United States
Environmental Protection
Agency
Office of Solid Waste
and Emergency Response
(5104)
EPA 550-B-99-004
January T999
www.epa.gov/ceppo/
xvEPA
RISK MANAGEMENT
PROGRAM GUIDANCE
FOR
WAREHOUSES
(40 CFR PART 68)
Chemical Emergency Preparedness and Prevention Office
Printed on recycled paper
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This document provides guidance to help owners and operators of stationary sources to
determine if their processes are subject to chemical accident prevention regulation under section
112(r) of the Clean Air Act and 40 CFR part 68 and to comply with regulations. This document
does not substitute for EPA's regulations, nor is it a regulation itself. Thus, it cannot impose
legally binding requirements on EPA, states, or the regulated community, and may not apply to a
particular situation based upon circumstances. The guidance does;not represent final agency
action, and EPA may change it in the future, as appropriate.
January 26, 1999
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January 26.1999
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TABLE OF CONTENTS
INTRODUCTION
CHAPTER 1 GENERAL APPLICABILITY
1.1 , Introduction - , ,
1.2 General Provisions - . 1-3
1.3 Regulated Substances and Thresholds ' . j_5
1.4 What is a Process '.' . • ' ' , ' • j 5
1.5 Threshold Quantity in a Process , 1-9
,1.6 Stationary Source ,-.:.. • 110
1.7 When Must You Comply . , j_14
1.8 Varying Inventories and Predictive Filing . : ": j..^
CHAPTER 2 APPLICABILITY OF PROGRAM LEVELS
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 Program3 , ' ' „ 2_1Q
2.5 Program 2 _•••.- . • 2 12
2.6 Dealing with Program Levels 2-12
2.7 Summary of Program Requirements , ' ' 2-15
CHAPTER 3 FIVE-YEAR ACCIDENT HISTORY
3.1 What Accidents Must Be Reported 3_j
3,2 What Data Must Be Provided _ 31
3.3 Other Accident Reporting Requirements 3.9
CHAPTER 4 OFFSITE CONSEQUENCE ANALYSIS
4.1 Worst-Case Release Scenarios .. - - , 4.4
4.2 Alternative Scenarios '."..'•' 4-13
4.3 Buildings 4_2Q
4.4 Estimating Offsite Receptors • 4-21
4.5 Documentation' 4-24
Appendix 4A Reference Tables of Distances and Tables of Data from the Offsite Consequence Analysis
Guidance - , 4 27
CHAPTER 5 MANAGEMENT SYSTEM
5.1 General Information (§ 68.15) "' 51
5.2 How to Meet the Management System Requirements , , . 5.]
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CHAPTER 6 PREVENTION PROGRAM (PROGRAM 2)
6.1 About the Program 2 Prevention Program 6-1
6.2 Safety Information (§ 68.48) 6-2
6.3 Hazard Review (§ 68.50) 6-7
6.4 Operating Procedures (§ 68.52) • 6_u
6.5 Training (§ 68.54) 6_15
6.6 Maintenance (§ 68.56) 6-17
6.7 Compliance Audits (§ 68.58) 6.2
6.8 Incident Investigation (§ 68.60) g_2i
6.9 Conclusion g 24
CHAPTER? PREVENTION PROGRAM (PROGRAM 3)
7.1 Prevention Program 3 and OSHA PSM - 7_1
7.2 Process Safety Information (§ 68.65) 7-3
7.3 Process Hazard Analysis (§ 68.67) 7-5
7.4 Operating Procedures (§ 68.69) 7
7.5 Training (§68.71) • 7.j"0
7.6 Mechanical Integrity (§ 68.73) 7-10
7.7 Management of Change (§68.75) 7-11
7.8 Pre-Startup Review (§68.77) 7_13
7.9 Compliance Audits (§ 68.79) 7_13
7.10 Incident Investigation (§68.81) 7_13
7.11 Employee Participation (§ 68.83) 714
7.12 Hot Work Permits (§68.85) 7^5
7.13 Contractors (§ 68.87) 7^15
CHAPTER 9 EMERGENCY RESPONSE
x
8.1 Non-Responding Sources (§ 68.90(b)) g.j
8.2 Elements of an Emergency Response Program (§68.95) g-2
8.3 Developing an Emergency Response Program g_g
8,4 Integration of Existing Program g_9
8.5 Am I Already in Compliance 8.9
8.6 Coordination with Local Emergency Planning Committees 8-12
CHAPTER 9 RISK MANAGEMENT PLAN (Part 68, SubpartG)
9.1 Elements of the RMP 9_}
9.2 RMP Submission ' 9-2
9.3 Issues Pertaining to Submission of and Access to Confidential Business Information and Trade
Secrets 9-3
9.4 Resubmission and Updates 9-3
January 26.1999
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• , 111
CHAPTER 10 IMPLEMENTATION
10.1 Implementing Agency 10-
10.2 Reviews/Audits/Inspections (§68.220) 102
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 Basic Rules 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 PART 68
APPENDIX B SELECTED NAICS CODES ,
APPENDIX C EPA REGIONAL CONTACTS
APPENDIX D OSHA CONTACTS ,
APPENDIX E TECHNICAL ASSISTANCE
APPENDIX? OSHA GUIDANCE ON PSM
January 26, 1999
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IV
LIST OF EXHIBITS
LIST OF BOXES AND EXHIBITS
IN RMP GUIDANCE
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
CHAPTERS
Exhibit 3-1
CHAPTER4
Exhibit 4-1
Exhibit 4-2
Exhibit 4-3
Exhibit 4-4
Exhibit 4-5
Exhibit 4-6
CHAPTERS
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
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
Atmospheric Stability Classes
Examples of Regulated Toxic Substances in Warehouses
Examples of Regulated Flammable Substances in Warehouses
Required Parameters for Modeling
Predicted Distances to Toxic Endpoints for Regulated Toxic Materials
Predicted Distances to Toxic Endpoints for Regulated Toxic Materials
Predicted Distances to Toxic Endpoints for Regulated Toxic Materials
Sample Management Documentation
Summary of Program 2 Prevention Program
Safety Information Requirements
Codes and Standards
Sample Safety Information Sheet
Hazard Review Requirements
Sample Checklist
Operating Procedures Requirements
Training Chart
Maintenance Guidelines
Sample Audit Checklist for Safety Information and Hazard Review
Incident Investigation Requirements
Sample Incident Investigation Format
Januar> 26.1999
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CHAPTER 7
Exhibit 7-1 Comparable EPA and OSHA Terms
Exhibit 7-2 Summary of Program 3 Prevention Program
Exhibit 7-3 Process Safety Information Requirements
Exhibit 7-4 Process Hazard Analysis Requirements
Exhibit 7-5 Operating Procedures Requirements
Exhibit 7-6 Mechanical Integrity. Chart
Exhibit 7-7 Management of Change Requirements
Exhibit 7-8 Pre-startup Review Requirements
Exhibit 7-9 Incident Investigation Requirements
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
CHAPTERS
Exhibit 8-1 Federal Guidance on Emergency Planning and Response
Exhibit 8-2 Federal Emergency Planning Regulations
CHAPTER 9
Exhibit 9-1 RMP Updates
CHAPTER11
Exhibit 11-1 Seven Cardinal Rules of Risk Communication
LIST OF BOXES
INTRODUCTION -
State Programs
If You Are New to Regulations
What Is a Local Emergency Planning Committee?
CHAPTER 1
Qs and As: Stationary Source
Aggregation of Substances
Qs and As:. Threshold Determinations
Qs and As: Consideration of Products
Qs and As: Stationary Source
Qs and As: Compliance Dates ,
CHAPTER 2
Q and A: Process and Program Level
Qs and As: Public Receptors ,
January 26, 1999 ,
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VI
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
CHAPTER 4
RMP*Comp
How to Obtain Census Data and Landview
How to Obtain USGS Maps
CHAPTERS
Q and A: Audits
CHAPTER?
Q and A: Implementation and Program Level
Qs and As: Process Safety Information
Qs and As: Offsite Consequences
CHAPTERS
What Is a Response
What Is a Local Emergency Planning Committee? . - .
Qs and As: Emergency Response and Warehouses
Planning for Flammable Substances
CHAPTER9
QandA: Revising a PHA
CHAPTER 10
Qs and As: Delegation
Qs and As: Audits
CHAPTER 11
What Does Your Worst-case Release 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, Will Everyone Within That Distance Be Hurt? What about Property Damage?
How Sure Are You of Your Distances?
What Are You Doing to Prevent Releases?
What Are You Doing to Prepare for Releases?
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?
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Vll
What Actions Have You Taken to Involve the Community in Your Accident Prevention and Emergency
Planning Efforts? . . 6 y
Can We See the Documentation You Keep on Site?
January 26, 1999
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VIII
January 26.1999
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ix
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.and covered
by this document. 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 I of this
guidance and in 40CFR 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 E,
Technical Assistance, for other sources of information and Appendix Cfor EPA Regional
and State contacts).
Category
Warehouses
NAICS
Codes
,49311
49312
49319
SIC
Codes
4225
4222
4226
Examples of Potentially Regulated Entities
General warehousing and storage
Refrigerated warehousing
Other warehousing and storage
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January 26,1999
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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
+ 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. .
January 25, 1999
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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 have any
regulated substances
above a threshold quantity
in a process?
Yes
You are subject
to the rule.
Assign Program levels to
covered processes
(see Exhibit 2-1)
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• Chapter 1
!-3- ' ' 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 ''''•.
f •
"An individual, corporation, partnership, association, State, municipality, political
subdivision of a state, and any agency, department, of 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 •. - • .
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.
TRANSPORTATION ACTIVITIES
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, 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 quantity unloaded. Some issues
related to transportation are still under discussion with DOT. -
January 25, 1999
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Chapter 1
General Applicability
1-4
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 (NAICS) 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.
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.
RELATIONSHIP TO OSHA PROCESS SAFETY MANAGEMENT STANDARD EXEMPTIONS
The OSHA Process Safety Management (PSM) standard exempts substances used
solely as a fuel if such substances are not part of a process containing another
regulated substance and flammable substances stored in atmospheric storage tanks.
(Other OSHA exemptions are not relevant to warehouses.) 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. Consequently, EPA covers substances used as fuel and
substances stored in atmospheric storage tanks if there is more than a threshold
quantity in a process.
1.3 REGULATED SUBSTANCES AND THRESHOLDS
i ' ' .
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.
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
January 25.1999
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1-5 ' • General A
Chapter 1
it\
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 the mixture .
meets the criteria for the National Fire Protection Association's (NFPA) 4 rating.
1.4 WHAT IS A PROCESS
The concept of "process" is key to whether you are subject to this rule. Process is
defined as: •
"Any activity involving a regulated substance, including any use, storage,
manufacturing, handling or on-site movement of such substances or any 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" means a reactor, tank, drum, barrel, cylinder, vat, kettle, boiler; pipe, hose, or
other container.
The definition of process is identical to the definition of process under the OSHA
f PSM standard. It is important in determining whether you have a threshold quantity
of a regulated substance and what the levelof 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
for1 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.
WAREHOUSES AS A SINGLE PROCESS
Because warehouses usually consist of one large storage area, even if subdivided, and
because you are likely to have the same prevention practices for the entire warehouse
you should generally consider the warehouse building a single process. If you store ',
chemicals outside the warehouse, they may be considered a separate process. The
issue you will have to decide is whether you have more than a threshold quantity of a
regulated substance to determine whether your warehouse building is a covered
process. Co-location, discussed below, will probably be the key issue in. determining
whether your warehouse is a covered process and, if so, which chemicals must be
included in your risk management program. ,
January 25, 1999
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Chapter 1
General Applicability 1-6
SINGLE VESSELS
As a warehouse, you are unlikely to have a single storage tank of any regulated
substance holding more than a threshold quantity unless you are using propane as a
fuel or repackage chemicals. If you have a tank and it is the only place you have a
regulated substance, you need not worry about the other possibilities for defining a
process and can skip to the next section.
CO-LOCATION
You must consider 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 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:
+ Would a release from one of the containers lead to a release from the other?
For example, if a cylinder of propane were to rupture and burn, would the fire
spread to other propane cylinders?
4- Would an event external to the containers, such as a fire or explosion, 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. Fpr 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 or by group occupancy rooms
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 department will be able to prevent any spread. You should ask yourself how
far the fire would spread if the worst happens — the fire department is slow to arrive,
the water supply fails, or the fire department decides it is safer to let the fire burn itself
out. If you have vessels that, when taken together, could release more than a threshold
quantity in such worst-case circumstances, you should count them as a single process.
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Chapter 1
1-7 - General Applicability
INTERCONNECTED VESSELS
Interconnection is unlikely to be applicable to warehouses. In general, if you have two
or more vessels that contain a regulated substance and are connected through piping or
hoses for the transfer of'the regulated substance, you must consider the total quantity
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 then removed, 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, you could lose the total quantity in both tanks.
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.
PROCESSES WITH MULTIPLE CHEMICALS
When you are determining whether you have a covered process, you should not limit
your consideration to'units that have the same regulated substance. A covered process
includes any units that 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
vessels with the first substance may be part of the process involving the other 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
A pounds of flammable liquids and are covered by the PSM standard. Under EPA's
rule, 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). ,
January 25, 1999
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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
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
±9 General Applicability
1.5 THRESHOLD QUANTITY IN A PROCESS
The threshold quantity for each regulated substance is listed 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 this1 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.
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.
January 25, 1999
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Chapter 1
General Applicability
1-10
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 containers as one process,
you must determine the maximum quantity for each container and sum the quantities
of all such containers.
Qs and As
THRESHOLD DETERMINATIONS
Q. I store several different flammable liquids and products that contain flammable liquids. Do I
combine them or consider each separately?
A. You must estimate the quantity of each separate listed flammable liquid.
Q. How far apart do containers 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 containers 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 containers 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).
QUANTITY OF A SUBSTANCE IN A MIXTURE
Toxics WITH LISTED CONCENTRATION
Four toxic substances have listed concentrations in the rule: hydrochloric acid — 37
percent or greater; hydrofluoric acid — 50 percent or greater; nitric acid — 80 percent
or greater; and ammonia — 20 percent or greater.
: ' '
+ ' If you have these substances in solution and their concentration is less that the
listed concentration, you do not need to consider them at all.
+ 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
January 25,1999
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" i . •''.'' . Chapter 1
1-H General Applicability
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
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 lOmmHg, 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.
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 burn readily
'. • '. This degree usually includes: ,
FLAMMABLE GASES
Flammable cryogenic materials
. Any liquid orgaseous 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."
You do not need to consider gasoline, when in distribution or related storage for use
as fuel for internal combustion engines when you determine the applicability of the
rule.
January 25, 1999
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Chapter 1
General Applicability 1-12
Qs and As
CONSIDERATION OF PRODUCTS
Q. We frequently store large numbers of bottles of household ammonia and bleach. Do I have to
figure out the percentage of ammonia or chlorine in each bottle?
A. No. Household ammonia (as a consumer product) does not meet the concentration threshold of 20
percent. Unless the concentration of ammonia in solution is 20 percent or greater, you do not need to
consider the solution in your threshold determinations. Household bleach is usually a solution of
water and sodium hypochlorite. Because the latter is not a listed substance, you do not need to
consider it.
Q. We store consumer products that use butane as a propellant. Each product only has a few ounces
of butane. Do we need to estimate the total amount of butane in all the products?
A. Yes. As long as the butane is released from the product in normal use, you must estimate the
amount of the regulated substance present.
EXCLUSIONS (§ 68.115)
The rule has a number of exclusions that allow you to ignore certain sources 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.
ARTICLES (§ 68.115(b)(4))
You do not need to include in your threshold calculations any manufactured item (as
defined under 29 CFR 1910.1200(b)) that:
4- Is formed to a specific shape or design during manufacture,
4- Has end use functions dependent in whole or in part upon the shape or design
during end use, and
4- 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;
January 25.1999
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Chapter 1
]-13 ' , General Applicability
Use by employees of foods, drugs, cosmetics, or other personal items
containing the regulated substances; and
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.
-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.
SIMPLE SOURCES
For most facilities covered by this rale, 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 rale and file a single RMP for all covered processes.
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?
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 31 3 (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.
January 25, 1999
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Chapter 1
General Applicability 1-14
Another possibility is that one company owns the land and operates there while
leasing part of the site taa 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.
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 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 MUST YOU COMPLY
/ ' i
Prior to June 21,1999, if you determine that you have a covered process, you must
comply with the requirements of part 68 no later than June 21,1999. This means that
if you have the process now or start it on June 1, 1999, you must be in compliance
with the rule on June 21, 1999. By that time you must have developed and
implemented all of the elements of the rule that apply to each of your covered
processes, and you must submit an RMP to EPA in a form and manner that EPA will
specify prior to that time.
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 a more than a threshold quantity of a regulated substance in a
process.
January 25.1999
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EXHIBIT 1-3: STATIONARY SOURCE
Schematic Representation
Description
Interpretation
ABC Chemicals
General Chemicals Division
ABC Chemicals
Plastics Division
ABC Chemicals
Agricultural Chemicals Division
same owner
same,.industrial group
1 stationary source
1 RMP
ABC Chemicals
. ABC Chemicals
XYZ Gases
two owners
2 stationary sources
2 RMPs
1 ABC
i XYZ
ABC Chemicals
ABC Refinery
two owners
three industrial groups
XYZ Gases
3 stationary sources
1 ABC Chemicals
1 ABC Refinery
1 XYZ Gases
ABC Chemicals
ABC-MNO Joint-Venture
two owners
2 stationary sources
2 RMPs
same owner
ABC Products /
/ -.„
• Building owned by E
Farm Chemicals Inc.
1
mr
i
AB^
" Chemicals
nin n n
ABC Products
Jrown Properties
Brown Property offices
_/'
"1 Flip
7
Pet Supply Storage
(no regulated substances)
same industrial group
contiguous property
two owners
i oiauuilmy oUUlCe
1 RMP
2 stationary sources
2 RMPs
1-ARP Phomiralo
1 Farm Chemicals
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Chapter 1
General Applicability 1-16
Q and A
STATIONARY SOURCE
Q. If I lease space in another building and store regulated substances above their thresholds there,
must I file a separate RMP for them?
A. Yes, if the other building is a separate stationary source (i.e., it is not contiguous to the property
where your warehouse is) you must file a separate RMP.
1.8 VARYING INVENTORIES AND PREDICTIVE FILING
As a warehouse owner, the main problem you are likely to face as you determine
whether you are covered by this rule is that your inventory changes frequently. There
may be periods when you have no regulated substances and other periods when you
have several. Determining your applicability under this rule on a day-to-day basis
may be difficult, and in some cases, impossible. One way to deal with this difficulty
is to use predictive filing.
Predictive filing is an option that allows you to submit an RMP that includes regulated
substances that may not be held at the facility at the time of submission. This option
is intended to assist facilities such as chemical warehouses, chemical distributors, and
batch processors whose operations involve highly variable types and quantities of
regulated substances, but who are able to forecast their inventory with some degree of
accuracy. Under § 68.190, you are required to update and re-submit your RMP no
later than the date on which a new regulated substance is first present in a covered
process above a threshold quantity. By using predictive filing, you will not be
required to update and re-submit your RMP when you receive a new regulated
substance if that substance was included in your latest RMP submission (as long as
you receive it in a quantity that does not trigger a revised offsite consequence analysis
as provided in § 68.36).
To use predictive filing, review your inventories over the past several years and talk
with your main customers to determine, to the extent possible, the kinds of materials
they are planning to store at your facility. If at some point during a year you normally
receive enough vessels (drums, barrels, cylinders) to exceed a threshold quantity of a
particular substance, list it on your registration in June 1999 even if you do not have it
on the day you submit. If it appears, over time, that your customers will not be using
your warehouse to store the substance again, you can deregister it later. In the short
run, you will be safer listing too many substances, than too few, because this approach
Will limit the need to resubmit your RMP every time your inventory changes.
\
If you have flammable mixtures at your warehouse, you may want to register them as a
class rather than listing each co'vered flammable substance. This approach will assure
that you are in compliance with the registration requirements while limiting the effort
you need to make to identify the specific substances.
January 25.1999
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Chapter 1
1-17- •- General Applicability
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
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 this
option, you must still update and resubmit your RMP if you receive a regulated
substance that was not included in your latest RMP. This approach will not "
completely eliminate the need to update your RMP, but should limit the frequency of
updates. If you use this option, you must still comply with the other update
requirements stated in § 68.190. RMPs must be updated when you:
+ Add a new regulated substance above its threshold (i.e., one not already
reported in your latest predictive RMP submission);
i • . - - -" •
+ Add a new covered process; .
+ Have the program level of the process change (see Chapter 2);'
+ Make a major change that requires a revised PHA or hazard review (see
Chapters 6 and 7); or, ,
+ Make a change that changes the distance to endpoint for a worst-case release
by a factor of two or more.
Listing all the regulated substances you think you are likely to handle will mean more
work initially (primarily more alternative release scenarios), but will limit the need for
updates. As a rule of thumb, you will need to increase or decrease the quantity of a *
chemical in the single largest vessel by a factor of five or more to change the distance
to an endpoint by a factor of two.
Predictive filing will work best when you simply store'chemicals. If you repackage
chemicals, you will need to complete prevention program information for each
repackaging process. If you can predict which regulated substances you will
repackage and can establish your prevention program, you can file predictively for that
process. If, however, you have listed a regulated substance in your RMP based on
expected storage, but you subsequently begin to repackage as well as store the
chemical, you will need to update the RMP to reflect the new process.
January 25, 1999
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Chapter 1
General Applicability
1-18
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 new covered process after the initial compliance date, you must be in compliance on the date
you first have a regulated substance above the threshold quantity in that process. There is no grace
period. You must develop and implement all the applicable rule elements 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. I store 1-ton cylinders of chlorine. If I normally have 20 cylinders located together on site and
register that quantity, do I need to update my RMP if I increase the number of cylinders to 200? How
does this affect my worst-case scenario?
A. You do not necessarily need to update the RMP simply to reflect the higher quantity of chlorine.
In this case, because you have not changed the size of your single largest vessel, your worst-case
release scenario will not change. You will update the quantity information on your next scheduled
update.
Q. I have stored 1 -ton cylinders of chlorine together. Because of customer demand, I have started
repackaging and have a tank with 40,000 pounds of chlorine. Do I need to update the RMP?
A. Yes, for two reasons. First, if the tank is a new process, you must update your RMP immediately;
if it is part of an existing process, you must update within 6 months. Second, the 40,000-pound tank
may result in the distance to endpoint for your worst-case release increasing by more than a factor of 2.
If this is the case, you will need to update that change as well.
January 25,1999
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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
imposes different requirements on processes based on the potential for public impacts
and the level of effort needed to prevent accidents. EPA has set three levels of
requirements that apply to covered processes:
Program 1: Processes with no public receptors within the distance to the
endpoint from aworst-case release and with no accidents with specific offsite
consequences within the past five years are eligible for Program 1, which
.imposes minimal requirements on the process.
Program 2: Processes not eligible for Program 1 or subject to Program 3 are
, placed in Program 2, which imposes a streamlined prevention program.
Program 3: Processes not eligible for Program 1 and either subject to
OSHA's PSM standard under; federal or state OSHA programs or in ten
specified North American Industry Classification System (NAICS) codes are
placed in Program 3, which imposes the OSHA PSM program as the
prevention program.
If you can qualify a process for Program 1, it is in your best interests to do so even if
the process is already subject to OSHA PSM. For Program 1 processes, the
implementing agency will inspect and enforce only on compliance with 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 inspect or enforce for compliance
with 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 determining program levels for your process(es), keep in mind the following:
(1) The program levels apply to individual processes and generally indicate
the risk management measures necessary to comply with this regulation for
the process, not the facility as a whole. The eligibility of one process for a
program level does not influence the eligibility of other covered processes for
other program levels. .
(2)' Any process can be eligible for Program 1, even if it is subject to OSHA
PSM or is in one of the NAICS codes.
January 25, 1999
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EXHIBIT 2-1
EVALUATE PROGRAM LEVELS FOR COVERED PROCESSES
Are public receptors
within the distance to
the endpoint for a
worst-case release?
Is the process
subject to the OSHA
PSM Standard?
Is the process
classified in one of the
listed NAICS codes?
Have offsite
impacts occurred due
to a release of a
regulated substance
from the process?
•No-*
Process
Subject to
Program
Level 2
Process
Eligible for
Program
Level 1
Process
Subject to
Program
Level 3
-------
• • Chapter 2
2-3 " Applicability of Program Levels
(3) Program 2 is the default program level. There are no "standard criteria"
for Program 2. Any process that does not meet the eligibility 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
tor Program l.then the entire process must be assigned to Program 2 or Program 3.
^"""^""^^^"^^^^^"""^^^^•^^•""•^••••B
2.2 PROGRAM 1
WHAT ARE THE ELIGIBILITY REQUIREMENTS?
Your process is eligible for Program 1 if:
(1) There are 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 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.)
WHAT Is A PUBLIC RECEPTOR?
The rule defines public as "any person who is not 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.
January 25, 1999
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Chapter 2
Applicability of Program Levels 2-4
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.
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 of
business hours."
For most facilities, the meaning of the definition of public receptor is straightforward.
If you restrict access to your property at all times, public receptors are any occupied
buildings or public gathering areas beyond your boundaries. Access restrictions
include precautions such as a fully fenced site, security guards on duty at a reception
area, or ID badges necessary to gain entry.
If you have unrestricted sections of your site that are predictably used by the public
(e.g., ball fields or picnic areas), then these sections would also be considered public
receptors. Neighboring businesses, whether commercial or industrial, are considered
public receptors, as are residences, institutions such as hospitals, schools, prisons,
marinas and airport terminals, public and private parking lots, golf courses, transit
stations, and toll booth plazas for roads and bridges. The ability of others to restrict
access to an area does not change its status as a public receptor.
Not all areas offsite are public receptors. Public roads and bridges are not considered
public receptors. For other areas, you need to make a reasonable determination as to
whether the public is likely to inhabit or occupy an offsite area. For example, a
facility located in a remote mountainous area surrounded by unimproved forest might
reasonably determine that the surrounding land is not a public receptor, even if it is
infrequently traversed by hunters or fishermen. If a remote facility borders a park or
wilderness area, the parts of the park, such as the campground, picnic area, or hiking
trails that are likely to be occupied by the public, even if only seasonally, would be
considered public receptors. Farm land may or may not be a public receptor. If farm
workers are usually present, the farm land is a public receptor. If, however, the farm
or ranch land is rarely occupied by workers, it may not 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 local emergency planning officials, local or state
authorities, the land owners, and your implementing agency for guidance on whether
such areas should be considered as public receptors.
WHAT Is A DISTANCE TO AN ENDPOINT FROM A WORST-CASE RELEASE?
The rule establishes "endpoints" for each substance and defines a worst-case release
scenario (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
total contents of your largest vessel) and either use EPA's guidance or conduct
modeling on your own to determine the distance to the endpoint. Beyond that point,
the effects on people are not considered to be severe enough to merit the need for
additional action under this rule.
Januajy25.1999
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2-5-
jfPr
Chapter 2
-am Levels
Qs&As
PUBLIC RECEPTORS
Q. My processes are fenced, but my offices and parking lot for customers are not restricted What is
considered offsite? , '
A. The unrestricted areas would be considered potential public receptors.
Q. What is considered a recreational area? '
A: Recreational areas would include most bodies of waters (oceans, lakes, rivers, and streams)
because they are used for fishing, swimming, or boating. Areas that are predictably used by hunters
fishermen, bird watchers, children, bike riders, or hikers would be considered recreational areas Areas
where there are places for public to gather (e.g., ball fields, picnic tables, jungle gyms hiking paths
campsites) would be considered recreational areas. Even if an area is only used during certain parts' of
the year for recreation, it would still be considered a recreational area. EPA recognizes that some
judgment is involved in determining whether an area should be considered a public receptor You are
responsible for making a reasonable judgment. If you have doubts about whether an area can be
egitimately excluded from consideration as a public receptor, EPA encourages you to consult with
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. If your facility is surrounded by
undeveloped land, you may also want to consult with the land owner.
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 nearyour property
both the houses and their yards are considered public receptors because it is likely the people will be
present in both at times and would be in more danger if they were outside when a release occurred If
the owner of a neighboring property restricts access to the land, the question you will need to consider
is whether that land is generally unoccupied. If your site abuts farm land where farm workers are
generally present, it is considered a public receptor. If the land is undeveloped or rarely has anyone on
it, but you are uncertain about whether to consider it a public receptor, you should talk with the
landowner and the community to reach an agreement on 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.
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 any public receptors within that area, your process is not eligible for Program
January 25. 1999
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Chapter 2
Applicability of Program Levels
2-6
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 these distances and
document that these two points (which are about 100 feet apart) differ.. Civilian GPS systems
generally have a margin of error of 100 meters (about 0.05 miles).)
ACCIDENT HISTORY
To be eligible for Program 1, no release of the regulated substance from the process
can have resulted in 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 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 OSHA regulations for
the keeping of the employee injury and illness logs and should be familiar to most
employers. Medical treatment is further defined as treatment, other that 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.
WHAT is AN ENVIRONMENTAL RECEPTOR?
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.
January 25.1999
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Chapter 2
2-7 : Applicability of Program Levels
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: . '
+ Collection and disposal of dead animals and contaminated plant life;
+ Collection, treatment, and disposal of soil;
+ , Shutoff of drinking water; ,
+ Replacement of damaged vegetation; or
+ Isolation of a natural area due to contamination associated with an accidental
release.
If an impact occurs, such damaged vegetation, and no steps are taken to replace the
vegetation, the process remains eligible for Program 1.
Q&A
ENVIRONMENTAL RECEPTORS
Q. Do environmental receptors include areas that are not Federal Class I areas under the CAA?
CA, , ln Pan 68 1S n0t related t0 *« Federal Class I areas under
CAA section 162 under Part 68, naUonal parks, monuments, and wilderness areas are not limited by
size criteria. In addition, other areas are covered; for example, national forests and state parks
monuments, and forests are environmental receptors. - .
DOCUMENTING PROGRAM 1 ELIGIBILITY
As part of your risk management program, you must keep records of your compliance
with this requirement. For each Program 1 process, your records should include the
following:
+ The worst-case release scenario, which shall include a description of the
vessel or pipeline and substance selected as worst case, assumptions and
parameters used, and the rationale for selection.
January 25, 1999
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Chapter 2
Applicability of Program Levels
2-8
Qs&As
ACCIDENT HISTORY
Q. What is the relationship between the accident history 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. Although both cover the previous five years, the accidental release criteria for Program 1 and the
general accident history for the source are different.
+ 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 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, sheltering-in-place, and evacuations are not relevant. Therefore, it is
possible that a process eligible for Program 1 may 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 the specified consequences.
Q. A process involving a regulated substance had an accidental release with offsite consequences
two years ago. The process has been shutdown. 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 processes that have more than a threshold quantity of a regulated
substance on the date you file your RMP.
4-
•f
Assumptions shall include use of any administrative controls and any passive
mitigation that were assumed to limit the quantity that could be released;
Documentation of estimated quantity released, release rate, and duration of
release;
The methodology used to determine distance to endpoints;
Data used to determine that no public receptor would be affected;
Information on your coordination with public responders.
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Chapter 2
2-9 Applicability of Program Levels
2.3 QUICK RULES FOR DETERMINING PROGRAM 1 ELIGIBILITY
You generally .will not be able to predict with certainty that the worst-case analysis for
a particular process will be eligible 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 inhelping you to decide whether to carry
out analyses of processes to determine Program 1 eligibility (accident history criteria
* . must be met separately).
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 using EPA's required v
worst-case assumptions is unlikely to be less than the distance to public receptors
unless your site is very remote; these distances will generally be several miles In
some cases, however, toxic gases in processes in enclosed areas may be eligible for
Program 1. .
Toxic LIQUIDS
The distance to the endpoint from the worst-case analysis for 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 >/2 mile)
such processes may be eligible for Program 1. Warehouses in highly developed areas
are unlikely to meet this criterion for most toxic liquids; it will be more relevant to
remotely located warehouses or warehouses found near the center of large acreage
sites. Substances that are potential candidates to be in processes that are eligible for
Program 1 are noted below.
For processes containing toluene diisocyanate (including toluene 2,4-diisocyanate
toluene 2,6-diisocyanate, and unspecified isomers) or ethylene diamine, the analys'is 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, 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:
,+ Chloroform
+ Cyclohexylamine ' - . , '
+ Hydrazine
+ Isobutyronitrile ' .
+ Isopropyl chloroformate
+ Oleum
+ Propylene oxide ;
January 25. 1999 '
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Chapter 2
Applicability of Program Levels 2-10
4- Titanium tetrachloride
•f 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, warehouse in developed areas are highly
unlikely to meet this criterion; it will be more relevant to remotely located facilities or
processes found near the center of large acreage sites.
Processes containing the following water solutions may be eligible for Program 1,
assuming diked areas that would contain the spill and ambient temperatures:
+ Ammonia in solution
+ Formaldehyde (commercial concentrations)
+ Hydrofluoric acid (concentration 50 to 70 percent)
+ Nitric acid (commercial concentrations)
FLAMMABLE SUBSTANCES
Warehouses that handle pnly 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 times the
threshold quantity), the process may be eligible for Program i 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 flammables to determine
Program 1 eligibility, unless you have public receptors very close to the process. You
must be able to demonstrate, through your worst-case analysis, that every process you
claim as Program 1 meets the criteria.
2,4 PROGRAMS
Any covered process that is not eligible for Program 1 and meets one of the two
criteria specified below is covered by Program 3 requirements. Program 3 sets risk
management measures, including compliance with the OSHA PSM Standard, for an
eligible covered process.
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Chapter 2
2-11 Applicability of Program Levels
WHAT ARE THE ELIGIBILITY CRITERIA FOR PROGRAM 3?
Your process qualifies for Program 3 if: > : '
+ Your process does not meet the eligibility requirements for Program 1, and
+ Either
> Your process is subject to OSHA PSM (federal or state); or
> Your process is in one of ten NAICS codes specified by EPA.
WHAT is THE OSHA PSM STANDARD?
The OSHA Process Safety Management standard (codified at 29 CFR 1910.119) is a
; formal set of procedures in thirteen management areas designed to protect worker
health and safety from accidental releases. As with EPA's rule, they apply to a range
of facilities that have more than a threshold quantity of a listed substance in a 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 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.
Processes covered by OSHA PSM may include equipment, activities, and regulated
substances, particularly flammables used as fuels, that in other circumstances are
exempted under the OSHA PSM standard.
WHAT ARE THE TEN NAICS CODES?
Program 3 requirements are applicable to a covered process if the process involves an
activity in one often manufacturing NAICS codes: 32211 (pulp mills), 32411
(petroleum refineries), 32511 (petrochemical manufacturers), 325181 (chlor-alkali
manufacturers), 325188 (al other inorganic chemicals manufacturers), 325192 (other
cyclic crude and intermediate manufacturers), 325199 (all other basic organic
chemical manufacturers), 325211 (plastics and resins manufacturers), 325311
(nitrogen fertilizer manufacturers), and 32532 (pesticide and other agricultural
chemicals manufacturers). These codes are all for manufacturing and, therefore, are
not relevant to. warehouses. Even if your warehouse is a support activity for a
chemical manufacturer, it is not considered to be in a manufacturing NAICS code for
the purposes of determining program level. Appendix B provides a list of NAICS
codes for industries that may be subject to part 68. ,
January 25, 1999
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Chapter 2
Applicability of Program Levels 2-12
2.5 PROGRAM 2
Program 2 is considered a default program level because any covered process that is
not eligible for Program 1 and Program 3 requirements is, by default, covered by
Program 2 requirements. Program 2 sets risk management measures, including a
streamlined accident prevention program, for an eligible covered process. Your
process(es) are likely to be in Program 2 if:
4- You use propane (or other flammable) as a fuel for heating, such as an
industrial user of propane.
