
added to Tables 3 and 4 These two
tables list the regulated flammable
substances and their threshold
quantities. Table 3 lists the regulated
flammable substances in alphabetical
order while Table 4 lists them in CAS
number, order. The footnotes remind the
reader ojJftKe exclusion for regulated
flammable substances. The reference to
each footnote appears as an asterisk
following the term "flammable
substance" in the titles of Tables 3 and
4. I ...... ' ........ ".". ............. ". ..... I ..... '.'. ..... II ........... '. ....... I ......... '. ..... '. ................ '. ......... '.'. ........... ""'
VII. Administrative Requirements
A. Docket
The docket is an organized and
ll|ii|||ll ' ||i (i Hi"! ( complete file of all the information
considered by the EPA in the
development of this rulemaking. The
docket is a dynamic file, because it
allows members of the public and
in.dujjrjeg ...... involvedjoreadily identify
and locate Socuments so that they can
effectively participate in the rulemaking
proce'S!" Along with the proposed and
promulgated rules and their preambles,
tho contents of the docket serve as the
ror.ord in the case of judicial review.
{See section 307(d)(7)(A) of the CAA.)
Th«% official record for this rulemaking
h.is Jwi-n I'siablished under Docket A-
*i<> l». ,tn«! (-..ivallaljlefor , inspection
»-.!(! h (til .i.it. to 5:30 p.m., Monday
i:\fi m^TT ndav. excluding legal
liuii. Tlii: officiai ruiemaking rcc:ord
is locti.tctl of, the address in ADDRESSES
at tho beginning of this document.
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President's priorities, or the principles
set forth in the Executive Order.
It has been determined that this rule
is not a "significant regulatory action"
under the terms of Executive Order
12866 and is therefore not subject to
OMB review.
C. Executive Order 13045
IK i iiciisii Niipr'nii!'.
iiiiii iiiaiii1
II (ll"
IIIIIIII 111
ill
•iiiii i i i
ii 1 1 1 iiiiiiii i i
B. Executive Order 12866
. , „ iiiiiiiiiiilii iiiiiiiiii mi i iiiijliii
Under Executive Order 12866 (58 FR
51735, October 4, 1993), the Agency
musi determine whether the regulatory
action is "significant" and therefore
subject to OMB review and the
requirements of the Executive Order.
The Order defines "significant
regulatory action" as one that is likely
to result in a rule that may:
ii , i yniilii iiiiiiii 1 1 1 1 iiiiH^^^ ...... ........................................ - .................. ..... ........... i ........
(1) Have an annual effect on the
economy of S100 million or more or
dyersely affect in a material way the
Ml III IIIIIIIIII J ............... « ............................ ».i_ ' "
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, orMbalgpvernments^ or
communities;
ill iiiiii
Executive Order 13045: "Protection of
Children from Environmental Health
Risks and Safety Risks," (62 FR 19885,
April 23,1997), applies to any rule that:
(1) Is determined to be "economically
significant" as defined under E.O.
12866, and (2) concerns an
environmental health or safety risk that
EPA has reason to believe may have a
disproportionate effect on children. If
the regulatory action meets both criteria,
the Agency must evaluate the
environmental health or safety effects of
the planned rule on children, and
explain why the planned regulation is
preferable to other potentially effective
and reasonably feasible alternatives
considered by the Agency.
EPA interprets E.O. 13045 as applying
only to those regulatory actions that are
based on health or safety risks, such that
the analysis required under Section 5—
501 of the Order has the potential to
influence the regulation.
This action is not subject to this
Executive Order because it is not
economically significant as defined in
E.O. 12866, and because it does not
establish an environmental standard
intended to mitigate health or safety
risks.
D. Executive Order 13084
II ill t Under Executive Order 13084, EPA
may not issue a regulation that is not
required by statute, that significantly or
uniquely affects the communities of
Indian tribal governments, and that
imposes substantial direct compliance
costs on those communities, unless the
Federal government provides the funds
necessary to pay the direct compliance
costs mcurredby the tribal
governments, or EPA consults with
those governments.
If EPA complies by consulting,
Executive Order 13084 requires EPA to
provide to the Office of Management
and Budget, in a separately identified
section of the preamble to the rule, a
description of the extent of EPA's prior
i iiiii 11 in i i in
consultation with representatives of
affected tribal governments, a summary
of the nature of their concerns, and a
statement supporting the need to issue
the regulation. In addition, Executive
Order 13084 requires EPA to develop an
effective process permitting elected
officials and other representatives of
Indian tribal governments "to provide
meaningful and timely input in the
development of regulatory policies on
matters that significantly or uniquely
affect their communities."
Today's rule does not significantly or
uniquely affect the communities of
Indian tribal governments. This action
reduces burden on flammable fuel users,
which may include some sources owned
or operated by Indian tribal
governments. Accordingly, the
requirements of section 3(b) of
Executive Order 13084 do not apply to
this rule.
E. Executive Order 13132
Executive Order 13132, entitled
"Federalism" (64 FR 43255, August 10,
1999), requires EPA to develop an
accountable process to ensure
"meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications." "Policies that have
federalism implications" is defined in
the Executive Order to include
regulations that have "substantial direct
effects on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities am ring the
various levels of government."
Under Section 6 of Executive Order
13132, EPA may not issue a regulation
that has federalism implications, that
imposes substantial direct compliance
costs, and that is not required by statute,
unless the Federal government provides
the funds necessary to pay the direct
compliance costs incurred by State and
local governments, or EPA consults with
State and local officials early in the
process of developing the proposed
regulation. EPA also may not issue a
regulation that has federalism
implications and that preempts State
law, unless the Agency consults with
State and local officials early in the
process of developing the proposed
regulation.
This final rule does not have
federalism implications. It will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. Today's rule
reduces the burden for those state, local,
i iiiii iiiiii in in i
-------
Federal Register/Vol. 65, No. 49/Monday, March 13, 2000/Rules and Regulations
13249
or tribal governments that may own or
operate sources that use flammable
fuels. Thus, the requirements of section
6 of the Executive Order do not apply
to this rule.
F. Regulatory Flexibility Act [UFA], as
Amended by the Small Business
Regulatory Enforcement Fairness Act of
1996 (SBREFA), 5 U.S.C. 601 etseq.
Under the Regulatory Flexibility Act
(RFA) of 1980 (5 U.S.C. 601, etseq,), as
amended by the Small Business
Regulatory Enforcement Fairness Act of
1996 (SBREFA), the Agency is required
to give special consideration to the
effect of Federal regulations on small
entities and to consider regulatory
options that might mitigate any such
impacts. Small entities include small
businesses, small not-for-profit
enterprises, and small governmental
jurisdictions.
Today's final rule is not subject to
RFA, which generally requires an
agency to prepare a regulatory flexibility
analysis for any rule that will have a
significant economic impact on a
substantial number of small entities.
The RFA applies only to rules subject to
notice-and-comment rulemaking
requirements under the Administrative
Procedure Act (APA) or any other
statute. The rule is subject to the APA,
but as described in Section IV of this
preamble, the Agency has invoked the
"good cause" exemption under APA
Section 553(b), which does not require
notice and comment. Although this final
rule is not subject to the RFA, EPA
nonetheless has assessed the potential
of this rule to adversely impact small
entities subject to the rule. EPA does not
believe the rule will adversely impact
small entities. This action excludes
flammable substances when used as a
fuel, or held for sale as a fuel at a retail
facility from the list of substances
regulated by 40 CFR part 68, which will
reduce burden on many small entities
that otherwise would be covered by
these requirements.
G. Paperwork Reduction Act
This action does not impose any new
information collection burden. The
Office of Management and Budget
(OMB) has previously approved the
information collection requirements
contained in the existing regulations 40
CFR part 68 under the provisions of the
Paperwork Reduction Act, 44 U.S.C.
3501 et seq. and has assigned OMB
control number 2050-0144 (EPA ICR
No.1656.06). EPA estimates a burden
hour reduction of 70,400 hours.
Burden means the total time, effort, or
financial resources expended by persons
to generate, maintain, retain, or disclose
or provide information to or for a
Federal agency. This includes the time
needed to review instructions; develop,
acquire, install, and utilize technology
and systems for the purposes of
collecting, validating, and verifying
information, processing and
maintaining information, and disclosing
and providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements; train personnel to be able
to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information. An Agency
may not conduct or sponsor, and a
person is not required to respond to a
collection of information unless it
displays a currently valid OMB control
number. The OMB control numbers for
EPA's regulations are listed in 40 CFR
part 9 and 48 CFR Chapter 15.
H. Unfunded Mandates Reform Act
Title n of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 104—4, establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on State, local,
and tribal governments and the private
sector. Under section 202 of the UMRA,
EPA generally must prepare a written
statement, including a cost-benefit
analysis, for proposed and final rules
with "Federal mandates" that may
result hi expenditures to State, local,
and tribal governments, in the aggregate,
or to the private sector, of $100 million
or more in any one year. Before
promulgating an EPA rule for which a
written statement is needed, section 205
of the UMRA generally requires EPA to
identify and consider a reasonable
number of regulatory alternatives and
adopt the least costly, most cost-
effective or least burdensome alternative
that achieves the objectives of the rule.
The provisions of section 205 do not
apply when they are inconsistent with
applicable law. Moreover, section 205
allows EPA to adopt an alternative other
than the least costly, most cost-effective
or least burdensome alternative if the
Administrator publishes with the final
rule an explanation why that alternative
was not adopted.
Before EPA establishes any regulatory
requirements that may significantly or
uniquely affect small governments,
including tribal governments, it must
have developed under section 203 of the
UMRA a small government agency plan.
The plan must provide for notifying
potentially affected small governments,
enabling officials of affected small
governments to have meaningful and
timely input in the development of EPA
regulatory proposals with significant
Federal intergovernmental mandates,
and informing, educating, and advising
small governments on compliance with
the regulatory requirements.
Because the Agency has made a "good
cause" finding that this action is not
subject to notice-and-comment
requirements under the Administrative
Procedures Act or any or any other
statute (see Section IV of this preamble),
it is not subject to sections 202 and 205
of the Unfunded Mandates Reform Act
of 1995 (UMRA) (Public Law 104-4).
Pursuant to Section 203 of UMRA,
EPA has determined that this rule
contains no regulatory requirements that
might significantly or uniquely affect
small governments. This rule does not
contain any additional requirements,
rather it reduces the burden on small
governement sources that use flammable
substances as fuel.
I. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 ("NTTAA"), Public Law
104-113, section 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary
consensus standards hi its regulatory
activities unless to do so would be
inconsistent with applicable law or
otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures, and
business practices) that are developed or
adopted by voluntary consensus
standards bodies. The NTTAA directs
EPA to provide Congress, through OMB,
explanations when the Agency decides
not to use available and applicable
voluntary consensus standards.
This action does not involve technical
standards. Therefore, EPA did not
consider the use of any voluntary
consensus standards.
/. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A "major rule"
cannot take effect until 60 days after it
is published in the Federal Register.
-------
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•117 •iDillli
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' IMil'F'i'U. i.
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ft '«, Illll.t ". ;" (> ItlMffr ....... Illllillilfli •lilllli!: iillllilSlli llllllll
filKJi,: . ,"" , inlll ^H
jralRegister/Vol. 65, No. 49/Monday, March. 13, 2000/Rides and Regulations
IIfffKfilSSillis action is not a "major rule" as
Si'ii^ISs defined by 5 U.S.C. 804(2). It takes effect
l
§ 68.130 List of substances.
List of Subjects in 40 CFR. Part 68
...... * i«> '* JEnvEonmentel protection, Chemicals,
^£[gnt prevention.
TABLE 3 TO §68.130.—LIST OF REGU-
LATED FLAMMABLE SUBSTANCES 1
AND THRESHOLD QUANTITIES FOR
ACCIDENTAL RELEASE PREVENTION
[Alphabetical Order-63 Substances]
For, the reasons stated in the
preamble, EPA amends 40 CFR part 68
is follows:
PART 68—[AMENDED]
If1,!'!]; ,ii|i|]|!f id ih i iiiiiiii iiiiiiiiiiiii n ,i i n ii iiii i iiiiiiiiiiiiiiii iiiiiiiiii i n in i i
"""'"'"' iiiiiliB" iiii 111. The authority section for part 68 is
revised to read as follows:
;;,-;rfSl.1 Authority: 42 U.S.C 74l2(r), 7601 (a) (l).
™~.l";:;;::, SUbpart ^__£^men^^tjj
2. Section 68.3 is amended to add the
definition in alphabetical
§68.3 Definitions.
It-Mi 'if IJJI U ^ 4 I
, IIII I 111 II III II II III
Retail facility means a stationary
;™
the Income is oEtaineH from direct sales
to end users or at which more than one-
illllillllllE1 Ijiiiif'II IwlllH 9 Ml 9 9 B 9 5 9 9
half of the fuel sold, by volume, is sold
^~~'~"~~ through a cylinder exchange program.
* * * *
--.•< - "•- - < • Subpart F—[Amended]
1A flammable substance when used as a
fuel or held foLsaje as ajuel, at a retail facility
is excluded from all provisions of this part (see
§68.126).
Note: §asls 'lor'Listing:
s Mandated for listing by Congress.
f Flammable gas.
s Volatile flammable liquid.
TABLE 4 TO §68.130.—LIST OF REGU-
LATED FLAMMABLE SUBSTANCES 1
AND THRESHOLD QUANTITIES FOR
ACCIDENTAL RELEASE PREVENTION
[CAS Number Order-63 Substances]
IIIIIIII".. Jii1!".';" 'I IllllllllWllllla
IVH if'i III'Mi;' i' SaiW^^^
F to read as follows:
:,: ....... :""• ..... •" ....... .{68.126 Exclusfon.
'A flammable substance when used as a
fuel or held for sale as a fuel at a retail facility
is excluded from all provisions of this part (see
§68.126).
Note: Basis for Listing:
»Mandated for listing by Congress.
{Flammable gas.
^Volatile flammable liquid.
[FR Doc. 00-5935 Filed 3-10-00; 8:45 am]
BILLING'" '
......... ':•; .............. * ...... *; ...................... i
^
i ...... Flammable Substances Used as Fuel
.....
FEDERAL COMMUNICATIONS
COMMISSION
™* ;*; "-I;1":;;, FaciliBes^A. flammable substancejisted 47 CfR Rart. ,7,3,,,
KTKY(FM) to specify operation on
Channel 293C2 at Taft in response to a
petition filed by Pacific Broadcasting of
Missouri, L.L.C. See 64 FR 39963, July
23,1999. The coordinates for Channel
293C2 at Taft are 27-52-00 and 97-13-
08. We shall also allot Channel 291A to
Refugio, Texas, at coordinates 28—21—58
and 97—19—11. Mexican concurrence
has been received for the allotments at
Refugio and Taft, Texas. With this
action, this proceeding is terminated.
EFFECTIVE DATE: April 17, 2000.
FOR FURTHER INFORMATION CONTACT:
iiiKatiil§eniScheuerleiti Mass Media
Bureauii (202) 418^2180.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission's Report
and Order, MM Docket No. 99-256,
adopted February 23, 2000, and released
March 3, 2000. The full text of this
Commission decision is available for
inspection and copying during normal
business hours in the Commission's
Reference Center, 445 12th Street, SW,
11 Washington, DC. The complete text of
this decision may also be purchased
from the Commission's copy
contractors, International Transcription
Services, Inc., 1231 20th Street, NW.,
Washington, DC 20036, (202) 857-3800,
facsimile (202) 857-3805.
List of Subjects in 47 CFR Part 73
Radio broadcasting.
Part.73 pftitleJZ pf.the Code of
Federal Regulations is amended as
follows:
: I
PART 73—[AMENDED]
1. The authority citation for Part 73
continues to read as follows:
ce is used asa fuel or held for
.e Heading of fable 3;
f,e notes to Table 3 and
Iding a new footnote 1;
G. Revising the heading to Table 4;
„„„„ , ,,,,,«,,,.l-,iaa,,,i.,na,=^ -** notes to Table 4 and
?;£','!K£Adding a new footnote 1.
p!;,1; ;T|hq revlslgng.and additions readas
[DA No. 00-494, MM Docket No. 99-256;
RM-9527]
Radio Broadcasting Services; Refugio
and Taft, TX
AGENCY: Federal Communications
Commission.
ACTION: Final rule.
SUMMARY: This document substitutes
Channel 293C2 for Channel 291C3 at
Refugio, Texas, reallots Channel 293C2
from Refugio, Texas, to Taft, Texas, and
modifies the license for Station
1
Authority: 47 U.S.C. 154, 303, 334 and 336.
§73.202 [Amended]
2. Section 73.202(b), the Table of FM
Allotments under Texas, is amended by
removing Channel 291C3 and adding
Channel 291A at Refugio and adding
Taft, Channel 293C2.
Federal Communications Commission.
John A. Karousos,
Chief, Allocations Branch, Policy and Rules
Division, Mass Media Bureau.
[FR Doc. 00-6052 Filed 3-10-00; 8:45 am]
BILLING CODE 6712-01-U
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111111111,1 .I'll1 ,i 't'»:'in};' '.'liiii'i'ii'l'",!'!:':1,1'!!1:: ,• • ;ih"
-------
Appendix B
Selected NAICS Codes
-------
.....
'&i^1 ......... raw ......
I 111:' 4lil •lllllhL, i i" !'' Illllll1 *. ;H K" Hi,: IS" jk u' ,1
" ¥ is"• i-' :, iiiiiis'" ii" t: «ml:f* mme' fiiiiiiiiiii '"i* i it;, .• ''«.',lm *:'", .1: in
.1 ''ill 'i:l ml! '' |i ,!, ': J", I'll', !"l;!
,','i: :r is : !' i" .i- *• :i i'
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HIS,'-
'"'III! •
ililt.ir!, f -S'lFiillL-l,
igii ...... I;
Ktllffli; ! I -I;!',, ,»- JES: !&'.. "!",, , ;. S- ii ,i. HI, >'• f- :-
MSI1 V,'.1.. • .'; i ' " ,,l,li • '('j , ' II " i,11' ••',' ;• .i1 ..'i ,|-' ,',;i'l-
L- J3S..i1!Jlt"iii'( iiiiis1":!.!'' Ki Kl .• ;; '',;„:;"',;:: ••! li';!1'1!!!!