4 You are a publicly owned facility in a state that does not have a delegated
OS HA program.
•4 You use the regulated acids in solution, and your activities do not fall into one
of the ten specified NAICS codes.
4 You store regulated liquid flammable substances in atmospheric storage tanks.
WHAT ARE THE ELIGIBILITY CRITERIA FOR PROGRAM 2?
Your process is eligible for Program 2 if:
4- Your process does not meet the eligibility requirements for Program 1;
4 Your process is not subject to OSHA PSM (federal or state).
Exhibit 2-2 provides a summary of the criteria for determining Program level.
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 multiple processes subject to different program requirements, you
will need to treat each group of processes in the same program level (and potentially
each process) separately from the other processes and program level requirements.
Nevertheless, you must submit a single RMP for all covered processes. At the same
time, if you prefer, you may choose to adopt the most stringent applicable program
level requirements for all covered processes. For example, 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 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.
January 25.1995
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2-13
Chapter 2
Applicability of Program Levels
EXHIBIT 2-2
PROGRAM LEVEL CRITERIA
Program 1
Program 2
Program 3
No accidents in the previous five
years that resulted in any offsite:
Death
Injury
Response or restoration
activities at an
environmental receptor
The process is not eligible for
.Program 1 or subject to Program
3.
Process is not eligible for
Pro'gram 1.• •
AND
AND
No public receptors in worst-
case circle.
Process is subject to OSHA
PSM.
AND
OR
Emergency response
coordinated with local
responders.
Process is classified in NAICS
code
32211 (pulp mills)
32411 (petroleum refineries)
32511 (petrochemical
manufacturers)
325181 (chlor-alkali
manufacturers)
325188 (all other inorganic
chemicals manufacturers)
325192 (other cyclic crude
and intermediate
manufacturers) 325199 (all
other basic organic chemical
manufacturers)
325211 (plastics and resins
manufacturers)
325311 (nitrogen fertilizer ,,
manufacturers)
32532 (pesticide and other
agricultural chemicals
manufacturers)
January 25.. 1999
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Chapter 2
Applicability of Program Levels
2-14
QS & AS
OSHA
Q. If my state administers the OSHA program under a formal delegation from the federal OSHA, does
that mean that my processes subject to OSHA PSM under state rules are in Program 3?
A. Yes (as long as the process does not qualify for Program 1). Any process for which a facility is
complying with PSM, under federal or state rules, is considered to be in Program 3.
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 process 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 are complying with the identical OSHA PSM rules imposed by federal
OSHA, they are subject to Program 3. They are already substantially in compliance with the Program 3
prevention program to meet their obligations under the state OSHA rules. State and local governments
in non-state-plan states are not subject to any OSHA rules and must comply with Program 2.
CAN THE PROGRAM LEVEL FOR A PROCESS CHANGE?
If a covered process meets the requirements for a new program level, you must
re-evaluate the requirements for the process. If you are switching to another program
level, this change must be reflected in an updated RMP that must be submitted within
six months of the change that altered the program level for the covered process. If the
process no longer qualifies as a covered process (e.g., as a result of a change in the
quantity of the regulated substance in the process), then you 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.
January 25.1999
\
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, , Chapter 2
2-15 Applicability of Program Levels
: 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:
+ 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,
indicating and documenting that the process is now in compliance with the new'
program level requirements.
From Program 1,2 or 3 to Not Covered. You have a covered process that has been
subject to part 68 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
Regardless of the program levels you assign to 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). 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
responded arid sign the Program 1 certification as part of your RMP submission.
i January 25, 1999
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Chapter 2
Applicability of Program Levels 2-16
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
must also conduct one alternative release scenario analysis for each toxic and one for
all flammables. See 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. N
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.
January 25.1999
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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
-------
Chapter 2
Applicability of Program Levels
2-18
1 EXHIBIT 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
1 Certify no additional prevention
steps needed
— — _
'
1
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
Januaty25.1999
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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 ih 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
j more inclusive offsite impacts). For example, an accidental release may have led to
; worker injuries, but no other effects. This release would hot 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.
+ 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:
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Chapter 3
Five-Year Accident History 3-2
Date. Indicate the date on which the accidental release began.
Time. Indicate the time the release began.
Release duration. Indicate the approximate length of time of the release in minutes.
Chemical(s). Indicate the regulated substance(s) released. Use the name of the
substance as listed in § 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.
+ Liquid Spill/Evaporation. A liquid spill/evaporation is a release of the
substance in a liquid state with subsequent vaporization.
•$• Fire. A fire is combustion producing light, flames, and heat.
+ 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.
+ 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.
+ 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.,
substances are manufactured, blended to form a mixture, reacted to convert
them into some other final product or form, or heated to purify).
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. Chapters
3-3 Five-Year Accident History
' + Transfer Hose. A transfer hose is a tubular structure used to connect, often
temporarily, two or more vessels.
+ 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 onsite 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.
+ 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, 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,
January 25, 1999 '• . . ;
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Chapters
Five-Year Accident History 3-4
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 arid 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 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.
4- Precipitation Present. Precipitation may take the form of hail, mist, rain,
sleet, or snow. Indicate "yes" or "no" based on whether there was any
precipitation at the time of the accident.
+ 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.
+ 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 25.1999
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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
NlGHTf
Thinly
Overcast
or > 4/8
low clou
E
D
D
D
< 3/8
Cloud
F
E
D
t 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 25, 1999
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Chapter 3
Fjve-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
(elg., 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:
> Fish or animal kills.
Janumj'25,1999
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Chapter3
3-7 . •' 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.
+ Equipment Failure. A device or piece of equipment failed or did not function
as designed. For example, the vessel wall corroded or cracked. ,
+ Human Error: An operator performed a task improperly, either by failing to
take the necessary steps or by taking the wrong steps.
+ ^Weather Conditions. Weather conditions, such as lightning-hail, ice storms,
tornados, hurricanes, floods, earthquakes, or high winds, caused the accident.
+ 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.
+ Equipment Failure. A device or piece of equipment failed to function as
designed, thereby allowing a substance leading to or worsening the accidental
release.
+ Hitman error. An operator performed an operation improperly or made a
mistake lead to or worsened the accident.
+ 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 i
instructions. '
+ Overpressurization. The process was operated at pressures exceeding the
design working pressure.
+ Upset Condition. Incorrect process conditions (e.g., increased temperature or
pressure) contributed to the release.
January 25, 1999
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Chapter 3
Five-Year Accident History
4- 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).
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.
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.
,'" • , ' ' , i • ' • ' i '''«•
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.
Whether offsite responders were notified. If known, indicate whether response
agencies (e.g., police, fire, medical services) were contacted.
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 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).
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.
4- Revised Operating Procedures. Operating procedures were clarified or
changed to ensure that employees and contract employees are trained on
appropriate operating procedures.
January 25. 1999
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Chapters
3-9 Five-Year Accident History
+ New Process Controls. New process designs and controls were installed to
correct problems and prevent recurrence of an accidental release.
+ New Mitigation Systems. New mitigation systems were initiated to limit the
seve'rity of accidental releases. ' ,
+ Revised Emergency Response Plan. The emergency response plan was
revised.
+ Changed Process. Process was altered to reduce the risk (e.g., process
chemistry was changed).
+ Reduced Inventory. Inventory was reduced at the facility to reduce the
potential release quantities and the magnitude of the hazard.
+ Other.
+ 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, if 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(aVrequires 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:
+ The chemical name or identity of any substance involved in the release
January 25, 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
302(a)
+ An estimate of the quantity of substance that was released into the
environment
+ The time and duration of the release
4- 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://www.epa.gov.
EPCRA Section 304 requires facilities to report to the community emergency
coordinator of the appropriate local emergency planning committee (LEPG) and state
emergency response commission (SERC) releases of extremely hazardous substances
to the environment in excess of reportable quantities (as set forth in 40 CFR part 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:
4- Chemical name or identity of all substances involved in the accident
4- An estimate of the quantity of substances released to the environment
"'' ' ' '" " ' ,. '' , ''" ' ' ' "
4- 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.
* i • i,
OSHA'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:
4- Column B: date of work accident which resulted in injury
January 25.1999
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Chapter 3
3-M Five-Year Accident History
+ Column C: name of injured person •
- •+ . ' Column F: description of nature of injury or illness
Injury portion of the log: : . . •
+ Column 1: date of death is entered if an occupational injury results in a
fatality : '
> • Column 6: an injury occurred, but did not result in lost workdays
Illness portion of the log:
+ 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:
+ Date of incident
+ Date investigation began
+ Description of the incident
+ Factors that contributed to the incident
+ 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 25. 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 that 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?
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.
Januao>25.1999
-------
CHAPTER 4: OFFSITE CONSEQUENCE ANALYSIS
You are required to conduct an offsite consequence analysis to provide information to
the government and the public about the potential consequences of an accidental
chemical release. The offsite consequence analysis (OCA) consists of two elements:
+ A worst-case release scenario and
+ Alternative release scenarios. : • " .
To simplify the analysis and ensure a common basis for comparisons, EPA has
defined the worst-case scenario as the release of the largest quantity of a regulated
substance from a single vessel or process line failure that results in the greatest
distance to an endpoint. In broad terms, the distance to the endpoint is the distance a
" toxic vapor cloud, heat from a fire, or blast waves from an explosion will travel before
dissipating to the point that serious injuries from short-term exposures are no longer
likely.
The purpose of this chapter is to give guidance on how to" perform the OCA for
regulated substances at warehouses.
Section 68.130 lists 77 toxic substances and 63 flammable substances that are subject
to regulation; however, it is Unlikely that they will all be handled at commercial
warehouses. Therefore, during the development of this chapter, EPA .consulted
representatives of the American Warehouse Association (AWA) and obtained a list of
regulated chemicals that are commonly handled at warehouses. These substances are
listed in Exhibit 4-1 (toxic substances) and 4-2 (flammable substances). In addition,
generic guidance is given for substances that are not listed in Exhibit 4-1 or Exhibit 4-
2. -
This guidance is based on EPA's RMP Offsite Consequence Analysis Guidance
(OCAG). Those parts of the OCAG that you need to use are included in Appendix
,4A (which is located at the end of this chapter). See the OCAG (available from EPA)
for more information on the methodology presented here.
RMP*Comp™
To assist those using this guidance, the National Oceanic and Atmospheric Administration (NOAA)
and EPA have developed a software program, RMP*Comp™, that performs the calculations
described in this document. This, software can be downloaded from the NOAA Internet website at
http://response.restoration.noaa.gov/chemaids/rmp/rmp.html.
January 26, 1999
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Chapter 4
Offsite Consequence Analysis
4-2
EXHIBIT 4-1
EXAMPLES OF REGULATED TOXIC SUBSTANCES IN WAREHOUSES
Chemical
Boron Trifluoride Compound
with Methyl Ether (1:1)
Cyclohexylamine
Diborane
Epichlorohydrin
Ethylencdiaminc
Ethylene Oxide
Formaldehyde
Hydrazine
Hydrochloric Acid
Methyl Chloride
Nitric Acid
'ropylene Oxide
Sulfur Dioxide
Titanium Tetrachloride
Toluene 2,4- and 2,6-
diisocyanate, plus unspecified
mixtures
Toxic
Endpoint
(mg/L)
0.023
0.16
0.0011
0.076
0.49
0.090
0.012
0.011
0.030
0.82
0.026
0.59
0.0078
0.02
0.007
Typical
Container
55-gallon drum
55-gallon drum
150-lb cylinder
55-gallon drum
55-gallon drum
150-lb cylinder
55-gallon drum and
smaller containers
55-gallon drum
55-gallon drum
150-lb cylinder
55-gallon drum
55-gallon drum
150-lb cylinder
55-gallon drum
55-gallon drum
Potential
Quantity in
Warehouse
Truckload11
1-3 truckloads
10 cylinders
f
Truckload
2 truckloads
100 cylinders
2 truckloads
3 truckloads
2 truckloads
100-200
cylinders
2 truckloads
2-3 truckloads
100-200
cylinders
**
1 or more
ruckloads
Comments
Pure liquid
Pure liquid
30% cone, in
hydrogen
Pure liquid
80% with other
solvent-type
materials, alcohol
and ethyl acetate
Pressurized gas
10%-50%
solutions in waterc
35%, 50%, 85%
solutions in waterc
30-38% solutions
in water0
Pressurized gas
80-90% solutions
in water
Pure liquid
Pressurized gas
Pure liquid
'ure liquidd
Buoyant (B)
or Dense (D
D/B"
D/B
' B/B
D/B
D/B
D/D
B/B
B/B
D/B
D/D
D/B
D/D
D/D
D/B
B/B
See next page for footnotes.
January 26,1999
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4-3
Chapter 4
Offsite Consequence Analysis
Footnotes for Exhibit 4-1: •
"A truckload typically contains,78 55-gallon drums
"D/B indicates that the material behaves as a dense gas in worst-case weather conditions and as a neutrally buoyant
(passive) gas in the case of the. alternative scenarios, etc. ..
Tor these solutions in water, the vapor pressures of formaldehyde and hydrazine over the solutions are less than 1
mm Hg. Such mixtures do not fall under the requirements of 40 CFR Part 68 and are not considered further in this
guidance.
"Toluene diisocyanate can also be present as'- 1 to ~ 10 wt% in a mixture of resins, plastics, etc., in 5-gallon pails up
to 350-gallon totes. It is also used as a catalyst in the production of polyurethane foam and may be present in smal
quantities in, for example, furniture. These forms of toluene diisocyanate are not considered further in this guidance
'Hydrochloric acid in concentrations below 37% is not regulated.
EXHIBIT 4-2
EXAMPLES OF REGULATED FLAMMABLE SUBSTANCES IN WAREHOUSES
Chemical
Acetylene
Dimethylamineh
Isopropyl Chloride
Methylamineb
Pentane
Propane
Trimethylamineb
Vinyl Ethyl Ether
Typical Container
150-lb cylinder
55-gallon drum
55-gallon drum.
55-gallon drum
-
33.3-lb steel kegs
or 5,000-7,000-lb
tanks
55-gallon drum
55-galloh drum
Potential
Quantity in
Warehouse
One or two
cylinders
1 -2 truckloads
2 truckloads
2+ truckloads.
:
Potentially more
than 1 0,000 Ib ,
3 truckloads
1 truckload
Comments
Generally not enough to be covered by the
RMF
40% solution in water '_" •
Pure liquid
40% solution in water
Residual pentane in packages of pellets" .
Used for fueling forklifts and other purposes
40% solution in water
Pure liquid
Footnotes for Table 4-2: -. •
"Not considered further in this model guidance. . , '
"According to Ullman's Encyclopedia of Industrial Chemistry, the boiling point of 40% monomethylamine is 121 °F
and that of 40% dimethylamine is 125 °F. Therefore, these mixtures are not regulated under 40 CFR Part 68 which
places an upper limit of 100 °F on the boiling point of regulated flammable substances. However, 40%
trimethylarnine has a boiling point of 87 °F and is covered. '
cSome studies indicate that there is no residual pentane. "
January 26, 1999
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Chapter 4
Offsjte Consequence Analysis 4-4
The methodology and reference tables of distances presented here are optional.
You are not required to use this guidance. You may use publicly available or
proprietary air dispersion models to do your offsite consequence analysis, subject to
certain conditions. If you choose to use other models, you should review the rule and
Chapter 4 of the General Guidance/or Risk Management Programs, which outline
required conditions for use of other models.
The results obtained using the methods in this document may be conservative (i.e.,
they may overestimate the distance to endpoints). Complex models that can account
for many site-specific factors may give less conservative estimates of offsite
consequences than the simple methods in this guidance. This is particularly true for
alternative scenarios, for which EPA has not specified many assumptions. However,
complex models may be expensive and require considerable expertise to use; this
guidance is designed to be simple and straightforward. You will need to consider
these tradeoffs in deciding how to carry out your required consequence analyses.
This chapter presents discussions and tables for the worst-case scenario for
warehouses in section 4.1, followed by discussions and tables for alternative scenarios
for warehouses in section 4.2. Mitigation provided by buildings is discussed in
section 4.3. Section, 4.4 provides information on estimating offsite receptors, and
section 4.5 discusses required documentation.
4.1 WORST-CASE RELEASE SCENARIOS
This section provides guidance on how to analyze worst-case scenarios. Information
is provided on the general requirements of the regulations, followed by specific
, guidance relevant to warehouses. Exhibit 4-3 presents the parameters that must be
used in worst-case and alternative release scenarios.
GENERAL REQUIREMENTS FOR Toxic SUBSTANCES
The following input is required for toxic substances:
•*• The worst-case release quantity Q (Ib) is the greater of the following:
> For substances in a vessel, the greatest amount held in that vessel,
taking into account administrative controls that limit the maximum
quantity; or
> For substances in pipes, the greatest amount in a pipe, taking into
account administrative controls that limit the maximum quantity.
January 26.1999
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4-5
Chapter 4
Qffsite Consequence Analysis
EXHIBIT 4-3
REQUIRED PARAMETERS FOR MODELING (40 CFR 68.22)
WORST CASE
ALTERNATIVE SCENARIO
Endpoints (§68.22(a))
Toxic endpoints are listed in part 68 Appendix A.
Toxic endpoints are listed in part 68 Appendix A.
For flammable substances, endpoint is overpressure of 1
pound per square inch (psi) for vapor cloud explosions.
•t-For flammable substances, endpoint is overpressure of 1 psi for
vapor cloud explosions
+Radiant heat level of 5 kilowatts per square meter (kW/m2) for
40 seconds for heat from fires (or equivalent dose)
•4-Lower flammability limit (LFL) as specified in NFPA
documents or other generally recognized sources.
Wind speed/stability (§68.22
-------
Chapter 4
Offsite Consequence Analysis ' 4-6
For a release from a vessel, you need only consider the largest amount in the
vessel. For the specific case of a warehouse, the largest vessels are 350-gallon
totes, 55-gallon drums, 10-gallon pails, 150-lb cylinders, and other containers
that are small relative to typical vessels in a chemical plant. Therefore, the
spillage of the contents of one of these containers constitutes the worst-case
scenario, although you may well be able to, think of scenarios in which a
quantity greater than Q as defined above can be released. Other credible
scenarios could involve simultaneous damage to more than one vessel. EPA
recommends that you consider multiple-vessel release scenarios, if credible
and appropriate, as alternative release scenarios (see Section 4.2).
Weather conditions. The rule allows anyone who conducts their OCA based
on this guidance to use specific default weather conditions for wind speed,
stability class, average temperature, and humidity. Liquids other than gases
liquefied by refrigeration should be considered to be released at the highest
daily maximum temperature, based on local data for the previous three years,
or at process temperature, whichever is the higher. For warehouses, the
liquids are assumed to be stored at ambient temperature. You can obtain
weather data from local weather stations. You can also obtain temperature
and wind speed data from the National Climatic Data Center at (828) 271-
4800.
For the worst-case scenario, the release must be assumed to take place at
ground level.
The toxic endpoints for toxic regulated substances are listed 40 CFR Part 68,
Appendix A and in Appendix A of this document. Many of these endpoints
(which are airborne concentrations) have been published by the American
Industrial Hygiene Association (AIHA) as the second level of the Emergency
Response Planning Guidelines (ERPG-2) and are the maximum airborne
concentrations below which it is believed that nearly all individuals can be
exposed for up to one hour without experiencing or developing irreversible or
other serious health effects or symptoms which could impair an individual's
ability to take protective action. These endpoints should be applied
independent of the exposure time.
Rural vs. urban sites. The regulations require you to take account of whether
your site is rural or urban. To decide whether the site is rural or urban, the
rule offers the following: "Urban means thaMhere are many obstacles in the
immediate area; obstacles include buildings or trees. Rural means that there
are no buildings in the immediate area and the terrain is generally flat or
unobstructed." Some areas outside of cities may still be considered urban if
they are forested.
The distinction between urban and rural sites is important because the
atmosphere at urban sites is generally more turbulent than at rural sites,
causing more rapid dilution 6f the cloud as it travels downwind. Therefore,
for ground-level releases, predicted distances to toxic endpoints are always
smaller at urban sites than at rural sites.
January 26.1999
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. , • Chapter 4
4-7 Offsite Consequence Analysis
Gas density. The regulations require you to use tables or models that
appropriately account for gas density. This guidance provides lookup tables
for dense or neutrally buoyant gases or vapors (i.e., for gases that are denser-
than-air or for gases that have the same density as air, respectively).
Mitigation. You are only allowed to take account of passive mitigation
systems. Passive mitigation systems could include dikedfareas and buildings
(see Section 4.3 for. more information on buildings). You are not allowed to.
consider active mitigation systems such as sprinkler systems or remotely
operated valves. .
The predicted frequency of occurrence of the worst-case scenario is not an
allowable consideration. You are not required to determine a possible cause
of the failure of the vessel. "
Toxic LIQUIDS
The worst-case scenario for toxic liquids is a spill of the total quantity in the largest
vessel. The quantity spilled is assumed to spread instantaneously to a depth of one
centimeter in an undiked area or to cover a diked area instantaneously. (This guidance
does not consider diked areas.) The distance to the endpoint is estimated based on
evaporation from the pool and downwind dispersion of the vapor.
For this guidance, the basic assumption is that the container spills and forms an
unconfmed pool with a depth of one centimeter. The spill is assumed to be outside,
on or near the loading dock. For discussion of spills inside buildings, see Section 4.3
No credit is taken for drains or other features that might contain the spilled liquid. 'For
liquids listed in Exhibit 4-1, Exhibit 4-4 provides the distance to the endpoint for
spills from vessels usually found at warehouses. The procedure for calculating the
worst-case distance for liquids is as follows:
1. For a specific toxic material, identify the largest container and the quantity Q
(Ib) in it.
2. Use the following equation to calculate the rate of evaporation QR (Ib/min)
from the pool: .
QR= 1.4QxLFAxDF = aQ J
January 26, 1999 ,
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Chapter 4
Offsite Consequence Analysis
4-8
EXHIBIT 4-4
PREDICTED DISTANCES TO TOXIC ENDPOINTS FOR REGULATED TOXIC MATERIALS
Worst Case Scenario, Stability Class F, Wind Speed 1.5 m/s
Chemical/Solution
Name
Boron Trifluoride Compound
with Methyl Ether (1:1)
Cyclohexylamine
Diborane
Epichlorohydrin
Ethylenediamine
Ethylene Oxide
Hydrochloric Acid 30%c
Hydrochloric Acid 34%c
Hydrochloric Acid 36%c
Hydrochloric Acid 37%
Hydrochloric Acid 38%
Methyl Chloride
Nitric Acid 80%
Nitric Acid 85%
Nitric Acid 90%
Propylene Oxide
Sulfur Dioxide
Titanium Tetrachloride
Toluene 2,4-diisocyanate
Toluene 2,6-diisocyanate
a
0.002
0.002
NA"
0.0024
0.0017
NA"
0.0009
0.0028
0.0042
0.0050
0.0060
NA"
0.0009
0.0015
0.0021
0.0770
NA°
0.0020
3.36xl06
l.Oxl Q5
Container
Size
55 gallon
55 gallon
ISOlb
55 gallon
55 gallon
ISOib
55 gallon
55 gallon
55 gallon
55 gallon
55 gallon
1501b
55 gallon
55 gallon
55 gallon
55 gallon
ISOlb
55 gallon
55 gallon
55 gallon
Density
(Ib/gallon)"
8.29
7.0
NA"
10.0
8.0
NA"
9.64
9.67
9.69
9.69
9.69
, NA"
11.13
11.69
12.55
7.44
NAa
14.42
10.0
1 0.0
Quantity
Q
(Ib)
456
385
50
550
440
150
530
532
533
533
533
150
612
643
690
409
150
793
550
550
Rate of
Release
(Ib/min)
0.91
0.780
5
1.32
0.748
15
0.47
1.49
2.23
2.66
3.19
15
0.55
0.96
1.45,
31.5
15
1.586
0.0018
0.0055
Distance
Rural Site
(mi)
0.3
<0.1
2.5
0.2
<0.1
0.5
0.1
0.3
0.3
0.4
0.5
0.1
0.1
0.3
0.4
0.3
.0.7
0.4
<0.1
<0.1
Distance
Urban Site
(mi)
0.2
<0.1
I 1
i . j
0.10
<0.1
0 3
\J, J
<0 1
^sV/« 1
02
\Jtff
0 7
\J,£*
0.2
0.2
<0 1
^x\J. 1
0.1
0.2
02
\J,£*
<0.1
0 1
\J, J
0 9
\J.£,
<0 1
^•vW. 1
<0.1
Footnotes:
"Not applicable—chemical is a gas
The density can be obtained from the density factor DF, which is given in Exhibits B-2 and B-3 of Appendix 4A. The density is 1/(DF x 0.033) Ib/tf Thus for
epichlorohydnn, DF = 0.42, so that the dens.ty is 17(0.42 x 0.033) = 72,lb/ft3. There are 0.134 gallons/ft', so that the density becomes 0 134 x 72 ~ 10 Ib/gal on
Hydrochloric acid in concentrations below 37% is not regulated. iuiu/j,anon.
January 26, 1999
-------
. , • Chapter 4
— — ;— 4-9 Offsite Consequence Analysis
where LFA is the "Liquid Factor Ambient," DF is the "Density Factor," and a = 14 v
LFA x DF. LFA and DF have values that depend on the specific liquid' that has been
spilled. Their values at 25 °C' are tabulated.in Exhibits B-2 (toxic liquids) and B-3
(water solutions) in Appendix 4A at the end of this chapter. For the convenience of
the reader, the values of a for the toxic liquids and solutions that are listed in Exhibit
4-1 are provided in, Exhibit 4-4.
3. Obtain the toxic endpoint from Exhibit 4-1, together with information on
whether the vapor cloud should be regarded as neutrally buoyant or dense
For liquids not included in Exhibit 4-1, you can find this information in
Exhibit B-2 (pure liquids) or B-3 (solutions) in Appendix 4A at the end of
this chapter.
4. Determine whether your site is rural or urban.
5. Take the release rate QR and read the predicted distances to the toxic
endpoint from the following tables in Appendix 4A2:
> Reference Table 1 (rural site, 10-minute release, neutrally buoyant
. vapor cloud)
> Reference Table 2 (rural site, 60-minute release, neutrally buoyant
vapor cloud)
> Reference Table 3 (urban site, 10-minute release,,neutrally buoyant
vapor cloud) .
> Reference Table 4 (urban site, 60-minute release, neutrally buoyant
vapor cloud) • . ,
Reference Table 5 (rural site, 10-minute release, dense vapor cloud)
Reference Table 6 (rural site, 60-minute release, dense vapor cloud)
Reference Table 7 (urban site, 10-minute release, dense vapor cloud)
Reference Table 8 (urban site, 60-minute release, dense vapor cloud)
Reference Table 10 (specifically for aqueous ammonia).
For the specific case of the toxic liquids and solutions listed on Table 4-1 predicted
distances for the failure of 55-gallon drums are given on Table 4-4 and can simply be
quoted in your Risk Management Plan if the scenario matches your own worst-case
scenario. ,
Example 1. You have epichlorohydrin above the threshold quantity (TQ) in your
warehouse. The largest container is a 55-gallon drum. You determine that your site is
rural. From Table 4-4, the distance D to the toxic endpoint is 0.2 mi.
'For spills at a temperature greater than 25 °C, see the footnote to Exhibit B-4 in Appendix 4A Unless
otherwise stated, all spills are assumed to be at 25 °C. »"M.<*A. uniess
2The 60-minute release tables are generally appropriate for spills of toxic liquids because the materials
in warehouses usually have low vapor pressures and, hence, low rates of evaporation should they be ^SS^Sr
examples given in Exhibit 4-4, the time to complete evaporation is greater than 10 minutes for all Squfds The
January 26, 1999
-------
Chapter 4
O0site Consequence Analysis 4-10
Example 2. You have epichlorohydrin in 10-gallon pails, which is a quantity that is
not represented on Exhibit 4-4. Therefore, you need to use both Exhibit 4-4 and the
tables in Appendix 4A, as follows. The density of epichlorohydrin is 10 Ib/gallon
(Exhibit 4-4), so a pail contains 100 Ib. From Exhibit 4-4, a = 0.0024 so that, from
Equation 1, QR = (0.0024)(100) = 0.24 Ib/min. From Exhibit 4-1, the toxic endpoint
of epichlorohydrin is 0.076 mg/L, and it should be treated as a dense vapor. You
determine that your site is rural. Therefore, refer to Reference Table 6 in Appendix
4A.
The predicted release rate of 0.24 Ib/min is below the lowest release rate of 1 Ib/min
on Reference Table 6. The closest toxic endpoint to 0.076 mg/L is 0.075 mg/L. The
corresponding distance is 0.1 mi3.
Example 3. You have dimethyldichlorosilane in your warehouse in 55-gallon drums
at a rural site. This is an example of a material that is not listed in Exhibit 4-1.
From Exhibit B-2, Appendix 4A, the toxic endpoint of dimethyldichlorosilane is
0.026 mg/L, the LFA is 0.042, and the DF is 0.46. The density p of liquid
dimethyldichlorosilane is 65.9 lb/ft3 (the density can be calculated from the DF by
using the formula p = 1/(0.033DF), as described in the footnote to Exhibit 4-4). This
converts to 8.83 Ib/gallon (1 gallon is 0.134 ft3). Therefore, a 55-gallon drum contains
Q = 55 x 8.76 = 486 Ib.
The quantity a in Equation 1 is 1.4 x LFA x DF = 0.027. The rate of evaporation is
ttQ = 0.027 x 486 = 13 Ib/min.
According to Exhibit B-2 of Appendix 4A, dimethyldichlorosilane should be modeled
as a dense vapor. Turning to Reference Table 6 in Appendix 4A, for a rural site, look
for the closest evaporation rate and toxic endpoint to 13 Ib/min and 0.026 mg/L. The
closest release rate is 10 Ib/min, and the closest endpoint is 0.02 mg/L, giving a
distance of 1.4 mi.
3In Reference Table 6 and other tables in Appendix 4-A, results are rounded to the nearest tenth of a mile
for distances under ten miles, and to the nearest mile for distances over ten miles. This is a reminder that the results
of atmospheric dispersion modeling are uncertain and that more accurate predictions are not warranted.
January 26.1999
-------
Chapter 4
4-11 ; Offsite Consequence Analysis
Toxic GASES
For toxic gases, the worst-case scenario is release of the contents of the largest vessel
over 10 minutes. For toxic gases listed in Exhibit 4-1, Exhibit 4-4 provides the
distance to the endpoint for the release of a toxic gas from the largest vessel usually
found at a warehouse. The procedure to use for analysis of the worst-case scenario for
toxic'gases is as follows.
i:
Estimate the quantity Q (lb) in the largest container
2. Assume that the quantity Q is, released over 10 minutes, so that the release
rate is (Q/10) Ib/min.
3. Obtain the toxic endpoint from Exhibit B-1 of Appendix 4A, together with
information on whether the vapor cloud should be regarded as neutrally
buoyant or dense.
4. Determine whether your site is rural or urban.
5. Determine the distance to the toxic endpoint by using one of the following
tables:. , ,
> Reference Table 1 (rural site, 10-minute release, neutrally buoyant
vapor cloud)
> Reference Table 3 (urban site, 10-minute release, neutrally buoyant
vapor cloud)
> Reference Table 5 (rural site, 10-minute release, dense vapor cloud),
or
>
>
>
Reference Table 7 (urban site, 10-minute release, dense vapor cloud).
Reference Table 9 - specifically for anhydrous ammonia
Reference Table 11 - specifically for chlorine
> Reference Table 12-specifically for sulfur dioxide
Only 10-minute tables are relevant because the rule mandates that for the
worst-case scenario, gases are released over 10 minutes.
Example 4. Diborane is one of the gaseous materials listed on Exhibit 4-1. The steps
listed above have already been carried out for this material, and the results are
displayed on Exhibit 4-4 —3 mi at a rural site and 2.1 mi at an urban site. (Note that
the diborane is assumed to be in a 150-lb cylinder, but as only about 30 wt% in
hydrogen. Therefore, only 50 lb of diborane is released and the predicted release rate
is51b/min, not 15 Ib/min.) -
Example 5. You have arsine in 150-lb cylinders at a rural site. This is another
example of a material that is not on Exhibit 4-1. The worst-case release rate is 15
Ib/min. From Exhibit B-l of Appendix 4A, the toxic endpoint is 0.0019 mg/L and the
release should be treated as a dense vapor cloud. Turning to reference Table 5 of
Appendix 4A, the closest tabulated toxic endpoint is 0.002 mg/L. The closest release
rate is 10 Ib/min, for a predicted distance of 3 fni.
January 26,1999
-------
Chapter 4
Qffsite Consequence Analysis 4-12
FLAMMABLE SUBSTANCES
i • ' ,' ' , ,
For flammable substances, the regulation requires that the distance D (mi) to the 1 psi
overpressure endpoint should be calculated for the greatest quantity in a vessel or
pipeline. A simple method of obtaining an approximate answer is to use the TNT
equivalency method, which states that:
D = 0.0037(QxH/HTNT)"3 (2)
where Q (Ib) is the quantity of flammable material released, H is the heat of
combustion of the flammable substance and HTNTis the heat of combustion of
trinitrotoluene (TNT). Implicit in Equation 2 is the assumption that the yield factor is
10%, as required by the rule. The yield factor is the fraction of the material in the
vessel that effectively participates in the explosion. Equation 2 can be rewritten as
, D = X (Q)1/3 miles (3)
The values of X for the flammable materials listed in Table 4-2 are given below:
Ethyl Mercaptan 0.0067
Isopropyl Chloride 0.0063
Propane 0.0080
Trimethylamine 0.0074
Vinyl Ethyl Ether 0.0070
If you prefer, you can find the distance to 1 psi overpressure for the quantity released
from Reference Table 13 in Appendix 4A, instead of using Equation 3. Reference
Table 13 also includes flammable substances that are not in the above list.
Example 6. If 5,000 Ib of propane explodes, Equation 3 gives:
D = 0.0080 (5,000)I/3 = 0.14 mi
:: " ' '. ' . . ': ,- "N, . ' ' . • . ' ' ''.'
For reporting, you would round the distance to 0.1 mile.
, |i! ' ' . • • ' , ' ' /; ' • ' . v' " ' • ' • ' : ' ' .
Example 7. If a 55-gallon drum of vinyl ethyl ether spills and forms a vapor cloud,
this vapor cloud will contain (55 gallons)(6.36 Ib/gallon) = 350 Ib of vinyl ethyl ether.
If it explodes, then:
D = (0.0070)(350)1/3 = 0.05 mi
Example 8. A 55-gallon drum containing a 40 wt% solution of trimethylamine spills.
The density of this solution is 6 Ib/gallon, so there is a total of (0.4)(55)(6) = 132 Ib of
trimethylamine. From Equation 3, D = 0.0074(1 32)1/3 = 0.038 mi, which you would
round to 0.4 mi.