-5" '•'}">''."' IK'I.' .'•«ItSi
i-l'! ,,,*!•:.; i ill: • :- 41ft Si'J
I1' In, :„; I I; if1 ''' < . IW I!:'' f.' I'; •' I!1'111 , .11!'Jlli ' I,.; i HIIXlii;''«iJllllllllliLI iiillll II1 : 11:11
'"tnii*:!- ,i a> i i.. 1 »sii:"i, .•,'; ;fc:" '
!l i:!,;:!1'11;',, ^iBils ;f ' ;\ Pit: I
iji!::1' , i1'":;.,! . ii'-illlllliiii;:;; ,1 • ! Piiiii1 ^i«i:H^^^^ ;ili Jii'tJ'iiii
II II I III Illllll I II
III 111 111 II I1 III I'll Illllll 111
Illllll II II
II i
III II III
II 111
II 111 III
Illllll 111 111
IIIIIH^^^^^^^^ :! IllllH^^^^^^^
II. •;,!'» ii!1!! >• ililM^^ Ulllli9lH^^^ IJI1K itlllllillllltl 111 111 111 Illllll I 111 Illllll 11| ll|(l 111
1111111 1 I 111 HI 11111 111 ll|lllllllllll Illllll
-------
SELECTED 1997 NAICS CODES
11 Agriculture
11111 Soybean Farming
11113 Dry Pea and Bean Fanning
11114 Wheat Fanning
11115 Corn Fanning
111191 Oilseed and Grain Farming
111199 All Other Grain Farming
111211 Potato Farming
111219 Other Vegetable and Melon Farming
11131 Orange Groves
11132 Other Citrus
111331 Apple Orchards
111332 Grape Vineyards
111339 Other Non Citrus Fruit Farming
111422 Floriculture Production
11191 Tobacco Fanning
11192 Cotton Farming
11199 All Other Crop Farming
11211 Beef Cattle Ranching and Farming
11213 Dual Purpose Cattle Ranching and Farming
11221 Hog and Pig Farming
11231 Chicken Egg Production
11232 Broilers and Other Chicken Production
11233 Turkey Production
11234 Poultry Hatcheries
11239 Other Poultry Production
112511 Finfish Farming and Fish Hatcheries
11291 Apiculture
11299 All Other Animal Production
115111 Cotton Ginning
115112 Soil Preparation
115114 Post Harvest Crop Activities
11521 Support for Animal Production
21 Mining
211 Oil and Gas Extraction
211111 Crude Petroleum and Natural Gas Extraction
211112 Natural Gas Liquid Extraction
21211 Coal Mining
21221 Iron Ore Mining
21222 Gold and Silver Ore Mining
21223 Copper, Nickel, Lead, and Zinc Mining
21229 Other Metal Ore Mining
21231 Stone Mining and Quarrying
212322 Industrial Sand Mining
212324 Kaolin and Bal Clay Mining
21239 Other Non-Metallic Mineral Mining
21311 Support Activities for Mining
22 Utilities
22111 Electric Power Generation
221111 Hydroelectric Power Generation
221112 Fossil Fuel Electric Power Generation
221113 Nuclear Electric Power Generation
221119 Other Electric Power Generation
2213 Water, Sewage and Other Systems
22131 Water Supply and Irrigation Systems
22132 Sewage Treatment Facilities
22133 Steam and Air Conditioning Supply
23 Constuction
2333 Nonresidential Building Construction
31-33 Manufacturing
311 Food Manufacturing
3111 Animal Food Manufacturing
311111 Dog and Cat Food Manufacturing
311119 Other Animal Food Manufacturing
31121 Flour Milling and Malt Manufacturing
311211 Flour Milling
31122 Starch and Vegetable Fats and Oils Manufacturing
311221 Wet Corn Milling
311222 Soybean Processing
311223 Other Oilseed Processing
311225 Fats, and Oils Refining and Blending
31123 Breakfast Cereal Manufacturing
311313 Beet Sugar Manufacturing
31132 Chocolate and Confectionery Manufacturing from
Cacao Beans
31133 Confectionery Manufacturing from Purchased
Chocolate
311411 Frozen Fruit, Juice and Vegetable Manufacturing
311412 Frozen Specialty Food Manufacturing
311421 Fruit pad Vegetable Canning
311422 Specialty Canning
311423 Dried and Dehydrated Food Manufacturing
311511 Fluid Milk Manufacturing
311512 Creamery Butter Manufacturing
311513 Cheese Manufacturing
311514 Dry, Condensed, and Evaporated Dairy
Product Manufacturing
31152 Ice Cream and Frozen Dessert Manufacturing
311611 Animal (except Poultry) Slaughtering
311612 Meat Processed from Carcasses
311613 Rendering and Meat By-product Processing
311615 Poultry Processing
311711 Seafood Canning
311712 Fresh and Frozen Seafood Processing
311811 Retail Bakeries
311812 Commercial Bakeries
311813 Frozen Cakes, Pies, and Other Pastries
Manufacturing
311821 Cookie and Cracker Manufacturing
311822 Flour Mixes and Dough Manufacturing from
Purchased Flour
311823 Dry Pasta Manufacturing
31191 Snack Food Manufacturing
-------
I "ill1" lull Mil111 'III Ill'll
Appendix B
NAICS Codes
B-2
311911 Roasted Nuts and Peanut Butter Manufacturing
311919 Other Snack Food Manufacturing
31192 Coffee and Tea Manufacturing
31193 Flavoring Syrup and Concentrate Manufacturing
311941 Mayonnaise, Dressing and Other Prepared
Sauce Manufacturing
311991 Perishable Prepared Food Manufacturing
311999 All Other Miscellaneous Food Manufacturing
iiiiiiiiiiiiiiiriii: iniiiii'iiriiii'iiuiiit1"
........ 3 121 13 ..... ^Manufacturing
31212 Breweries
31213 Wineries
31214 Distilleries
31222 Tobacco Product Manufacturing
'.ill",!;!!', '" !.i'
fW *••;•'
•IN SimfWi V :1 6313" Textile Mills
£313111 Yarn Spinning Mills
•"Hill "Henwoven Fabric Mills ,',', \ "', "i ~",
l!§1324 Knit Fabric Mills
§13241 Weft&it F^bnc"Mms"
31331 Textile and Fabric Finishing Mills
i 1313311 Broadwoven Fabric Finishing Mills
lllllll in n iiiiiii i iiiiiii I'll nil iiiiiii UNI ii in
314 Textile Product Mills
31411 Carpet and Rug Mills
;;31499,, lrl All Other Textile.!Productt Mills r
I'"3 J4992 " T, ire" Cord'and Tire Fabric Mills
314999 All Other Miscellaneous Textile Product Mills
:i
315 Apparel Manufacturing
315111 Sheer Hosiery Mills
31522 Men's and Boys' Cut and Sew Apparel
llillililllliiill n lllliliiilll 11 illil hi l nil ll in ill nil i ill ill ill ill I I ll
321 Wood Product Manufacturing
321219 Reconstituted Wood Product Manufacturing
322 Paper Manufacturing
•Illlll'll I ! 111! 132211 Pulp Mills
32212 Paper Mills
322121 Paper (except Newsprint) Mils
322122 Newsprint Mills
32213 Paperboard Mills
323 Printing and Related Support Activities
323111 Commercial Gravure Printing
323117 Book Printing
323 J19 Other Commercial Printing
324 Petroleum and Coal Products Manufacturing
32411 Petroleum Refineries
l|||i|||| III ih III i i n lllliliiilll Illlllillllill ill i i II Illil I ill I 11 III II Illlllil II I lllllll II
324121 Asphalt Paving Mixture and Block
Manufacturing
324191 Petroleum Lubricating Oil and Grease
Manufacturing
324199 All Other Petroleum and Coal Products
Manufacturing
325 Chemical Manufacturing
3251 Basic Chemical Manufacturing
32511 Petrochemical Manufacturing
32512 Industrial Gas Manufacturing
32513 Synthetic Dye and Pigment Manufacturing
325131 Inorganic Dye and Pigment Manufacturing
325132 Synthetic Organic Dye and Pigment
Manufacturing
32518 Other Basic Inorganic Chemical Manufacturing
325181 Alkalies and Chlorine Manufacturing
325182 Carbon Black Manufacturing
325 188 All Other Basic Inorganic Chemical
Manufacturing
325 1 9 Other Basic Organic Chemical Manufacturing
325191 Gum and Wood Chemical Manufacturing
3251 92 Cyclic Crude and Intermediate Manufacturing
325193 .............. Efliyi^colwfM^u&cnuiiig
325 1 99 All Other Basic Organic Chemical
............................................ ivKufacturSg
32§2 ..... 1".'l^^J^ntiie?c^^bOTran3"Arti^!cia1'and
Synthetic Fibers and Filaments Manufacturing
32521 Resin and Synthetic kubber Manufacturing
...... 32521 l
32522
Manufacturing
325221 Cellulosic Organic Fiber Manufacturing
325222 Noncellulosic Organic Fiber Manufacturing
3253 Pesticide, Fertilizer and Other Agricultural
Chemical Manufacturing
in nil i n n [Hull nun in illil i III nil n ll ll I ll in in ill i inn i in °
32531 Fertilizer Manufacturing
3253 1 1 Nitrogenous Fertilizer Manufacturing
3253 12 Phosphatic Fertilizer Manufacturing
3253 14 Fertilizer (Mixing Only) Manufacturing
32532 Pesticide and Other Agricultural Chemical
Manufacturing
3254 Pharmaceutical and Medicine Manufacturing
32541 Pharmaceutical and Medicine Manufacturing
325411 Medicinal and Botanical Manufacturing
3254 1 2 Pharmaceittican^eparation Manufacturing
325413 In- Vitro Diagnostic Substance Manufacturing
325414 Biol(ogicarPlcoc£ct">(iKcept>CIagnostic)
Manufacturing
3255 Paint, Coating, and Adhesive Manufacturing
3255 1 Paint and Coating Manufacturing
32552 Adhesive" Manufacturing [[[
3256 Soap, Cleaning Compound and Toilet Preparation
...... Manufacturing ...... ' ............... ' [[[
-------
B-3
Appendix B
NAICS Codes
325612 Polish and Other Sanitation Good Manufacturing
325613 Surface Active Agent Manufacturing
32562 Toilet Preparation Manufacturing
3259 Other Chemical Product Manufacturing
32591 Printing Ink Manufacturing
32592 Explosives Manufacturing
32599 All Other Chemical Product and Preparation
Manufacturing
325991 Custom Compounding of Purchased Resin
325992 Photographic Film, Paper, Plate and Chemical
Manufacturing
325998 All Other Miscellaneous Chemical Product
and Preparation Manufacturing
326 Plastics and Rubber Products Manufacturing
32611 Unsupported Plastics Film, Sheet and Bag
Manufacturing
326113 Unsupported Plastics Film and Sheet (except
Packaging) Manufacturing
326121 Unsupported Plastics Profile Shape
Manufacturing
32613 Laminated Plastics Plate, Sheet and Shape
Manufacturing
32614 Polystyrene Foam Product Manufacturing
32615 Urethane and Other Foam Product (except
Polystyrene) Manufacturing
32616 Plastics Bottle Manufacturing
32619 Other Plastics Product Manufacturing
326192 Resilient Floor Covering Manufacturing
326199 All Other Plastics Product Manufacturing
3262 Rubber Product Manufacturing
326211 Tire Manufacturing (except Retreading)
32629 Other Rubber Product Manufacturing
326299 All Other Rubber Product Manufacturing
327 Nonmetallic Mineral Product Manufacturing
32711 Pottery, Ceramics, and Plumbing Fixture
Manufacturing
3 27111 Vitreous China Plumbing Fixtures and China
and Earthenware Bathroom Accessories
Manufacturing
327125 Nonclay Refractory Manufacturing
32721 Glass and Glass Product Manufacturing
327211 Flat Glass Manufacturing
327212 Other Pressed and Blown Glass and Glassware
Manufacturing
327213 Glass Container Manufacturing
327215 Glass Product Manufacturing Made of
Purchased Glass
32731 Cement Manufacturing
32732 Ready-Mix Concrete Manufacturing
32739 Other Concrete Product Manufacturing
32742 Gypsum Product Manufacturing
32791 Abrasive Product Manufacturing
327992 Ground or Treated Mineral and Earth
Manufacturing
327993 Mineral Wool Manufacturing
327999 All Other Miscellaneous Nonmetallic Mineral
Product Manufacturing
331 Primary Metal Manufacturing
33111 Iron and Steel Mills and Ferroalloy Manufacturing
331111 Iron and Steel Mills
331312 Primary Aluminum Production
331314 Secondary Smelting and Alloying of Aluminum
331315 Aluminum Sheet, Plate and Foil Manufacturing
331316 Aluminum Extruded Product Manufacturing
331319 Other Aluminum Rolling and Drawing
33141 Nonferrous Metal (except Aluminum) Smelting
and Refining
331411 Primary Smelting and Refining of Copper
331419 Primary Smelting and Refining of Nonferrous
Metal (except Copper and Aluminum)
331421 Copper Rolling, Drawing and Extruding
331423 Secondary Smelting, Refining, and Alloying of
Copper
33149 Nonferrous Metal (except Copper and
Aluminum) Rolling, Drawing, Extruding and
Alloying
331491 Nonferrous Metal (except Copper and
Aluminum) Rolling, Drawing and Extruding
331492 Secondary Smelting, Refining, and Alloying of
Nonferrous Metal (except Copper and
Aluminum)
33151 Ferrous Metal Foundries
331511 Iron Foundries
331513 Steel Foundries, (except Investment)
33152 Nonferrous Metal Foundries
331521 Aluminum Die-Casting Foundries
331522 Nonferrous (except Aluminum) Die-Casting
Foundries
331524 Aluminum Foundries (except Die-Casting)
331525 Copper Foundries (except Die-Casting)
331528 Other Nonferrous Foundries (except Die-
Casting)
332 Fabricated Metal Product Manufacturing
33211 Forging and Stamping
332111 Iron and Steel Forging
332112 Nonferrous Forging
332116 Metal Stamping
332117 Powder Metallurgy Part Manufacturing
33221 Cutlery and Hand Tool Manufacturing
332211 Cutlery and Flatware (except Precious)
Manufacturing
332321 Metal Window and Door Manufacturing
332322 Sheet Metal Work Manufacturing
33243 Metal Can, Box, and Other Metal Container
(Light Gauge) Manufacturing
33251 Hardware Manufacturing
-------
IlllliilH P IlillllllllP IIIIIIPllllPPIiii I 'III11 'PIP"! II 111 IllllPlililllllllllllll l"lll illlllllllllilill ili 'IHIPf lilli|n"l"'iilhlll11!1!1 Ilill'liiili i II" I 'Pll'l I 11" li Illil ii ii1" III iH n ' 'i HIJPPIPIII Mil I ' llilM'lil! illjililllmi'ii IIP/nlilWIIILIT I 'liilllllPliillPlill 'iPlilllPflllllllllilPilllll1 I'lilPII'f'. iil'il'Mlllllll I1 ' llllli I111!1' I < Hii'i'l'ii'ilPI llllllillPlllllllliilM^ PIP IP "I Will III!