January 26,1999
-------
Chapter 4
4-13 Offsite Consequence Analysis
Vapor cloud explosions involving small quantities generally are considered very
unlikely. If you have a flammable chemical above the threshold quantity, however,
you must assume a vapor cloud explosion for your worst-case scenario, even if your
largest vessel contains a relatively small quantity.
The explosions discussed above are assumed to take place outside. Many warehouses
keep flammable materials in a room that is specially designed with explosion venting
per NFPA requirements. However, the intention of this section is to provide
information on the worst-case scenario. There are probably times when you handle
handle the containers of flammable substances outside. Nevertheless, in discussions
with local agencies and local communities you may want to explain how your facility
is designed to ensure that worst-case explosions do not occur or are effectively
mitigated.
4.2 ALTERNATIVE SCENARIOS
The purpose of this section is to give guidance on how to model alternative scenarios.
GENERAL REQUIREMENTS
The requirements that differ from those for the worst-case scenarios are as follows:
.+ You can take into account active as well as passive mitigation systems, as
long as these systems are expected to withstand the causes of the accident.
For warehouses, the building itself could function as a passive system and the
fire sprinklers could be regarded as an active system.
+ The alternative scenario should reach an endpoint offsite. unless no such
scenario exists. .
4- If you are doing your own modeling, you should use "typical meteorological
conditions for the stationary source." You may obtain these data from local
weatherstations. You can obtain wind speed and temperature data from the
National Climatic Data Center at (828) 271-4800. This guidance uses an
"average" weather condition of wirid'speed 3 m/s and D stability class with an
ambient temperature of 25 °C.
+ The number of alternative scenarios you are required to develop is as follows:
> At least one scenario for each regulated toxic substance held in
Program 2 and Program 3 processes.
> At least one scenario to represent all flammables held in Program 2
and Program 3 processes.
+ The release is not necessarily restricted to ground level. It can be elevated if
appropriate. An elevated release might be appropriate for a warehouse with
several floors (analysis of elevated releases would be site-specific and is not
considered in this guidance).
January 26,1999
-------
Chapter 4
Offsite Consequence Analysis 4-14
CHOICE OF ALTERNATIVE SCENARIOS FOR Toxic LIQUIDS
There are some significant issues when it comes to choosing alternative scenarios for
warehouses:
+ As already noted, plausible alternative scenarios could well be larger than the
single-container worst-case scenarios;
4- The alternative scenario should be more probable than the worst-case
scenario, yet spillage from a single container is among the more probable
scenarios.
The following subsections contain some suggested alternative scenarios.
SINGLE-CONTAINER ALTERNATIVE SCENARIO
One possibility is to take the same scenario as the worst-case (i.e., a spill of the
contents of a single vessel), but to assume that it takes place in typical weather
conditions. Exhibit 4-5 provides distances to the endpoint for this scenario for the
substances listed in Exhibit 4-1. The procedure for calculating the alternative scenario
distance is very similar to that for the worst-case scenario:
4- For a specific toxic material, identify the largest vessel and the quantity Q (Ib)
in it.
+ Use Equation 4 below to calculate the rate of evaporation QR (lb/min.) from
the pool formed by the spill of quantity Q in alternative weather conditions:
QR = 2.4QxLFAxDF = pQ (4)
where LFA is the "Liquid Factor Ambient," DF is the "Density Factor," and P
= 2.4 x LFA x DF. LFA and DF have values that depend on the specific
liquid that has been spilled. Their values are tabulated in Exhibits B-2 (toxic
liquids) and B-3 (water solutions) of Appendix 4A. For the convenience of
the reader, the values of p that are appropriate for alternative scenarios are
provided in Exhibit 4-5.
•f Determine whether your site is rural or urban.
•*• Read the toxic endpoint from Exhibit B-2 or Exhibit B-3 of Appendix 4A,
together with whether the vapor should be modeled as neutrally buoyant or
dense.
January 26,1999
-------
4-15
Chapter 4
Offsite Consequence Analysis
EXHIBIT 4-5
PREDICTED DISTANCES TO TOXIC ENDPOINTS FOR REGULATED TOXIC MATERIALS
Alternative Case Scenario No. 1 - Release from Single Container, Stability Class D, Wind Speed 3.0 rn/s
Chemical/Solution
^JfllTIA
l^dlllC
Boron Tri fluoride Compound
with Methyl Ether (1:1)
Cyclohexylamine
Diborane
Epichlorohydrin
Ethylenediamine
Ethylene Oxide
Hydrochloric Acid 30%b
Hydrochloric Acid 34%h
Hydrochloric Acid 36%h
Hydrochloric Acid 37%
Hydrochloric Acid 38%.
Methyl Chloride
Nitric Acid 80%
Nitric Acid 85%
Nitric Acid 90%
Propylene Oxide
Sulfur Dioxide
Titanium Tetrachloride
Toluene 2,4rdiisocyanate
Toluene 2,6-diisocyanate
P
0.0035
0.0034
"NAa
0.0040
0.0029
NA"
0.0016
0.0048
0.0073
O.OQ86
0.0098
NAa
0.0015
0.0025
0.0036
0.13
NAa
0.0032
5.76x1 06
1.7x1 a5
Container Size
55 gallon
55 gallon
150 Ib
55 gallon
55gallon
150 Ib
55 gallon
55 gallon
55 gallon
55 gallon
55 gal Ion
1 50 Ib
55 gallon
55 gallon
55 gallon
55 gallon
150 Ib
55 gallon
55 gal Ion
55 gallon
Quantity Q
(Ib)
570
385
50
550 '
. 440
150
530
- 532
533
533
533
150
612
643
690
409
150
793
550
550
Rate of Release
(Ib/min)
1.93
1.30
5
2.20
1.28
15
0.85
2.55
3.89
4.58
5.22
15
0.92
1.61
2.48
53.17
15
2.54
0.0032
0.0095
Distance
Rural Site (mi)
fl 9
\j.£
<0.1
.
4ff\ 1
<^.\J. I
01
. 1
-------
Chapter 4
Offsite Consequence Analysis
Take the release rate QR and read the predicted distances to the toxic
endpoint from the following tables in Appendix 4A:
fe Reference Table 14 (rural site, 10-minute release, neutrally buoyant
Vapor cloud)
*• Reference Table 15 (rural site, 60-minute release, neutrally buoyant
vapor cloud)
*• Reference Table 16 (urban site, 10-minute release, neutrally buoyant
vapor cloud)
> Reference Table 17 (urban site, 60-minute release, neutrally buoyant
vapor cloud)
Reference Table 18 (rural site, 10-minute release, dense vapor cloud)
Reference Table 19 (rural site, 60-minute release, dense vapor cloud)
Reference Table 20 (urban site, 60-minute release, dense vapor cloud)
Reference Table 21 (urban site, 60-minute release, dense vapor cloud)
Reference Table 23 - specifically for aqueous ammonia
For spilled water solutions, you should assume a 10-minute duration of release
because LFA is calculated as a 10-minute average. For the other toxic liquids, the
predicted time to total evaporation of the pool at the rate given by Equation 4 is
generally much more than 10 minutes, so you will need to use the 60-minute tables
unless your alternative scenario has been terminated in 10 minutes or less (e.g., by
some emergency countermeasure).
For the specific case of the toxic liquids and solutions listed on Exhibit 4-1, predicted
distances are given on Exhibit 4-5 and can simply be quoted in your Risk
Management Plan if the scenario matches one of your own alternative scenarios
Example 9. You have ethylenediamine above the TQ in your warehouse. The largest
container is a 55-gallon drum. You determine that your site is rural. Ethylenediamine
is on Exhibit 4-5, and the corresponding distance to the toxic endpoint is < 0.1 mi.
Example 10. You have epichlorohydrin in 10-gallon pails, which are not represented
on Exhibit 4-5. Therefore, you need to use the tables in Appendix 4A, as follows.
The density of epichlorohydrin is 10 Ib/gallon, so a pail contains Q = 100 Ib. From
Exhibit 4-5, P = 0.0040 so that, from Equation 4, QR = (0.0040)(100) = 0.40 Ib/min.
From Exhibit 4-1, the toxic endpoint of epichlorohydrin is 0.076 mg/L, and it should
be, modeled as a buoyant vapor. You determine that your site is rural. Turning to
Reference Table 15 in Appendix 4A, you need to calculate the ratio between the
release rate and the toxic endpoint, which, for convenience, we call 6. In this case, 5
= 0.38/0.076 = 5, which lies in the lowest tabulated range for 5 on Reference Table
15, corresponding to a distance to the toxic endpoint of 0.1 mi.
MULTIPLE CONTAINER ALTERNATIVE SCENARIO
A plausible scenario is that two or more containers could be punctured by a fork lift
truck. The procedure to follow for this scenario for toxic liquids is the same
procedure presented in the previous subsection; only the quantity spilled is different.
The evaporation rate displayed in Exhibit 4-5 should then be multiplied by the number
January26.1999
-------
Chapter 4
4-17 • Offsite Consequence Analysis
of ruptured containers. The predicted distances to the toxic endpoint are given on
Exhibit 4-6 for the exampje of two ruptured containers.
Example 11. You have an accident in which four containers of 37% hydrochloric
acid are ruptured in typical weather conditions at a rural site. The predicted rate of
evaporation is then four times that on Exhibit 4-5, i.e., 4 x 4.58 = 18.32 Ib/min. From
Exhibit 4-1, 37% hydrochloric acid is neutrally buoyant in alternative scenarios, and
its toxic endpoint is 0.03 mg/L. Hence, 8 = 18.32/0.03 = 610. Turning to Reference
> Table 1 in Appendix 4A, this value of 6 is close to the tabulated value of 630,
corresponding to 0.2 mi.
ALTERNATIVE SCENARIO - Toxic GASES *
For alternative scenarios for toxic gases, you may consider the worst-case release
under typical weather conditions or a release involving multiple containers, as
discussed above for liquids. Exhibits 4-5 and 4-6 provide distances to the endpoint
for these alternative scenarios for toxic gases listed in Exhibit 4-1. The procedure to
use is as follows.
1. , Estimate the release rate in Ib/min for the alternative scenario.
2. Obtain the toxic endpoint from Exhibit B-1 of Appendix 4A, together with
information on whether the vapor cloud should be regarded as neutrally
buoyant or dense.
3. Determine whether your site is rural or urban.
4. Determine the distance to the toxic endpoint by using one of the following
tables: .-.'•'
> Reference Table 14 (rural site, 10-minute release, neutrally buoyant
vapor cloud) .
> Reference Table 15 (rural site, 60-minute release, neutrally buoyant
vapor cloud)
> Reference Table 16 (urban site, 10-minute release, neutrally buoyant
vapor cloud)
> Reference Table 17 (urban site, 60-minute release, neutrally buoyant
vapor cloud) ,
> Reference Table 18 (rural site, 10-minute release, dense vapor cloud)
> Reference Table 19 (rural site, 60-minute release, dense vapor cloud)
January 26, 1999
-------
Chapter 4
OfTsite Consequence Analysis
4-18
EXHIBIT 4-6
PREDICTED DISTANCES TO TOXIC ENDPOINTS FOR REGULATED TOXIC MATERIALS
Alternative Case Scenario No. 2 - Release from Two Containers, Stability Class D, Wind Speed 3.0 m/s
Chemical/Solution
Name
Boron Trifluoride Compound
with Methyl Ether (1:1)
Cyclohexylamine
Diborane
Epichlorohydrin
Ethylenediamine
Elhylene Oxide
Hydrochloric Acid 30%h
Hydrochloric Acid 34%h
Hydrochloric Acid 36%h
Hydrochloric Acid 37%
Hydrochloric Acid 38%
Methyl Chloride
Nitric Acid 80%
Nitric Acid 85%
Nitric Acid 90%
Propylene Oxide
Sulfur Dioxide
Titanium Tetrachloride
Toluene 2,4-diisocyanate
Toluene 2,6-diisocyanate
P
0.0035
0.0034
NAa
0.0040
0.0029
NA"
0.0016
0.0048
0.0073
0.0086
0.0098
NAa
0.0015
0.0025
0.0036
0.13
NA"
0.0032
5.79x1 (X6
1.7x1 a5
Container Size
55 gallon
55 gallon
1501b
55 gallon
55 gallon
150lb
55 gallon
55 gallon
55 gallon
55 gallon
55 gallon
150 Ib
55 gallon
55 gallon
55 gallon
55 gallon
1501b
55 gallon
55 gallon
55 gallon
Quantity Q
(Ib)
1140
770
100
1100
880
300
1060
1064
1066
1066
1066
300
1224
1286
1380
818
300
1586
1100
1100
Rate of Release
(Ib/min)
3.87
2.61
10
4.40
2.55
30
1.7
5.1
7.78
9.16
10.44
30
1.84
3.22
4.96
106
30
5.08
0.0064
0.019
Distance
Rural Site (mi)
<0.1
<0.1
1.0
<0.1
<0.1
0.1
<0.1
<0.1
0.1
0.1
0.1
<0.1
<0.1
<0.1
0.1
0.1
0.6
0.1
f\ -t
<0.1
f\ 4
<0.1
Distance
Urban Site (mi)
<0.1
<0.1
0.6
<0.1
<0.1
<0.1
<0.1
<0.1
<0.1
<0.1
0.1
<0.1
<0.1
<0.1
<0.1
<0.1
0.3 .
<0.1
<0.1
r\ H
<0.1
Footnotes:
"Not applicable—chemical is a.gas.
hHydrochloric acid in concentrations below 37% is not regulated.
- January 26, 1999
-------
Chapter 4
4-19 . Offsite Consequence Analysis
> Reference Table 20 (urban site, 10-minute release, dense vapor cloud)
> Reference Table 21 (urban site, 60-minute release, dense vapor cloud)
> Reference Table 22 - specifically for anhydrous,ammonia
> Reference Table 24 r specifically for chlorine
> Reference Table 25 - specifically for sulfur dioxide
Example 12. Diborane is one of the gaseous materials listed on Exhibit 4-1.
Assuming that the alternative scenario is the same as the worst-case scenario, Example
4, except that the weather conditions have changed from worst-case to typical, the
steps listed above have already been carried out for this material. The results are listed
on Exhibit 4-5: ~ 0.8 mi at a rural site and ~ 0.4 mi at an urban site.
For an alternative scenario that consists of the release of two cylinders of diborane
over a period of 10 minutes, the results may be read from Exhibit 4-6 and are ~ 1.0 mi
at a rural site and - 0.6 mi at an urban site.
Example 13. You have arsine in 150-lb cylinders at a rural site. Arsine is not on
Exhibit 4-5. The worst-case release rate is 15 Ib/min for 10 min. Assume that this
release rate is the same, for the alternative scenario and that the only difference is in
the weather conditions. From Exhibit B-1 of Appendix 4A, the toxic endpoint is
0.0019 mg/L and the release should be treated as a dense vapor cloud. Turning to
Reference Table 18 of Appendix 4A, the closest tabulated toxic endpoint is 0.002-
mg/L. The closest release rate is 10 Ib/min, for a predicted distance of 0.9 mi.
ALTERNATIVE SCENARIOS FOR FLAMMABLE SUBSTANCES
For many owners of warehouses, a fire is potentially the most damaging scenario.
However, there are several considerations involved in modeling scenarios for
.flammable substances within the context of the RMP.
+ Toxic materials in plumes gerierated by fires do not have to be considered
under the RMP rule, although toxic combustion products might be generated.
+ Under the RMP rule, endpoints for regulated flammable substances are
specified for explosions, radiant heat, and dispersion to the lower
flammability limit (LFL). .
+ Effects such as heat released by unregulated materials are not considered
under the RMP rule; such effects might be a major problem in warehouse
fires. ,
Alternative scenarios for regulated flammable substances at warehouses could include
pool fires and vapor cloud fires (assuming dispersion to the LFL), as discussed below.
For pool fires involving spillages of flammable liquids, the following equation gives
an estimate for the distance D (ft) from a pool fire at which people could potentially
receive a second-degree burn after 40 seconds:
D = PFFA05 '•'•-.
January 26, 1999
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Chapter 4
Offsite Consequence Analysis 4.20
where PFF is the "Pool Fire Factor", and A is the area of the pool in ft2. The PFF is
tabulated in Exhibits C-2 and C-3 of Appendix 4A.
Example 14. You have vinyl ethyl ether in a 55-gallon drum (350 Ib). It spreads to
form a pool of depth 1 cm. The area is given by A = 350 x DF, where DF is tabulated
in Exhibit C-3 and is 0.65 for vinyl ethyl ether: A = 350 x 0.65 = 228 ft2 so that A °-5 =
15 ft. From Exhibit C-3 of the OCAG, PFF = 4.2 so that D = 4.2 x 15 - 60 ft. (You
also can consider spills from multiple drums. Multiply A for one drum by the number
of drums involved.)
Another alternative flammable scenario is a vapor cloud fire. You would calculate the
distance to the LFL. that is, the distance to which the cloud propagates before diluting
below the lower flammabl^ limit, assuming the vapor cloud then ignites. You need to
determine the release rate, as described for toxic substances. The data you need for
flammable substances, including the LFL, are in Exhibits C-2 (for flammable gases)
and C-3 (for flammable liquids) in Appendix 4A.
The appropriate reference tables for determining the predicted distance to the LFL are
as follows:
.» Neutrally buoyant plume, rural site, Reference Table 26
> Neutrally buoyant plume, urban site, Reference Table 27
> Dense plume, rural site, Reference Table 28
> Dense plume, urban site, Reference Table 29
Example 15. Vinyl ethyl ether is spilled from a 55-gallon drum (containing 350 Ib) at
an urban site. As shown in Example 14, it forms a pool of depth 1 cm and area 228
ft2. The rate of evaporation is given by QR = 2.4Q x LFA x DF. LFA is 0.10 and DF
is 0.65, from Exhibit C-3 of Appendix 4A. Hence, QR = (2.4)(350)(0.1)(0.65) = 55
Ib/min. From Exhibit C-3 of Appendix 4A, the LFL for vinyl ethyl ether is 50 mg/L,
and it should be treated as a dense gas. From Reference Table 28, the predicted
distance to the LFL at a rural site is < 0.1 mi for any release rate < 1,500 Ib/min.
4.3 BUILDINGS
Buildings may be considered provide passive mitigation in some cases. Unless your
containers of regulated substances are delivered directly into the building (i.e., they
are not unloaded outdoors and moved inside later), you should not consider buildings
in your worst-case scenario, because there will be some time when the vessels are
outdoors. If your containers are delivered indoors or if your largest vessel is indoors,
you may want to analyze the mitigating effects of the building when you do your
worst-case analysis. You may also want to consider alternative scenarios that consider
buildings as mitigation systems. However, warehouses vary over a wide range in their
Strength of construction, the surface area of ventilation outlets, and their purpose. In
addition, warehouse doors are often left open for considerable periods.
For toxic liquids, EPA has provided simple building release rate reduction factors for
indoor releases of 10% for worst-case scenarios and 5% for alternative scenarios (i.e.,
the predicted rate of release is 10% or 5% of that for the same accident if it should
January 26.1999 ,
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Chapter 4
4-21 Offsite Consequence Analysis
occur outdoors). These factors are based on data for a building with a ventilation rate
of 0-5 air changes per hour. The factors are applicable to releases in a fully enclosed,
non-airtight space that is directly adjacent to the outside air. They do not apply to a
space that has doors or windows that could be open during a release. (See Appendix
D of the OCAG for more discussion of the mitigation factors.)
For toxic gases, the EPA's reduction factor is 55%, for both worst-case and alternative
scenarios. This factor also is based on 0.5 air changes per hour. It is applicable to
releases in the same type of enclosure as the factors for liquids. (See Appendix D of
the OCAG for more discussion.) *
You are at liberty to proyide building-specific models of the mitigating effects of
structures. Generally, such modeling requires the use of numerical simulation and
specialized computer programs.
Example 16. Returning to Example 3, you have dimethyldichlorosilane in your
warehouse in 55-gallon drums at a rural site. Assume that the release takes place
inside the warehouse in worst-case weather conditions. The effective release rate is
then reduced by a factor of 10 from 13 Ib/min to 1.3 Ib/min. From Exhibit B-2 of
Appendix 4A, the toxic endpoint of dimethyldichlorosilane is 0.026 mg/L, and it
should be modeled as a dense vapor. Turning to Reference Table 6 of Appendix 4A,
for a rural site, look for the evaporation rate closest to 1.3 Ib/min and the toxic
' endpoint closest to 0.026 mg/L. This is 1 Ib/min and 0.02 mg/L, giving a distance of
0.3 mi.
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.
RESIDENTIAL POPULATIONS
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 Land View system, which is available ,on
CD-ROM (see box below). The rule requires that you 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.
January 26, 1999 '
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Chapter 4
Offsite Consequence Analysis 4-22
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 not 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.
Besides the results you are required to report in the RMP, you may want to consider
submitting to EPA or providing your local community with a map showing the
distances to the endpoint. Figure 4-1 is one suggested example of how the
consequences of worst-case and alternative scenarios might be presented. It is a
simplified map that shows the radius to which the vapor cloud might extend, given the
worst-case release in worst-case weather conditions (the owner or operator should use
a real map of the area surrounding the site). Organizations that have already begun to
prepare Risk Management Programs and Plans have used this form of presentation
(for example, in the Kanawha Valley or in Tampa Bay).
Janutiy 26.1999
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4-23
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 in 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 disc set
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.
January 26, 1999
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Chapter 4
Offsite Consequence Analysis
4-24
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
www.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
www.mapping.usgs.gov/esic/usimage/dealers.html/. For more information or ordering assistance call
1-800-HELP-MAP, or write:
USGS Information Services
Box 25286
Denver, CO 80225
»
For additional information, contact any USGS Earth Science Informati6n Center or call
1-800-USA-MAPS.
4.5 DOCUMENTATION
You need to maintain onsite the following records on the offsite consequence
analyses:
For the worst-case scenario, a description of the vessel or pipeline selected as worst-
cpse, assumptions and parameters used and the rationale for selection; assumptions
include use of any administrative controls and any passive mitigation systems that you
assumed to limit the quantity that could be released.
For alternative release scenarios, a description of the scenarios identified, assumptions
and parameters used and the rationale for the selection of specific scenarios;
assumptions include use of any administrative controls and any mitigation that were
assumed to limit the quantity that could be released. Documentation includes the
effect of the controls and mitigation on the release quantity and rate.
Other data that you should provide includes:
+ Documentation of estimated quantity released, release rate and duration of
release.
January 26. 1999
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' ' . , Chapter 4
4-25 Offsite Consequence Analysis
Methodology used to determine distance to endpoints (it will be sufficient'to
reference this guidance).
Data used to identify potentially affected population and environmental
receptors. . ' •.
January 26. 1999
-------
Figure 4-1 Simplified Presentation of Worst-Case
and Alternative Scenario on a Local Map
Radius for
Alternative
Scenario
M
Radius for
Worst-case Scenario
A Street
1/2
Miles
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Chapter 4
4-27 Offsite Consequence Analysis
APPENDIX 4A
REFERENCE TABLES OF DISTANCES AND TABLES OF DATA FROM THE
OFFSITE CONSEQUENCE ANALYSIS GUIDANCE
o ' ' '" .
The following tables from the RMP Offsite Consequence Analysis Guidance are reproduced here for the
convenience of the reader.
Reference Tables of Distances
Reference Table 1—Neutrally Buoyant Plume.Distances to Toxic Endpoint for Release Rate Divided by
Endpoint, 10-Minute Release. Rural Conditions, F Stability, Wind Speed 1.5 Meters per Second
Reference Table 2—Neutrally Buoyant Plume Distances to Toxic Endpoint for Release Rate Divided by
Endpoint, 60-Minute Release. Rural Conditions, F Stability, Wind Speed 1.5 Meters per Second
Reference Table 3—Neutrally Buoyant Plume Distances to Toxic Endpoint for Release Rate Divided by
Endpoint, 10-Minute Release. Urban Conditions, F Stability, Wind Speed 1.5 Meters per Second
Reference Table, 4—Neutrally Buoyant Plume Distances to Toxic Endpoint for Release Rate Divided by
Endpoint, 60-Minute Release. Urban Conditions, F Stability, Wind Speed 1.5 Meters per Second
Reference Table 5—Dense Gas Distances to Toxic Endpoint, 10-Minute Release, Rural Conditions, F
Stability, Wind Speed 1.5 Meters per Second
Reference Table 6—Dense Gas Distances to Toxic Endpoint, 60-Minute Release, Rural Conditions F
Stability, Wind Speed 1.5 Meters per Second
Reference Table 7—Dense Gas Distances to Toxic Endpoint, 10-Minute Release, Urban Conditions, F
Stability, Wind Speed 1.5 Meters per Second
Reference Table 8—Dense Gas Distances to Toxic Endpoint, 60-Minute Release, Urban Conditions F
Stability, Wind Speed 1.5 Meters per Second
Reference Table 9—Distances to Toxic Endpoint for Anhydrous Ammonia Liquefied Under Pressure F
Stability, Wind Speed 1.5 Meters per Second '
Reference Table 10—Distances to Toxic Endpoint for Aqueous Ammonia, F Stability, Wind Speed 1.5
Meters per Second
Reference Table 11—Distances to Toxic Endpoint for Chlorine, F Stability, Wind Speed 1.5 Meters per
Second
Reference Table 12—Distances to Toxic Endpoint for Sulfur Dioxide, F Stability, Wind Speed 1.5
Meters per Second "
Reference Table 13—Distance to Overpressure of 1.0 psi for Vapor Cloud Explosions of 500 - 2,000,000
Pounds of Regulated Flammable Substances Based on TNT Equivalent Method, 10 Percent Yield Factor
Reference Table 14—Neutrally Buoyant Plume Distances to Toxic Endpoint for Release Rate Divided by
Endpoint, 10-Minute Release, Rural Conditions, D Stability, Wind Speed 3.0 Meters per Second
Reference Table 15—Neutrally Buoyant Plume Distances to Toxic Endpoint for Release Rate Divided by
Endpoint, 60-Minute Release, Rural Conditions, D Stability, Wind Speed 3.0 Meters per Second
Reference Table 16—Neutrally Buoyant Plume Distances to Toxic Endpoint for Release Rate Divided by
Endpoint, 10-Minute Release, Urban Conditions, D Stability, Wind Speed 3.0 Meters per Second
Reference Table 17—Neutrally Buoyant Plume Distances to Toxic Endpoint for Release Rate Divided by
Endpoint, 60-Minute Release, Urban Conditions, D Stability, Wind Speed 3.0 Meters per Second
Reference Table 18—Dense Gas Distances to Toxic Endpoint, 10-Minute Release, Rural Conditions D
Stability, Wind Speed 3.0 Meters per Second
Reference Table 19—Dense Gas Distances to Toxic Endpoint, 60-Minute Release, Rural Conditions, D
Stability, Wind Speed 3.0 Meters per Second
January 26, 1999 , . • '
-------
Chapter 4
Offsite Consequence Analysis ' 4-28
Reference Table 20—Dense Gas Distances to Toxic Endpoint, 10-Minute Release, Urban Conditions, D
Stability, Wind Speed 3.0 Meters per Second
Reference Table 21—Dense Gas Distances to Toxic Endpoint, 60-Minute Release, Urban Conditions D
Stability, Wind Speed 3.0 Meters per Second - '
Reference Table 22—Distances to Toxic Endpoint for Anhydrous Ammonia, D Stability, Wind Speed 3 0
Nfeters per Second
Reference Table 23—Distances to Toxic Endpoint for Aqueous Ammonia, D Stability, Wind Speed 3 0
Meters per Second
Reference Table 24—Distances to Toxic Endpoint for Chlorine, D Stability, Wind Speed 3 0 Meters per
Se,cond
Reference Table 25—Distances to Toxic Endpoint for Sulfur Dioxide, D Stability, Wind Speed 3.0
Meters per Second
Reference Table 26—Neutrally Buoyant Plume Distances to Lower Flammability Limit (LFL) for Release
Rate Divided by LFL, Rural Conditions, D Stability, Wind Speed 3.0 Meters per Second
Reference Table 27—Neutrally Buoyant Plume Distances to Lower Flammability Limit (LFL) for Release
Rate Divided by LFL, Urban Conditions, D Stability, Wind Speed 3.0 Meters per Second
Reference Table 28—Dense Gas Distances to Lower Flammability Limit Rural Conditions, D Stability
Wind Speed 3.0 Meters per Second
Reference Table 29^-Dense Gas Distances to Lower Flammability Limit Urban Conditions, D Stability
Wind Speed 3.0 Meters per Second '
Tables of Data
Exhibit B-l—Data for Toxic Gases
Exhibit B-2—Data for Toxic Liquids
Exhibit B-3—Data for Water Solutions of Toxic Substances and for Oleum, Average Vapor Pressure and
Liquidators over 10 Minutes for Wind Speeds of 1.5 and 3.0 Meters per Second (m/s)
Exhibit B-4—Temperature Correction Factors for Liquids Evaporating from Pools at Temperatures
Between 25 °C and 50 °C (77 T and 122 °F)
Exhibit Ol—Heats of Combustion for Flammable Substances
Exhibit C-2—Data for Flammable Gases
Exhibit C-3—Data for Flammable Liquids
January 26.1999
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4-29
Chapter 4
Reference Table 1
Neutrally Buoyant Plume Distances to Toxic Endpoint for Release Rate Divided by Endpoint
10-Minute Release, Rural Conditions, F Stability, Wind Speed 1.5 Meters per Second
Release Rate/Endpoint
[Obs/min)/(mg/L)] (8)
0-4.4
4.4 - 37
37-97
97 - 180
180-340
340 - 530
530-760
760-1,000
1,000- 1,500
1,500-1,900
1,900-2,400
2,400-2,900
2,900-3,500
3,500 - 4,400
4,400-5,100
5,100-5,900
5,900 - 6,800
6,800-7,700
7,700-9,000
9,000-10,000
10,000-11,000
11,000- 12,000
12,000-14,000
14,000 - 15,000
Distance to
Endpoint
(miles) 1
0.1 •• . 1
' 0.2 |
0.3
0.4
0.6
0.8
1.0
1.2
1.4
1.6
1.8
2.0
2.2
2.4
2.6
2.8
3.0
3.2
3.4
3.6
3.8
4.0
4.2
4.4
'
•"" ^~~
Release
Rate/Endpoint
[(Ibs/min)/(mg/L)l (5)
16,000-18,000
18,000- 19,000
19,000-21,000
2 1,000- 23,000 ~
23,000-24,000
24,000-26,000
26,000 - 28,000
28,000-29,600
.29,600 - 35,600
35,600 - 42,000
42,000-48,800
48,800 - 56,000
56,000 - 63,600
63,600-71,500
71,500-88,500
88,500-107,000
107,000-126,000
126,000- 147,000
' 147,000- 169,000
169,000- 191,000
191,000-215,000
215,000-279,000
279,000 - 347,000 '.'
>347,000
Distance to
Endpoint
(miles)
4.8
5.0 . .
"5.2
5.4
5.6
. 5.8
6.0
6.2
6.8
7.5
8.1 1
8.7
9.3
9.9
. 11
12
14
15 .
16
17
19
22 .
25
•>25* 1
* Report distance as 25 miles
January 26, 1999
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Chapter 4
Offsite Consequence Analysis
4-30
Reference Table 2
Neutrally Buoyant Plume Distances to Toxic Endpoint for Release Rate Divided by Endpoint
60-Minute Release, Rural Conditions, F Stability, Wind Speed 1.5 Meters per Second
Release
Rate/Endpoint
r(lbs/min)/(mg/L)] (6)
0-5.5
5.5 - 46
46 - 120
120 - 220
220-420
420 - 650
650-910
910- 1,200
1,200-1,600
1,600-1,900
1,900-2,300
2,300-2,600
2,600 - 2,900
2.900 - 3,400
3,400 - 3,700
3,700-4,100
4,100-4,400
4,400-4,800
4,800 - 5,200
5,200 - 5,600
5,600 - 5,900
5.900 - 6,200
6.200 - 6.700
6,700 - 7,000
7,000 - 7,400
Distance to
Endpoint
(miles)
0.1
0.2
0.3
0.4
0.6
0.8
1.0
1.2
1.4
1.6
1.8
2.0
2.2
2.4
2.6
2.8
3.0
3.2
3.4
3.6
3.8
4.0
4.2
4.4
4.6
Release
Rate/Endpoint
[(lbs/min)/(mg/L)] (6)
7,400 - 7,700
7,700-8,100
8,100-8,500
8,500 - 8,900
8,900 - 9,200
9,200-9,600
9,600 - 10,000
10,000-10,400
10,400-11,700
11,700- 13,100
13,100- 14,500
14,500 - 15,900
15,900- 17,500
17,500-19,100
19,100-22,600
22,600 - 26,300
26,300 - 30,300
30,300 - 34,500
34,500 - 38,900
38,900 - 43,600
43,600 - 48,400
48,400-61,500
61,500-75,600
>75,600
Distance to
Endpoint
(miles)
4.8
5.0
5.2
5.4
5.6
5.8
6.0
6.2
6.8
7.5
8.1
8.7
9.3
9.9
11
, 12
14
15
16
17
19
22
25
>25*
* Report distance as 25 miles
Januuy 26.1999
-------
4-31
Chapter 4
: . • " ' . v-/ii!>iie consequence Anaiysi
Reference Table 3
Neutrally Buoyant Plume Distances to Toxic Endpoint for Release Rate Divided by Endpoint
10-mmute Release, Urban Conditions, F Stability, Wind Speed 1.5 Meters per Second
Release
Rate/Endpoint
[(lbs/min)/(mg/L)H6)
."0-21
21-170
170-420
' 420 - 760
760- 1,400
' 1,400-2,100
2,100-3,1,00
. 3,100-4,200
4,200-6,100
6,100-7,800
7,800 - 9,700
" 9,700- 12,000
12,000-14,000
14,000- 18,000
18,000-22,000
22,000 - 25,000
25,000 - 29,000
29,000-33,000
33,000-39,000 -
39,000-44,000
44,000 - 49,000
49,000 -55,000. •
55,000-63,000
63,000 - 69,000
69,000-76,000
Distance to .
Endpoint
(miles)
0.1
0.2
'•
'
: =
Release
Rate/Endpoint
[(lbs/min)/(me/L) ( 6)
76,000 - 83,000
83,000-90,000
"0.3 1 9o.onn-inn,nm '
0.4 1 •
0.6
0.8
1.0
1.2
1.4
1.6
1.8,
2.0
2.2 -
2.4
2.6 .
2.8
3,0
3.2
3.4
3.6
3.8
4.0
4.2
4.4
4.6
.
100,000- 110,000
110,000-120,000
120,000-130,000
130,000-140,000
140,000 - 148,000
148,000-183,000
1 183,000-221,000
221,000-264,000
264,000-310,000
310,000-361,000
361,000-415,000
415,000-535,000
535,000-671,000
671,000-822,000
822,000-990,000
990,000-1,170,000
1,170,000- 1,370,000
1,370,000-1,590.000
i •
1,590,000-2,190,000
2,190,000-2,890,000
>2,890,000
Distance to
Endpoint
(miles) |
4.8
5.0
5.2
5.4
5.6
5.8
6.0
6.2
6.8
, -7.5
8.1
8.7
9.3 '
9.9
11
12
14 .