"ApipeidixB
NAICS Codes
B-4
33281 Coating, Engraving, Heat Treating, and Allied
Activities
,1" "I "I ~ ."",,', 332811 Metal Heat Treating
,, ,,, w , . i , 3J2P2, Metal GSSSPg; Engraving (except Jewelry and
Suverware5,lmd*'Alue3 services to
: Manufacturers
332813 Electroplating, Plating, Polishing, Anodizing
332912
Fluid Power Valve and Hose Fitting
Manufacturing
,Meial!Valye and Pipe Fitting
II1: 'i in ipuii i
lillfi ijiili'1 ', li
332919
K ii" "i! "SrSmS Manufacturing
i!'!™1 '< "• ll™!liiiiiii:: • • • ,iiiiL ?• '332991 Ball and Roller Bearing Manufacturing
I' ,
334" Computer and Electronic Product Manufacturing
33411 Computer and Peripheral Equipment
Manufacturing
334111 Electronic Computer Manufacturing
334112 Computer Storage Device Manufacturing
334113 CcmipliterTeimi^Maaufactuiing
334119 Other Computer Peripheral Equipment
Manufacturing
33422 Radio and Television Broadcasting and Wireless
Communications Equipment Manufacturing
33441 Semiconductor and Other Electronic Component
Manufacturing
334411 Electron Tube Manufacturing
333112"
334413
I Machinery Manufacturing
334414
334415
334416
II II ill Hill II II II
EEEEEEEEEE £EEE:,, • E::. • 33311 Agricultural Implement Manufacturing
*''' !™i:*T™":: "" '* '"' "33I1 i 1 FSm^acTiSery'anlcrEquip^
333112 Lawn and Garden Tractor and Home Lawn and
Garden
ill1 'pr iui npipiii;' i. A!
.MIL
Hi'll
' -33312
; 333298
=3333 11
All Other Industrial Machinery Manufacturing
• 333315
^
Qpjjg 2strumeii Fan d"£ens Manufacturing
=3J33319, , , OJier Comme
! ftjp$i >jj$| MSSfe^SV Manufacturing
:"||||i:| .^ir-Conditioning and Warm Air Heating
Equipment and Commercial and Industrial
f, Refrigeration Equipment Manufacturing
[, ^Metalworking Machinery Manufacturing
11 Industrial Mold Manufacturing
PIIIPI :ini i iippiiiiiiiiL jipiiiiiiiiii i ii ipiiiiiiiiiiiiii mi i PI PIP 111 ii iiiw i ii in i n n i iiiiiippiiiiiiiiK piiffi, ^s, ^ •
333512 Machine Tool (Metal Cutting Types)
Manufacturing
Semiconductor and Related Device
Manufacturing
Electronic Capacitor Manufacturing
Electronic Resistor Manufacturing
Electronic^Coil, Transformer, and Other
Inductor Manufacturing
334417 Electronic Connector Manufacturing
334418" ^rmte^fCin^Asiem61y"(Electix>nic
Assembly) Manufacturing
334419 Other Electronic Component Manufacturing
334"519 Other Measuring and Controlling Device
Manufacturing
334613 Magnetic and Optical Recording Media
Manufacturing
335 Electrical Equipment, Appliance and
Component Manufacturing
35511 Electric Lamp Bulb anSPartManufacmring
335122 Commercial, Industrial and Institutional
Electric Lighting Fixture Manufacturing
335129 OffieFLighting Equipment Manufacturing
33322 Major'TSppuance Manufacturing
335222 Household Refrigerator and Home Freezer
Manufacturing!;
3353 1
3353 1 1
333515
333611
333613
333618
333911
333924
333995
333996
333999
£5itting"Tobran3 Machine Tool Accessory""
Manufacturing
-ii
Manufacturing
Meci'"
Manufacturing
Other Engine Equipment Manufacturing
Pump and Pumping Equipment Manufacturing
Industrial Track^ Tractor,, Trailer and Stacker
Machinery^ Manufecturing
Fluid Power Cylinder and Actuator Manufacturlnj
Fluid Power Pump and Motor Manufacturing
All Other Miscellaneous General Purpose
Machinery Manufacturing
P°wer; Distribution and Specialty Transformer
Manufacturing
3353 12 Motor and Generator Manufacturing
33591 Battery Manufacturing
3359 fl ........ Storage "g^g^'jjj^^p'g^^j ................
335912 ........... ?nmary^attery~Mmuiacnlrmg ...........................................
33592 1 Fiber Optic Cable Manufacturing
33599
335991
"335999
All Other Electrical Equipment and
Component Manufacturing
'""'~'
336 Transportation Equipment Manufacturing
33611 Automobile and Light Duty Motor Vehicle
I1! In
•i iiiin
in i ii i ill
in ill mi
-------
B-5
Appendix B
NAICS Codes
Manufacturing
336111 Automobile Manufacturing
336112 Light Truck and Utility Vehicle Manufacturing
33612 Heavy Duty Truck Manufacturing
33621 Motor Vehicle Body and Trailer Manufacturing
336211 Motor Vehicle Body Manufacturing
336212 Truck Trailer Manufacturing
336213 Motor Home Manufacturing
336214 Travel Trailer and Camper Manufacturing
33631 Motor Vehicle Gasoline Engine and Engine Parts
Manufacturing
336311 Carburetor, Piston, Piston Ring and Valve
Manufacturing
336312 Gasoline Engine and Engine Parts Manufacturing
33632 Motor Vehicle Electrical and Electronic
Equipment Manufacturing
336321 Vehicular Lighting Equipment Manufacturing
336322 Other Motor Vehicle Electrical and Electronic
Equipment Manufacturing
33633 Motor Vehicle Steering and Suspension
Components (except Spring) Manufacturing
33634 Motor Vehicle Brake System Manufacturing
33635 Motor Vehicle Transmission and Power Train
Parts Manufacturing
33636 Motor Vehicle Seating and Interior Trim
Manufacturing
33637 Motor Vehicle Metal Stamping
33639 Other Motor Vehicle Parts Manufacturing
336391 Motor Vehicle Air-Conditioning Manufacturing
336399 All Other Motor Vehicle Parts Manufacturing
33641 Aerospace Product and Parts Manufacturing
336411 Aircraft Manufacturing
336412 Aircraft Engine and Engine Parts Manufacturing
336413 Other Aircraft Part and Auxiliary Equipment
Manufacturing
336414 Guided Missile and Space Vehicle
Manufacturing
336415 Guided Missile and Space Vehicle Propulsion
Unit and Propulsion Unit Parts Manufacturing
336419 Other Guided Missile and Space Vehicle Parts
and Auxiliary Equipment Manufacturing
33651 Railroad Rolling Stock Manufacturing
33661 Ship and Boat Building
336611 Ship Building and Repairing
336612 Boat Building
33699 Other Transportation Equipment Manufacturing
336991 Motorcycle, Bicycle and Parts Manufacturing
336992 Military Armored Vehicle, Tank and Tank
Component Manufacturing
336999 All Other Transportation Equipment
Manufacturing
337 Furniture and Related Product Manufacturing
33712 Household and Institutional Furniture
Manufacturing
337211 Wood Office Furniture Manufacturing
339 Miscellaneous Manufacturing
33911 Medical Equipment and Supplies Manufacturing
339112 Surgical and Medical Instrument Manufacturing
339113 Surgical Appliance and Supplies Manufacturing
339114 Dental Equipment and Supplies Manufacturing
3399 Other Miscellaneous Manufacturing
33991 Jewelry and Silverware Manufacturing
339911 Jewelry (except Costume) Manufacturing
339912 Silverware and Plated Ware Manufacturing
339913 Jewelers' Material and Lapidary Work
Manufacturing
339914 Costume Jewelry and Novelty Manufacturing
339991 Gasket, Packing, and Sealing Device
Manufacturing
339994 Broom, Brush and Mop Manufacturing
339999 All Other Miscellaneous Manufacturing
42 Wholesale Trade
421 Wholesale Trade, Durable Goods
42149 Other Professional Equipment and Supplies
42171 Hardware Wholesalers
42181 Construction and Mining Machinery
42184 Industrial Supplies
422 Wholesale Trade, Nondurable Goods
42211 Printing and Writing Paper Wholesalers
4224 Grocery and Related Product Wholesalers
42241 General Line Grocery Wholesalers
42242 Packaged Frozen Food Wholesalers
42243 Dairy Product (except Dried or Canned)
Wholesalers
42244 Poultry and Poultry Product Wholesalers
42246 Fish and Seafood Wholesalers
42247 Meat and Meat Product Wholesalers
42248 Fresh Fruit and Vegetable Wholesalers
42249 Other Grocery and Related Products Wholesalers
4225 Farm Product Raw Material Wholesalers
42251 Grain and Field Bean Wholesalers
42252 Livestock Wholesalers
42259 Other Farm Product Raw Material Wholesalers
4226 Chemical and Allied Products Wholesalers
42261 Plastics Materials and Basic Forms and Shapes