15
16
17
19
22 . "
25
>25*
* Report distance as 25 mile
January 26, 1999
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Chapter 4
Offsite Consequence Analysis
4-32
Reference Table 4
Neutrally Buoyant Plume Distances to Toxic Endpoint for Release Rate Divided by Endpoint
60-Minute Release, Urban Conditions, F Stability, Wind Speed 1.5 Meters per Second
Release
Rate/Endpoint
[(lbs/min)/(mg/L)] (6)
0-26
26-210
210-530
530 - 940
940-1,700
1,700-2,600
2,600 - 3,700
3,700 - 4,800
4,800 - 6,400
6,400 - 7,700
7,700-9,100
9,100-11,000
11,000- 12,000
12,000-14,000
14,000-16,000
16,000- 17,000
17,000-19,000
19,000-21,000
21,000-23,000
23,000 - 24,000
24,000 - 26,000
26,000 - 28,000
28,000 - 30,000
30,000 - 32,000
32,000 - 34,000
Distance to
Endpoint
(miles)
0.1
0.2
0.3
0.4
0.6
0.8
1.0
1.2
1.4
1.6
1.8
2.0
2.2
2.4
2.6
2.8
3.0
3.2
3.4
3.'6
3.8
4.0
4.2
4.4
4.6
Release
Rate/Endpoint
[(lbs/min)/(mg/L)l (8)
34,000 - 36,000
36,000-38,000
38,000-41,000
41,000-43,000
43,000 - 45,000
45,000 - 47,000
47,000 - 50,000
50,000 - 52,200
52,200 - 60,200
60,200 - 68,900
68,900 - 78,300
78,300 - 88,400
88,400 - 99,300 ,
99,300- 111,000
111,000-137,000
137,000- 165,000
165,000- 197,000
197,000-232,000
232,000-271,000
271,000-312,000
312,000-357,000
357,000 - 483,000
483,000 - 629,000
>629,000
Distance to
Endpoint
(miles)
4.8
5.0
5.2
5.4
5.6
5.8
6.0
6.2
6.8
7.5
8.1
8.7
9.3
9.9
11
12
14
15
16
17
19
22
25
>25*
* Report distance as 25 miles
Januiuy 26.1999
-------
4-33
> •
Der
^==^==
Release
Rate
(Ibs/min)
2
5
. 10
30
50
100
150
250
500,
750
1,000
1,500
2,000
2,500
3,000
4,000
5,000
7,50,0
Reference Table 5
.se Gas Distances to Toxic Endpoint, 10-minute Release. Rural Tonkin™, r S,QH:,;*V Wind Snrrrt } , Mr|rr_ nr, „, , ,
0.0004
2.2
3.0
4.8
6.8
II
14
19
24
>25
*
*
*
*
#
*
*
*
*
*
10,000 1 * -
15,000
20,000
50,000
75,000
100,000
150,000
?onnnn
*
*
*
* '
*
*
*
0.0007
1.7
2.4
3.7
5.0
8.7
II
15
18
22
>25
*
*
*
*
*
*
• *
*
*
*
*
*
*
*
#
*
"*
-i— p- | Toxic Endpoint (mg/L)
0.001 | 0.002
1.5
2.1
3.0
4.2
6.8
9.3
12
15
19
>25
*
*
*'
*
* -
*
*
*
*•
#
*
*
*
*
. *
*
*
* > 25 miles (report distance as 25 miles)
1.1
1.5
2.2
3.0
5.2
6.8
8.7
11
14
19
23
>25,
*
*
* •
•*
*
*
*
*
- *
" *
*
*
*
*
0.0035
0.8
1.1
1.7
2.4
3.9
5.0
6.8
8.1 ,
11
14
17
20
24
>25
'. *
*
*
. •*
*
*
He
*
*
*
*
*
0.005
0,7
0.9
1.5
2.1
3.4
4.2
5.8
6.8
8.7
12
15
17
20
23
>25
*
*
* i
*
*
*
*
*
*
*
*
0.0075
0.5
0.7
1.2
1.7
2.8
3.5
4.8
5.7
7.4
9.9
12
'14
16
19
20
23
>25
*
*
*
*
*
*
*
*
*
0.01
Distant
0.5
0.7
1.0
1.4
2.4
3.0
4.2
5.0
6.2
8.7
11
12
14
16
18
20
22
25
>25
*
*
*
*
*
#
*
0.02 | 0.035
e (Miles)
0.3
0.4
0.7
1.0
1.7
2.2
2.9
3,6
4.5
6.2
7.4
8.1
9.9,
11
12
14
16
17
20
24
>25
*
*
*
*
*
*
0.2
:0.3
0.5
0.7
1.3
1.7
2.2
2.7
3.4
4.7
5.5
6.2
7.4
8.7
9.3
9.9
II
13
15
17
20
23
>25
'*
*
* '
*
0.05 | 0.075
0.2
0.3
0.4
0.6
1,1
1.4
1.9
2.3
2.8
3.8
4.5
5.2
6.2
'6.8
8.1
8.7
9.3
11
12
14
17
19
>25
*
*
*
*
,0.2
0.2
0.3
0.5
0.9
I.I
1.6
1.9
2.3
3.1
3.7
4.2
5.0
5.6
6.2
6.8
7.4
8.7
9.9
II
13
15
21
>25
*
*
*
0.1
0.1
0.2
0.3
0.4
0.7
0.9
1.3
1.6 .
2.0
2.7
3.2
3.6
4.3
4.8
5.3 ,
5.6
6.2
6.8
8.7
9.3
11
12
18
21
24
>25
*
# <0
0.25 | 0.5
0.1
O.I
0.2
0.2
0.4
0.6
0.8
0.9
1.2
1.6
1.9
2.2
2.5 -
2.9
3.2 •
3.4
3.8
4.2
4.9
5.5
6.2
7.4
10
12
13
15
17
mile (rep(
- #
, <0.1
O.I
0.2
0.3
0.4
0.5
0.6
08
1.1
1.3
1.4
1.7
1.9
2.1
2.2
2.5
2.7
3.2
3.6
4.2
4.7
6.6
7.6
85
9.8
II
)rl distance
nd
j-1 -'- ' — — — — _
0.75
#
<0 1
0 1
0 1
02
0"!
04
05
0.6
0.9
1 0
1 |
1 3
I 5
1 6
1 7
-20
2 1
25
28
32
3 7
50
5 8
64
7,4
8.2
=====
as O.I mile)
-------
4-34
Reference Table 6 ,
Dense Gas Distances to Toxic Endpoint, 60-miraute Release, Rural Conditions, F Stabilitv. Wind Soeed 1.5 Meters ner frmnH
Release
Rale
(Ibs/min)
I
2
5
10
30
50
100
150
250
500
750
1,000
1.500
2,000
2,500 '
3,000
4,000
5,000
7,500
10,000
15,000
20,000
50,000
75,000
100.000
150,000
200,000
0.0004
3.7
5.3
8.7
12
22
>25
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
0.0007
2.7
4.0
6.8
9.3
16
21
>25
*
*
*
*
*
*
*
*
*
*
*
*
*
* i
*
*
*
*
*
*
0.001
2.2
3.2
5.3
8.1
14
18
>25
*
*
*
#
#
*
*
*
*
*
*
*
*
*
*
*
#
*
*
*
0.002
1.4
2.2
3.7
5.3
9.9
12
18
22
>25
*
*
*
*
*
*
*
*
*
*
*
*
*
*
* .
*
*
*
0.0035
1.0
1.6
2.7
4.0
7.4
9.3
13
17
22
>25
*
#
*
*
*
*
*
*
*
#
*
*
*
*
*
*
• *
Toxic Endpofatt (rog/L)
0.005
0.8
1.2
2.2
3.3
6.1
8.1
II
14
18
25
>25
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
0.0075
0,01
0.02
0.035
0,05
0.075
Distance (Miles)
0.6
1.0
1.7
2.7
4.9
6.2
9.3
11
14
20
25
>25
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
0.5
0.8
1.4
2.2
4.1
5.4
7.4
9.9
12
17
22
25
>25
*
*
*
*
*
*
*
#
*
*
*
*
*
#
0.3
0.5
0.9
1.4
2.9
3.8
5.5
6.8
8.7
12
15
17
20
24
>25
*
*
*
*
*
*
*
*
*
*
*
*
0.2
0.4
0.6
1.0
2.1
2.7
4.0
4.9
6.2
9.3
11
12
16
17
20
21
24
>25
*
*
*
*
*
*
*
*
*
0.2
0.3
0.5
0.8
1.6
2.2
3.2
4.0
5.2
7.4
9.3
11
12
14
16
17
20
22
>25
*
*
*
*
*
*
*
*
O.I
0.2
0.4
0.6
1.2
1,7
2.5
3.1
4.1
5.8
7.4
8.1
9.9
11
13
14
16
17
21
24
>25
*
*
*
*
*
*
0.1
O.I
0.2
0.3
0.5
1.0
1.4
2.1
2.7
3.5
5.0
6.1
6.8
8.7
9.9
11
12
14
15
18
20
24
>25
*
*
*
*
*
0.25
<0.l
O.I
0.2
0.3
0.5
0.7
I.I
1.4
1,9
2.9
3.5
4.0
5.0
5.7
6.2
6.8
8.1
8.7
11
12
14
16
22
>25
*
*
*
0,5
#
amue«(iiepondidanceat 25 miles) - , #< .1 mile (re ort distance as 0.1 mi
-------
4-35
Reference Table 7
Den e Gas Distances to Toxic Endpoint, 10-minute Release, Urban Conditions, F Stability. Wind Speed 1.5 Mrter* PPr SP™^
Release
Rate
(Ibs/min)
1
2
5
10
30
50
100
150
250
,500
750
1,000
1,500
2,000
2,500
, 3,000
4,000
5,000
7,500
10,000
15,000
20,000
- 50,000
75,000
100,000
150,000
200,000
0.0004
1.6
2.2
3.5
4.9
8.1
II
15
19
24
>25'
*
*
*
* -
*
*
0.0007
1.2
1.7
2.7
3.8
6.2
8.1
II
14
,18
>25
*
*
*
*
*
*
*
0.001
. I.I
1.4
2.2
3.1
5.3
6.8
9.3
12
15 .
21
>25
*
'*
*
*
*
*
*
- *
0.002
0.0035
Toxic Endpoint (mg/L) .
0.005
0.0075
0.01
0.02
0.7
1.1
1.6
2.2
3.7
4.8
6.8
8.1
II
'! 15
18
21
>25
*
*
*
*
*
*
*
*
*
*
*
*
*
0.6
0.8
1.2
1.7
2.9
3.7
5.2
6.1
8.1
11
14
16
19
22
24
>25
*
*
*
*
*
* •
*
' *
*
*
*
0.4-
0.6
1.0
1.4
2.4
3.1
4.2
5.2
6.8
9.3
11
13
16
18 '
.20
22
25
>25
*
*
*
*
* -
*
*
* i
*
0.4
0.5
0.8
1.2
2.0
2.5
3.5
4.3
5.4
7.4
9.3
11
12
15
16
18
20
23
>25
*
* . ".
*
*
*
*
*
*
0.3
- 0.4
0.7
1.0
1.7
2.1
3.0
3.6
4.6
6.2 ,
8.1
9.3
11
12
14
16
17
20
24
>25
*
*
* .
*
*
*
*
0.2
0.3
0.5
0.7
1.2
1.5
2.1
2.5-
3.3
4.5
5.5
6.2
7.4
8.7
9.9
II
12
14
16
19
' 22
>25
*
" *
* -
*
*
0.035
0.2
0.2
0.4
0.5
0.9
I.I
1.6
1.9
- 2.4
3.4
4.1
4.6
5.6
6.2
6.8
7.4
8.7
9.9
12
14
16
19
>25
*
*
*
*
0.05
' O.I
0.2
0.3
0.4
0.7
0.9
1.3
1.6
2.0
2.8
3.3
3.8
4.6
5.2
5.8
6.2
6.8
8.1
9.9
11
13
15
23
>25
*
*
*
0.075
O.I
O.I
0.2 -
0.3
0.6
0.7
1.0
1.2
1.6
2.2 ,
2.6
3.0
3.7
4.1
4.7
5.0
5.6
6.2
7.4
8.7
11
12
17
21
. 24
>25
0.1
0.1
0.1
0.2
0.2
0.4
0.6
0.9
I.I
1.4
1.9
22
2.5
3.0
3.5
3.8
4.2
4.8
.5.3
6.2
7.4
8.7
9.9
15
17
20
23
0.25
#
<01
O.I
O.I
0.2
0.3
0.5
0.6
0.7
I.I
1.3
1.5
1.7
2.0
2 2
2.4
27
3.0
3.6
4.1
4.9
5.5
8.1
9.6
II
13
0.5
#
#
<01
O.I
0.1
0.2
0.3
0.4
0.5
0.7
0.8
0.9
1.1
1.3
1.4 ,
1.6
1.7
1.9
2.3
2.6
3.1
3.5
5.1
6.0
6.8
s.r
0.75
' #
#
#
<01
O.I
0.1
0.2
0.2
0,3
0.5
0.6
0.7
0.8
0.9
I.I'
1.2
1.3
1.4
1.7
2.0
2.3 -
2 7
3.8
4.5
5.1
6.1
#
-------
4-36
Reference Table 8
Dense Gas Distances to Toxic Endpoint, 60-rainute Release, Urban Conditions, F StabilitY, Wind Soeed 1.5 Meters ner Sprnml
Release
Rale
(Ibs/mln)
1
2
5
10
30
50
100
ISO
250
500
750
1,000
1,500
2,000
2,500
3,000
4,000
5,000
7,500
10,000
15,000
20,000
50,000
75,000
100,000
150,000
200,000
O.OW4
2.6
3.8
6.2
9.3
16
22
>25
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
0.0007
1.9
2.9
4.7
6.8
12
16
24
>25
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
0,001
1.5
2.3
3.9
5.6
9.9
14
20
24
>25
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
0,002
1.1
1.5
2.6
3.9
7.4
9.3
14
17
22
>25
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
0.W3S
0.7
I.I
1.9
2.9
5.3
6.8
9.9
12
16
24
>25
*
• *
*
*
*
*
*
*
*
*
*
*
*
*
*
*
0.005
0.6
0.9
1.5
2.3
4.3
5.7
8.1
II
14
19
24
>25
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
Toxtc Endpoint (mg/L)
0.0075
0.01
0.02
0.035
0.05
Distance (Miles)
0.4
0.7
1.2
1.8
3.4
4.5
6.8
8.1
II
16
19
22
>25
*
*
*
*
*
*
*
*
*
*
*
*
*
*
0.4
0.6
0.9
1.5
2.9
3.8
5.7
6.8
9.3
13
16
19
24
>25
*
*
*
*
*
*
*
*
*
*
*
*
*
0.2
0.4
0.6
0.9
1.9
2.6
3.8
4.8
6.2
9.3
11
13
16
19
20
22
>25
*
*
*
*
*
*
*
*
*
*
0.2
0.2
0.4
0.7
1.3
1.8
2.7
3.5
4.5 •
6.8
8.1
9.3
12
13
15
16
19
21
>25
*
*
*
*
*
*
*
*
O.I
0.2
0.3
0.5
1.0
1.4
2.2
2.8
3.7
5.4
6.8
7.4
9.3
II
12
13
16
17
20
24
>25
*
*
*
*
#
*
0,075
O.I
0.1
0.2
0.4
0.7
I.I
1.7
2.2
2.9
4.2
12
6.0
7.4
8.7
9.3
11
12
14
16
19
22
>25
*
*
*
*
*
0.1
O.I
O.I
0.2
0.3
0.6
0.9
1.4
1.8
2.4
3.5
4.3
5.0
6.2
7.4
8.1
8.7
9.9
II
14
16
19
21
>25
*
*
*
*
0.25
«
25
0.5
f
«
-------
4-37
Chapter 4
Offsite Consequence Analysis
Reference Table 9
Distances to Toxic Endpoint for Anhydrous Ammonia Liquefied Under Pressure
F Stability, Wind Speed 1.5 Meters per Second
Release Rate
(Ibs/min)
1
2
5 . '
10
15
20
30
40
50
60
70
80
90
100
150
200
250
300
400
' 500
600
700
750-
800
900
Distance to Endpoint (miles)
Rural
0.1
0.1
0.1
0.2
0.2
0.3
0.3
. 0.4
0.4
0.5
0.5
0.5
0.6
0.6
0.7
0.8
0.9
1.0
1.2
1.3
1.4
1.5
1.6
1.6
1.7
Urban
<0.1* ..
0.1
0.1
0.1
0.2
0.2
0.2
0.3
0.3
0.3
0.3
0.4
0.4
0.4
0.5
0.6
0.6
0.7
0.8
0.9
. 0.9
1.0
1.0
1.1
1.2
*Report distance as 0.1 mile
Release Rate
(Ibs/min)
1,000
1,500
2,000
2,500
3,000
4,000
5,000
6,000
7,000
7,500
8,000
9,000
10,000
15,000
. 20,000:
25,000
30,000
40,000
50,000
75,000
100,000
150,000
200,000
250,000
750,000
Distance to Endpoint (miles)
. Rural
1.8
,2.2 .
2.6
2.9
3.1 '
3.6
4.0
4.4
4.7
4.9.
5.1
5.4
5.6
6.9
8.0
8.9
9.7
11
12
15 ,
18
22
**
**
**
Urban
1.2
1.5
1.7
1.9
2.0
2.3
2.6
2.8
3.1
3.2
3.3
3.4
3.6
4.4
5.0
5.6
6.1
7.0 .
7.8
9.5
10
13
15
17
**
** More than 25 miles (report distance as 25 miles)
January 26, 1999
-------
Chapter 4
Oflsite Consequence Analysis
4-38
Reference Table 10
Distances to Toxic Endpoint for Aqueous Ammonia
F Stability, Wind Speed 1.5 Meters per Second
Release Rate
(Ibs/min)
1
2
5
10
15
20
30
40
50
60
70
80
90
100
150
200
250
300
400
500
600
700
750
800
900
Distance to Endpoint (miles)
Rural
0.1
0.1
0.1
0.2
0.2
0.3
0.3
0.4
0.4
0.4
0.5
0.5 '
0.5
.0.6
0.7
0.8
0.8
0.9
1.1
1.2
1.3
1.4
1.4
1.5
1.5
Urban
<0.1*
0.1
0.1
0.1
0.1
0.1
0.1
0.2
0.2
0.2
0.2
0.2
0.2
0.3
0.3
0.3
0.4
0.4
0.4
0.5
0.5
0.5
0.6
Release Rate
(Ibs/min)
1,000
1,500
2,000
2,500
3,000
4,000
5,000
6,000
7,000
7,500
8,000
9,000
10,000
15,000
20,000
25,000
30,000
40,000
50,000
75,000
100,000
150,000
200,000
250,000
750,000
Distance to Endpoint (miles)
Rural
1,6
2.0
2.2
2.5
2.7
3.1
3.4
3.7
4.0
4.1
4.2
4.5
4.7
5.6
6.5
7.2
7.8
8.9
9.8
12
14
16
19
21
**
Urban
0.6
0.7
0.8
0.9
1.0
1.1
1.2
1.3
1.4
1.5
1.5
1.6
1.7
2.0
2.4
2.6
2.8
3.3
3.6
4.4
5.0
6.1
7.0
7.8
13 ,
Januiiy26.1999
.** More than 25 piles (report distance as 25 miles)
-------
4-39
Chapter 4
Release Rate
(Ibs/min)
1
2
5
10
15
20
30
40'
50
60
70
' 80
90
100
150
200
250
300
400
500
600
700
V/Tnrf* thnn 9*1 mi
Reference Table 11
Distances to Toxic Endpoint for Chlorine
F Stability, Wind Speed 1.5 Meters per Second
Distance to Endpoint (miles)
Rural
0.2
0.3
0.5 .
0.7
0.8
1.0
1.2
1.4
. . 1.5 - >
1.7
1.8
1.9
2.0
2.2
2.6
3.0
3.4
3.7
4.2
- 4.7
5.2
5.6
Urban
0.1
0.1
. 0.2
0.3
0.4
0.4
0.5
0.6
0.6
0.7
0.8
0.8
0.9
0.9
- 1.2
1.3
1.5
1.6
1.9
2.1
•2.3'
2.5
Release Rate,
(Ibs/min)
750
800
900
1,000
1,500
2,000
2,500
3,000
4,000 .
5,000
6,000
7,000
7,500 .
8,000
9,000
10,000
15,000 N
20,000
25,000
30,000
40,000
50,000
Distance to Endpoint (miles)
Rural
5.8
5.9
6.3
6.6 --
8.1
9.3
10
11
13 •
14
16
17'
18
18
19
20
25
*
*
*
*
*
Urban
2.6
2.7
2.9
3.0
3.8-
4.4
4.9
5.4
6:2 .
7.0
7.6
8.3
8.6
8.9 • .
9.4
- 9.9
12
14
16
18
20
*
January 26, 1999
-------
Chapter 4
Offsite Consequence Analysis
4-40
Reference Table 12
Distances to Toxic Endpoint for Anhydrous Sulfur Dioxide
F Stability, Wind Speed 1.5 Meters per Second
Release Rate
(Ibs/min)
1
2
5
10
15
20
30
40
50
60
70
80
90
100
150
200
250
1 300
400
500
600
700
Distance to Endpoint (miles)
Rural
0.2
0.2
0.4
0.6
0.7
0.9
1.1
1.3
1.4
1.6
1.8
1.9
2.0
2.1
2.7
3.1
3.6
3.9
4.6
5.2
5.8
6.3
Urban
0.1
0.1.
0.2
0.2
0.3
0.4
0.5
0.5
0.6
0.7
0.7
0.8
0.8
0.9
1.1
1.3
1.4
1.6
1.9
2.1
2.3
2.5
, *- More than 25 miles (report distance as 25 miles)
Release Rate
(Ibs/min)
750
800
900
1,000
1,500
2,000
2,500
3,000
4,000
5,000
6,000
7,000
7,500
. 8,000
9,000
10,000
15,000
.20,000
25,000
30,000
40,000
50,000
Distance to Endpoint (miles)
Rural
6.6
6.8
7.2
7.7
9.6
11
13
14
. 17
19
21
23
24
25
*
*
*
*
*
*
*
*
Urban
2.6
2.7
,2.9
3.1
3.8
4.5
5.0
5.6
6.5
7.3
8.1
8.8
9.1
9.5
10
11
13
16
18
19
23
*
Janumy 26.1999
-------
4-41
Offsite Cc
Chapter 4
:e Analysis
Reference Table 13
Distance to Overpressure of 1.0 psi for Vapor Cloud Explosions of 500 - 2,000,000 Pounds of Regulated Flammable Substances Based
TNT Equivalent Method, 10 Percent Yield Factor
on
Quantity in Cloud (pounds)
CAS No.
75-07-0
74-86-2
598-73-2
106-99-0
106-97-8
25167-67-3
590-18-1
624-64-6
106-98-9
107-01-7
463-58-1
7791-21-1
590-21-6
557-98-2
460-19-5
75-19-4
4109-96-0
75-37-6
124-40-3
463-82-1'
Chemical Name
Acetaldehyde
Acetylene
Bromotrifluoroethylene
1,3-Butadiene
Butane
Butene
2-Butene-cis
2-Butene-trans
I -Butene
2-Butene
Carbon oxysulfide
Chlorine monoxide
l-Chloropropylene
2-Chloropropylene
Cyanogen
Cyclopropane
Dichlorosilane
Difluoroethane
Dimethylamine
2,2-DimethvlDrooane
500
0.05
0.07
0.02
0.06
0.06
0.06
0.06
0.06
0.06
0.06
0.04
0.02
0.05
0.05
0.05
0.06
0.04
0.04
0.06
0.06
2,000
0.08
0.1
0.04
O.I .
0.1
0.1
O.I
0.1
0.1
0.1
0.06
0.03
0.08
0.08
0.08
0.1
0.06
0.06
0.09
0.1
5,000
10,000
20,000
50,000
100,000
" Distance (Miles) to 1 psi Ovcrpressi
O.I
O.I-
0.05
O.I
O.I
O.I
0.1
0.1
O.I
0.1
0.08
0.04
O.I
-b.i
OH
0.1
0.08
0.09
0.1
O.I
0.1
0.2
0.06
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.1
0.05
0.1
O.I
0.1
0.2
0.1
0.1
0.2
0.2
0.2
0.2
0.08
0.2
x 0.2
0.2
0.2
0.2
0.2
0.2
0.1
0.06
0.2
0.2
0.2
0.2
O.I
0.1
0.2
0.2
0.2
0.3
0.1
0.3
0.3
0.3
0.3
0.3
0.3
0.3
0.2
0.08
0.2
0.2
0.2
0.3
0.2
0.2
0.3
0.3
0.3 .
0.4
0.1-
0.4
0.4,
0.4
0.4
0.4
0.4
0.4
0.2
O.I
0.3
0.3
0:3
0.4
0.2
0.2
0.3
0.4
200,000
0.4
0.5
0.2
• 0.5 ,
0.5
0.5
0.5
0.5
0.5
0.5
0.3
O.I
0.4 -
0.4
0.4
0.5
0.3
0.3
0.4
0.5
500,000
0.5
0.7
0.2
0.6
0.6
0.6
0.6
0.6
0.6
0.6
0.4
0.2
0.5
0.5
0.5
0.6
0.4
0.4
0.6
0.6
1,000,000
0.7
0.8
0.3
0.8
0.8
0.8
0.8
0.8
0.8
0.8
0.5
0.2
0.6
0.6
0.6
0.8 .
0.5
0.5
0.7
1 0
1.0
-
03
•
*
January 26, 1999
-------
Chapter 4 .
Of fsite Consequence Analysis
4-42
Quantity fa Cloud (pounds)
CAS No.
74-84-0
107-00-6
75-04-7
75-00-3
74-85-1
60-29-7
75-08-1
109-95-5
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
109-67-1
Chemical Name
Ethane
Ethyl acetylene
Ethylamine
Ethyl chloride
Ethylene
Ethyl ether
Ethyl mcrcaplan
Ethyl nitrite
Hydrogen
Isobutane
Isopentane
Isoprene
Isopropylamine
Isopropyl chloride
Methane
Methylamine
3-Methyl-l-butene
2-Methyl-l-butene
Methyl ether
Methyl formate
2-Methylpropene
1 ,3-Pentadiene
Pentane
1-Pentene
500
2,000
5,000
10.000
20,000
50,000 100.000
200.01)0
Distance (Miles) to 1 ns! Overnr««ir»
0.06
0.06
0.06
0.05
0.06
0.06
0.05
0.05
0.09
0.06
0.06
0.06
0.06
0.05
0.07
0.06
0.06
0.06
0.05
0.04
0.06
0.06
0.06
0.06
O.I
0.1
0.09
0.08
O.I
0.09
0.09
0.07
0.1
O.I
0.1
0.1
0.09
0.08
O.I
0.09
0.1
O.I
0.09
0.07
0.1
0.1
O.I
0.1
0.1
0.1
0.1
O.I
O.I
O.I
0.1
O.I
0.2
O.I
O.I
O.I
0.1
O.I
O.I
O.I
O.I
O.I
O.I
0.1
O.I
0.1
0.1
O.I
0.2
0.2
0.2
O.I
0.2
0.2
0.2
O.I
0.2
0.2
0.2
0.2
0.2
O.I
0.2
0.2
0.2
0.2
0.1
O.I
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.3
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.3
0.3
0.3
0.2
0.3
0.3
0.2
0.2
0.4
0.3
0.3
0.3
0.3
0.2
0.3
0.3
0.3
0.3
0.3
0.2
0.3
0.3
0.3
0.3
0.4
0.4
0.3
0.3
0.4
0.3
0.3
0.3
0.5
0.4
0.4
0.4
0.3
0.3
' 0.4
0.3
0.4
0.4
0.3
0.3
0.4
0.4
0.4
0.4
0.5
0.5
0.4
0.4
0.5
0.4
0.4
0.3
0.6
0.5
0.5
0.5
0.4
0.4
0.5
0.4
0.5
0.5
0.4
0.3
0.5
0.5
0.5
05
500,000
0.6
0.6
0.6
0.5
0.7
0.6
0.5
0.5
0.9
0.6
0.6
0.6
0.6
0.5
0.7
0.6
0.6
0.4
0.6
0.6
0.6
1 000000
08
08
07
06
08
07
07
06
1 i
08
08
08
07
06
08
07
? fMin ntm
1 0
1 0
09
08
1 0
09
09
07
1 4
1 0
1 0
1 0
09
0 8
1 0
09
January 26, 1999
-------
4-43
Chapter 4
Offsite Consequence Analysis
Quantity in Cloud (pounds)
CAS No.
646-04-8
627-20-3
.463-49-0
74-98-6
1 15-07-1
74-99-7
7803-62-5
1 16-14-3
75-76-3
10025-78-2
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
Chemical Name
2-Pentene, (E)-
2-Pentene, (Z)-
Propadiene
Propane
Propylene
Propyfie
Silane
\
Telrafluoroethylene
Tetramethylsilane
Trichlorosilane
Trifluorochloroethylene
Trimethylamine
Vinyl acetylene
Vinyl chloride
Vinyl ethyl ether
Vinyl fluoride
Vinylidene chloride
Vinylidene fluoride
Vinyl methyl ether
500.
0.06
0.06
0.06
• 0.06
0.06
0.06
0.06
0.02
0.06
0.03
0.02
0.06
0.06
0.05
0.06
0.02
0.04
0.04
0.06
2,000
5,000
10,000
20,000
50,000
100,000
200,000
Distance (Miles) to 1 psi Overpressure
0.1
O.I
0,1
O.I
0.1
O.I
0.1
0.03
O.I
0.04
0.03
O.I
O.I
0.08
0.09
0.04
0.06
0.06
0.09
0.1
0.1
O.I
O.I
O.I
O.I
O.I
0.04
0.1
0.06
0.05
0.1
O.I
0.1
O.I v
0.05
0.08
0.09
0.1
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.05
0.2
0.08
0.06
0.2
0.2
O.I
0.2
0.06
0.1
'•o.i
0.2
• 0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.07
0.2
0.1
0.07
0.2 ,
0.2
0.2
0.2
0.08
0.1
0.1
0.2
' 0.3
' 0.3
0.3
0.3
0.3
0.3
0.3
0.09
0.3
0.1
0.1
0.3
0.3
• 0.2
0.3
0.1
0.2
0.2 *.
0.3
0.4
0.4 "
0.4
0.4
0.4
0.4
0.4
0.1
0.4
0.2
O.I
0.4
0.4
0.3
0.3 '
0.1
0.2
0.2
0.3
0.5
0.5
0.5
0.5 -
0.5
0.5
0.5
O.I
0.5
0.2
0.2 "
0.4
6.5
0.4
0.4
0.2
0.3
0.3
0.4
500,000
0.6
0.6
0.6
0.6
0.6
0.6
0.6
0.2
0.6
0.3
0.2
0.6
0.6
0.5
0.6
0.2
0.4
0.4
0.6
1,000,000
0.8
0.8
0.8
0.8
0.8
0.8
0.8
0.2
0.8
0^4
0.3
0.8
0.8
0.6
0.7
6.3
0.5
0.5
2,000,000
1.0
1.0
1.0
1.0
1.0
1.0
1.0
0.3
1.0
0.4
0.3
1.0
1.0
0.8
0.9
0.4
,0.6
0.6
January 26, 1999
-------
Chapter 4
Offsite Consequence Analysis
4-44
Reference Table 14
Neutrally Buoyant Plume Distances to Toxic Endpoint for Release Rate Divided by Endpoint
10-Minute Release, Rural Conditions, D Stability, Wind Speed 3.0 Meters per Second
s
Release Rate/Endpoint
[(lbs/min)/(mg/L)] (6)
0-64
64-510
510-1,300
1,300-2,300
12.300-4.100
4.100-6.300
6.300-8,800
8.800-12.000
12.000-16,000
16.000-19,000
19.000-22,000
22,000-26.000
26.000-30.000
30.000 - 36.000
36,000-42,000
42,000-47,000
47,000-54,000
54,000-60,000
60.000-70,000
70.000-78,000
78.000 - 87.000
87.000-97.000
97.000-110.000
110.000-120,000
120,000-130,000
Distance to
Endpoint
(miles)
0.1
0.2
0.3
0.4
0.6
0.8
1.0
1.2
1.4
1.6
1.8
2.0
2.2
2.4
2.6
2.8
3.0
3.2
3.4
3.6
3.8
4.0
4.2
4.4
4.6
Release Rate/Endpoint
[(lbs/min)/(mg/L)]
(6)
130,000-140,000
140,000- 160,000
160,000- 180,000
180,000- 190,000
1 90,000 -210,600
210,000-220,000
. 220,000-240,000
240,000-261,000
261,000-325,000
325,000-397,000
397,000-477,000
477,000-566,000
566,000-663,000
663,000-769,000
769,000- 1,010,000
1,010,000- 1,280,000
1,280,000- 1,600,000
1,600,000- 1,950,000
1,950,000-2,340,000
2,340,000-2,770,000
2,770,000-3,240,000
3,240,000-4,590.000
4,590,000-6,190,000
>6, 190,000
Distance to
Endpoint
(miles)
4.8
5.0
5.2
• 5.4
5.6
5.8
6.0
6.2
6.8
7.5
8.1
8.7
9.3 •
9.9
11
12
14
15
16
17
19
22
25
>25*
* Report distance as 25 miles
January 26.1999
!! 'Iniiwiii1 -,' '
-------
Chapter 4
Reference Table 15 ,
Neutrally Buoyant Plume Distances to Toxic Endpoint for Release Rate Divided by Endpoint
60-Minute Relea , Rural Conditions. D Stability. Wind Sppprf r n Meters per Se ronri
Release Rate/Endpoint
[(lbs/min)/(mg/L)]
(6)
0-79
79-630
630-1,600
1,600-2,800
2,800 - 5,200
5,200-7,900
7,900-11,000
11,000-14,000
14,000-19,000
19,000-23,000
23,000 - 27,000 •
27,000-32,000
32,000 - 36,000
36,000 - 42,000
42,000 - 47,000
47,000 - 52,000
52,000 - 57,000
57,000-61,000
61,000-68,000
68,000 - 73,000
73,000-79,000 .
79,000 - 84,000
84,000-91,000
91,000-97;000
Distance to
Endpoint
(miles)
0.1
• 0.2
'. 0.3
0.4
0.6
0.8
1.0
1.2
1.4
1.6
1.8
2.0
2.2
2.4
2.6
2.8
3.0
. 3.2 . '
3.4
3.6
3.8
4.0
4.2
4.4
Release Rate/Endpoint
[(lbs/min)/(mg/L)]
(6)
100,000-108,000
• 108,000-113,000
113,000- 120,000
120,000- 126,000
126,000- 132,000 .
. 132,000-140,000
140,000- 150,000
150,000- 151,000
ISliOOO- 171,000
171,000- 191,000
191,000-212,000
212,000-233,000
233,000-256,000
256,000 - 280,000
280,000-332,000
332,000-390,000
390,000-456,000
456,000-529,000
529,000-610,000
610,000-699,000
699,000 - 796,000
796,000- 1,080,000
1,080,000- 1,410,000
>1,410,000
1
Distance to
Endpoint
(miles)
4.8
5.0
5.2
5.4
5.6
5.8
6.0
6.2
6.8
7.5
8.1
8.7 .
9.3
9.9
11
12
14
15
16
17 1
19
22 .
25.
>25* .