Wholesalers
42269 Other Chemical and Allied Products Wholesalers
42271 Petroleum Bulk Stations and Terminals
42272 Petroleum and Petroleum Products Wholesalers
(except Bulk Stations and Terminals)
42281 Beer and Ale Wholesalers
42282 Wine and Distilled Alcoholic Beverage
Wholesalers
4229 Miscellaneous Nondurable Goods Wholesalers
42291 Farm Supplies Wholesalers
42299 Other Miscellaneous Nondurable Goods
-------
1111 Illlllllllllllll Illllll 111 Illllllll II Illllllll Illllllll Illllll Illllllll 111 III 111 111 Illlllllllllllll 111111 Illllllll 111 111 III Illllll III 111 I Illllllll 111 11 IIIII Illlllllllllllllllll 11 II Illllll Illllllll
Illllllllllllllllllllll III Illlllllllllllll Illllllllllllllllllllll Illllllll
Appendix B
NAICS Codes
B-6
,44-4§ RetaUlrade
4411 Automobiine Dealers
442291 Window Treatment Stores
4441 Building Material and Supplies Dealers
61 Educational Services
6111_ Elementary and Secondary Schools
61131 Colleges, Universities, Professional Schools
62 Health Care and Social Assistance
62'!"S'l jyfgjji™^111^ JJBiagn baSc'EaForatbnes
621511 Medical Laboratories
622"!"1 (jeneraT jSJedicaT ^jfg^{i5^{ Hospitals
' 6222 Psychiatric and Substance Abuse Hospitals
62221 Psychiatric and Substance Abuse Hospitals
t Ss and Superstores
^'^P^^^wr^iso^ra.eous^pjejfosb^ers $2,23' Specialty (except Psychiatric and Substance
; ;,;,,;,,,ii::~«;i::,;;,;'„;'!:;'.',;,,; Abuse)Hospitals
62231 Specialty (except Psychiatric and Substance
Abuse) Hospitals'"
48211 Rail Transportation
48311 Water Transportation
4842 Specialized Freight Trucking
48511 Urban Transit Systems
,,,',i':i' 'M iiiiniiiy nini: i wjiinnniiiinn , in a,
486 Pipeline Transportation
48811 Airport Operations
488119 Other Airport Operations
48819 Other Support Activities for Air Transportation
48821 Support Activities for Rail Transportation
48832 Marine Cargo Handling
48839 Other Support Activities for Water Transportation
493 Warehousing and Storage
423JJ general Warehousing and Storage
_™ Refrigerated Warehousing and Storage
49313 Farm Product Warehousing and Storage
45319 Other.Warehousing and Storage
' S3
5438TeadnLabs
sical,
' ..... "" ..... ;":i11 ..... :l":" Engineering, and Life Sciences
56 Administrative and Support , Waste Management
and Remediation Services
561^3 1 Private Mail Centers
56221 Waste Treatment and Disposal
I n my nn inn nil nil l l nillliinnin iiiinnilnliiiiiininiin iiiiiiiiiiiniiinnniiinn iniinin i mini r
562211 Hazardous Waste Treatment and Disposal
62212 Solid Waste Landfill
mlinnn n nun i n nun iiiviinninn nn inini nniiii|niiiininnniiniiinini niniiiiiniiiiinniiiiniihiniinnnni i i i i n in i in i in nil nn i
62213 Solid Waste Combustors and Incinerators
19 Other Nonhazardous Waste Treatment and
Iliinijl 11 i|i| ||||| iiii ||i in niiininiilllliiiiillinnnn i iniinniiiininnn iiiinn n l ll nun ill nil in l l ill 11 i mum
'unu'Tit'iMnifr N i iiiiiiiiii nil in nini Disposal
111 5629 Remediation and Other Waste Management
Illllllll Ii iiii illinium i luiiiiiii iiiiiiiiiiiiii i iiiiiiiiiiiiii i i i iiiii in i i i ii °
in I1 i Services
•lip III 111 III I I'll Iliiiii iiiiilinmllill iiii«jil|iiiiiiiiiiiiiii«« ill inniiniinininn i niiiini inn n in MI iiiiinn u i
il'i'l! Jillji,': | 'I, „ 56291 Rfimediation Services
'•if^StfcW •#•*»• ^^,!M|^^^TOV^'Facilities1
Kf'Wti ill-i'1'"1*",(' ,562998 '"'" Hllo7hVr"Miscellaneous"waste"Management
II, |; ,1;,!';;; 11U '! ||||||||1|M^ 'Siiniiiiilnif ninni s iiininiiinninn 'ii ,i» in, "i ( iiiinn , i:iininiii,,,i" n I'll,,'1 i"n ninn, ii!'" liiraniinni ' „,' ,i,;; i ' n ,,i S ,
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THIS PAGE INTENTIONALLY LEFT BLANK
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-------
APPENDIX C: TECHNICAL ASSISTANCE
-------
i. la Hill ' lliMllili
nil in ,i -pi' ii, iiiiii;:11''itri'i .mil;1 i. i1,
J;Hi!''In',, it" !„!!> i : !h!' l lii!
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•p1! ;v ii:":!'!!:!!!1"1 ^'I'siiif! iiniii
-------
APPENDIX C: TECHNICAL ASSISTANCE
WHERE CAN I GET HELP?
This appendix provides points of contact for the resources that are available to facilities
in complying with 40 CFR part 68 from EPA, OSHA, and several other entities involved
in process safety and risk management issues.
U.S. Environmental Protection Agency
Chemical Emergency Preparedness and Prevention Office
1200 Pennsylvania Ave, NW (Mailcode 5104)
Washington, DC 20460
(202) 260-8600
www.epa.gov/ceppo/
CEPPO administers the RMP program at the national level. The CEPPO
homepage on the Internet provides access to downloadable versions of numerous
risk management program documents, many of which are also available upon
request from the National Center for Environmental Publications and
Information, see below. For specific points of contact for EPA regional offices,
RMP implementing agencies, and Clean Air Act small business assistance
programs, check the CEPPO web site.
EPCRA/Superfund/RCRA/CAA Hotline
Toil-Free: (800) 424-9346
Local: (703)412-9810
TDD: (800)553-7672
TDDXocal: (703J412-3323
Monday - Friday, 9:00 am - 6:00 pm EST
www.epa.gov/epaoswer/hotline/index.htm
Questions or comments: epahotiine@bah.com
EPA's RCRA, Superfund, and EPCRA Hotline is a publicly accessible service
that provides up-to-date information on EPA programs. The Hotline responds to
factual questions on a variety of federal EPA regulations, including those
developed under Clean Air Act section 112(r). The Hotline also responds to
requests for individual copies of documents.
National Service Center for Environmental Publications
P.O. Box 42419
Cincinnati, OH 45242
Phone: (800)490-9198
Fax: (513)489-8695
www.epa.gov/ncepihom/
-------
Appendix C
Technical Assistance
C-2
" Li'ililli!'"™!!1""" ."[.I!'I!"'1';:!1" .1 •lITi', •!''
lll'l'l'l ,11 Till, I, Ill J"'!l|L|!!llli'!l i'l
Illlllllllll I III III 111 III II
omplimentary
IBI1!;,"!1!'" •: '<•%•}>'
wiii'lje referred
to> the National Technical Information Service (NTIS), the Government Printing
Office (GPO), or the Educational Resource Information Center (ERIC) to obtain
your documents at cost
National Technical Information Service
_ MI i iiiiiiii i nil i in in in i in n i i iiiiiii i i i i
Technology Administration
iiifl" („''" .ill"!' I!' I Ill ffj
U.S. Department of Commerce
•ri''-5285 Port Royal Road
,!|i||i|'' [,ir, • rliillilliiiiitii'iriilliiiiliiliijllll'ililliillillllii''i||||||||i|i!|'|||||||i jlllf11 X, ,,
' I1 'ill:',!"! I " i/
lllill',ill'l I'll IH, H" , , :.|.ll!,i' "
™ (§00) 553:6847 (tofl-fiee)
•'• MrpHone: (703) 487-4650 (local)
- Friday, 8:00 am - 8:00 pm EST
321-8547 (verify receipt at (703) 487-4679)
''Avww.niis.gov/
il: orders@ntis.fedworld.gov
illii' ""MUiiill lillill! '."•
The National Technical Information Service is the official resource for
,," I1'! I Pin1" ; Pl'ilhl ' nillHIIIiri!1' "Kip, JmilP'':'!,« 'mi PP'lliiillllll'iliipil' illlliiligillllllllp 'IS,:,,,: .I'll!!!!"'', IP',! ill,! Miliil'iailllBillliiWIlP™!* PI 'HI' H « jj E ' 3 « ' •" »»! *'f 'M ""!1H lwl11! ' V ''' ! "fi 'm"
government-sponsored U.S. and worldwide scientific, technical, engineering,
and business-related information. Documents not available through the EPA
I *l,! p'l,, il .'I* IT nilI'lllPili' ' !i{illii ' Ji'i' niiHipqiipiiiui: ''ppiiiiiiaii1' iiiu^^^^^^^ WIIIH^ M ," , , >' u,
Hotline are often available from NTIS. You can place your order by telephone,
mail, fax, or e-mail. NTIS also offers online ordering for products added to the
NTTS collection within the last 90 days using NTIS OrderNow.
+ EPA Small Business Assistance Program
www.epa.gov/ttn/sbap/
iniiiiii i ii i 11
The Clean Air Act Amendments of 1990 requires that all States develop a
program to assist small businesses in meeting the requirements of the Act. EPA
has established its own Small "Business"A ssistance'Plograni(SBAFji to provide
technical assistance^these^State smallbusiness programs. This site has been
developed to allow State and EPA programs to share information about their
small business assistance materials and activities.
EPA Small Business Hotline
Small Business Ombudsman Office
(800) 368-5888
Office of Air Quality Planning and Standards
www.epa.gov/oar/oaqps/
The Office of Air Quality Planning and Standards administers EPA's operating
.,,—««-j| pj.--^.^- jSg!i^-'g]^'— ^—,__^_ _^,^_._ ,„_ _^ ,_k_ ^
source complies with all applicable requirements. The RMP regulations are
considered to be an applicable requirement.
-------
C-3
Appendix C
Technical Assistance
Occupational Safety and Health Administration (OSHA)
OSHA administers the Process Safety Management Standard (29 CFR 1910.119), which
mandates actions similar to that of EPA's prevention program. In about half of the
states, OSHA programs are run by state agencies. For specific points of contact for
OSHA regional offices, OSHA state consultative programs, and OSHA state plan states,
see the OSHA web site.
4- Office of Information and Consumer Affairs
U.S. Department of Labor
RoomN3647
200 Constitution Avenue, NW
Washington, DC 20210
(202) 523-8151
www.osha.gov
+ OSHA Process Safety Management Homepage
www.osha-slc.gov/SLTC/processsafe1ymanagement/index.html
The PSM homepage on the Internet provides access to downloadable versions of
numerous process safety management documents.
4- OSHA Consultation Services
www.osha.gov/oshprogs/consult.html
Using a free consultation service largely funded by OSHA, employers can find
out about potential hazards at their worksites, improve their occupational safety
and health management systems, and even qualify for a one-year exemption from
routine OSHA inspections. Primarily targeted for smaller businesses, this safety
and health consultation program is completely separate from the OSHA
inspection effort.
+ OSHA Office of Training & Education
Head Registrar
OSHA Training Institute
Des Plaines, Illinois
(847) 297-4913
www.osha-slc.gov/Training/index.html
The OSHA Office of Training and Education offers short-term training through
the OSHA Training Institute. The Office also administers the OSHA Training
Institute Education Centers program, in which designated nonprofit
organizations in each federal region offer the most frequently requested courses
for the private sector and other Federal agency staff.
-------
111(11 I III III 111
II 111 111 I (Illlill
Hill
Appendix C
Technical Assistance C-4 ^_
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•f OSHA Voluntary Protection Program (VPP)
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•==:'£ ; •:. • =i±;;.;, j/::=:'*.. ;"J=.', = ^\ ;:' effective .safety and health management. In the VPP, management, labor, and
""»» '-' ' ' • ==- "s:' ";'-;'":'- T-^'-as i,!,,: i ; OSHA establish a cooperative rektionship at a workplace that has un
¥• :M i iiii' ..H 'i iiii'.ii::i;,,' 'Sinn • OSS'' mm , '•& m:.:;"'" a strong program.
',ii;iiii.y i 'iin', • ,ini' jjiit, ]. <. • ;,:ji,wi' i;iiji -*• " OSHA Publications Office
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The Publications Office provides single copies of various documents.
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This CD-ROM contains electronic copy of the text of all OSHA regulations,
selected documents, and technical information from the OSHA Computerized
' ' "" '" Information System.
Other Organizations
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345 E. 47th St
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(212) 705-7338
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I'lS IIPIp.'^ .!;!|||!|.4 IfS
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C-5
Appendix C
Technical Assistance
Center for Chemical Process Safety
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Technical Assistance
C-6
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APPENDIX D
OSHA GUIDANCE ON PSM
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APPENDIX D
OSHA GUIDANCE ON PSM
the following text is taken directly from OSHA's non-mandatory appendix C to the PSM
standard (29 CFR 1910.119). The only change has been to rearrange the sections to track the order of
part 68.
PROCESS SAFETY INFORMATION
Complete and accurate written information concerning process chemicals, process technology, and
process equipment is essential to an effective process safety management program and to a process
hazards analysis. The compiled information will be a necessary resource to a variety of users including
the team that will perform the process hazards analysis; those developing the training programs and the
operating procedures; contractors whose employees will be working with the process; those conducting
the pre-startup reviews; local emergency preparedness planners; and insurance and enforcement officials.
The information to be compiled about the chemicals, including process intermediates, needs to be
comprehensive enough for an accurate assessment of the fire and explosion characteristics, reactivity
hazards, the safety and health hazards to workers, and the corrosion and erosion effects on the process
equipment and monitoring tools. Current material safety data sheet (MSDS) information can be used to
help meet this requirement, which must be supplemented with process chemistry information including
runaway reaction and over pressure hazards if applicable.
Process technology information will be a part of the process safety information package and it is
expected that it will include diagrams as well as employer established criteria for maximum inventory
levels for process chemicals; limits beyond which would be considered upset conditions; and a
qualitative estimate of the consequences or results of deviation that could occur if operating beyond the
established process limits. Employers are encouraged to use diagrams which will help users understand
the process.
A block flow diagram is used to show the major process equipment and interconnecting process flow
lines and show flow rates, stream composition, temperatures, and pressures when necessary for clarity.
The block flow diagram is a simplified diagram.
Process flow diagrams are more complex and will show all main flow streams including valves to
enhance the understanding of the process, as well as pressures and temperatures on all feed and product
lines within all major vessels, in and out of headers and heat exchangers, and points of pressure and
temperature control. Also, materials of construction information, pump capacities and pressure heads,
compressor horsepower and vessel design pressures and temperatures are shown when necessary for
clarity. In addition, major components of control loops are usually shown along with key utilities on
process flow diagrams.
Piping and instrument diagrams (P&EDS) may be the more appropriate type of diagrams to show some of
the above details and to display the information for the piping designer and engineering staff. The
P&IDS are to be used to describe the relationships between equipment and instrumentation as well as
other relevant information that will enhance clarity. Computer software programs which do P&IDS or
other diagrams useful to the information package, may be used to help meet this requirement.
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Appendix D
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The information pertaining to process equipment design must be documented. In other words, what were
the codes and standards relied on to establish good engineering practice. These codes and standards are
published by such organizations as the American Society of Mechanical Engineers, American Petroleum
Institute, American .National Standards Institute, National Fire Protection Association, American Society
for Testing and Materials, National Board of Boiler and Pressure Vessel Inspectors, National Association
!;,rd£Corrosion_Engineers, American Society of Exchange Manufacturers Association, and model building
code groups. In addition, various engineering societies issue technical reports which impact process
;'i design. For example, the American Institute of Chemical Engineers has published technical reports on
topics such as two phase flow for venting devices. This type of technically recognized report would
constitute good engineering practice.
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For existing equipment designed and constructed many years ago in accordance with the codes and
standards available at that time and no longer in general use today, the employer must document which I
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SOflfig ^pJ^d^ffgjvej^u^e.d^n^L {^£j^g feign and construction along with the testing, inspection and
Operation are still suitable for the intended use. Where the process technology requires a design which
from the appUcable codes and standards, the employer must document that the design and
suitable fbj: the intended purpose.
PROCESS HAZARD ANALYSIS
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1 £& process hazard analysis (PHA), sometimes called a process hazard evaluation, is one of the most
.tjgjjpjjj.^jjjj 35nents of'the process safety management program. A PHA is an organised and systematic
i,,i effort toidentiaManaly^e^the significance of potential hazards associated w^ the processing or
[gprgloyees in making cfecisions for improving safety and reducing the consequences of unwanted or I
i t;f Jil:'ifill! fif'. •• • IPunplanneo! releases of'hazardous chemicals.
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"A PHA is directed toward analyzing potential causes and consequences of fires, explosions, releases of
ic or flammable chemicals and major spills of hazardous chemicals. The PHA focuses on equipment,
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utilities, human actions (routine and non-routine), and external factors that might impact
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~ . ___^,-M, ^ese consi(Jeratjons assist m determining the hazards and potential failure points or failure
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modes ui a process.
The selection of a PHA methodology or technique will be influenced by many factors including the
amount of existing knowledge about the process. Is it a process that has been operated for a long period
of time with little or no innovation and extensive experience has been generated with its use? Or, is it a
neW process or one which has been changed frequently by the inclusion of innovative features? Also, the
size and complexity of the process will influence the decision as to the appropriate PHA methodology to
use. All PHA methodologies are subject to certain limitations. For example, the checklist methodology
works well when the process is very stable and no changes are made, but it is not as effective when the
process has undergone extensive change. The checklist may miss the most recent changes and
consequently the changes would not be evaluated. AnotheFlimitatio^to^^ considered concerns the
assumptions made by the team or analyst. The PHA is dependent on good judgment and the assumptions
made during the study need to be documented and understood by the team and reviewer and kept for a
future PHA.
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D-3
Appendix D
OSHA Guidance on PSM
The team conducting the PHA need to understand the methodology that is going to be used. A PHA team
can vary in size from two people to a number of people with varied operational and technical
backgrounds. Some team members may only be a part of the team for a limited time. The team leader
needs to be fully knowledgeable in the proper implementation of the PHA methodology that is to be used
and should be impartial in the evaluation. The other full or part time team members need to provide the
team with expertise in areas such as process technology, process design, operating procedures and
practices, including how the work is actually performed, alarms, emergency procedures, instrumentation,
maintenance procedures, both routine and non-routine tasks, including how the tasks are authorized,
procurement of parts and supplies, safety and health, and any other relevant subject as the need dictates.
At least one team member must be familiar with the process.
The ideal team will have an intimate knowledge of the standards, codes, specifications and regulations
applicable to the process being studied. The selected team members need to be compatible and the team
leader needs to be able to manage the team and the PHA study. The team needs to be able to work
together while benefiting from the expertise of others on the team or outside the team, to resolve issues,
and to forge a consensus on the findings of the study and the recommendations.
The application of a PHA to a process may involve the use of different methodologies for various parts of
the process. For example, a process involving a series of unit operations of varying sizes, complexities,
and ages may use different methodologies and team members for each operation. Then the conclusions
can be integrated into one final study and evaluation.