* Report distance as 25 mile
January 26, 1999
-------
Chapter 4
Offsite Consequence Analysis
4-46
Reference Table 16
Neutrally Buoyant Plume Distances to Toxic Endpoint for Release Rate Divided by Endpoint
10-Minute Release, Urban Conditions, D Stability, Wind Speed 3.0 Meters per Second
Release Rate/Endpoint
[(lbs/min)/(mg/L)]
(5)
0-160
160- 1,400
1,400-3,600
3,600-6,900
6,900-13,000
13,000-22,000
22,000-31,000
31,000-42,000
42,000-59,000
59,000-73,000
73,000-88,000
88,000-100,000
100.000-120,000
120.000-150,000
150.000-170,000
170,000-200,000
200,000 - 230,000
230,000 - 260,000
260.000-310.000
310,000-340.000
340,000-390,000
390,000-430.000
430.000-490,000
490.000-540,000
540.000-600,000
Distance to
Endpoint
(miles)
0.1
0.2
0.3
0.4
0.6
0.8
1.0
1.2
1.4
1.6
1.8
2.0
2.2
2.4
2.6
2.8
3.0
3.2
3.4
3.6
3.8 -
4.0
4.2
4.4
4.6
Release Rate/Endpoint
[(lbs/min)/(mg/L)]
(6)
600,000 - 660,000
660,000 - 720,000
720,000-810,000
810,000-880,000
880,000 - 950,000
950,000-1,000,000
1,000,000- 1,100,000
1,100,000- 1,220,000
1,220,000- 1,530,000
1,530,000-1,880,000
1,880,000-2,280,000
2,280,000-2,710,000
2,710,000-3,200,000
3,200,000 - 3,730,000
3,730,000-4,920,000
4,920,000-6,310,000
6,310,000-7,890,000
7,890,000 - 9,660,000
9,660,000- 11,600,000
11,600,000-13,800,000
13,800,000- 16,200,000
16,200,000-23,100,000
23,100,000-31,300,000
>3 1,300,000
Distance to
Endpoint
(miles)
4.8
5.0
5,2
5.4
5.6
5.8
6.0
6.2
6.8
7.5
8.1
8.7
9.3
9.9
11
12
14
15'
16
17
19
22
25
>25*
* Report distance as 25 miles
Januai} 26.1999
-------
'4-47
Offsite Cc
Chapter 4
Reference Table 17
Neutrally Buoyant Plume Distances to Toxic Endpoint for Release Rate Divided by Endpoint
60-Mmute Release Urban Conditions. D Stability, Wind Speed 3.0 Meters per Second
1 Release Rate/Endpoiht
[(lbs/min)/(mg/L)]
(8) -
0-200
/ 200-1,700
1,700-4.500
4,500-8,600
8,600-17,000
17,000-27,000 .'.
27,000 - 39,000
1 39,000-53,000
53,000 - 73,000
, 73,000 - 90,000
-90,000-110,000
110,000- 130,000
. 130,000-150,000
150,000-170,000
170,000-200,000
200,000 r 220,000
1220,000 - 240,000
240,000-270,000
270,000-300,000
300,000 - 320,000
320^000 - 350,000
350,000-370,000
370,000-410,000
4 10,000 -430,000
430,000 - 460,000
Distance to
Endpoint
(miles)
0.1 -
0.2
0.3
0.4
0.6
0.8
1.0
1.2
1.4
1.6
1.8 - .
2.0
2.2
2.4
2.6
2.8
3.0
3.2
,3.4
3.6
3.8
4.0 '
4.2
4.4
4.6
(Release Rate/Endpoint
- [(lbs/min)/(mg/L)]
(8)
-460,000-490,000
490,000'- 520,000
520,000 - 550,000
1550,000 - 580,000
580,000-610,000
610,000-640,000
640,000 - 680,000
680,000 - 705,000
705,000-804,000
804,000-905,000
905,000-1,010,000
1,010,000- 1,120,000
1,120,000- 1,230,000
1,230,000- 1,350.000
1,350,000-1,620,000
1,620,000-1,920.000
1,920,000-2,250,000'
2,250,000-2,620,000
2,620,000-3,030,000
3,030,000-3,490,000
3,490,000-3,980,000
3,980,000-5,410,000
5,410,000-7,120,000
>7,120,000 •
Distance to
Endpoint
(miles) 1
4.8'
"5.0
5.2
5.4
5.6
' 5.8
6.0 , I
6.2
6.8
7.5
8.1
8.7
93
9 9
11
12
14
15
16
17
19
22
25
>25*
* Report distance as 25 miles
January 26, 1999
-------
Reference Table 18
Dense Gas Distances to Toxic Endpoint 10-minute Release, Rural Conditions, D Sfi
Release
Rate
(Ibs/min)
I
2
5
10
30
50
100
150
250
500
750
1.000
1,500
2,000
2,500
3,000
4,000
5,000
7,500
10,000
15,000
20,000
50.000
75,000
100,000
150,000
200,000
0.0004
0,6
0.9
1.4
2.0
3.7
5.0
7.4
8.7
12
17
22
>25
*
*
*
*
*
*
0.0007
0.4
0.6
1.1
1.5
2.7
3.7
5.3
6.8
8.7
13
16
19
23
>25
*
*
*
*
*
*
*
*
0.001
0.002
0.0-J35
0.005
0.0075
Toxic Endpotat (WE/L)
0.01
0.02
0.035
ibility, Wind Sp
0.05
0.075
eed 3,0 Meters per Second
0.1
0,25
0,5
0.4
0.5
0.9
1.2
2.2
3.0
4.3
5.5
7.4
11
13
16
19
22.
25
>25
*
*
' *
*
*
*
*
*
*
*
*
0,2
0.4
0.6
0.9
1.5
2.1
3.0
3.8
5.0
7.4
9.3
11
13
15
17
19
22
>25
*
*
*
*
• *
*
*
*
*
0.2
0.3
0.4
0.6
I.I
1.9
2.3
2.8
3.7
5.3
6.8
8.1
9.9
12
13
14
17
19
24
>25
*
*
*
*
*
*
*
0.1
0.2
0.4
0.5
0.9
1.2
1.7
2.3
3.0
4.5
5.6
6.8
8.1
9.3
11
12
14
16
19
22
>25
*
*
*
*
*
*
0.1
0.2
OJ
0.4
0.7
1.0
1.4
1.9
2.4
3.6
4.5
5.2
6.8
7.4
8.7
9.3
11
12
16
18
22
>25
*
*
*
*
*
O.I
O.I
0.2
0.4
0.7
0.9
1.2
1.6
2.1
3.0
3.8
4.5
5.6
6.8
7.4
8.1
9.3
11
13
16
19
22
>25
*
*
*
*
25
*
*
*
<0.l
O.I
O.I
0.2
0.3
0.4
0.6
0.8
1.1
1.6
1.9
2.3
2.9
3.4
3.8
4.2
4.9
5.6
6.8
8.1
9.9
11
18
22
>25
*
*
>t
<0,l
0.1
O.I
0.3
0.4
0.6
0.7
0.9
1.3
1.6
2.2
2.4
2.7
3.2
3.5
4.1
4.7
5.8
6.8
8.1
9.3
15
18
21
>25
*
it
<0.l
O.I
O.I
0.2
0.3
0.4
0.6
0.7
I.I
1.3
1.5
1.9
2.2
2.5
2.8
3.3
3.7
4.7
5.3
6.8
7.4
12
15
17
20
tt
#
<0.l
0.1
0.2
0.2
0.4
0.5
0.5
0.9
1.1
1.3
1.6
1.9
2.1
2.4
2.8
3.1
4.0
4.6
5.7
6.8
10
13
14
17
H
ft
i
<0.l
O.I
0.2
0.2
0.3
0.4
0.6
0.7
0.8
1.0
1.2
1.3
1.4
1.7
2.1
2.4
2.8
3.5
4.0
6.5
7.8
8.9
11
8
»
It
-------
Reference Table 19
Dense Gas Distances to Toxic Endpoint, 60-minute Release, Rural Conditions, D Stability. Wind Speed 3.0 Meters per SPronH
Release"
Rale
(Ibs/min)
I
2
1 5
10
30
50
100
150
250
500
,750
1,000
1,500
2,000
2,500
3,000 .
•' 4,000
5,000
7,500
10,000
15,000
20,000
50,000
75,000
100,000
150,000
200.000
0.0004
0.5
0.8
1.6
2.0
4.0 :
5.5 .
8.7
12
17
>25
*
*
*
#
*
*
*
*'•
*
*
t
*
*
*
*
*
0.0007
0.4
0.6
1.0
1.4
2.8
3.9
6.1
8.1
II
19
25
>25
*
*
*
*
*
*
*
,#
*
*
#
*
*
*
*
0.001
0.3
0.5
0.8
1.2
2.2
3.1
4.8
6.2
8.7
14
19
24 ,
>25
*
*
. .*
*
*
*
*
*
*
*
*
*
*
*
0.002
0.0035
Toxic Endpoint (me/L) -
0.005
0.0075
0.01
0.02
0.035
0.05
Distance (Miles)
. 0.2
0.3
0.5
0.8
1.5
2.1
3.2
4.1"
5.6
9.3
12
15
20
24
. >25
*
*
*
*
*
*
•• *
*
*
*
*
*
0.2
0.2
0.4
0.6
1.1
1.5
2.2
2.9
4.0
6.2
8.7
11
14
17
19
-22
>25
*
*
*
*
*
*
*
*
*
*
O.I
0.2
0.3
0.5
0.9
1.2
1.8
2.3
3.2
5.0
6.8
8.1
II
13
15
17
21
25
>25
• *
*
• *
*
*
*
*
*
0.1
0.2
0.2
0.4
0.7
1.0
1.4
1.8
2.5
3.9
5.1
6.1
8.1
9.9
12
13
16
19
25
>25
*
*
*
*
*
*
*
O.I
O.I
0.2
0.3
0.6
0.8
1.2
' 1.6
2.1
3.3 .
4.2
5.2
6.8
8.1
9.3
11
14
16
20
25
>25
*
*
*
*
*
*'
<0.1
0.1-
0.2
0.2
0.4
0.6
0..8
' I.I
1.4
2.2
2.8
3.4
4.3
5.2
6.0
6.8
8.7
9.9
13
16
21
25
>25
*
*
*
*
#
<0.1
0.1
0.2
0.3
0-1
0.6
0.7
I.I
1.6
2.0
2.4
3.0 -
3.7
4.3
4.8
5.8 •
6.8
9.3
11
•14
17
>25
*
*
*
*
. #
<0.l
O.I
0.1
0.2.
(U
0.5
0.6
0.9
1.3
1.6
1.9
2.5
2.9
3.4
3.8
4.7
5.3
6.8
8.7
11
. 14
25
>25
*
*
*
0.075
# .
<0.06
O.I
O.I.
0.2
0.1
0.4
0.5
0.7
1.0
1.3
1.5
. 1.9
2.3 -.
2.7
3.0
3.6
4.1
5.4
6.8
8.7
11
19
25
>25
*
*
0.1
#
•#
25
*
0.25
#
#
#
<0.1
O.I
O.I
0.2
0.3
0.4
0.5
0.6
0.7
1.0
1.2
1.3
1,5
1.7
2.0
2.6
3.1
4.0
4.8
8>8 .
11
14
17
0.5
#
#
#
<0.l
O.I
O.I
0.1
0.2
0.2
0.4
"0.4
0.5
0.7
0.7
0.9
1.0
1.2
1.4
1.7
2.1
2.6
3.1
- 5.6
7.3
9.4
II
0.75
# '
#
#
#.
<0.1
'0.1 .-
O.I
0.1
0.2
0.3
0.4
0.4
- 0.5
0.6
' 0.'7
0.8
0.9
I.I
1.4
1.6
2.1
2.5
4.3
5.6
6.8
8.7
10
# <0. 1 mile (report distance as 0. 1 mile
-------
Reference Table 20
Dense Gas Distances to Toxic Endpoint, -UMnbnte Release, Urban Conditions, D Stability. Wind Speed 3.0 Meiers pPr SM^A
Release
Rale
(Ibsfain)
I
2
5
10
30
50
100
150
250
500
750
1,000
1,500
2,000
2,500
3,000
4,000
5,000
7,500
10,000
15,000
20,000
50,000
75,000
100,000
150,000
200,000
0.0004
0,5
0.7
I.I
2.1
3.0
4.1
5.8
7.4
9.9
14
17
20
>25
*
*
*
*
*
*
*
*
*
*
*
*
*
#
0.0007
0,001
0.002
0.0035
Toxte EmdpoJnl (mp/L)
0.005
0.0075
0.01
0.02
0.035
0.05
0,075
0,1
0.2$
0,5
0.75
Distance (MJIes)
0.3
0.5
0.8
1.2
2.2
3.0
4.3
5.5
7.4
11
13
15
19
22
24
>25
*
*
#
*
*
*
*
*
*
*
*
0.2
0.4
0.6
1.0
1.9
2.5
3.5
4.5
5.8
8.7
11
12
16
18
20
22
>25
*
*
*
*
*
*
*
*
*
*
0.2
0.3
0.5
0,7
1.2
1.6
2.7
3.1
4.1
5.9
7.4
8.7
11
12
14
16
18
20
>25
*
*
*
*
*
*
*
*
0.1
0.2
0,3
0.5
0.9
1.2
1.8
2.2
3.0
4.3
5.5
6.2
8.1
9.3
11
11
14
15
19
22
>25
*
*
*
*
*
*
01
0.2
0.3
0.4
0.8
1.0
1.4
1.9
2.5
3.6
4.5
5.3
6.2
7.4
8.7
9.3
11
12
16
18
22
>25
*
*
*
*
*
O.I
O.I
0.2
0.3
0.6
0.8
T.2
1.4
2.0
2.9
3.6
4.3
5.2
6.2
6.8
7.4
8.7
9.9
12
14
18
20
>25
*
*
*
*
0,1
0.1
0.2
0.3
0.6
0.7
1.0
1.2
1.7
2.5
3.1
3.5
4.5
5.2
6.0
6.8
7.4
8.7
II
12
16
18
>25
#
*
*
*
<0.l
0.1
O.I
0.2
0.4
0.5
0.7
0.9
I.I
1.7
2.1
2.5
3.0
3.7
3.8
4.5
5.3
5.8
7.4
8.7
11
12
20
25
>25
*
*
H
25
*
a
<0.l
O.I
O.I
0.2
0.3
0.4
0.6
0.7
1.0
1.2
1.5
1.8
2.2
2.2
2.7
3.2
3.6
4.5
5.2
6.8
7.4
12
15
17
21
24
H
*
<0.1
0.1
0.2
0.2
0.4
0.4
0.6
0.8
1.0
1.2
1.5
1.7
1.9
2.1
2.6
2.9
3.6
4.2
5.2
6.0
9.7
12
14
17
19
n
#
<0.l
0.1
O.I
0.2
0.3
0.4
0.5
0.7
0.9
1.0
1.2
1.4
1.7
1.9
2.1
2.4
3.0
3.6
4.4
5.2
8.3
10
12
14
#
a
a
<0.l
0.1
O.I
0.2
0.2
0.3
0.4
0.5
0.6
0.7
0.9
1.0
1.1
1.2
1.4
1.8
2.1
2.6
3.0
5.0
6.1
7.0
8.5
#
ft
«
a
-------
r=
Release
Rate
(Ibs/min)
1
2
5
10
30
50
100
150
250
500
750
1,000
1,500
2,000
2,500
3,000
4,000
5.000
7,500
10,000
15,000
20,000
50,000
75,000
100,000
150,000
200,000
Reference Table 21
se Gas Distances to Toxic Endpoint, 60-minute Release, Urban Conditions. D Stahilitv. Winrf SHPPH rn M^~ ™, ^^
0.0004
0.0007
-j , , - Toxic Endpoint (mp/L)
0.001
0.002
0.0035
0.005
0.0075
0.01 | 0.02
0.035
Distance (Miles)
0.4
0.7
1.1
1.7
3.3
4.7
7.4
9.9
14
22
>25
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
0.3
0.5
0.8
1.2
2.4
3.3
5.2
6.8
9.3
16
20
24
>25
*
*
*
*
*
*
*
*
*
*
*
*
*
*
0.2
0.4
0.7
1.0
1.9
2.6
4.1
5.3.
7.4
12
16
19
>25
*
*
*
*
*
, *
*
*
*
*
*
*
*
*
0.2
0.2
0.4
0.7
1.3
1.7
2.7
3.4
4.7
7.4
• 9.9
12
16
19
23
>25
*
*
*
*
*
*
*
*
• *
*
*
0.1
0.2
: 0.3
0.5
0.9
1.2
1.9
2.4
3.4
5.2
6.8
8.1
11
14
16
18
22
>25
*
*
*
*
*
*
*
*
*
0.1
0.2
0.2
0.4
0.7
1.0
1.5
1.9
2.7
4.2
5.4
6.8
8.7
11
12
14
17
20
25 .
>25
*
*
*
*
*
*
*
0.1
O.I
0.2
0.3
0.6
0.8
1.2
1.5
2.1
3.2
4.2
5.0
6.8
8.1
9.3
11
13
16
20
24
>25
*
*
*
*
*
*
<0.1
O.I
0.2
0.3
, 0.5
0.7
1.0
1.3
1.7
2.7
3.5
4.2
5.5
6.8
7.4
8.7
11
12
17
20
>25
*
"*
*
*
* •
*
#
<0.1
o.i
0.2
0.3
0:4
0.7
0.9
1.1
1.7
2.2
2.7
3.5
4.2
4.9
'5.5
6.8
8.1
11
13
17
20
>25
*
*
*
*
- #
25
*
*
*
*
0.05
#
*
<0.l
O.I
0.2
0.3
0.4
0.5
0.7
1.0
1.3
K6 •
, 2.0
2.2
2.7
3.0
. 3.1
4.3
5.6
6.8
8.7
11
20
>25
*
*
*
0.075
#
#
<0.1
O.I
-0.2
0.2
0.3
0.4
0.5
0.8
1.0
1.2
1.6
1.9
2.1 .
2.4
2.8
3.3
4.3
5.2
6.8
8.1
15
20 ;
24
>25
*
0.1
#
#
<0.l
0.1
O.I
0.2
0:3
0.3
0.4
0.7
0.9
1.0
1.3
1.6
1.7
2.0
2.4
2.7
3.5
4.3
' 5!6
6.8
13
16
20
>25
*
0.25 1 0.5
— 1
#
#
#
<0.1
0.1
0.1
0.2
0.2
0.3
0.4
0.5
0.6
0.7
0.9
1.0
1.1
1.3
1.5
2.0
2.4
3.0 -
3.6
6.6
8.7
10
14
Ifi
• #
#
#
O.I
0.1
O.I
0:2
0.2
0.3
0.4
0.5
0.6
0.6
0.7
0.9
1.0
1.2
1.5
1.9
2.3
4.0
53
6.3
82
00
0.75
#
#
#
<0 1
O.I
0 1
O.I
0.2
0.3
03
- 04
04
05
•06
0.7
07
09
1 5
1 7
3 1
3 9
47
61
7 1
# <0. 'mile (report distance as 0. 1 mile)
-------
• 'llv /I
: Ijlih. !•!,.
Chapter 4
6ffsite Consequence Analysis
4-52
Reference Table 22
Distances to Toxic Endpoint for Anhydrous Ammonia
D Stability, Wind Speed 3.0 Meters per Second
Release Rate
(Ibs/min)
<10
10
15
20
30
40
50
60
70
80
90
100
150
200
250
300
400
1 500
600
700
750
800
Distance to Endpoint (miles)
Rural
<0.1*
0.1
0.1
0.1
0:1
0.1
0.1
0.2
0.2
0.2
0.2
0.2
0.2
0.3
0.3
0.3
0.4
0.4
0.5
0.5
0.5
0.5
Urban
<0.1*
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.2
0.2
0.2
0.2
0.2
0.2
Release Rate
(Ibs/min)
900
1,000
1,500
2,000
2,500
3,000
4,000
5,000
7,500
10,000
15,000
20,000
25,000
30,000
40,000
50,000
• 75,000
100,000
150,000
200,000
250,000
Distance to Endpoint (miles)
Rural
0.6
0.6
0.7
0.8
0.9
1.0
1.2
1.3
1.6
1.8
2.2
2.5
2.8
3.1
3.5
3.9
4.8
5.4
6.6
7.6
8.4
Urban
0.2
0.2
0.3
0.3
0.3
0.4
0.4
0.5
0.5
, 0.6
0.7
0.8 "
0.9
1.0
1.1
1.2
1.4
1.6
1.9
2.1
2.3.
* Report distance as 0.1 mile
Januaiy26.1999
-------
4-53
Chapter 4
Offsite Consequence Analysis
Reference Table 23
Distances to Toxic Endpoint for Aqueous Ammonia
D Stability, Wind Speed 3.0 Meters per Second
Release Rate
(Ibs/min)
8
10
15
20
30
40
50
60
70
80
90
100
150 ..
200
250
300
400
500
600
'700
750
Distance to Endpoint (miles)
Rural
0.1
0.1
0.1
0.1
0.1 .
0.1
0.2
0.2
0.2
0.2
0.2
0.2
0.3
0.3
0.4
0.4
0.4
0.5
0.6
0.6
0.6
Urban
<0.1*
0.1 \
0.1
0.1
0.1
0.1
0.1
0.1 ,
0.1
0.2
0.2
0.2
0.2
0.2
0.2
0.2
* Report distance as 0. 1 mile
Release Rate
(Ibs/min)
800
900
1,000
1,500
2,000
2,500
3,000
4,000
5,000
7,500 :
10,000
15,000
. 20,000
25,000
30,000
40,000
50,000
75,000
100,000
150,000
200,000
Distance to Endpoint (miles)
Rural
0.7
0.7
0.8
1.6
1.2
1.2
1.5
'1.8
2.0
2.2
2.5
3.1
3.6
4.1
4.4
5.1
5.8
7.1
8.2
,10
•12
Urban
0.2
0.3
0.3
.0.4
0.4
0.4
0.5
0.6
0.7
0.7
0.8
1.0
1-2
1.3
1.4
1.6
1.8
2.2
2.5
3.1
3.5 "
January 26. 1999
-------
Chapter 4
Offsite Consequence Analysis
4-54
Reference Table 24
Distances to Toxic Endpoint for Chlorine
D Stability, Wind Speed 3.0 Meters per Second
Release Rate
(Ibs/min)
1
2
5
10
15
20
30
40
50
60
70
80
90
100
150
200
250
300
400
500
600
700
Distance to Endpoint (miles)
Rural
<0.1*
0.1
0.1
0.2
0.2
0.2
0.3
0.3
0.3
0.4
0.4
0.4
0.4
0.5
0.6
0.6
0.7
0.8
0.8
1.0
1.0
1.1
Urban
<0.1*
0.1
0.1
0.1
0.1
0.1
0.1
0.2
0.2
0.2
0.2
0.2
0.2
0.3
0.3
0.3
0.4
0.4
0.4
0.4
Release Rate
(Ibs/min)
750
800
900
1,000
1,500
2,000
2,500
3,000
4,000
5,000
7,500
10,000
15,000
20,000
25,000
30,000
40,000
50,000
75,000
100,000
150,000
- 200,000
Distance to Endpoint (miles)
Rural
1.2
1.2
1.2
1.3
1.6
1.8
2.0
2.2
2.5
2.8
3.4
3.9
4.6
5.3
5.9
6.4
7.3
8.1
9.8
11
13
15
Urban
0.4
0.5
0.5
0.5
0.6
0.6
0.7
0.8
0.8
0.9
1.2
1.3
1.6
1.8
, 2.0
2.1
2.4
2.7
3.2
3.6
4.2
4.8
* Report distance as O.i mile
January 26,1999
-------
4-55
Chapter 4
Offsite Consequence Analysis
Reference Table 25
Distances to Toxic Endpoint for Sulfur Dioxide
D Stability, Wind Speed 3.0 Meters per Second
Release Rate
(Ibs/min)
1
2
5 • '
10
15
20
30 -
II • 40
50
60
70
80
90
100
150
200
250.
300 '
400
500
600
700
1
Distance to Endpoint (miles)
Rural
<0.1*
0.1
0.1
0.2 ,
0.2
0.2
0.2
0.3
0.3
0.4
0.4
0.4
0.4
6.5
0.6
0.6
0.7.
0.8
0.9
1.0
1.1
,1.2
Urban
<0.1*
0.1
0.1
0.1
0.1
0.1
0..1
0.2
.0:2
0.2
0.2
0.2
0.2
0.2
0.3.
0.3
0.4
0.4
0.4
0.4
* Report distance as 0. 1 mile
I • •'- —
Release Rate
(Ibs/min)
750
800
900
1,000
1,500
2,000
2,500
3,000
4,000
5,000
7,500
10,000
15,000
20,000
25,000
30,000
40,000
50,000
75,000
100,000
, .150,000
200,000
1
Distance to Endpoint (miles)
Rural
1.3
1.3
1.4
,1.5
1-9
2.2
2.3
2.7
3.1
3.3
4.0
4.6
5.6
6.5
7.3
8.0
9.2
10
13
14
1-8
20
Urban
' 0,5
0.5
0.5
0.5
0.6
0.7
0.8
0.8
1.0
1.1
'1.3
1.4
1.7
1.9
2.1 1
'2.3
2.6
2.9
3.5
4.0
4.7
5.4
January 26, 1999
-------
Chapter 4
Offsite Consequence Analysis
4-56
Reference Table 26
Neutrally Buoyant Plume Distances to Lower Flammability Limit(LFL)
For Release Rate Divided by LFL
Rural Conditions, D Stability, Wind Speed 3.0 Meters per Second
Release Rate/Endpoint
[(lbs/min)/(mg/L)]
0-28
28-40
40 - 60
60-220
220-530
530-860
860-1,300
1,300-1,700
1,700-2,200
2,200 - 2,700
Distance to
Endpoint
(miles)
0.1
0.1
0.1
0.2
0.3
0.4
0.5
0.6
0.7
0.8
Release Rate/Endpoint
[(lbs/min)/(mg/L)]
2,700 - 3,300
3,300 - 3,900
3,900-4,500
4,500 - 5,200
5,200 - 5,800
5,800 - 6,800
6,800-8,200
8,200-9,700
9,700- 11,000
11,000-13,000
Distance to
Endpoint
(miles)
0.9
1.0
1.1
1.2
1.3
1.4
1.6
1.8
2.0
2.2
. Reference Table 27
Neutrally Buoyant Plume Distances to Lower Flammability Limit (LFL)
For Release Rate Divided by LFL
Urban Conditions, D Stability, Wind Speed 3.0 Meters per Second
Release Rate/Endpoint
[(lbs/min)/(mg/L)J
0-68
68 - 100
100- 150
150-710
710-1,500
1,500-2,600
2.600-4,000
4,000-5,500
Distance to
Endpoint
(miles)
0.1
0.1
0.1
0.2
0.3
0.4
0.5
0.6
Release Rate/Endpoint
[(lbs/min)/(mg/L)]
5,500-7,300
7,300 - 9,200
9,200- 11,000
11,000-14,000
14,000- 18,000
18,000-26,000
26,000-31,000
31,000-38,000
Distance to
Endpoint
(miles)
0.7
0.8
0.9
1.0
1.2
1.4
1.6
1.8
Janutiy 26,1999
-------
4-57
Reference Table 28
Dense Gas Distances to Lower Flammability Limit
Rural Conditions, D Stability, Wind Speed 3.0 Meters per Second
Chapter 4
Offsite Consequence Analysis
Release
Rate
(Ibs/min)
<1,500
1,500
2,000
2,500
. 3,000
. 4,000
5,000
7,500
10,000
27
#•
<0.1
O.i
0.1
0.1
0.1
0.1
0.2
0.2
30
35
Lower Flammability Limit (mg/L)
40
45
50
60
70
100
Distance (Miles)
#
<0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.2
#
#
<0.1
0.1
0.1
0.1
0.1
0.1
0.1
#
#.. •
•#
<0.1
0.1
0.1
0.1
0.1
0.1
#
#
-#
#
<0.1
0.1
0.1
0.1
0.1
#
#
#
#
<0.1
0.1
0.1
0.1
0.1
#
•#
# •
#
. #
<0.1
0.1
0.1
0.1
#
• • #
. #
#
#
#
<0.1
0.1
0.1
. #
#
#
#
#
#
#
<0.1
0.1
>100
#
#
#
#
#
#
#
#.
<0.1
# < 0.1 mile (report distance a 0.1 mile)
January 26, 1999
-------
Chapter 4
Offsite Consequence Analysis
4-58
Reference Table 29
Dense Gas Distances to Lower Flammability Limit
Urban Conditions, D Stability, Wind Speed 3.0 Meters per Second
Release
Rate
(Ibs/min)
<5.000
5.000
7.500
10.000
Lower Flammability Limit (mgfL)
27
30
35
40
>40
Distance (Miles)
#
<0.1
0.1
0.1
#
<0.1
0.1
0.1
#
#
<0.1
0.1
#
#
#
<0.1
#
#
#
#
# < 0.1 mile (report distance as 0.1 mile)
January 26,1999
-------
4-59
Chapter 4
Offsite Consequence Analysis
Exhibit B-l
Data for Toxic Gases
CAS
Number
7664-41-7
7784-42-1
10294-34-5
7637-07-2
7782-50-5
10049-04-4
506-77-4
19287-45-7
75-21-8
7782-41-4
50-00-0
74-90-8
7647-01-0
7664-39-3
-7783-07-5
7783-06-4
74-87-3
74-93-1
10102-43-9
Chemical Name
Ammonia (anhydrous)0
Arsine
Boron trichloride
Boron trifluoride
Chlorine
Chlorine dioxide
Cyanogen chloride
Diborane
Ethylene oxide •
Fluorine
Formaldehyde (anhydrous)0
Hydrocyanic acid
Hydrogen chloride
(anhydrous)0
Hydrogen fluoride
(anhydrous)0
Hydrogen selenide
Hydrogen sulfide
Methyl chloride
Methyl niercaptan
Nitric oxide
Molecular
Weight
17.03
77.95
117.17
67.81-
70.91
67.45
61.47
27.67 ~
44.05
38.00
30.03
27.03
36.46
20.01
80.98
34.08
50.49
48.11
30.01
Ratio of
•Specific
Heats
1.31
1.28
1.15
1.20
1.32
1.25
1.22
1.17
.1.21
1.36
1.31
1.30
1.40
1.40
1.32
1.32
1.26
1.20
1.38
Toxic Endpoint"
mg/L
0.14
0.0019
0.0 10
0.028
0.0087
0.0028
0.030
0.0011
: 0.090
0.0039
0.012
O.OII
0.030
0.016
0.00066
0.042
0.82
0.049
0.031
ppm
200
0.6
2
10
3
"'l
12
1
50
2.5
10
10
20
20
0.2
30
400
25
25
Basis
ERPG-2
EHS-LOC (IDLH)
EHS-LOC (Tox°)
EHS-LOC (IDLH)
ERPG-2
EHS-LOC
equivalent (IDLH)g
EHS-LOC
equivalent (Tox)h
ERPG-2
ERPG-2
EHS-LOC (IDLH)
ERPG-2
ERPG-2
ERPG-2
ERPG-2
EHS-LOC (IDLH)
ERPG-2
ERPG-2
ERPG-2
EHS-LOC (TLVJ)
Liquid Factor
Boiling
(LFB)
0.073
0.23
0.22
0.25
0.19
0.15
0.14
0.13
0.12
0.35
0.10
0.079
0.15
0.066
0.21
0.13
0.14
0.12
0.21
Density
Factor (DF)
(Boiling)
- 0.71
0.30
0.36'
0.31
0.31
0.30
,0.41
1.13
0.55
0.32
0.59
0.72
0.41 ;
0.51
0.25
0.51
0.48
0.55
_J>-38
Gas
Factor
(GF)k
- 14
30
36
28
29
28
26
17
22
22
19
18
21
16
31
20
24
23
19
Vapor
Pressure
@2S "C (psi)
145
239
22 7
r
113
24.3
23.7
f
25.4
r
14.8
684
17.7
151 '
302
83 2
292
r
Reference
Table1'
Buoyant1'
Dense
Dense
Dense
Dense
Dense
Dense
Buoyant11
Dense
Dense
Dense
Buoyant'1
Dense
Buoyant'
Dense
Dense
Dense
Dense
Dense
January 26, 1999
-------
Chapter 4
Offsite Consequence Analysis
4-60
CAS
Number
75-44-5
7803-51-2
7446-09-5
7783-60-0
Chemical Name
Phosgene
Phosphine
Sulfur dioxide (anhydrous)
Sulfur Ictrafluoridc
Molecular
Weight
98.92
34.00
64.07
108.06
Ratio of
Specific
Heats
1.17
1.29
1.26
1.30
Toxic Endpofat"
rog/L
0.00081
0.0035
0.0078
0.0092
ppm
0.2
2.5
3
2
Basis
ERPG-2
ERPG-2
ERPG-2
EHS-LOC (Toxc)
Liquid Factor
Boiling
(LFB)
0.20
0.15
0.16
0.25
Density
Factor (DF)
(Boiling)
0.35
0.66
0.33
0.25
(at -73 "C)
Gas
Factor
(GF)k
33
20
27
36
Vapor
Pressure
@2S"C(psi)
27.4
567
58.0
293
Reference
Table11
Dense
Dense
Dense
Dense
d Toxic endpoints are specified in Appendix A to 40 CFR Part 68 in units of mg/L. To convert from units of mg/L to mg/m3, multiply by 1,000. To convert mg/L
to ppm, use the following equation:
Endpoint,,^ = (Endpoint^ x 1,000 x 24.5)/Molecular Weight
b "Buoyant" in the Reference Table column refers to the tables for neutrally buoyant gases and vapors; "Dense" refers to the tables for dense gases and vapors.
See OCAG, Appendix D, Section D.4.4, for more information on the choice of reference tables.
c See Exhibit B-3 of OCAG, Appendix B, for data on water solutions.
Gases that are lighter than air may behave as dense gases upon release if liquefied under pressure or cold; consider the conditions of release when choosing the
appropriate table.
e LOG is based on the IDLH-equivalent level estimated from toxicity data.
1 Cannot be liquefied at 25 "C.
g Not an EHS; LOC-equivalent value was estimated from one-tenth of the IDLH.
( Not an EHS; LOC-equivalent value was estimated from one-tenth of the IDLH-equivalent level estimated from toxicity data.
Hydrogen fluoride is lighter than air, but may behave as a dense gas upon release under some circumstances (e.g., release under pressure, high concentration in
the released cloud) because of hydrogen bonding; consider the conditions of release when choosing the appropriate table.
J LOG based on Threshold Limit Value (TLV) - Time-weighted average (TWA) developed by the American Conference of Governmental Industrial HyRienists
(ACGIH). ' ' •
Use GF for gas leaks under choked (maximum) flow conditions.
January 26. 1999
-------
4-61
Exhibit B-2
Data for Toxic Liquids
Chapter 4
Offsite Consequence Analysis
f.