A more specific example is the use of a checklist PHA for a standard boiler or heat exchanger and the use
of a Hazard and Operability PHA for the overall process. Also, for batch type processes like custom
batch operations, a generic PHA of a representative batch may be used where there are only small
changes of monomer or other ingredient ratios and the chemistry is documented for the full range and
ratio of batch ingredients. Another process that might consider using a generic type of PHA is a gas
plant. Often these plants are simply moved from site to site and therefore, a generic PHA may be used
for these movable plants. Also, when an employer has several similar size gas plants and no sour gas is
being processed at the site, then a generic PHA is feasible as long as the variations of the individual sites
are accounted for in the PHA.
Finally, when an employer has a large continuous process which has several control rooms for different
portions of the process such as for a distillation tower and a blending operation, the employer may wish
to do each segment separately and then integrate the final results.
Additionally, small businesses which are covered by this rule, will often have processes that have less
storage volume, less capacity, and less complicated than processes at a large facility. Therefore, OSHA
would anticipate that the less complex methodologies would be used to meet the process hazard analysis
criteria in the standard. These process hazard analyses can be done in less time and with a few people
being involved. A less complex process generally means that less data, P&DDS, and process information
is needed to perform a process hazard analysis.
Many small businesses have processes that are not unique, such as cold storage lockers or water
treatment facilities. Where employer associations have a number of members with such facilities, a
generic PHA, evolved from a checklist or what-if questions, could be developed and used by each
employer effectively to reflect his/her particular process; this would simplify compliance for them.
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I"
i'r|',j. I1! •!'''!'
i. Wi/i'l'ill "
Appendix D
OSHA Guidance on PSM
D-4
When the employer has a number of processes which require a PHA, me employer must set up a priority
system of which PHAs to conduct first. A preliminary or gross hazard analysis may be useful in
prioritizing the processes that the employer has determined are subject to coverage by the process safely
management standard. Consideration gjjQ^ljj gjlgj. £e given to those processes with the potential of
adversely affecting the largest number of employees. This prioritizing should consider the potential
severity of a chemical release,the number of potentially affected employees, the operating history of the
process such as the frequency of chemical releases, the age of the process and any other relevant factors.
, i.Sese factorewouldsuggest a ranking order and would suggest either using a weighing factor system or
a systematic ranking method. The use of a preliminary hazard analysis would assist an employer in
determining which process should be of the highest priority and thereby the employer would obtain the
greatest improvement in safety at the facility.
OPERATING PROCEDURES
I
Operating procedures describe tasks to be performed, data to be recorded, operating conditions to be
maintained, samples to be collected, and safety and health precautions to be taken. The procedures need
to be technically accurate, understandable to employees, and revised periodically to ensure that they
reflect current operations. The process safety information package is to be used as a resource to better
assure that the operating procedures and practices are consistent with the known hazards of the chemicals
in the process and that the pperating parameters are accurate. Operating procedures should be reviewed
by engineering staff and operating personnel to ensure that they are accurate and provide practical
instructions on how to actually carry out job duties safely.
Operating procedures will include specific instructions or details on what steps are to be taken or
followed in carrying out the stated procedures. These operating instructions for each procedure should
include the applicable safety precautions and should contain appropriate information on safety
implications. For example, the operating procedures addressing operating parameters will contain
operating instructions about pressure limits, temperature ranges, flow rates, what to do when an upset
condition occurs, what alarms and instruments are pertinent if an upset condition occurs, and other
subjects. Another example of using operating instructions to properly implement operating procedures is
jn. starting up or shutting down the process. In these cases, different parameters will be required from
those of normal operation. These operating instructions need to clearly indicate the distinctions between
sfarrup and normal operations such as the appropriate allowances for heating up a unit to reach the
normal operating parameters. Also the pperating instructipns need to describe the proper method for
increasing the temperature of the unit until ihe normal operating temperature parameters are achieved.
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Computerized process control systems add complexity to pperating instructions. These operating
instructions need to describe the logic of the software as well as the relationship between the equipment
and the control system; otherwise, it may not be apparent to the operator.
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Operating procedures and instructions are important for training operating personnel. The operating
procedures are often viewed as the standard operating practices (SOPs) for operations. Control room
personnel and operating staff, in general, need to have a full understanding of operating procedures. If
workers are not fluent in English then procedures and instructions need to be prepared in a second
language understood by the workers. In addition, operating procedures need to be changed when there is
a change in the process as a result of the management of change procedures. The consequences of
pperating procedure changes need to be fully evaluated and the information conveyed to the personnel.
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D-5
Appendix D
OSHA Guidance on PSM
For example, mechanical changes to the process made by the maintenance department (like changing a
valve from steel to brass or other subtle changes) need to be evaluated to determine if operating
procedures and practices also need to be changed. All management of change actions must be
coordinated and integrated with current operating procedures and operating personnel must be oriented to
the changes in procedures before the change is made. When the process is shutdown to make a change,
then the operating procedures must be updated before startup of the process.
Training in how to handle upset conditions must be accomplished as well as what operating personnel are
to do in emergencies such as when a pump seal fails or a pipeline ruptures. Communication between
operating personnel and workers performing work within the process area, such as non-routine tasks, also
must be maintained. The hazards of the tasks are to be conveyed to operating personnel in accordance
with established procedures and to those performing the actual tasks. When the work is completed,
operating personnel should be informed to provide closure on the job.
TRAINING
All employees, including maintenance and contractor employees, involved with, highly hazardous
chemicals need to fully understand the safety and health hazards of the chemicals and processes they
work with for the protection of themselves, their fellow employees and the citizens of nearby
communities. Training conducted in compliance with 1910.1200, the Hazard Communication standard,
will help employees to be more knowledgeable about the chemicals they work with as well as familiarize
them with reading and understanding MSDS. However, additional training in subjects such as operating
procedures and safety work practices, emergency evacuation and response, safety procedures, routine and
non-routine work authorization activities, and other areas pertinent to process safety and health will need
to be covered by an employer's training program.
In establishing their training programs, employers must clearly define the employees to be trained and
what subjects are to be covered in their training. Employers in setting up their training program will need
to clearly establish the goals and objectives they wish to achieve with the training that they provide to
their employees. The learning goals or objectives should be written in clear measurable terms before the
training begins. These goals and objectives need to be tailored to each of the specific training modules or
segments. Employers should describe the important actions and conditions under which the employee
will demonstrate competence or knowledge as well as what is acceptable performance.
Hands-on-training where employees are able to use their senses beyond listening, will enhance learning.
For example, operating personnel, who will work in a control room or at control panels, would benefit by
being trained at a simulated control panel or panels. Upset conditions of various types could be
displayed on the simulator, and then the employee could go through the proper operating procedures to
bring the simulator panel back to the normal operating parameters. A training environment could be
created to help the trainee feel the full reality of the situation but, of course, under controlled conditions.
This realistic type of training can be very effective in teaching employees correct procedures while
allowing them to also see the consequences of what might happens if they do not follow established
operating procedures. Other training techniques using videos or on-the-job training can also be very
effective for teaching other job tasks, duties, or other important information. An effective training
program will allow the employee to fully participate in the training process and to practice their skill or
knowledge.
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QSHA Guidance on PSM D-6
^iry^i^nployers need to periodically evahiate their training programs to see if the necessary skills, knowledge,
'•-":-~tSS. routines are being properly understood and implemented by their trained employees. The means or
|,^j ',',^f Tn^*S§£!&£!&fS£ ^yalugting the training should be developed along with the training program goals and
jssss iSas .§&;5lo5jec5ves. Training program evaluation will help employers to determine the amount of training their
::~"."gnployees'understood, and whether the desired results were obtained. If, after the evaluation, it appears
r^:.^! .!;;,; ;,i "that the trained employees are not at the level of knowledge and skill that was expected, the employer
5 frequent
;and those
training 550^3 ^so be consulted as to how best to improve the training process. If there is a language
iK |&ji)l15amer, the language known to the trainees should be used to reinforce the training messages and
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Careful consideration must be given to assure that employees including maintenance and contract
;.£mj>loyjees receive current and updated training. For example, if changes are made to a process, impacted
employees must be fj^Qg^f m me ci^geg Q^ understand me effects of Se changes on their job tasks
3S pertinent to their tasks). Additionally, as already discussed the
tion of training will certainly influence the need for training.
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MECHANICAL INTEGRITY
•• i -1 jBmgloyers will need to review ^ek maintenance grograrns and schedules to see if there are ^eas where
^reakSown" maintenance is used rather than an on-going mechanical integrity program. Equipment
used to process, store, or handle highly hazardous chemicals needs to be designed, constructed, installed
^.gg^cfe^BJggJs^. This requires that a mechanical
'6 in place to assure the continued integrity of process equipment.
',:iir^^^lemente of a mechanical integrity program include the identification and categorization of equipment
™M ""ind mstnune^tation, inspections and tests, testing and msgection frequencies, development of
="*Sarntcnance procedures, training of maintenance personnel, the establishment of criteria for acceptable
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||s| results, documentation of test and inspection results, and documentation of manufacturer
; for equipment and instrumentation.
The first line of defense an employer has available is to operate and maintain the process as designed,
, |nc| tjpJ&jgP the c§£rnicals contained. This Mne of defense is backed up by the next line of defense which
"• !-• ':|s tEe controiie2 release of chemipals tiirough venting to scrubbed or flares, or to surge or pverflow tanks
wEcE are cte'signeo! to receive such chemicals, etc. These lines of defense are the primary lines of
defense or means to prevent unwanted releases. The secondary lines of defense would include fixed fire
protection systems like sprinklers, water spray, or deluge systems, monitor guns, etc., dikes, designed
drainage systems, and offier systems which would control or mitigate hazardous chemicals once an
unwanted release occurs. These primary and secondary lines of defense are what the mechanical
integrity program needs to protect and strengthen these primary and secondary lines of defenses where
The first step of an effective mechanical integrity program is to compile and categorize a list of process
equipment and instrumentation for inclusion in the program. This list would include pressure vessels,
storage tanks, process piping, relief and vent systems, fire protection system components, emergency
shutdown systems and alarms and interlocks and pumps. For the categorization of instrumentation and
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D-7
Appendix D
OSHA Guidance on PSM
the listed equipment the employer would prioritize which pieces of equipment require closer scrutiny
than others.
Meantime to failure of various instrumentation and equipment parts would be known from the
manufacturer's data or the employer's experience with the parts, which would then influence the
inspection and testing frequency and associated procedures. Also, applicable codes and standards such as
the National Board Inspection Code, or those from the American Society for Testing and Material,
American Petroleum Institute, National Fire Protection Association, American National Standards
Institute, American Society of Mechanical Engineers, and other groups, provide information to help
establish an effective testing and inspection frequency, as well as appropriate methodologies.