CAS
Number
107-02-8
1 07- 1 3-1
814-68-6
107-18-6
107-1 1-9
1 7784-34-1
. 353-42-4
• 7726-95-6
75-15-0
67-66-3
542-88-1
1 107-30-2
• 4170-30-3
123-73-9
I 108-91-8
I 75-78-5
57-14-7
106-89-8
107-15-3
151-56-4
110-00-9
302-01-2
Chemical Name
Acrolein -
Acrylonitrile
Acrylyl chloride
Ally! alcohol
Allylamine
Arsenous trichloride
Boron trifluoride compound
with methyl ether (1:1)
Bromine
Carbon disulfide
Chloroform
Chloromethyl ether
Chloromethyl methyl ether
Crotonaldehyde
Crotonaldehyde, (E)-
Cyclohexylamihe
Dimethyldichlorosilane
,1-Dimethylhydrazine
ipichlorohydrin
Jthylenediamine
Ethyleneimine
uran
Hvdrazine
Molecular
Weight
56.06
53.06
90.51
58.08
57.10
181.28
113.89
159.81
76.14
1 19.38"
114.96
80.51
70.09
70.09
99.18
129.06
60.10
92.53
60.10
43.07
68.08
32.05
Vapor
Pressure
at25"C
(mm Hg
274
108
110
26.1
242
10
11
212
359
196
29.4
199
33.1
33.1
10. 1
141
157
17.0
12.2
211
600
14.4
mg/L
0.001 1
0.076
0.00090
0.036
0.0032
0.01
0.023
0.0065
0.16
0.49
0.00025
0.0018
0.029
0.029
0.16
0.026
0.012
0.076
0.49
0.018
0.0012
0.011
Toxic Endpoint"
ppm
0.5
35
0.2
15
1
I
5
1
50
100
0.05
0.6
10
10
39
5 -
5
20
200
10
0.4
8
Basis
ERPG-2
ERPG-2
EHS-LOC
EHS-LOC(IDLH)
EHS-LOC (Toxc)
EHS-LOC (Toxc)
EHS-LOC (Toxc)
ERPG-2
ERPG-2
EHS-LOC (IDLH)
EHS-LOC (Toxc)
EHS-LOC (Toxc)
ERPG-2
ERPG-2
EHS-LOC (Toxc)
ERPG-2
EHS-LOC (IDLH)
ERPG-2
EHS-LOC (IDLH)
EHS-LOC (IDLH)
EHS-LOC (Toxc)
iHS-LOC (IDLH)
Liquid Factors
Ambient
(LFA)
0.047
0.0 IS
0.026
0.0046
0.042
0.0037
0.0030
0.073
0.075
0.055
0.0080
0.043
0.0066
0.0066
0.0025
0.042
0.028
0.0040
0.0022
0.030
0.12
0.0017
Boiling
(LFB)
0.12
0.11
0.15
O..1 1
0.12
0.21
0.16
0.23
0.15
0.19
0.17
0.15
0;12
0.12
0.14
0.20
0.12
0.14
0.13
0.10
0.14
0069
>:
Density
Factor
(DF)
0.58
0.61
0.44
0.58
064
0.2"?
0.49
0.16
0.39
6.33
0.37
0.46
058
058
0.56
0.46
0.62
042
0.54
0;58
0.52
048
Liquic
Leak
Factor
(LLF)'
40
39 "
•14
41
36
100
48
150
60
71
63
51
41
• 4|
41
51
38
57
43
40
45
4ft
Reference Table1*
Worst
'Case
Dense
Alternative
Buoyant'1
*d
uoyant
January 26, 1999
-------
Chapter-*
Offsile Consequence Analysis
4-62
CAS
Number
1346340-6
78-82-0
108-23-6
126-98-7
79-22-1
60-34-4
624-83-9
556-64-9
75-79-6
•13463-39-3
7697-37-2
79-21-0
594-42-3
10025-87-3
77 19- I 2-2
1 10-89-4
107-12-0
109-61-5
75-55-8
75-56-9
7446-11-9
75-74-1
509-14-8
7550-45-0
Chemical Name
Iron, pcmacarbonyl-
Isnbutyronitrile
Isopropyl chloroformale
Melhacrylonilrile
Melhyl chloroformale
Methyl hydrazine
Methyl isocyanate
Melhyl ihiocyanate
Methyltrichlorosilane
Nickel carbonyl
Nitric acid (I00%)f
Peracetic acid
Perchloromethylmercaptan
Phosphorus oxychloride
Phosphorus trichloride
Piperidine
Propionitrile ,
Propyl chloroformate
Propyleneimine
Propylene oxide
Sulfur trioxide
Tetramethyllead
Tetranitromethane
Titanium tetrachloride
Molecular
Weight
195.90
69.11
122.55
67.09
94.50
46.07
57.05
73.12
149.48
170.73
63.01
76.05
185.87
153.33
137.33
85.15
55.08
122.56
57.10
58.08
. 80.06
267.33
196.04
189.69
Vapor
Pressure
al2S*C
(mm Hg)
40
32.7
28
71.2
108
49.6
457
10
173
400
63.0
13.9
6
35.8
120
32.1
47.3
20.0
187
533
263
22.5
11.4
12.4
mg/L
0.00044
0.14
0.10
0.0027
0.0019
0.0094
0.0012
0.085
0.018
0.00067
0.026
0.0045
0.0076
0.0030
0.028
0.022
0.0037
0.010
0.12
0.59
0.010
0.0040
0.0040
0.020
Toxk Endpotrat*
ppra
0.05
50
20
I
0.5
5
0.5
29
3
0.1
10
1.5
1
0.5
5
6
1.6
2
50
250
3
0.4
0.5
2.6
Basis
EHS-LOC
-------
Chapter 4
Offsite Consequence Analysis
4-63
CAS
Number
584-84-9
91-08-7
26471-62-5
75-77-4
108-05-4
Chemical Name
Toluene 2,4-diisocyanate
Toluene 2,6-diisocyanate
Toluene diisocyanate
(unspecified isomer)
Trimethylchlorosilane
Vinyl acetate monomer
Molecular>
Weight
174.16
174.16
174.16
108.64
86.09
Vapor
Pressure
at25°C
(mm Hg)
0.017
-0.05
0.017
231
113
mg/L
0.0070
0.0070
0.0070
0.050
0.26
Toxic Endpoint"
ppm
1
1
1
II
75
Basis
EHS-LOC (IDLH)
EHS-LOC(IDLH8)
EHS-LOC equivalent
(IDLHh)
EHS-LOC (Toxc)
ERPG-2
Liquid Factors
Ambient
(LFA)
0.000006
0.000018
0.000006
0.061 ,
0.026
Boiling
(LFB)
0.16
0.16
0.16'
0.18
0.15
Density
Factor
(DF)
0.40
0.40
-0.40
0.57
0.53
Liquid
Leak
Factor
(LLF)1
59
59
59
41
45
Reference Table1'
Worst
Case
Buoyant"
Buoyant"
Buoyant"
Dense
Alternative
Case
Buoyant"
Buoyant"
Buoyant"
Dense '
Dense
Notes:
"Toxic endpoints are specified in the Appendix A to 40 CFR Part 68 in units of mg/L,, To convert from units of mg/L to mg/m3, multiply by 1,000. To convert mg/L to nom use
the following equation: r j j B vv i, u»c
Endpointppro = (Endpointmg/lxl,000 x24.5)/MoIecuIar Weight / -? '
:h "Buoyant" in the Reference Table column refers to the tables for neutrally buoyant gases and vapors; "Dense" refers to the tables for dense gases and vapors See OCAG
Appendix D, Section D.4.4, for more information on the choice of reference tables, '
c LOG is based on IDLH-equivalent level estimated from toxicity data.
Use dense gas table if substance is at an elevated temperature. '
f e°CcbuSud °" Jhrre'!?id Limil ValUC (TLV)" Time-weig"ted ^erage (TWA) developed by the American Conference of Governmentallndustrial Hygienists (ACGIH)
See Exhibit B-3 of OCAG, Appendix B, for data on water solutions, , ••""-./•.
£ LOG for this isomer is based on IDLH for toluene 2,4-diisocyanate.
Not an EHS; LOC-equivalent value is based on IDLH for toluene 2,4-diisocyanate.
Use the LLF only for leaks from tanks at atmospheric pressure.
January 26, 1999
-------
Chapter 4
Offsite Consequence Analysis
4-64
Exhibit B-3
Data for Water Solutions of Toxic Substances and for Oleum
Average Vapor Pressure and Liquid Factors Over 10 Minutes for
Wind Speeds of 1.5 and 3.0 Meters per Second (m/s)
CAS
Number
7664-41-7
50-00-0
7647-01-0
7664-39-3
7697-37-2
8014-95-7
Regulated
Substance
in Solution
Ammonia
Formaldehyde
Hydrochloric
acid
Hydrofluoric
acid
Nitric acid
Oleum - based
on SO,
Molecular
Weight
17.03
30.027
36.46
20.01
63.01
80.06
(SO,)
Toxic Endpoinl"
mg/L
0.14
0.012
0.030
0.016
0.026
0.010
ppm
200
10
20
20
10
3
Basis
ERPG-2
ERPG-2
ERPG-2
ERPG-2
EHS-
LOC
(IDLH)
ERPG-2
Initial
Concen-
tration
(Wt %}
30
24
20
37
38
37
36C
34C
30°
70
50
90
85
80
30 (SO,)
10-m!n. Average Vapor
Pressure (mm Hg)
1.5 m/s
332
241
190
1.5
78
67
56
38
13
124
16
25
17
10.'2
3.5 (SO,)
3.0 m/s
248
184
148
1.4
55
48
42
29
12
107
15
22
16
10
3.4 (SO,)
Liquid Factor at 25' C
(LFA)
1.5 m/s
0.026
0.019
0.015
0.0002'
0.010
0.0085
0.0072
0.0048
0.0016
0.011
0.0014
0.0046
0.0032
0.0019
0.0008
3.0 m/s
0.019
0.014
0.011
0.0002
0.0070
0.0062
0.0053
0.0037
0.0015
0.010
0.0013
0.0040
0.0029
0.0018
0.0007
Density
Factor
(DF)
0.55
0.54
0.53
0.44
0.41
0.42
0.42
0.42
0.42
0.39
0.41
0.33
0.33
0.33
0.25
Liquid
Leak
Factor
(LLF)
43
44
44
57
57
57
56
55
61
71
70
93
Reference Table11
Worst
Buoyant
Buoyant
Buoyant
Dense
Dense
Dense
Dense
Buoyant
Dense
Dense
Buoyant
Alternative
Buoyant
Buoyant
Buoyant
Buoyant
Buoyant
Buoyant
Buoyant
Buoyant
Buoyant
Buoyant
Notes: .
' Toxic endpoints are specified in the Appendix A to 40 CFR Part 68 in units of mg/L. See Notes to Exhibit B-1 or B-2 for converting to other units
Buoyant" in the Reference Table column refers to the tables for neutrally buoyant gases and vapors; "Dense" refers to the tables for dense gases and vapors See OCAG
Appendix D, Section D.4.4, for more information on the choice of reference tables. occuv^u,
c Hydrochloric acid in concentrations below 37 percent is not regulated.
January 26, 1999
-------
4-65
Chapter 4
ExhibitB-4
Temperature Correction Factors for Liquids Evaporating from Pools at Temperatures
Between 25 °C and 50 °C (77 °F and 122 °F)
1
CAS
Number
107-02-8
107-13-1
814-68-6
107-18-6
107-11-9
7784-34-1
-353-42-4
7726-95-6
75-15-0
67-66-3
542-88-1
107-30-2
4170-30-3
123-73-9
108-91-8
75-78-5
57-14-7
1106-89-8
107-15-3
151-56-4
110-00-9
302-01-2
( .13463-40-6
78-82-0
108-23-6
-. 126-98-7
79-22-1
60-34-4
624-83-9
556-64-9
75-79-6
Chemical Name
Acrolein
Acrylonitrile
Acrylyl chloride
Allyl alcohol
Allylamine
Arsenous trichloride
Boron trifluoride compound with
methyl ether (1:1)
Bromine
Carbon disulfide
Chloroform -
Chloromethyl ether
Chloromethyl methyl ether
Crotonaldehyde
Crotonaldehyde, (E)-
Cyclohexylamine
Dimethyldichlorosilane
1 , 1 -Dimethylhydrazine
Epichlorohydrin
Ethylenediamine
Ethyleneimine
Fiiran
Hydrazine
Iron, pentacarbonyl-
Isobutyronitrile
Isopropyl chloroformate
Methacrylonitrile
Methyl chloroformate
Methyl hydrazine
Methyl isocyanate
Methyl thiocyanate
Methyltrichlorosilane
Boiling
Point
(°C)
52.69
77.35
75.00
97.08
53.30
130.06
126.85
58.75
46.22
61.18
104.85
59.50
104.10
102.22
134.50
70.20
63.90
118.50
36.26
55.85
31.35
113.50
.102.65
103.61
104.60
90.30
70.85
87.50
38.85
130.00
66.40
30 °C
(86 °F)
1.2
1.2
ND
1.3
1.2
ND
ND
1.2
1.2
1.2
1.3
1.2
1.3
. 1.3
' 1.3
1.2
; ND
. 1,3
1.3
, 1-2
'. 1.2
1.3
. ND
•' 1.3
ND
M.2
1.3
ND
1.2
ND
1.2
Temperature Correction Factor (TCF)
35 °C
(95 °F)
1.4
1.5
ND
1.7
1.5
ND
ND
1.5
1.4
1.5
1.6
1.5
1.6
1.6
1-7 ,
1.5
ND
1.7
1.8
1.5
LFB
1.7
ND
1.6
ND
1.5
1.6
ND
1.4
ND
1.4
40 °C
(104 °F)
1.7
1.8
. ND
2.2
1.8
ND
ND
1.7
'1.6
1.8
2.0
1.8
2.0
2.0
2.1
1.8
ND
2.1
LFB
1.8
LFB
2.2
45°C
(113 °F)
2.0 .
2.1
ND
2.9
2.1
ND
ND
2.1
1.9
2.1
2.5
2.'1
2.5 •
2.5
2.7
2.1
ND
2.7
LFB
2.2.
LFB
2.9
ND ND
— i — -
2.0 2.5
ND
1.8
1.9
ND
LFB
ND
1.7
ND
2.2
2.4
~. ND
LFB |
ND T
2.0 T
50 °C
(122 °F)
2.3' "I
2.5
ND
- " ' •! —
3.6
2.5
ND
ND
2.5
~
LFB
.
2.5
3.1
2.5
31
3.1 -
—
34 1
2.5
ND
3.4
LFB
—
2.7
— \
LFB
3.6
ND
3.1
ND
2.6
2.9
ND /
LFB
ND
" i ii
2.4
January 26, 1999
-------
Chapter 4
Offsite Consequence Analysis
4-66
CAS
Number
13463-39-3
7697-37-2
79-21-0
594-42-3
10025-87-3
7719-12-2
110-89-4
107-12-0
109-61-5
75-55-8
75-56-9
7446-1 1-9
75-74-1
509-14-8
7550-45-0
584-84-9
91-08-7
26471-62-5
75-77-4
108-05-4
Chemical Name
Nickel carbonyl
Nitric acid
Peracetic acid
Perchloromethylmercaptan
Phosphorus oxychloride
Phosphorus trichloride
Piperidine
Propionitrile
Propyl chloroformatc
Propyleneimine
Propylene oxide
Sulfur trioxide
Tetramethyllead
Tetranitromethane
Titanium tetrachloride
Toluene 2,4-diisocyanate
Toluene 2,6-diisocyanate
Toluene diisocyanate (unspecified
isomer)
Trimethylchlorosilane
Vinyl acetate monomer
Boiling
Point
(°C)
42.85
83.00
109.85
147.00
105.50
76.10
106.40
97.35
112.40
60.85
33.90
44.75
1 10.00
125.70
135.85
251.00
244.85
250.00
57.60
72.50
Temperature Correction Factor (TCF)
30 °C
(86 °F)
ND
1.3
1.3
ND
1.3
1.2
1.3
1.3
ND
1.2
1.2
1.3
ND
1.3
1.3
1.6
ND
1.6
1.2
1.2
35 °C
(95 °F)
ND
1.6
1.8
ND
1.6
1.5
1.6
1.6
ND
1.5
LFB
1.7
ND
1.7
1.6
2.4
ND
2.4
1.4
1.5
40 °C
(104 °F)
ND
2.0
2.3
ND
1.9
1.8
2.0
1.9
ND
1.8
LFB
LFB
ND
2.2
2.0
3.6
ND
3.6
1.7
1.9
.45°C
(113°F)
ND
2.5
3.0
ND
2.4
2.1
2.4
, 2.3
ND
2.1
LFB
LFB
ND
2.8
2.6
5.3
ND
5.3
2.0
2.3
50 °C
(122 °F)
ND
3.1
3.8
ND
2.9
2.5
3.0
2.8
ND
2.5
LFB
LFB
ND
3.5
3.2
7.7
ND
7.7
2.3
2.7
ND: No data available
LFB: Chemical above boiling point at this temperature; use LFB for analysis
Esplartiitton of Temperature Correction Factors. Temperature correction factors were developed for toxic liquids released at temperatures above 25
"C, the temperature used for development of the LFAs. The factors are based on vapor pressures calculated from the coefficient provided in
Physkal and Thermodynamic Properties of Pure Chemicals, Data Compilation, developed by the Design Institute for Physical Property Data
(DIPPR). American Institute of Chemical Engineers. The factors are calculated as follows:
where:
TCFT = (VPT x 298)/(VP298 x T)
TCFT = Temperature Correction Factor at temperature T
VPT = Vapor pressure at temperature T
VPm = Vapor pressure at 298K
T = Temperature (K)
Factors were developed at interval of 5 °C for temperatures up to 50 °C. The above equation is the same as
Equation D-5 in the OCAG.
For temperatures exceeding 25 °C, the value of LFA in Equation 1 or Equation 4 of Chapter 4 should be multiplied
by the appropriate temperature correction factor (TCF), or, equivalently, the calculated evaporation rate should be
January 26.1999
-------
Chapter 4
4-67 Offsite Consequence Analysis
multiplied by TCP. For example, in Example 3 in Chapter 4, a release rate of 13 Ib/min has been calculated
following an accidental spillage of dimethyldichldrosilane from a 55-gallon drum at 25 °C. If the spill were at 45 °C,
TCP would be 2.1 (from Exhibit B-4), and the predicted rate of evaporation would be 13 x 2.1 = 27.3 Ib/min.
January 26, 1999
-------
'"I'l:11:1,! !, jilt;;:1!,,'1 , :v '!1lln!if!l |i' "I'M,: 'ri'lllll'i'ii' !!«,:' ,;"'null li, !!„ PAPIIII!' A. !|,
,,1', / '!' ! .Vlt.
Chapter 4
Offsite Consequence Analysis .
4-68
,JW '!„!' , ' >
Exhibit C-l
Heats of Combustion for Flammable Substances
CAS No.
75-07-0
74-86-2
598-73-2
106-99-0
106-97-8
25167-67-3
590-18-1
624-64-6
106-98-9
107-01-7
463-58-1
7791-21-1
590-21-6
557-98-2
460-19-5
75-19-4
4109-96-0
75-37-6
124-40-3
463-82-1
74-84-0
107-00-6
75-04-7
75-00-3
74-85-1
60-29-7
75-08-1
Chemical Name
Acetaldehyde
Acetylene [Ethyne]
Bromotrifluoroethylene [Ethene, bromotrifluoro-]
1,3-Butadiene
Butane
Butene
2-Butene-cis
2-Butene-trans [2-Butene, (E)]
1 -Butene
2-Butene
Carbon oxysulfide [Carbon oxide sulfide (COS)]
Chlorine monoxide [Chlorine oxide]
1-Chloropropylene [1-Propene, 1-chloro-]
2-Chloropropylene [1-Propene, 2-chloro-]
Cyanogen [Ethanedinitrile]
Cyclopropane
Dichlorosilane [Silane, dichloro-]
Difluoroethane [Ethane, 1,1-difluoro-]
Dimethylamine [Methanamine, N-methyl-]
2,2-Dimethylpropane [Propane, 2,2-dimethyl-]
Ethane
Ethyl acetylene [1-Butyne]
Ethylamine [Ethanamine]
Ethyl chloride [Ethane, chloro-]
Ethylene [Ethene]
Ethyl ether [Ethane, l,l'-oxybis-]
Ethyl mercaptan [Ethanethiol]
Physical
State
at 25° C
Gas
Gas
Gas
Gas
...Gas
Gas
Gas
Gas
Gas
Gas
Gas
Gas
Liquid
Gas
Gas
Gas
Gas
Gas
Gas
Gas
Gas
Gas
Gas
Gas
Gas
Liquid
Liquid
Heat of
Combustion
(kjoule/kg)
25,072
48,222
1,967
44,548
45,719
45,200*
45,171
45,069
45,292
45,100*
9,126
1,011*
23,000"
22999
21,064
46,560
8,225
11,484
35,813
45,051
47,509
45,565
35,210
19,917
47,145
33,775
27 948
1999
-------
4-69
Chapter 4
Offsite Consequence Analysis
CAS No.-."
109-95-5
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
109-67-1
6.46-04-8
627-20-3
463-49-0 .'
74-98-6
115-07-1
74-99-7
7803-62-5
116-14-3
75-76-3
10025-78-2
79-38-9 ,
75-50-3
Chemical Name '
Ethyl nitrite [Nitrous acid, ethyl ester]
Hydrogen
Isobutane [Propane, 2-methyl]
Isopentane [Butane, 2-methyl-]
Isoprene [ 1 ,3-Butadiene, 2-methyl-]
Isopropylamine [2-Propanamine]
Isopropyl chloride [Propane, 2-chloro-]
Methane
Methylamine [Methanamine]
3-Methyl-l-bu'tene
2-Methy 1- 1 -butene
Methyl ether [Methane, oxybis-]
Methyl formate [Formic acid, methyl ester]
2-Methylpropene [l-Propene,2-methvl-]
1,3-Pentadiene
Pentane
1-Pentene . •
2-Pentene, (E)-
2-Pentene, (Z)-
Propadiene [1,2-Propadiene]
Propane T
Propylene [1-Propene]
Propyne [1-Propyne] . -
Silane
Tetrafluoroethylene [Ethene, tetrafluoro-]
Tetramethylsilane [Silane, tetramethyl-]
Trichlorosilane [Silane, trichloro-]
Trifluorochloroethylene [Ethene, chlorotrifluoro-]
Trimethvlamine [Methanamine, N.N-dimethyl-1
Physical
State
at 25° C
Gas
Gas
Gas
Liquid
Liquid
Liquid
Liquid
Gas
Gas
Gas
Liquid
Gas
Liquid
Gas
Liquid
Liquid
Liquid
Liquid
Liquid
Gas
Gas
Gas
Gas
Gas
Gas
Liquid
Liquid -
Gas
Gas
Heat of
Combustion
(kjoule/kg)
18,000
119,950
45,576
44,911
43,809
36,484
23,720
50,029
31,396
44,559
44,414
28 835
15,335
44 985
43,834
44,697
44,625
" 44,458
44,520
46,332
46,333
45,762
46,165
44,307
1,284
41,712
3,754
1 837
37978
January 26, 1999
-------
Chapter 4
Qffsite Consequence Analysis
4-70
CAS No.
689-97-4
75-01-4
109-92-2
75-02-5
75-35-4
75-38-7
107-25-5
Chemical Name
Vinyl acetylene [ 1 -Buten-3-yne]
Vinyl chloride [Ethene, chloro-]
Vinyl ethyl ether [Ethene, ethoxy-]
Vinyl fluoride [Ethene, fluoro-]
Vinylidene chloride [Ethene, 1,1-dichloro-]
Vinylidene fluoride [Ethene, 1,1-difluoro-]
Vinyl methyl ether [Ethene, methoxy-]
Physical
State
at 25° C
Gas
Gas
Liquid
Gas
Liquid
Gas
Gas
Heat of
Combustion
(kjoule/kg)
45,357
18,848
32,909
2,195
10,354
10,807
30,549
*Estimated heat of combustion
January 26,1999
| in I ' "l!!i ihr'i „ ,:,' It,,'!. !
-------
4-71
Chapter 4
Offsite Consequence Analysis
Exhibit C-2
Data for Flammable Gases
CAS
Number
75-07-0
74-86-2
598-73-2
106-99-0
106-97-8
25167-67-3
590-18-1
624-64-6
106-98-9
I 07-0 1-7
463-58-1
7791-21-1
557-98-2
460-19-5
75-19-4
4109-96-0
75-37-6
124-40-3
463-82-1
74-84-0
107-00-6
75-04-7
" Chemical Name .
Acetaldehyde
Acetylene
Bromotrifluoroethylene
1,3-Butadiene
Butane
Butene
2-Butene-cis
2-Butene-trans
I-Bulene
2-Butene
Carbon oxysulfide
Chlorine monoxide
2-Chloropropylene
Cyanogen
Cyclopropane
Dichlorosilane
Difluoroethane
Dimethylamine
2,2-Dimethylpropane
Ethane
Ethyl acetylene
Ethvlamine
Molecular
Weight
44.05
26.04
160.92-
54.09
58.12
56.11
56.11
56.11
" 56.11
56.11
60.08
86.91
76.53
52.04
42.08
101.01
66.05
45.08
72.15
30.07
54.09
45.08
Ratio of
Specific .
Heats
1.18
1.23
1.11
1.12
1.09
1.10
1.12
1.11
1.11
.1.10
1.25
1.21
1.12 .
1.17
1.18
1.16
1.14
1.14
1.07 .
1.19'
1.11
1.13
Flammability
Limits (Vol %)
Lower
(LFL)
4.0
2.5
c
2.0
1.5
1.7
1.6
1.8
1.6
1.7
12.0
23.5
4.5
6.0
2.4
4.0
3.7
2.8
1.4
2.9
2.0
3.5
Upper(
UFL)
60.0
80.0
37.0
11.5
9.0
9.5
9.7
9.7
9.3
9.7
29.0
NA
16.0
32.0
10.4
96.0
18.0
• 14.4
7.5
13.0
32.9
14.0
LFL
(mg/L)
72
27
c
44
36
39
37
41
37
39
290
830
140
130
41
160
100
52
41
36
44
" 64
Gas
Factor
(GF)B
22
17
41C
24
25
' 24
24
24
24
24
26
31
29
24
22
33
27
- 22
27
18
24 '
22
Liquid
Factor
Boiling
-------
Chapter 4
Ortsiie Consequence Analysis
4-72
CAS
Number
75-00-3
74-85-1
109-95-5
1333-74-0
75-28-5
74-82-8
74-89-5
563-45-1
115-10-6
1 15-1 1-7
463-49-0
74-98-6
115-07-1
74-99-7
7803-62-5
116-14-3
79-38-9
75-50-3
689-97-4
75-01-4
75-02-5
75-38-7
107-25-5
Chemical Name
Ethyl chloride
Ethylene
Elhyl nitrite
Hydrogen
Isobulane
Methane
Melhylamine
3-Melhyl-l-bulene
Methyl ether
2-Methylpropene
Propadiene
Propane
Propylene
Propyne
Silane
Telrafluoroethylene
Trifluorochloroethylene
Trimelhylamine
Vinyl acetylene
Vinyl chloride
Vinyl fluoride
Vinylidene fluoride
Vinyl methyl ether
Molecular
Weigh!
64.51
28.05
75.07
2.02
58.12
16.04
31.06
70.13
46.07
56.11
40.07
44.10
42.08
40.07
32.12
100.02
116.47
59.11
52.08
62.50
46.04
64.04
58.08
Ratio of
Specific
Heats
1.15
1,24
1.30
1.41
1.09
1.30
1.19
1.08
1.15
1. 10
1.16
1.13
1.15
1.16
1.24
1.12
1.11
1.10
1.13
1.18
1.20
1.16
1.12
Flamr
Limits
Lower
(LFL)
3.8
2.7
4.0
4.0
1,8
5.0
4.9
1.5
3.3
1.8
2.1
2.0
2.0
1.7
C
11.0
8.4
2.0
2.2
3.6
2.6
5.5
2.6
nabiiity
Vol %)
Upp«r(
UFL)
15.4
36,0
50.0
75.0
8.4
15.0
20.7
9.1
27.3
8.8
2.1
9.5
11.0
39.9
C
60.0
38.7
11.6
31.7
33.0
21.7
21.3
39.0
LFL
(rag/L)
100
31
120
1 1
4.1
33
62
43
64
41
34
36
34
28
C
450
400
48
"47
92
49
140
62
••^•MMMBM
Gas
Factor
(GF)*
27
18
.10
3D
25
14
19
26
22
24
21
22
21
21
19 c
33
35
25
24
26
23
27
25
Liquid
Factor
Bollng
(LFB)
0.15
0.14
1116
f
013
0.15
0.10
0.15
0.14
0.14
0.13
0.14
0.14
0.12
e
0.29 •
0.26
0.14
0.13
0.16
0.17
0.22
0.17
Density
Factor
(Boiling)
(DF)
0.53
0.85
054
r
OK:
i.i
0.70
. 0.77
0.66
0.77
0.73
0.83
0.79
0.72
e
0.32
0.33
0.74
0.69
0.50
0.57
0.42
0.57
Reference
Table'
Dense
Buoyant"
Dense
,i
Dense
Buoyant
Dense
Dense
Dense
Dense
Dense
Dense
Dense
Dense
Dense
Dense
Dense
Dense
Dense
Dense
Dense
Dense
Pool Fire
Factor
(PFF)
2 6
2 0
- r
6.0
27
6.0
3.4
57
_
5 7
4.9
C
0.25
4.8
5.4
2.4
0.28
1.8
Flash
Fraction
Factor
CFFF)f
063r
0 R7r
04l'
037
0.50
January 26, 1999
-------
Chapter 4
Offsite Consequence Analysis
Notes: • *
NA: Data not available
d"Buoyant" in the Reference Table column refers to the tables for neutrally buoyant gases and vapors; "Dense" refers to the tables for dense gases and vapors
J»ee Appendix D, Section D.4.4, for more information on the choice of reference tables.
a ° JTriate toWe 8hter **" ™ "** ^^ && ^"^ ^^ UP°" ^^ 'f Hquefied Under Pressure or cold: consider the conditions of release when <
c Reported to be spontaneously combustible. ..
^ Much lighter than air; table of distances for neutrally buoyant gases not appropriate.
e Pool formation unlikely.' , .
f Calculated at 298 K (25 "€) with the following exceptions:
Acetylene factor at 250 K as reported in TNO, Methods for the Calculation of the Physical Effects of the Escape of Dangerous Material (MM)
.Ethylene factor calculated at critical temperature, 282 K.
Methane factor calculated at critical temperature, 191 K. '
Sjlane factor calculated at critical temperature, 270 K.
E Use OF for gas leaks under choked (maximum) flow conditions.
January 26, 1999
-------
Chapter 4
Offsite Consequence Analysis
Exhibit C-3
Data for Flammable Liquids
CAS
Number
590-21-6
60-29-7
75-08-1
78-78-4
78-79-5
75-31-0
75-29-6
563-46-2
107-31-3
504-60-9
109-66-0
109-67-1
646-04-8
627-20-3
75-76-3
10025-78-2
109-92-2
75-35-4
Chemical Name
l-Chloropropylene
Ethyl ether
Ethyl mercaplan
Isopcnlane
Isoprene
Isopropylamine
Isopropyl chloride
2-Methyl-l-butene
Methyl formate
1 ,3-Pentadiene
Pentane
l-Pentene
2-Pentene, (E)-
2-Pentene. (Z)-
Tetramethylsilane
Trichlorosilane
Vinyl ethyl ether
Vinylidcne chloride
Molecular
Weight
76.53
74.12
62.14
72.15
68.12
59.11
78.54
70.13
60.05
68.12
72.15
70.13
70.13
70.13
88.23
135.45
72.11
96.94
Flammablity Limit
Lower
(LFL)
4.5
1.9
2.8
1.4
2.0
2.0
2.8
1.4
5.9
1.6
1.3
1.5
1.4
1.4
1.5
1.2
1.7
7.3
Upper
(UFL)
16.0
48.0
18.0
7.6
9.0
10.4
10.7
9.6
20.0
13.1
8.0
8.7
10.6
10.6
NA
90.5
28.0
NA
LFL
(mg/L)
140
57
71
41
56
48
90
40
140
44
38
43
40
40
54
66
50
290
Liquid Factors
Ambient
(LFA)
0.11
0.11
0.10
0.14
0.11
0.10
0.11
0.12
0.10
0.077
0.10
0.13
0.10
0.10
0.17
0.18
0.10
0.15
Boiling
(LFB)
0.15
0.15
0.13
0.15
0.14
0.13
0.16
0.15
0.13
0.14
0.15
0.15
0.15
0.15
0.17
0.23
0.15
0.18
Density
Factor
0.52
0.69
0.58
0.79
0.72
0.71
0.57
0.75
0.50
0.72
0.78
0.77
0.76
0.75
0.59
0.37
0.65
0.44
Liquid Leak
Factor
(LLF)"
45
34
40
30
32
33
41
31
46
33
30
31
31
31
40
64
36
54
•••••••MHMMMM
Reference
Table11
Dense
Dense
•••MMMMMMMi
Pool Fire
Factor
(PFF)
1 *>
4 3
3 3
61
« <:
4 1
3 1
S R
1 8
5 3
S R
5 8
5 6
5 6
6 3
n fiR
4 2
1.6
NA: Data not available
January 26, 1999
-------
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
4 implemented on an ongoing, daily basis and becpme a part of the way you operate.
Therefore, your commitment and oversight should be continuousi
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
' • • 4-. 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.
January 25, 1999
-------
Chapters
Management System
5-2
Most warehouses have relatively few employees. Your management .system,
therefore, will probably be simple. To begin, you may identify either the qualified
person or position with overall responsibility for implementing the 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
|he RMP is the name of the qualified person or position with overall responsibility.
Further, changes to this data element in your RMP do not require that you update vour
RMR ^ ' "_ | ' ', ..... ..... . F *
^.Identification of a qualified individual or position with overall responsibility
may be &H 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
!dentifying the one person or position with the overall responsibility of implementing
the risk management program elements. If this is the case, you need not 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 IF MY WAREHOUSE Is LARGE?
If you are a larger warehouse, you may have more managerial turnover than smaller
sites. For this reason, it may make more sense at your facility to identify a position,
r,§ther than the name of the specific person, with overall responsibility for the risk
. management program elements.
Lines of Authority
Pi* ,
EI8 »IH JP1 jftiraiitt1 j
As a relatively large 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 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.
1999
-------
.. . - . Chapter 5
5-3 ' . Management System
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.
January 25, 1999
-------
Chapters
Management System'
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-lhe-job competency testing
Process Safety Information
Selecting participants for PHAs,
incident investigations
Develop management of change and
pre-startup 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 Procedures
Change in Process Utilization
New Equipment
New Procedures
New regulatory requirements
New Equipment
New Procedures
New Equipment
New Procedures
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
January 25. 1999
-------
5-5
Ma
Chapter 5
EXHIBIT 5-1
SAMPLE 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 Procedures
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
January 25, 1999
-------
'i. V: '• -;' (Is
-------
CHAPTER 6: PREVENTION PROGRAM (PROGRAM 2)
6.1 ABOUT THE PROGRAM 2 PREVENTION PROGRAM
If your warehouse is ineligible for Program 1 and the substances you have above the
threshold are not covered by OSHA's PSM standard, you have a Program 2 process.
For most facilities covered by EPA's rule, the prevention program will be slightly
different for each covered process because the hazards and equipment will be different
• and, therefore, the training and procedures will differ. -For warehouses that simply
store materials (as opposed to repackaging them), however, the prevention program is
likely to be essentially the same for all covered substances. Procedures for moving
and stacking .containers, operating forklifts and other equipment, and segregating
substances will be common to all substances stored. If you start storing a new class of
hazardous substances you may have to address-segregation issues, but once you have,
your procedures and safety information will mainly be the same.
Because of this common approach to prevention/you will probably want to treat your
whole building as one process. You should address any differences in the hazard
review and safety information, but you should develop a single prevention program
that includes all covered substances within a building. If you have more than one
building at your facility, you will need to develop separate prevention programs for
each building with regulated substances above the threshold. Procedures that are
common across buildings need not be duplicated.
The Chemical Manufacturers' Association (CMA), in coordination with the
International Warehouse Logistics Association (IWLA) has developed a Warehouse
Assessment Protocol. The Protocol includes some items that are not covered by the
, rule (e.g., package labeling), but many of the checklists will be useful in developing
your prevention program. Reviewing and adapting applicable parts of the Protocol to
your specific operations can save you time while helping you identify issues of
concern.
There are seven elements in the Program 2 prevention program, which is 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
become part of the way you operate. Doing so will provide benefits beyond accident
prevention as well. Preventive maintenance and routine inspections will lessen the
number of equipment failures and down time.
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Chapter 6
Prevention Program (Program 2)
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
Safety Information
Hazard Review
Operating Procedures
Training
Maintenance
Compliance Audits
Incident Investigation
6.2 SAFETY INFORMATION (§ 68.48)
T,he purpose of this requirement is for you to understand the equipment and chemicals
you have, know what limits they place on your operations, and adopt accepted
§ffid^5?Pd ^es yhere ftey aPPlv- Having up-to-date 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.
WHAT Do I NEED To Do?
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, because you would have developed it to comply with OSHA or
other m|esv EPA !}as h"mited the information to what is likely to apply to the processes
ficWered 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. You :ar$ required to maintain Material Safety Data Sheets under the OSHA
Hazard Communication Standard (HCS) (29 CFR 19 1 0. 1 200). If you are a public
Warehouse, you should obtain the MSDSs from your customers If you do not have an
M5PS for a regulated substance, you should contact your customer or the
|nariufac|urer for a copy. Because the rule states that you must have an MSDS that
nieets OSHA requirements you may want to review the MSDS to ensure that it is, in
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6-3
Chapter 6
Prevention Program (Program 2)
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 ancl buildine
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
fact, complete. Besides the chemical name, the MSDS must have physical and
chemical characteristics (e.g., flash point, vapor pressure), the physical hazards (e.g.,
flammability, reactivity), the health hazards, the 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.)
MSDSs also are available from a number of websites. The University of California,
San Diego Chemistry and Biochemistry Department maintains some MSDSs on its
website: http://www-ehs.ucsd.edu/msds.htm. This site also links to other pages with
MSDSs, including Vermont Safety and Information Resources on the Internet,
http://siri.org. On-line databases also provide MSDSs; 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.
Maximum Inventory. You must document the maximum intended inventory of any
vessel that contains a regulated subject is part of a covered process. This requirement,
when applied to warehouses, means that you must document the sizes of vessels that
you store. Your customers can provide information on the capacity of the drums,
barrels, cylinders, etc., that they store at your facility. You may also want to consider
documenting the maximum storage capacity of areas where you store regulated
substances. If you are doing predictive filing, as described in Chapter 1, section 1.8,
you will want to keep a record of the sizes of vessels you may be storing.
You may want to check with the trade association or standards groups, such as NFPA,
that develop standards for your industry to determine if there are any limitations on
inventories. For example, fire codes may limit the size of individual flammable
-January 25. 1999
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Chapter 6
Prevention Program (Program 2) 6-4
storage areas to less than 40,000 square feet. Codes or standards may set stack height
limits. These standards will limit your maximum inventories.
Storage and Process Limits. You must document the safe upper and lower
temperatures and pressures, process flows, and compositions (the last three items will
generally not be applicable to warehouses).
'!,' i "' , ! ' ' , i" ' • '• ' " ,"" •• ; ,.i '"' ''''•' ,' • • " , • I •,!,, , ' •' i!' : i,"!,
in 'i ,i „ f , '!'. ' . 'i, i i ' «r '' ' , ' r, i ,. r '. " "., . „', ,,, • •' (:
Every substance you store or use will have limits on temperature, which will be
determined by both the properties of the substance and the vessels. If you do not
know these limits, you should contact your customer, the substance manufacturer (if
different), 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 avoid situations where these
limits may be violated. Many people are aware of the dangers of exposing their
vessels to high temperatures, but extreme low temperatures also may pose hazards you
should know about,
Equipment Specifications. You must document any equipment you use to store,
repackage, or move regulated substances. Equipment specifications will usually
jn^ude '"fr?1"013*'011 on ti16, mate"als °f 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. For
warehouses, this requirement will apply mainly to forklifts and other equipment used
to lift or move drums, barrels, pallets, etc., as well as storage racks. It is important
that you understand the limitations on this equipment so that it can be operated and
used properly.
The actual containers for the regulated substances should be designed to meet DOT
performance oriented packaging rules. You need only ensure that containers you store
meet DOT specifications; you do not need to maintain copies of the DOT
specifications unless you package regulated substances at your warehouse.
'' I;};, ' i ' , : " , ' ' | : ,,, l| ' | ' ; "', " ',' „ I,,,'" II, ', ' , ' ,,. , i '; ,n ' • .'
Codes and Standards. You must document the codes and standards you used to
design and build your facility and that you follow to operate. These codes will include
the electrical and building codes that you must comply with under state laws. Besides
the construction of the building, you should consider racks that you use for storage,
sprinkler systems, heating and ventilation systems, and any other equipment or design
features that affect the safety of your warehouse. 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, which are incorporated by reference.
January 25.1999
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6-5
Prevention Progi
Chapter 6
/Program 2)
The CMA Warehouse Assessment Protocol has a section on loss prevention (section 4
of the protocol) that can help you.identify areas of concern on design.
EXHIBIT 6-3
CODESANDSTANDARDS
Organization
=
American National Standards Institute (ANSI)
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
National Fire Protection Association (NFPA)
Fire pumps, Combustible liquid code, Flammable
liquid code, Plant equipment and layout, Electrical,
system design, Shutdown systems, Venting
requirements, Gas turbines and engines, Storage tanks,
Gas code
American Society for Testing Materials (ASTM)
How Do I DOCUMENT ALL THIS?
Inspection and testing, Noise and vibration. Materials
of construction, Piping materials and systems,
Instrumentation
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 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.
The equipment specifications and list of standards and codes will probably meet the
final requirement, that you ensure that your process is designed in compliance with
recognized and generally good engineering practices. If you have any doubt that you
are meeting this requirement, you should contact your trade association to
determine if there are practices or standards that you are not aware of that may be
useful in your operation.
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6-6
'.•'.'.-• ..••.. .. . EXHIBIT6-4 , ' , ".. .. "'..'
SAMPLE SAFETY INFORMATION SHEET
REQUIREMENT
MSDSs on file
Nitric Acid
Hydrochloric Acid
Hydrofluoric Acid
Acrylonitrile
Flammable mixtures
Maximum Intended Inventory
Temperature
Equipment Specifications
Fork lifts
Sprinkler system
Wet system
Foam system
Rack system
Storage racks
Exhaust fans
Fire extinguishers
Alarm system
CURRENT DATA/LIMITS
Data of last update:
1994
1996
1995
1997
5 mixtures ( 1 998, 1 997, 1 999)
Largest Vessel: 55-gallon drums
Maximum storage in any section 1,000 drums
Maximum area storage for flammables 30,000 square
feet.
Aerosol (flammable) storage less than 100 cubic feet
Upper:
Lower:
Specifications on file:
Last update, 1992
Construction drawings and specifications
Construction drawings and specifications
Construction drawings and specifications
Manufacturer's specifications (1985)
Manufacturer's specifications (1993)
Manufacturer's specifications (1995)
Manufacturer's specifications (1985)
CODES AND STANDARDS
Building construction
Floor
Interior walls
Ceiling
Fire doors
Electrical
Sprinkler system
Ventilation system
Racks
Stack heights, separations
State building and fire code met
State electrical code met
State building code; NFPA met
State building code met
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6-7
Chapter 6
Prevention Program (Program 2)
After you have documented yoursafety 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.
* • j
6.3 HAZARD REVIEW (§ 68.50)
The hazard review will help you determine whether you're meeting applicable codes
and standards, identify and evaluate the types of potential failures, and focus your
emergency response planning efforts.
WHAT Do I NEED To Do?
The hazard review is key to understanding your operation and continuing to operate
safely. You must identify and review specific hazards and safeguards of your
Program 2 processes. Exhibit 6-5 summarizes things you must do for a hazard review.
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 (such as you
might in a model 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.
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Chapter 6
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6-8
How Do I START?
There are three Possible approaches to conducting a hazard review; which you use will
depend on your particular situation.
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Processes designed to industry-specific codes. If all or part of your warehouse and
!ts, operation was designed and built to comply with a federal or state standard for that
operation or an industry-specific design code, your hazard review will be relatively
f imPJe- The standard-setting organization has already conducted a hazard review,
identified the hazards, and designed the equipment and operating requirements to'
minimize the risks. You can use the code or standard as a checklist. The purpose of
y°ur review is to ensure that your equipment still meets the code and is being operated
in appropriate ways.
Industry checklist. CMA's Warehouse Assessment Protocol, particularly the
Warehouse Assessment (as opposed to the Management Systems Assessment), can
provide the basis for a hazard review checklist. CMA and IWLA have already
identified what your general 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. You should tailor this
checklist to add chemical-specific concerns. For example, if you handle a wide range
of chemicals across hazard classes, you will want to be sure that these materials are
segregated properly, the segregation criteria you use should be documented. If you
have an operating engineer on staff, he or she may be able to conduct the review. If
|ou 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 them so that you understand
What they find.
Develop your own checklist. If you do not choose to use the CMA protocol or
industry standards, you will have to conduct your own hazard review. As discussed in
the requirements section, the review must identify:
+ The hazards of the substance and process;
•f Possible equipment failures or human errors that could lead to a release;
+ Safeguards used to prevent failures or errors; and
•f- Steps needed to detect or monitor releases.
You will probably be able to define the hazards of the substances using the MSDSs,
Which list the hazardous properties of the substances. The hazards of the process (as
opposed to the equipment) will be limited because you may not actually handle the
substance outside of the container. However, if you mix or repackage chemicals, or if
you fail to segregate hazard classes, you may have process hazards that you need to
define. Your safety information should help.
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Chapter 6
6-9 Prevention Program (Program 2)
The next step may be to conduct a simplified What If process, where your technical
staff ask for each piece of equipment and procedure, "What if this fails?" and "What if
the operator fails to do this?" Most industry standards and codes have already
considered these questions and developed responses, in terms of design and operating
practices. If you are doing this on your own, the important thing to remember is that
you should not assume that something will not happen. Ask why something could not
happen and whether the safeguards that you think protect 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.
From this exercise, you should develop a checklist of items that you need to check.
For example, you may have decided that your racks can hold a certain weight. The
checklist would then include an item to check procedures to be sure that they reflect
this limit. You may have identified puncturing drums with a forklift as the most likely
operator error. Your checklist might then include both a check of operating
procedures that address proper practices, plus a check of the width of corridors
separating racks or pallets to ensure that forklift operators have enough space to
maneuver. '
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.
CAUTION
Whichever approach you use, remember, you should consider external events as well
as internal failures., If you are in an area subject to earthquakes, hurricanes, floods, or
heavy snow you should examine whether your warehouse,would survive these natural
events without releasing the substance. You should consider the potential impacts of
lightning strikes and power failures (e.g., if you lost heating in midwinter would that
create dangerous situations?). These considerations may not be part of standard
checklists. If you use these standards, you may have to modify them to address these
site-specific concerns. Never use someone else's checklist blindly. You must be sure
that it addresses all of your potential problems.
DOCUMENTING THE REVIEW
You should maintain a copy of the checklist you used. The easiest way to document
findings is to enter them into the checklist after each item. This approach will give
you a simple, concise way of keeping track of findings and recommendations. Exhibit
6-6 provides a sample of part of a checklist (adapted from the CMA Warehouse
Assessment Protocol, 1996). You may also want to create a separate document of
recommendations that require implementation or other resolution, EPA does not
January 25, 1999
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Chapter 6
Prevention Program (Program 2)
6-10
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 document your decision on each recommendation.
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',,;;. • ' ""^ " i ' ,'',,' : " ' ' '; . ' ":i,i!! ' ' "• ' ' ' ' ' "' ' ' ' , ''' '
EXHIBIJ6-6
SAMPLE CHECKLIST
Storage and Handling
Are chemicals segregated from foods/consumer goods?
Are chemicals segregated by hazard class?
I Are damaged containers marked and segregated?
|J Are product temperature specifications followed?
11 Are there floor markings to indicate storage spaces, aisles,
1 staging areas, and routes?
Are products stacked properly to height specifications in
|| accordance with fire regulations?
Are there indications of exceeding height requirements,
such as crushed boxes?
Are aisle distances between stacking racks appropriate for
safe access with mechanical handling equipment?
Is aisle distance maintained for safe access for fire
| fighting?
Is there at least one meter between the top of the stack and
1 sprinkler heads?
Are products stored outside of the pathway of forced air
conditioning and heating units?
Are products stored in areas other than on the floor?'
Is there a designated area for drums or intermediate bulk
containers stored outside?
Are empty pallets stored in accordance with fire
regulations?
Are container labels visible?
Yes
No
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Chapter 6
6-11 Prevention Program (Program 2)
UPDATES
You must update the review every five years or whenever a major change occurs. For
most warehouses, major changes will be limited. If you start storing a new substance,
particularly if it is in a hazard class you have not handled before, you would want to
consider whether the new type of hazard requires any additional actions (e.g., different
type of fire suppression system, new segregation patterns). In most cases, adding new
regulated substances in a hazard class you already handle (flammable liquids, acids)
will not be considered a major change. Even if the changes prove to be minor and do
not require an update, you should examine the process carefully before starting. You
will operate more safely if you take the time to evaluate the hazards before
'proceeding.
6.4 OPERATING PROCEDURES (§ 68.52)
Written operating procedures describe 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. model risk management
programs 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.
Your operating procedures must be: .
+ Appropriate for your equipment and operations;
+ Complete; and
+ Written in language that is easily understood by your operators. '
The procedures do not have to be long. If you have simple equipment that requires a
few basic steps, that is all you have to cover.
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Chapter 6
Prevention Program (Program 2)
6-12
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
Operating limits
•Consequences of deviating
•Steps to avoid, correct deviations
WHERE Do I START
If you already have written procedures, you may not have to do anything more.
Review the procedures. If 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
§^aniza^onsvbut vou a*6 nof required to do so. You are responsible for ensuring that
me procedures explain how to operate your equipment and store chemicals safely.
If you do not have written procedures, you 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 anyone
else's procedures withput checking to be sure that they are 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
If dera' irules- Fo,r F^P16' if y°u ^e subject to federal, state, or local rules for
loading and unloading of hazardous materials, those rules may dictate some
procedures. Copies of these rules may be sufficient for those operations.
WHAT Do THESE PROCEDURES MEAN?
The rule lists eight procedures. Not all of them will be applicable to you if you only
store substances. 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.
1 Startup. This item will only apply to you if you repackage or mix chemicals.
For most warehouses this item is not applicable. If you handle the chemicals outside
of the containers, as opposed to simply storing and moving the containers, this item
Jan wny 25,1999
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Chapter 6
6-13 Prevention Program (Program 2)
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. '
Normal Operations. These procedures should cover your basic operations. These
are your core procedures that you expect your operators to follow on a daily basis to
run your warehouse safely. For a warehouse, these would include the following:
. "*• • Segregation and storage procedures
' + Useofforklifts , ,
+ Loading and unloading - . .
+ Examination for damage and labeling
' + Stock controls
+ Site security
+ Bracing and stacking
+ Hot work .
+ Handling damaged containers
; You may also have to cover the HVAC system if failure of this system could lead to a
release.
Some of these operations are covered by federal, state, or local rules (e.g., loading and
unloading may be covered by US DOT; hot work is covered by OSHA). Your
procedures should represent compliance with any applicable rules.
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., can the material be segregated properly?). The actual
operating procedures for running the temporary process will be written as the
operation is put into place.
You 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). . •
Normal Shutdown. These procedures may not apply to warehouses unless you
repackage. If you, do not repackage, you may not need procedures for this step unless
you use automatic equipment for moving containers.
Startup following a normal or emergency shutdown or a major change. For most
warehouses, thesfe procedures are likely to be similar to those for initial startup.
Startup procedures following an emergency shutdown or a major change may include
more equipment checks because you may need to check new or repaired equipment on
January 25t 1999
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Chapter 6
Prevention Program (Program 2) 6-14
a more frequent basis. You should include all the steps your workers should take to
ensure that the process can operate safely. These procedures 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 a rack appears to be
sagging inward, 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.
You should include this information in each of the other procedures (startup, normal
operations, shutdowns), rather than as separate documents.
If you have substances with 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
fquipnient 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, leakage, overheating equipment). These
inspections are not the 'same as those detailed checks that maintenance workers will
.. igerform, but rather are the "eyeball," "sound," and "feel" tests that experienced
Operators do often without realizing it. Most likely, your warehouse is already doing
9SHA pre-checks and checks after work shifts. If you need further assistance, your
operators, your vendors, and your trade association can help you define the things that
should tagger concern: How much vibration is normal? What does a smoothly
running motor sound like?
CMA PROTOCOL
The CM A Warehouse Assessment Protocol provides a checklist of operational
practices in its Management Systems Assessment. You may want to review this list;
s5me of the items on the list are not specifically covered by the rule (e.g., traffic office
procedures^ but may be important to efficient running of your warehouse. For
ffiar§hpuses, more than for many other businesses covered by this rule, the total
operation of the business is relevant to safety. Although many of the substances you
handle will not be subject to this rule, you are likely to use the same procedures that -
you use for covered substances for the other chemicals you store.
UPDATING PROCEDURES
Y;pu rnust update your procedures whenever you change your process in a way that
alters the steps needed to operate safely. A change in the process, for a warehouse, is
likely to involve either the introduction of new equipment or introduction of a new
class of chemicals. If you add new equipment, you will need to expand your
.January 25.1999
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Chapter 6
6-15 Prevention Program (Program 2)
procedures or develop a separate set to cover the new items. If you store a class of
chemicals you have not handled before, you will need to inform your workers of the
hazards and make sure that these substances are segregated properly. Storing
containers of a chemical you have not handled before, but which is part of the same
class (e.g., flammables) that you already handle, would not be considered a change
unless the chemical had some other hazard of concern that you have not handled
before.
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.
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) and
DOT training requirements.
WHAT Do I NEED TO Do?
You must train all new workers in your operating procedures developed under the
previous 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
should 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.
New hires should be trained before being allowed to operate equipment or handle
regulated substances.
For current workers, 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." This "grandfather clause" means that you do
not need to conduct additional training for employees who are employed prior to June
21,1999, and 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.
January 25, 1999 " ,
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Chapter 6
Prevention Program (Program 2)
6-16
are n°l recju,!red to ProXide a sPecific amount of training or type of training. You
Jhould develop a training approach that works for you. If you are a small facility, one-
pn-orie training and pn-the-job training may work best. Larger facilities may want to
jprbvide 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
sources. The form and the length of the training will depend on your resources and
your processes, fr you can teach someone the basics in two hours and move them on
IP 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
interested in the results of the training, not the details of how you achieve them. Find
a system that works for you. Exhibit 6-8 lists things that you may find useful in
developing your training program.
How DOES THIS TRAINING FIT WITH OTHER REQUIRED TRAINING?
You are required by OSHA to provide training under the hazard communication
standard; 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. 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?
You are not required to maintain documentation of your training program. You may,
however, want to keep an attendance log for any formal training courses and refresher
ISining to ensure that everyone who needs to be trained is trained. Such logs will
help you when you do a compliance audit; without such logs you will have to rely on
your memory and the memory of your operators. Again, you are not required to keep
them for this rule.
EXHIBIT 6-8
TRAINING CHART
•Who needs training?
•What are the
objectives?
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.
January 25,1999
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6-17
Chapter 6
Prevention Program (Proaram 2)
•How will you meet the
training objectives?
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.
•Is your training
program working?
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's competence.
•How will your
program work for new
hires and refresher
training?
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 their jobs. , •
6.6 MAINTENANCE (§ 68.56)
You have several elements you must satisfy: you must, develop maintenance
procedures, train your workers in these procedures, and carry out inspections and tests
on your equipment; if you use a contractor for maintenance, you must ensure that the
contractors are able to follow your procedures. Maintenance procedures should cover
routine maintenance, inspection, and testing. For warehouses, maintenance will apply
primarily to equipment used to move storage containers (lifts, conveyors, ladders,
dock equipment). If you repackage regulated substances, equipment use to repackage
will be covered. ,
WHAT Do I NEED TO Do?
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. Exhibit 6-9 briefly
summarized the elements of a maintenance program that would satisfy EPA's rule.
How Do I START?
Your first steps 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.
January 25, 1999 '
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Chapter 6
Prevention Program (Program 2)
6-18
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. Your trade association may
also be able to help you with industry-specific checklists. If there are existing
standards, your trade association can provide you with the references. Copies of these
may form the basis for your maintenance program. If there are federal or state
regulations that require certain maintenance, you should use these as well.
".;;;.: .". •'.";".:. "",, EXHIBIT $-9 ., ,'„;,;".;., ,„, " , '.., i:i ."'';,
;-~r - • MAINTENANCE GUIDELINES „' ' '. ,
Written procedures
•You may use someone
else's procedures as
the basis for your
program. If you
choose to develop your
own, you must write
them down.
Training
•Train process maintenance
employees in process hazard
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.
Ifou need to determine if procedures provided by vendors, manufacturers, trade
associations, or Others are appropriate for your operation. If you are operating in a
standard way (e.g., using your equipment in the way it was designed for), 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, your best option is obtain
appropriate equipment. In the interim, you should consult with the equipment
manufacturer or vendor to decide whether your use is safe and whether you need to
upgrade maintenance practices or increase the frequency and rigor of inspection and
testing.
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 tp avoid or correct them as part of Hazard Communication Standard training.
You do not need to repeat this training to comply with this rule. New hires or
January 25.1999
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Chapter 6
6-19 Prevention Program (Program 2)
temporary workers must be trained before'they perform maintenance on covered
equipment.
If you hire contractors to do your maintenance, you must ensure that they are trained
to carry out the procedures. You can do this by providing training or by developing
agreements with the contractor that gives you the assurance that only trained workers
will sent to your site. In some cases, you may be able to rely on licenses (e s •'
electricians). '&''
INSPECTION AND TESTING
You must establish, a schedule for inspection and testing equipment associated with
covered processes. You may obtain recommendations from manufacturers, vendors
or trade associations. You should, however, use your own experience as a basis for '
examining any schedules you obtain from others. Many things may affect whether a
schedule is appropriate. The manufacturer may assume a certain rate of use If your
use (e.g., the hours per day a forklift is operated) 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
trade association may also be able to provide advice.on these issues.
WHAT KIND OF DOCUMENTATION MUST I KEEP? '. '
You must keep your written procedures and schedules as well as any agreements you
have with contractors. You are not required to keep training logs or maintenance logs
to comply W1th this rule. You may, however, want to maintain such logs for your own
use. Without some record, you will have to rely on workers' memories about when
something was last checked. As workers leave or change jobs at your company, it can
be difficult to keep track of when inspections and tests were done. Maintaining a
record of when something was last done or is scheduled to be done next can help keep
your program working smoothly.
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
January 25, 1999
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Chapter 6
Prevention Program (Program 2) 6-20
WHAT Do I NEED TO Dp?
At least every three years, you must certify that you have evaluated compliance with
EPA's requirements for the prevention program for each covered process. At least
one person pri your audit team must be knowledgeable about the 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.
Tne 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
I!1 case the government inspects your site. To .be in compliance (and gain the benefits)
procedures must be followed on a daily basis; documents must be kept up to date.
Theaudu will check these items and provide you with items that need to be improved.
You must check each of the items in the prevention program. Because you have
simple procedures, the audit should not take a long time. You may want to use the
CM A protocol as the basis of your audit or tailor it to fit your operation.
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 each of the items, writing down comments and
recommendations. 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 warehousing. If you do either of these, you should have someone
work with the person, both to understand the findings and answer questions.
kernem,ber, this is an audit of compliance with the prevention program of this rule.
You may choose to expand the scope of the audit 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. . . . ", ' . ... , .. „.. ,, , ' ' . .
WHAT KIND OF DOCUMENTATION MUST I KEEP?
Xou must keep a written record of the findings and actions for five years. You may
J|lf° want to keep a record of who conducted the audit, but you are not required to do
tnis. Exhibit 6-10 provides a sample format for documenting the audit and subsequent
actions.
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Chapter 6
—•• 6-21 Prevention Program (Pr
Q and A
AUDITS
Q., Do the compliance audits cover all of the Part 68 requirements or just the prevention program
requirements? ,
A. The compliance, audit applies only to the requirements of 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
6.8 INCIDENT INVESTIGATION (§ 68.60)
Incidents can provide valuable information 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 thorough
investigation, you may miss the opportunity to identify and solve these problems.
WHAT Do I NEED TO Do?
You must investigate each incident that 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
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Chapter 6
Prevention Program (Program 2)
6-22
EXHIBIT 6-10
SAMPLE AUDIT CHECKLIST
FOR SAFETY INFORMATION AND HAZARD RE VIE WS
Element
Yes/No/NA
Action/Completion Data
Safety Information
MSDSs updated?
Maximum intended inventory determined?
Determined
Safe upper and lower temperature?
Segregation of incompatible substances
Equipment specifications
Forklifts
Fire suppression systems
Ventilation system
•
Hazard Review-
Are incompatible materials appropriately
segregated?
Is the fire suppression system appropriate for
materials stored?
Are stack heights in accordance with industry
standards and codes?
Has equipment been inspected to determine if
it is operated according to industry standards
and codes?
Are the results of the inspections documented?
Have inspections been conducted after every
major change?
environment. The easiest way to understand imminent and substantial endangerment
is to consider whether the release could have exposed the public to levels that exceed
the toxic or flammable endpoints. If a release had that potential, even if no such
exposure occurred (because of favorable weather conditions or because the adjoining
facilities were unoccupied at the time), you should investigate. Most warehouse
accidents will not meet this criterion; minor spills of toxic substances that are
January 25,1999
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6-23
(Pr
Chapter 6
contained within the warehouse building are unlikely to represent a potential
catastrophic release. Minor fires, however, may represent potential catastrophic
releases .if the fire had the potential to, spread and release toxic substances. Spills of
toxic regulated substances outside may pose a threat to the public and should be
investigated. Exhibit 6-11 briefly summarizes the steps you must take for
investigating incidents.
EXHIBIT6-11
INCIDENT INVESTIGATION REQUIREMENTS
•Initiate an investigation promptly.
Begin investigating no later than 48 hours
following, the incident..
•Summarize the investigation in a report.
Among other things, this report will include the
factors contributing to the incident. Remember
that identifying the root cause may be,more
important than identifying the initiating event.
Remember, also, that the purpose of the report is
to help management take corrective action.
•Address the team's findings and
recommendations.
Establish a system to address the incident report
findings and recommendations and document
resolutions and corrective actions.
•Review the report with your staff and
contractors.
You must share the report - its findings and
recommendations - with affected workers whose
job tasks are relevant to the incident.
•Retain the report.
Keep incident investigation summaries for five'.
•ears.
How Do I START?
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 thev
were involved.
The purpose of the investigation is to find but 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. 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. ,
January 25. 1999
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Chapter 6
Prevention Program (Program 2) 6-24
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 many cases, an investigation will not take long. If you have a complex facility, if
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
fecommendations 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, recommendations, and 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.
i '•„.,,,,, rf , i , ,
6.9 CONCLUSION
Many of you will need to do little that's new to comply with the Program 2 prevention
program, because you already are complying with many program elements through
other Federal rules, state requirements, and industry-specific codes and standards.
And if you've voluntarily implemented OSHA's PSM standard for your 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 mind:
Integrate the elements of your prevention program. For Program 2 owners and
operators, a major change in any single element of your program should 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 management
program, a prevention program is more than a collectionof written documents. It is a
: • , • ' ••.--. '. • ,': ," '•['•" ".;•' • EXHIBIT6-12 '.. , ' „ , ,' ' ' ' '. ' " ,' , "'
SAMPLE INCIDENT INVESTIGATION REPORT
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6-25
. Chapter 6
Prevention Program (Program 2)
Hydrofluoric Acid Release
Date: May 15, 1998; 3pm
Substance: Hydrofluoric acid
(70%) '
Quantity: 1800 pounds
Duration: 2 hours
Weather: 82° F, 8 mph winds,
WSW
Description:
A forklift punctured two 55-gallon drums of HF and severely
damaged two other drums on the pallet, which then split open as
they fell off the loading dock. Five workers and two local
responders were treated for exposure. Neighboring facilities were
notified to shelter in place.
Findings
Recommendations
Actions
The forklift controls stuck.
Institute more frequent
inspections and tests of the
forklifts.
Changed inspection and testing
intervals; revised procedures;
conducted training on new
procedures ,
Operator and other workers left
the scene to protect themselves.
It took 15 minutes for the
lazmat staff to suit up and begin
responding.
Conduct exercises quarterly for
hazmat staff. Conduct refresher
training for other staff on
evacuation and notification
procedures. , '
Exercise schedule established.
Refresher training provided;
safety meetings added and held
on a monthly basis to review
safety issues
Inadequate quantities of
neutralizer were available.
Supply had not been replenished
after several minor spills.
Check and replenish supply
monthly or after each use.
Routine checks added to work
order schedule.
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.
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IIII 111 I 111 IN 111 111 111 II 111 II
-------
CHAPTER 7: PREVENTION PROGRAM (PROGRAM 3)
Warehouses are subject to Program 3 only if they are subject to the OSHA PSM
standard. 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.
4- 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 endangerment 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.
EXHIBIT 7-1
COMPARABLE EPA AND OSHA TERMS
OSHA TERM
Highly hazardous substance
Employer
Facility
Standard
EPA TERM •.:.•;•••-••...... .
Regulated substance
Owner or operator
Stationary source
Rule or part
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Chapter-?
Prevention Program (Program 3)
7-2
There are twelve elements in the Program 3 prevention program. Each element
corresponds 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
employees) is beyond EPA's statutory authority.
EXHIBIT 7-2
SUMMARY OF PROGRAM 3 PREVENTION PROGRAM
(40 CFR PART 68, SUBPART D)
SECTION
§ 68.65
§ 68.67
§ 68.69
§68.71
§ 68.73
§ 68.75
§ 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 PSM REFERENCE
PSM standard § 1910.1 19(d).
PSM standard § 1910.1 19(e).
PSM standard § 1910.1 19(f).
PSM standard § 1910.1 19(g).
PSM standard § 1910.1 19(j).
PSM standard § 1910.1 19(1).
PSM standard § 1910.1 19(1).
PSM standard § 1910.1 19(o).
PSM standard § 1910.1 19(m)
PSM standard § 1910.1 19(c).
PSM standard § 1910.1 19(k).
PSM standard § 1910.1 19(h).
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 F. The
£ffnainder of t?lis,,9^aP,ter briefly outlines the maJor requirements and provides a
dlscussion 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 F.
Jmiaay 25.1999
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7-3
' • .Chapter?
Prevention Program (Program 3)
QS &AS
IMPLEMENTATION AND PROGRAM LEVEL
Q. I have a tank with more than 10,000 pounds of propane. I use the propane to heat the offices, but
not as a fuel for my covered process, so it is not subject to OSHA PSM and would be Program 2 for
EPA. 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 process? Does this affect the
program level? . ,
A. If a fire 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 a single process
and consequently is subject to both OSHA PSM and Program 3.
PSM AND WAREHOUSES
As discussed in Chapter 2, you will be subject to OSHA PSM if you have more than a
threshold quantity of most of the regulated toxic substances (OSHA does not cover the
acids in solution, toluene diisocyanate, chloroform, arsenous trichloride,
tetranitromethane, and titanium tetrachloride). If you have regulated flammables
liquids stored in containers at atmospheric conditions, these are not subject to OSHA
PSM under an exemption. Flammables stored under pressure or refrigeration would
be covered by OSHA.
7.2 PROCESS SAFETY INFORMATION (§ 68.65)
Exhibit 7-3 briefly summarizes the process safety information requirements.
PROCESS SAFETY INFORMATION AND WAREHOUSES
If you only store containers of regulated substances, many of the process safety
information requirements will not be applicable to you. Process chemistry, block flow
diagrams, P&IDs, relief systems, and safety systems are unlikely to be applicable to
most warehouses. You will still need to define maximum inventories (see Chapter 6),
safe process limits, and consequences of deviations. Materials of construction,
, . . electrical classification, ventilation system design, and design codes and standards will
also apply.
January 25, 1999
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Chapter 7
Prevention Program (Program 3)
,7-4
:,;;;, ;. ;, ; s ,; , • EXHIBIT 7-3
PROCESS SAFETY INFORMATION REQUIREMENTS
i'licfi! ' ' i" , ' • "»l; nu"' ' v" :f:; ' „ " ,!;,,- 'I1 ' ''" ',' Tr- , ,,
For chemicals, you must
complete information on:
fToxicity
•Permissible exposure limits
•Physical data
•Reactivity
•Corrosivity
•Thermal & chemical stability
•Hazardous effects of
inadvertent mixing of
materials that could
foreseeably occur
For process technology, you
must provide;
•A block flow diagram or
simplified process flow
diagram
•Information on process
chemistry
•Maximum intended inventory
of the EPA-regulated chemical
•Safe upper & lower limits for
such items as temperature,
pressure, flows, or
composition
•An evaluation of the
consequences of deviation
For equipment in the
process, you must include
information on:
•Materials of construction
•Piping & instrument diagrams
(P&IDs)
•Electrical classification
•Relief system design & design
basis
•Ventilation system design
•Design codes & standards
employed
•Safety systems
•Material and energy balances
for processes built after June
21,1999
WHERE To Go FOR MORE INFORMATION
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:
4- Guidelines for Process Safety Documentation, Center for Chemical Process
Safety of the American Institute of Chemical Engineers 1995.
+ 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.
4- Guidelines for Pressure Relief and Emergency Handling Systems, Center for
Chemical Process Safety of the American Institute of Chemical Engineers
: • ••',; ; , • "1998. . ^ , , .... ;.,.. , | , , „,,', " , „ . .
4- Loss Prevention in the Process Industries, Volumes I, II, and IIIj Frank P.
llees, Butterworths: London 1996.
January 25.1999
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7-5
Chapter?
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 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. . ' .
7.3 PROCESS HAZARD ANALYSIS (§ 68.67)
PHA AND WAREHOUSES
PHA checklists will generally work well for warehouses. See Chapter 6 for guidance
on identifying or developing a checklist.
Exhibit 7-4 provides a summary of the requirements for process hazard analyses
(PHAs). ._•..;
( 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 will be for non-OSHA Program 3 processes. If the
January 25, 1999
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II : ....... ..... I* ,i JIB11:1;!1; ..... "Si ..... I ...... i Ml,!11 S" ..... • V Ti 1 , • ' ililT; ii-:;!1'!1 J ....... i ..... (WIIT; "!: '.'•! ..... :>l fiSWiift' ill! ..... l!!1!! ..... I'.l Hi ,'!"* If* ...... Tf J
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'. iillil ..... <:: JBK ..... ((ill
Chapter 7
Prevention Program (Program 3)
7-6
•.:i ,':>,••:":• ^.<;: -"EXHIBIT7-4'
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 th
life of the process
process is subject to OSHA PSM, you can update and revalidate your PHA on
OSHA's schedule.