The applicable codes and standards provide criteria for external inspections for such items as foundation
and supports, anchor bolts, concrete or steel supports, guy wires, nozzles and sprinklers, pipe hangers,
grounding connections, protective coatings and insulation, and external metal surfaces of piping and
vessels, etc. These codes and standards also provide information on methodologies for internal
inspection, and a frequency formula based on the corrosion rate of the materials of construction. Also,
erosion both internal and external needs to be considered along with corrosion effects for piping and
valves. Where the corrosion rate is not known, a maximum inspection frequency is recommended, and
methods of developing the corrosion rate are available in the codes. Internal inspections need to cover
items such as vessel shell, bottom and head; metallic linings; nonmetallic linings; thickness
measurements for vessels and piping; inspection for erosion, corrosion, cracking and bulges; internal
equipment like trays, baffles, sensors and screens for erosion, corrosion or cracking and other
deficiencies. Some of these inspections may be performed by state or local government inspectors under
state and local statutes. However, each employer needs to develop procedures to ensure that tests and
inspections are conducted properly and that consistency is maintained even where different employees
may be involved. Appropriate training is to be provided to maintenance personnel to ensure that they
understand the preventive maintenance program procedures, safe practices, and the proper use and
application of special equipment or unique tools that may be required. This training is part of the overall
training program called for in the standard.
A quality assurance system is needed to help ensure that the proper materials of construction are used,
that fabrication and inspection procedures are proper, and that installation procedures recognize field
installation concerns. The quality assurance program is an essential part of the mechanical integrity
program and will help to maintain the primary and secondary lines of defense that have been designed
into the process to prevent unwanted chemical releases or those which control or mitigate a release. "As
built" drawings, together with certifications of coded vessels and other equipment, and materials of
construction need to be verified and retained in the quality assurance documentation.
Equipment installation jobs need to be properly inspected in the field for use of proper materials and
procedures and to assure that qualified craftsmen are used to do the job. The use of appropriate gaskets,
packing, bolts, valves, lubricants and welding rods need to be verified in the field. Also, procedures for
installation of safety devices need to be verified, such as the torque on the bolts on ruptured disc
installations, uniform torque on flange bolts, proper installation of pump seals, etc. If the quality of parts
is a problem, it may be appropriate to conduct audits of the equipment supplier's facilities to better assure
proper purchases of required equipment which is suitable for its intended service. Any changes in
equipment that may become necessary will need to go through the management of change procedures.
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D-9
Appendix D
OSHA Guidance on PSM
are to be completed along with having the operating procedures in place and the operating staff trained to
run the process before startup. The initial startup procedures and normal operating procedures need to be
fully evaluated as part of the pre-startup review to assure a safe transfer into the normal operating mode
for meeting the process parameters.
For existing processes that have been shutdown for turnaround, or modification, etc., the employer must
assure that any changes other than "replacement in kind" made to the process during shutdown go
through the management of change procedures. P&EDS will need to be updated as necessary, as well as
operating procedures and instructions. If the changes made to the process during shutdown are significant
and impact the training program, then operating personnel as well as employees engaged in routine and
non-routine work in the process area may need some refresher or additional training in light of the
changes. Any incident investigation recommendations, compliance audits or PHA recommendations need
to be reviewed as well to see what impacts they may have on the process before beginning the startup.
COMPLIANCE AUDITS
Employers need to select a trained individual or assemble a trained team of people to audit the process
safety management system and program. A small process or plant may need only one knowledgeable
person to conduct an audit. The audit is to include an evaluation of the design and effectiveness of the
process safety management system and a field inspection of the safety and health conditions and
practices to verify that the employer's systems are effectively implemented. The audit should be
conducted or led by a person knowledgeable in audit techniques and who is impartial towards the facility
or area being audited. The essential elements of an audit program include planning^ staffing, conducting
the audit, evaluation and corrective action, follow-up and documentation.
Planning in advance is essential to the success of the auditing process. Each employer needs to establish
the format, staffing, scheduling and verification methods prior to conducting the audit. The format should
be designed to provide the lead auditor with a procedure or checklist which details the requirements of
each section of the standard. The names of the audit team members should be listed as part of the format
as well. The checklist, if properly designed, could serve as the verification sheet which provides the
auditor with the necessary information to expedite the review and assure that no requirements of the
standard are omitted. This verification sheet format could also identify those elements that will require
evaluation or a response to correct deficiencies. This sheet could also be used for developing the
follow-up and documentation requirements.
The selection of effective audit team members is critical to the success of the program. Team members
should be chosen for their experience, knowledge, and training and should be familiar with the processes
and with auditing techniques, practices and procedures. The size of the team will vary depending on the
size and complexity of the process under consideration. For a large, complex, highly instrumented plant,
it may be desirable to have team members with expertise in process engineering and design, process
chemistry, instrumentation and computer controls, electrical hazards and classifications, safety and health
disciplines, maintenance, emergency preparedness, warehousing or shipping, and process safety auditing.
The team may use part-time members to provide for the depth of expertise required as well as for what is
actually done or followed, compared to what is written.
An effective audit includes a review of the relevant documentation and process safety information,
inspection of the physical facilities, and interviews with all levels of plant personnel. Using the audit
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OSHA Guidance on PSM
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!• ^appliance withL the provisions ofthe standard and any other corporate policies that are relevant. For
j^3m|>le, t&e audit team, will review all aspects ofthe training program as part ofthe overall audit. The
i;^^fflS!3^SBview the written, training program for adequacy of content, frequency of training,
jiftfisiy-SSpss of training in terms of its goals and objectives as well as to how it fits into meeting the
its, documentation, etc. Through interviews, the team can determine the employee's
! SPLS—S™ 2£—:^$Qj?*°^^.$*i.dutittf:]i\3les.l emergency response assignments, etc.
. jinsp^ction, foejeam can observe actual practices such as safety and health policies,
edures, and wprkauttprization. practices. This approach enables the team to identify deficiencies
.and detennine,, where corrective actions or improvements are necessary.
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ofthe audit. It includes not only addressing the
, and documentation. The corrective action process
.y begins with a management review of the audit findings. The purpose of this review is to
determine what actions are appropriate, and to establish priorities, timetables, resource allocations and
'^jl'l^^q^uJrements and responsibilities. In some cases, corrective action may involve a simple change in
procedure or minor maintenance effort to remedy the concern. Management of change procedures need
to be used, as appropriate, even for what may seem to be a minor change. Many ofthe deficiencies can be
acted on promptly, while some may require engineering studies or in-depth review of actual procedures
ices. Sere may ^e instances where no action is necessary and this is a valid response to an
All actions taken, including an explanation where no action is taken on a finding, needs to
;e
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D-ll
Appendix D
OSHA Guidance on PSM
learn from past experiences and thus avoid repeating past mistakes. Some of the events are sometimes
referred to as "near misses," meaning that a serious consequence did not occur, but could have.
Employers need to develop in-house capability to investigate incidents that occur in their facilities. A
team needs to be assembled by the employer and trained in the techniques of investigation including how
to conduct interviews of witnesses, needed documentation and report writing. A multi-disciplinary team
is better able to gather the facts of the event and to analyze them and develop plausible scenarios as to
what happened, and why. Team members should be selected on the basis of their training, knowledge
and ability to contribute to a team effort to fully investigate the incident.
Employees in the process area where the incident occurred should be consulted, interviewed or made a
member of the team. Their knowledge of the events form a significant set of facts about the incident
which occurred. The report, its findings and recommendations are to be shared with those who can
benefit from the information. The cooperation of employees is essential to an effective incident
investigation. The focus of the investigation should be to obtain facts, and not to place blame. The team
and the investigation process should clearly deal with all involved individuals in a fair, open and
consistent manner.
EMPLOYEE PARTICIPATION
Section 304 of the Clean Air Act Amendments states that employers are to consult with their employees
and their representatives regarding the employers efforts in the development and implementation of the
process safety management program elements and hazard assessments. Section 304 also requires
employers to train and educate their employees and to inform affected employees of the findings from
incident investigations required by the process safety management program. Many employers, under then-
safety and health programs, have already established means and methods to keep employees and then-
representatives informed about relevant safety and health issues and employers may be able to adapt
these practices and procedures to meet their obligations under this standard. Employers who have not
implemented an occupational safety and health program may wish to form a safety and health committee
o! employees and management representatives to help the employer meet the obligations specified by this
v.jndjrd. These committees can become a significant ally in helping the employer to implement and
nuimain an effective process safety management program for all employees.
HOT WORK PERMIT
Non-routine work which is conducted in process areas needs to be controlled by the employer in a
consistent manner. The hazards identified involving the work that is to be accomplished must be
communicated to those doing the work, but also to those operating personnel whose work could affect
the safety of the process. A work authorization notice or permit must have a procedure that describes the
steps the maintenance supervisor, contractor representative or other person needs to follow to obtain the
necessary clearance to get the job started. The work authorization procedures need to reference and
coordinate, as applicable, lockout/tagout procedures, line breaking procedures, confined space entry
procedures and hot work authorizations. This procedure also needs to provide clear steps to follow once
the job is completed to provide closure for those that need to know the job is now completed and
equipment can be returned to normal.
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D-12
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CONTRACTORS
Employers who use contractors to perform work in and around processes that involve highly hazardous
chemicals, will need to establish a screening process so that they hire and use contractors who
acc-~J|gg-|gg "desired job tasks without cbm|M:6misirig the safety and health of employees at a facility.
For contractors, whose safety performance on the job is not known to the hiring employer, the employer
Hes"s~rates"arfd experience and should obtain contractor
t assiSe'matme contractor has the appropriate job skills,
knowledge and certifications (such as for pressure vessel welders). Contractor work methods and
experiences should be evaluated. For example, does the contractor conducting demolition work swing
loads over operating processes or does the contractor avoid such hazards?
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form their work safely. Considering that contractors often perform very
ii",t;!sj5<5cialized and potentially hazardous tasks such as confined space entry activities and non-routine repair
acSviHes it is quite important that their activities be controlled while they are working on or near a
covered process. A permit system or work authorization system for these activities would also be helpful
i of a work auSiorizafion i
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contract employee activities, and as a benefit the employer will have better coordination and more
management control over the work being performed in the process area. A well run and well maintained
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