.QffS'te 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
c°nsecluence 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
PIotection measures *at were adequate for worker safety are inadequate for public
and environmental safety.
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
^ect 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
9£c°ntainmSnt 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
team snould reassess ventin§ as, an appropriate mitigation measure.
Januaiy 25,1999
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Chapter?
7-7 Prevention Program (Program 3)
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.
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
January 25, 1999
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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.
guidance on methods for conducting a process hazard analysis. You might find the
following documents useful.
4- Guidelines for Hazard Evaluation Procedures, 2nd Ed. with Worked
examples. Center for Chemical Process Safety of the American Institute of
Chemical Engineers 1992.
"t EvaluajinS, Process Safety in the Cnernical Industry, Chemical Manufacturers
Association.
Lps.s Prevention in the Process Industries, Volumes I, II, and HI, Frank P.
Lees, Butterworths: London 1996.
Management of Process Hazards (RP 750), American Petroleum Institute.
Risk-Based Decision Making (Publication 16288), American Petroleum
Institute. ...... , . , ' ............ ' .............. '...;„ ,
v; •• B,
January 25.1999
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7-9
PFE
Chapter 7
(Program 3)
7.4
OPERATING PROCEDURES (§ 68.69)
OPERATING PROCEDURES AND WAREHOUSES
Chapter 6 of this document provides descriptions of what each operating phase and
when these phases may not apply to warehouse operations. '
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 7 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.
+ Guidelines for Safe Process Operations and Maintenance, Center for
Chemical Process Safety of the American Institute of Chemical Engineers
January 25, 1999
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Chapter 7
Prevention Program (Program 3) 7-10
ijr , Guidelines for Writing Effective Operating and Maintenance Procedures,
Center for Chemical Process Safety of the American Institute of Chemical
|»»':< j ' •• . • , ";'|";/:" " .Engineers 1996.
7.5 TRAINING (§68.71)
You are required to train new operators on the operating procedures 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 2i, 1999,
you may certify in writing that they are competent to operate the process safely, in
accordance with the operating procedures. 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
lecprd for each emPlovee with the date of the training and the method used to verify
that the employee understood the training.
WHERETO Go FOR MORE INFORMATION
:' ' ;. -,1 •j•;.!...::;:•'.'.'; ::A,:;,;';„'•';•. ':';',; ;.'•:;';.;,;;„;':;;; .;<$:..; •'':;•;' ':^-/-i :•:• •; "
4- Guidelines for Process Safety Fundamentals for General Plant Operations,
Cente,r for CJiemical Process Safety of the American'Institute of Chemical
Engineers 1995.
i- Guidelines for Technical Planning for On-Site Emergencies, Center for
Chemical Process Safety of the American Institute of Chemical Engineers
• • ' •;;; . " 1995. \ . • .
+ Federally Mandated Training and Information (Publication 12000),
American Petroleum Institute.
7.6 MECHANICAL INTEGRITY (§ 68.73)
You must have a mechanical integrity program for pressure vessels and storage tanks,
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.
WHERE To Go FOR MORE INFORMATION
.Ff I " ' ! ,[' :"" , ii "iJII1 'i ', , ",' !i;u''l l'l:i;,:"1: ' ,. -' ,:' ""i1 |M / , v '/ ''' T '- '• '"'1 'i1'"1 LJI '! "I:E "'l ' ''' .'.'.'' "' ''',''' n ':" !|l''' l'l|li!:. !,
Guidance and Reports. Other sources of guidance and repbrts you may find useful
include:
•f- Guidelines for Process Equipment Reliability Data with Data Tables, Center
for Chemical Process Safety of the American Institute of Chemical Engineers
""..: .. '.'' . • " ''::: :.' . 1989.' " '"' '" ".' _ "•' "."
•f Guidelines for Process Safety Documentation, Center for Chemical Process
Safety of the American Institute of Chemical Engineers 1995.
January 25.1999 ' ' " ' '
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7-11
(Pr
Chapter 7
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
+ Pressure Vessel Inspection Code: Maintenance Inspection, Rating, Repair
and Alteration (API 510), American Petroleum Institute.
t Tank Inspection, Repair, Alteration, and Reconstruction (Std 653), American
Petroleum Institute.
/ . -
MANAGEMENT OF CHANGE (§ 68.75)
Exhibits 7-7 briefly summarizes EPA's MOC requirements.
January 25. 1999
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Chapter 7
Prevention Program (Program 3)
7-12
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)
MOC AND WAREHOUSES
W you only store substances at your warehouse, management of change will apply
primarily to the use of new equipment and the handling of a new class of substances.
If your procedures and practices do not change with the introduction of a new
substance or class of substances, you may not need to take any steps under
management of change. These changes will not trigger an RMP update if you have
included the new regulated substance in your existing RMP under predictive filing
(see Chapter i).
WHERE To Go FOR MORE INFORMATION
'-•*• Management ofChange 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.
January 25.1999
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7-13
Chapter?
Prevention Program (Program 3)
7.8 PRE-STARTUP REVIEW (§ 68.77)
You must conduct your pre-startup safety 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.
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.
Trainin
•
•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.
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
January 25, 1999
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Chapter 7
Prevention Program (Program 3)
7-14
near misses can help you identify problems ,that could result in major releases if left
unaddressed.
WHERE To Go FOR MORE INFORMATION
;fv .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. ,
•• ;, •; ,;,•. ; EXHIBIT 7-9... .• ,
INCIDENT INVESTIGATION REQUIREMENTS
•Initiate an investigation
promptly.
•Establish a knowledgeable
investigation team.
•Summarize the investigation in a
report.
•Address the team'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.
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.
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.
Janumy 25,1999
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7-15
Prevention Pr
Chapter 7
(Prosram 3)
7.11 EMPLOYEE PARTICIPATION (§ 68.83)
Exhibit 7-10 briefly summarizes what you must do.
EXHIBIT 7-10
EMPLOYEE PARTICIPATION REQUIREMENTS
Develop a written plan of action regarding how you will implement
employee participation.
•Consult with
employees.
Consult your employees and their representatives regarding conducting and
developing PHAs and other elements of process safety management in the
risk management program rule.
•Provide access to
information.
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.
You must issue this permit for hot work conducted oh or near a
covered process.
•Implement fire prevention and
protection.
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.
•Indicate the appropriate dates.
The permit should indicate the dates authorized for hot work.
•Identify the work:
The permit must identify the object on which hot work is to be
performed.
•Maintain the permit on file.
You must keep the permit on file until workers have completed the
hot work operations.
WHERE To Go FOR MORE INFORMATION
Standard for Fire Prevention in Use of Cutting and Welding Processes
, (NFPA 518), National Fire Protection Association.
Standard for Welding, Cutting and Brazing, 29 CFR 1910 Subpart Q.
January 25, 1999
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liii; ;ix;,:, -'(I , ',.£1 ••:••• ,-I1".
Chapter 7
Prevention Program (Program 3)
7-16
7.13 CONf RAbf ORS (§ 68.87)
Exhibit 7-12 summarizes both yours and the contractors'responsibilities where
contractors perform maintenance or repair, turnaround, major renovation, or specialty
i work on or adjacent to.a covered process.
EXHIBIT 7-12
CONTRACTORS CHART
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 fulfilling
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.
EPA/OSHA DIFFERENCES
EPA has no authority 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
WHERE To Go FOR MORE INFORMATION
Contractor and Client Relations to Assure Process Safety, Center for
Chemical Process Safety of the American Institute of Chemical Engineers
1996.
Janumy 25,1999
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Chapter?
7-17 . • Prevention Program (Program 3)
API/CM A Managers Guide to Implementing a Contractor Safety Program
(RP 2221), American Petroleum Institute.
Improving Owner and Contractor Safety Performance (RP 2220), American
Petroleum Institute. •
January 25, 1999
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i ' Chapter 7 ' ^ " '
Prevention Program (Program 3) 7-18
'- APPENplX7-A .......
PHA TECHNIQUES
This appendix provides descriptions of each of the PHA techniques listed in the OSHA PSM
SOd § 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
EcjU 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.
hi. ; , .. ..... " '•• "» •'! • • , .'' • i.'!| / •' " . • ' i ' ;• • .' •'• • "t ". '• •' !V/r .. ' i ' '" ."., , • : \ ,.•!" .
DESCRIPTIONS OF TECHNIQUES
CHECKLISTS " ..... " ......... " ' ...... '' ' ' ..... : ............ '' ''
Checklists are primarily used for processes that are covered by standards, codes, and industry
s ~~ for exarnPle' storage tanks designed to ASME standards, ammonia handling covered by
(29 CFR 1910.1 1 1), 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
PrePart> 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.
Januuy 25.1999
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Chapter?
7-19 , Prevention Program (Program 3)
WHAT-IF
A What-If is a brainstorming approach in which a group of people familiar with the process ask
questions about possible deviations or failures. These questions may be framed as What-If, as in "What if
the pump fails?" or may be expressions of more general concern, as in "I worry about contamination during
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. , ;
What-If analyses are intended to identify hazards, hazardous situations, or accident scenarios. The
team of experienced people identifies accident scenarios, consequences, and existing safeguards then
suggest possible risk reduction alternatives. The method'can be used to examine deviations from design
construction, modification, or operating intent. It requires a basic understanding of the process and an '
ability to combine possible deviations from design intent with outcomes. AIChE describes this as a
powerful procedure if .the staff are experienced; "otherwise, the results are likely to be incomplete."
, A What-If usually reviews the entire process, from the introduction of the chemicals to the end.
The analysis may focus on particular consequences of concern. AIChE provides the following example of •
a What-If question: "What if the raw material is the wrong concentration?" The team would then try to
determine how the process would respond: "If the'concentration of acid were doubled, the reaction could
not be controlled and a rapid exotherm would result." The team might then recommend steps to prevent
feeding wrong concentrations 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 a
larger team and longer meetings. AIChE/CCPS estimates that for a small or simple system a What-If
analysis will take 4 to 8 hours to prepare, 1 to 3 days to evaluate the process, and 1 to 2. days to document
the results. For larger or more complex processes, a What-If will take 1 to 3 days to prepare, 4 to 7 days to
evaluate, and 4 to 7 days to document.
WHAT-IF/CHECKLIST
A What-If/Checklist combines the creative, brainstorming aspects of the What-If with the
systematic 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 approach
that can fill in gaps in the brainstorming process. The technique is generally used to identify the most
common hazards that exist in a process. AIChE states that it is often the first PHA conducted on a process
with subsequent analyses using more detailed approaches. , • '
The 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 brainstorming 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 larger.
January 25, 1999 •
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Chapter 7
Prevention Program (Program 3) '_ 7-20
of more complex processes, a What-If/Checklist will take 1 to 3 days to prepare, 4 to 7 days to evaluate,
anjl1 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 interdisciplinary team and an experienced team leader.
J'ltVl ' ' '! ii;. ,'" B!|i J ' • "M J» nil, i . ' i /", • f " 1:1 ,M; •,, , ,M, ; " ,ii| ,ir ' . , ,, | .1 , • .1 "i
The purpose of a.HAZOP is to review a process or operation systematically to identify whether
process deviations could lead to undesirable consequences. AlChE states that the technique can be used
forcontinuous 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
anS 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.
till!.:1 , !' ' ' » " "' 'lii|l,ii'i''j|i|!|| • . , • ' i' ', . y ' • "• ' • . ' ' 'i,,F ',.:.','!' , , , ,,''.', !' , ,i , i ..ft!';' '!'! ' .,, •»| • ,,'i, ' , '• ';|" , '!, i , •' •. " , :|; •,.,;.,•
'FAILURE MODE AND EFFECTS ANALYSIS (FMEA)'"'' ' " ."";"
A Failure Mode and Effects 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 increasing equipment reliability. FMEA does
nq| examine, human" errors directly, but will consider the impact on equipment of human error. AIChE
stales 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 wpuld i|iclude 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 safeguards
Janutiy 25.1999 . '
'f if '
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Chapter 7
7-21 - Prevention Program (Program 3)
do not work, AIChE states that "more optimistic assumptions may be satisfactory as long as all equipment
failure modes are analyzed on the same basis." •
An 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. AIChE/CCPS 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.
FAULT TREE ANALYSIS (FTA)
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 faults
(malfunctions 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.
An FTA 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
FTAs need well trained and experienced analysts. Although a single analyst can develop a fault tree input
and review from others is needed F
AIChE/CCPS 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 '
results. For larger or more complex processes, an FTA will take 4 to 6 days to prepare, 2 to 3 weeks for
model constructions, 1 to 4 weeks to evaluate, and 3 to 5 weeks to document.
OTHER TECHNIQUES
The rule allows you to use other techniques if they are functionally equivalent. The AIChE
Guidelines includes descriptions of a number of other techniques including Preliminary Hazard Review
Cause-Consequence Analysis, Event Tree Analysis, and Human Reliability Analysis. You may also '
develop a hybrid technique that combines features of several techniques or apply more than one technique
January 25, 1999
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II I III 111 111
Chapter 7
Prevention Program (Program 3)
7-22
SELECTING A TECHNIQUE
Exhibit 74-1 is adapted from the AIChE Guidelines and indicates which techniques are
appropriate for particular phases in a process's design and operation.
;,• "-:"' ,;.' :1;;! ,.':. 'V:.. 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
S
/
/
/
^
/
/
What-If
S
/
/
^
/
/
/
S
s
What-If-
Checklist
/
V
s
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-If/Checklist, 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.
AlChE 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 experience
January 25.1999
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7-23
Chapter 7
Prevention Program (Program 3)
base, the less exhaustive techniques, such as a Checklist, can be used. When the opposite is true, the more
rigorous techniques are more appropriate. ,
A final factor in selecting a technique is time required for various techniques. Exhibit 7 A-2
summarizes AIChE's estimates of the time 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
and documentation steps.
v „ •
EXHIBIT7A-2
TIME AND STAFFING FOR PHA TECHNIQUES
Checklist
What-If
What-If
Checklist
HAZOP
FMEA
Simple/Small System
# Staff
Preparation
Modeling
Evaluation
Documentation
1-2
2-4 h
4-8 h
4-8 h
... 2-3
4-8, h
1-3 d
1-2 d
2-3
6-12 h
6-1 2 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
Large/Complex Process
# Staff
Preparation
Modeling
Evaluation
Documentation
1-2
1-3 d
3-5 d
2-4 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
l-3w
2-6 w
2-4
1-3 d
1-3 w
2-4 w
FTA
2.3
1-3 d
3-6 d
2-4 d
3-5 d
2-5
4-6 d
2-3 w
1-4 w
h- hours d = days (8 hours) w = weeks (40 hours)
January 25, 1999
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-------
CHAPTERS: 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 intendlto 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 responsevybu 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 ah emergency at your
facility. (You may want to briefly review the program design issues discussed in 8.2
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 the 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.
+ If you have a covered process with a regulated flammable, work with the local
fire department regarding a response to a potential release.
January 25, 1999
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Chapter 8
Emergency Response Program
8-2
What is "Response"?
EPA interprets "response" to be consistent with the definition of response specified under OSHA's '
HAZWOPER Standard. OSHA defines emergency response as "a response effort by employees from
outside the immediate release area or by other designated responders ... to an occurrence which results,
or is likely to result, in an uncontrolled release of a hazardous substance." The key factor here is that
responders are designated for such tasks by their employer. This definition excludes "responses to
incidental releases of hazardous substances where the substance can be absorbed, neutralized, or
otherwise controlled at the time of release by employees in the immediate release area, or by
maintenance personnel" as well as "responses to releases of hazardous substances where there is no
potential safety or health hazard (i.e., fire, explosion, or chemical exposure)." Thus, if you expect your
employees to take action to end a small leak (e.g., shutting a valve) or clean up a spill that does not
pose an immediate safety or health hazard, this action could be considered an incidental response and
you would not need to develop an emergency response program if your employees are limited to such
activities.
However, due to the nature of the regulated substances subject to EPA's rule, only the most minor
incidents would be included in this exception. In general, most activities will qualify as a response due
to the immediacy of the dispersion of a toxic plume or spread of a fire, the volatilization of a spill, and
the threat to people on and off site. As a result, if you will have your employees involved in any
substantial way in responding to releases, you will need to develop an emergency response program.
Your emergency response procedures need only apply to "response" actions; other activities will be
described in your maintenance and operating procedures.
Although you do not need to describe these activities in your risk management plan, to
dpcurneiit your efforts you should keep a record of:
ft" The emergency contact (i.e., name or organization and number) that you will
call for a toxic or flammable release, and
+ The organization that you worked with on response procedures.
The remainder;o|this; chapter is applicable only to those facilities which will conduct
a more extensive level of response operations. As noted above, you may want to
||VWW &§;ne?^ sectionkef°re making a decision on whether the facility willtake
responsibility for conducting any response activities.
8.2 ELEMENTS OF AN EMERGENCY RESPONSE PROGRAM (§ 68.95)
If you will respond to releases of regulated substances with your own employees, your
emergency response program must consist of the following elements:
•f An emergency response plan (maintained at the facility) that includes:
Januto-25.1999
-------
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 (EPCRAJ 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:
4- Collect information from facilities on hazardous substances that pose a risk to the
community; .
4- Develop a contingency plan for the community based on this information; and
4- 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
yourLEPC.
> Procedures for informing the public and emergency response agencies
about releases, '
> Documentation of proper first aid and emergency medical treatment
necessary to treat human exposures, and
> Procedures and measures for emergency response.
4- Procedures for using, inspecting, testing, and maintaining your emergency
response equipment;
4- Training for air employees in relevant procedures; and
4- 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.
January 25, 1999
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Chapter 8
Emergency Response Program 8-4
Although EPA'S required elements are essential to any emergency response program,
|h?y arenot 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
1910.38). Under OSHA HAZWOPER, any facility that handles "hazardous
!ul>stances" (a broad term that includes all of the CAA regulated substances and thus
applies to all facilities with covered processes) must comply with either 29 CFR
!?lp.38(a) or 1910.119(q). If you have a hazmat team, you are subject to the 29 CFR
!910-119(q) requirements. If you determine that the emergency response programs
lou,have develoPed to comPIv with these other rules satisfy the elements listed at the
ke?mnin? of **?. section> you wil1 not have to do anything additional to comply with
these elements. Additional guidance on making this decision is provided in section
8.5 of this chapter.
In addition, be careful not to confuse writing a set of emergency response procedures
in a plan with developing an emergency response program. An emergency response
pIa^K0"!y °ne5!Pm?nt °l.^ integrated effort that makes an emergency response
program. Although the plan outlines the actions and equipment necessary to respond
effe^vc;1y? E^mnS- Program evaluation, equipment maintenance, and coordination
with 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 quickly and effectively to any
emergency, the documents listed in Exhibit 8-1 may be helpful in developing
specific elements of your emergency response program.
Finally, remember that under the General Duty Clause of CAA section 112(r)( 1) you
Ee responsible for ensuring that any release from your processes can be handled
effectively. If you plan to rely on local responders for some or all of the response, you
Eust determine that those responders have both the equipment and training needed to
doso- If they do not, you must take steps to meet any needs, either by developing
y°^own resP°nse capabilities, developing mutual aid agreements with other
facilities, hiring response contractors, or providing support to local responders so they
c,an acquire equipment or training.
RELATIQNSHIP TO HAZWOPER ,, , .. ,, ' ,
If you choose to establish and maintain onsite emergency response capabilities, then
y°u yf!,1,1 b^!ubJeclto me detailed provisions of the OSHA or EPA HAZWOPER
Standard. HAZWOPER covers preparing an emergency response plan, employee
training, medical monitoring of employees, recordkeeping, and other issues. Call your
state or federal district OSHA office (see the list in Appendix D) for more information
on complying with the HAZWOPER Standard.
January 25.1999
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8-5
Chapter 8
Emergency Response Program
Exhibit 8r1
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..
North American,Emergency Response Guidebook (NAERG96), U.S. Department of Transportation,
1996. This guidebook lists over 1,000 hazardous materials and provides informatipn 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.
Qs & As
Emergency Response and Warehouses
Q. Does the emergency response program apply to specific covered processes?
A. 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.
Q. My customers control emergency response for their.stored materials. How-do I reflect that in my
response program?
A. Your emergency response plan should outline who is responsible for handling responses and
provide contact numbers for customers who will handle responses at your warehouse. You should be
sure that your local responders understand how you and your customers coordinate responses.
January 25, 1999
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Chapter 8
Emergency Response Program 'g-6
8.3 DEVELOPING AN EMERGENCY RESPONSE PROGRAM
,1!'!,!!!'!',,; j ; i i i;i| i lij!'11!*!' „ i, "i,; ,,' i, iiii1 111 ' * , ", (I .|< i'.ii ,'"' .il , ,i. *' ,i if"1' • '! 'i, '• "t ,„ '•, , „ " ,,i,,i ', "!' ,ii,|i",; H!'!" '''I1 f ,i ':i|Kii V" , ' ,'''' i '',"!" ' ,•*• , ' , > /j, i
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 a bei subject to OSHA
* I?A"^WOPER. A?,a result, you are likely to fall into one of two groups:
"*" y°u have alreadv met several federal requirements for emergency planning
and are •interested in developing an integrated program to minimize
duplication (section 8.4).
"*" 7OU §aYe,a Pre-existing emergency response program (perhaps based on an
internal policy decision) and need to determine what additional activities you
will need to conduct (section 8.5).
STEPS F0R 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
•v w,ilj allow you to conduct the rest of the process more efficiently.
form an emer?ency response program team. The team should consist of
e,mPloyees witn varying degrees of emergency response responsibilities, as well as
personnel with expertise from each functional area of your facility. You should
^n?ider including persons from the following departments or areas:
+ Maintenance;
+ Operations or line personnel;
•*• Upper and line management;
+ Legal;
•*• Fire and hazmat response;
+ Environmental, health, and safety affairs;
i Training;
4- Security;
+ EPCRA section 302 emergency coordinator (if one exists);
+ Publ'c relations; and
•*• Personnel.
PJ course, the membership of the team will need to be more or less extensive
depending on the scope of the emergency response program. A three-member team
tf*y be appropriate for a small facility with a couple of process operators cross-trained
as fire responders, while a facility with its own hazmat team and environmental affairs
department may need a dozen representatives.
Collect relevant facility documents. Members of the development team should
collect and review all of the following:
+ Existing emergency response plans and procedures;
+ Submissions to the LEPC under EPCRA sections 302 and 3Q3;
January 25.1999
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Chapter 8
Emergency Response Program
4- Hazard evaluation and release modeling information;
4- Hazard communication and emergency 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:
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). ' . x -
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 CFR part 112.7(d) and 112.20-.21;
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 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)
as: ,
4- In place and sufficient to meet the requirements of part 68;
4- In 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
January 25, 1999
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Chapter 8
Emergency Response Program 8-8
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
whejJier you are already in compliance.
I | '„ ' , •! ' i| n | ;,„ ' ,,»i'l "•,,,', ' ,' I,1!, ,,•',, • , u " . " ,, ,'! ;' /ih; ' , ' • , • , , • ''i ,.•',, ,.,:„ .I,1 ,'„ ; ;,;
Take additional actions as necessary.
TAILORING YOUR PROGRAM TO YOUR HAZARDS
If your processes and chemicals pose a variety of hazards, it may be necessary to tailor
some elements of, your emergency response program to these specific hazards. Unless
each part of your program element is appropriate to the release scenarios that may
occur, your emergency response program cannot be fully effective: Your program
should include core elements that 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:
•f- Identify and characterize the hazards for each covered process. The process
hazards analysis (see Chapter 7) or hazard review (see Chapter 6), and offsite
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. In making this determination, you should
consider your susceptibility to:
> Fires, spills, and vapor releases;
> Floods, temperature extremes, tornadoes, earthquakes, and
hurricanes;
> Lpss of utilities, including power failures; and
> Train derailments, bomb threats, and other man-made disasters.
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Chapter 8
8-9 Emergency Response Program
8.4 INTEGRATION OF EXISTING PROGRAMS
i
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 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.
8.5 HAVE I MET PART 68 REQUIREMENTS?
•> f ••
EPA believes that the creation of multiple response plans to meet slightly different
federal or state standards is counterproductive, diverting resources that could be used
to develop better response capabilities. Therefore, as part of the overall 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
provisions mandated by Congress, as described in Section 8.2.
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 OSHA HAZWOPER rule (29 CFR 1910.120) will likely meet
the requirements for the emergency response plan (and most of the requirements for
the 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 on the next page.
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Emergency Response Program 8-10
Keep in mind: At a minimum, your plan must describe:
^ Ypur 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, themeans by; which[they will be contacted^ the time
frame for notification, and the information that will be provided.
"SiliiS1 :•'< 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 mpst important issues in an emergency response program is deciding which
resp6nse 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
gubstances from all cpyered processes and must cover:
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: . • ' Chapters
8-11 Emergency Response Program
+ What offsite response assistance you will require for potential release
scenarios, including fire-fighting, security, and notification of the public;
+ How you will request offsite response assistance; and
+ Who will be in charge of the response operation and how will authority be
delegated down the internal and offsite chain of command.
Coordination equivalent to that required for planning for extremely hazardous
, . substances under EPCRA sections 302-303 will be considered sufficient to meet this
requirement. A more detailed discussion of this element is provided in 8.6.
EMERGENCY EQUIPMENT
If you already have written procedures for using and maintaining your emergency .
response equipment, you do not need to write new procedures.
Keep in mind: Your procedures must apply to any emergency equipment relevant to a
response involving a covered process, including all detection and monitoring
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:
+ How and when to use the equipment properly;
+ How and when the equipment should receive routine maintenance; and
4- How and when the equipment should be inspected and tested for readiness. *
Written procedures comparable to those necessary for process-related equipment
under the OSHA PSM Standard and EPA's Program 2 and 3 Prevention Programs will
be considered sufficient to meet this requirement.
EMPLOYEE TRAINING -
If you already train your employees in how to respond to (or evacuate from) releases
of regulated substances, then you do not need a new training program.
Keep in mind: Your training must address the actions to take in response to releases
of regulated substances from all covered processes. The training should be based
directly on the procedures that you have included in your emergency response plan
and must be given to all employees and contractors on site. Individuals should receive
training appropriate to their responsibilities: ,
+ If they will only need to evacuate, then their training should cover when and
how to evacuate their location.
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Chapters
Emergency Response Program 8-12
4- If they may need to activate an alarm system in response to a release event,
then their training should cover the location of the alarms and when and how
to use the alarm system.
+ If they will serve on an emergency response team, then their training should
cover the location of all emergency equipment, how to use it, 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.
' • ' ' ' ', '''I '• j ' '!' ' , ..... .;r ''„":. < ' '' ':"' ' , '' ' " l!, „" '';., i' 1J!1"1! •"' , ,„ ,'" ,i '•' • ," •' •' " ; H • ", - ; •
RESPONSE PLAN, EVALUATION , ,, , ''. 'V,,.-, '. _ ,',' , J, '..,_', .',
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.
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
' ii;:;: (§68.95(c)) ....... ' "' .'."""" '..'"'•" " '. : "•"'-^m'"- ' "" '"' ' ......... " ' ' ..... ; "
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
1 •* ' ' , ' '
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 me individual most familiar with your emergent
person designated as having overall responsibility for this program in your
rnanagement system — see Chapter 5).
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Chapters
8-13 Emergency Response Program
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 LEPG 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 emergency, reducing
expenditures of time and money, as well as helping eliminate redundant efforts. •
You should consider providing the LEPC with draft versions of any emergency
response program elements related to local emergency planning efforts. This
submission can initiate a dialogue with the community on potential program
improvements and lead to coordinated training and exercise efforts. In return, your
LEPC can support your emergency response program by providing information from
its own emergency planning efforts, including:
+ Data on wind direction and weather conditions, or access to local
meteorological data, to help you make decisions related to the evacuation of
employees and public alert notification;
+ • Lists of emergency response training programs available in the area for
training police, medical, and fire department personnel, to help you identify
what training is already available;
4- Schedules of emergency exercises designed to test the community response
plan to spur coordinated community-facility exercises;
+ Lists of emergency response resources available from both public and private
sources to help you determine whether and how a mutual aid agreement could
support your program; and
+ Details on incident command structure, emergency points of contact,
availability of emergency medical services, and public alert and notification
systems.
Upon completion of your emergency response plan, you should coordinate with the
LEPC, local response organizations, local hospitals, and other response organizations
(e.g., state hazmat team) and offer them a copy of the plan. In some instances, only a
portion of the plan may be of use to individuals or organizations; in such cases, you
should consider making only that portion of the plan available. For instance, it may be
appropriate to send a hospital only the sections of your plan that address emergency
medical procedures and decontamination.
You may also want to provide your LEPC and local response entities with a
description of your emergency response program elements, as well as any important
subsequent amendments or updates, to ensure that the community is aware of the
scope of your facility response efforts prior to an emergency. Although the summary
of your emergency response program will be publicly available as part of your RMP,
this information may not be as up-to-date or as comprehensive.' Remember, the LEPC
January 25, 1999
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Chapters
Emergency Response Program
8-14
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.
Janiury25,1999
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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 is developing an electronic submission program for your
use. If you cannot submit electronically, you may request a hardship waiver and
submit your RMP oh 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 in 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 from http://www.epa.gov/ceppo and from the EPCRA hotline (see Appendix
E for contact information). ,
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;1 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 flarnmables (§ 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 in Program 2 or 3 must also include in
its RMP:
4- At least one alternative release scenario for each regulated toxic substance in
Progjam 2 or 3 processes and at least one alternative release scenario to cover
all regulated flarnmables in Program 2 or 3 processes (§ 68.165(b));
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9-2
"""*+ A summary of the prevention program for each Program 2 process (§ 68.170);
...-i . . _;iii, and . ' ' ,. . ',
4- A summary of the prevention program for each Program 3 process (§ 68.175).
Subpart G of part 68 (see Appendix A) provides more detail on the data required for
each of the elements. The actual RMP form, however, contains more detailed
guidance to make it possible to limit the number of text entries. For example, the rule
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. The
RMP provides a list of options for you to check for these elements. Except for the
executive summary, the RMP consists primarily of yes/no answers, numerical
information (e.g., dates, quantities, distances), and a few text answers (e.g., names,
addresses, chemical identity). Where possible, RMP*Submit™ provides "pick lists"
to help you complete the form. For example, RMP*Submit™ provides a list of
regulated substances and automatically Ms in the CAS numbers when you select a
"..'Substance. ' ' . i
I'ihiilli! ! i III" , , ,' , ' , '„ , ' ,i, " '' ' ' ' , ' " „, ' ' , , • ' !'_'". 'i ,„', i , . ' ,,^"1 i|i|, ' ".'j ' , '„„ • ,i" ,'N „, i ,'• . . ,'|.' ,,/:, ',;,„'
pPA has provided instrucdons for each of the data elements to be reported in the RMP
with RMP*Submit™. The instructipns explain each data element and help you
understand what acceptable data are for each. The instructions are posted on EPA's
web site at http://www.epa.gov/ceppo and are available from the EPCRA hotline (see
Appendix E for contact information).
9.2 RMP SUBMISSION
ELECTRONIC SUBMISSION
EPA has made RMP*Submit™ available to complete and file your RMP.
'•^•Rl^*Subn^t™ does toe. fpliowing:
'""+ Provides a user-friendly, PC-based RMP Submission System available on
diskettes and via toe Internet;
ft- Uses a standards-based, open systems architecture so private companies can
create compatible software; and
+ 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.
RMPs will be submitted to an EPA RMP Record Center on disk.
January 25,1999
111 111 I II Illllllll I III I I I Hill
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Chapter 9
9-3 • : Risk Management Plan
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.
9.3 ISSUES PERTAINING TO SUBMISSIONS OF AND ACCESS TO CONFIDENTIAL
BUSINESS INFORMATION (CBI) AND TRADE SECRETS
WHAT SHOULD I Do ABOUT CONFIDENTIAL BUSINESS INFORMATION (CBI)?
Under CAA section 114(c) and 40 CFR part 2, you may claim information included 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 criteria
generally require that the data be commercial or financial, that they not be available to
the public through other means, that you take appropriate steps to prevent disclosure,
and that disclosure of the data would be likely to cause substantial harm to your
competitive position. Review of any CBI claims will be handled as provided for in 40
CFR part 2. However, certain RMP data elements are not claimable as CBI because
they do not convey any business-sensitive information. EPA has developed specific
procedures for submission of CBI claims for RMPs. See the January 6, 1999, final
rule at the end of Appendix A for details on the CBI requirements.
9.4 RESUBMISSION AND UPDATES (§68.190)
When you are required to update and resubmit your RMP is based on whether and
what changes occur at your facility. Please refer to the Exhibit 9-1 and note that you
are required to update and resubmit your RMP on the earliest of the dates that apply
to your facility: '
WHEN DOES THE OFFSITE CONSEQUENCE ANALYSIS (OCA) NEED TO BE REVISED?
You'll need to revise your OCA when a change at your facility results in the distance
to an endpoint from a worst-case release rising or falling by at least a factor of two.
For example, if you increase your inventory substantially or install passive mitigation
to limit the potential release rate, you should re-estimate the distance at an endpoint.
If the distance is at least doubled or halved, you must revise the RMP. For most
substances, the quantity that would be released would have to increase (decrease) by
more than a factor of five to double (half) the distance to an endpoint.
CAN I FILE PREDIQTIVELY?
Predictive filing is an option that allows you to submit an RMP that includes regulated
substances that may not be held at the facility at the time of submission. This option
is intended to assist chemical warehouses and other facilities whose operations involve
highly variable types and quantities of regulated substances,
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Chapter 9
Risk Management Plan
9-4
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
but who are able to forecast their inventory with some degree of accuracy. Under
§ 68.190, you are required to update and re-submit your RMP no later than the date on
which a new regulated substance is first present in a covered process above a
threshold quantity. By using predictive filing, you will not be required to update and
re-submit your RMP when you receive a new regulated substance if that substance
was included in your latest RMP submission (as long as you receive it in a quantity
that does not trigger a revised offsite consequence analysis as provided in § 68.36).
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
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 this
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. Applying predictive
filing to warehouses is described in more detail in Chapter 1, section 1.8.
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9-5
Chapter 9
Risk Management Plan
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. RMP*Submit will create this letter for you.
Q&A
"REVISING" A PHA
Q. The rule states that I have to update my RMP whenever I revise a PHA. What constitutes a
revised PHA? Every time I go through management of change procedures I make a notation in the
PHA 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 'revision1 of the PHA under the part 68. Major changes that invalidate' 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.
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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?
Lfnder 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,
subpartE. 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 Appendix
C 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 also plans to propose, in revisions to part 63, that authority to
' revise Subpart G (relating to RMPs) will not be delegated. With respect to RMPs, you
would continue to be required to file your part 68 RMP, in the form and manner
specified by EPA, to the central location EPA designates. 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
may be more stringent than part 68. This document does not cover state
requirements.
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': III! illlliW HiiW ..... PIIHS, 1 !% It illiilBft! 11NI! ........ i' Vllll W^ ..... 4N1IM^ ...... I i" Ail ' ' "si I,!!1 !
ill lii .;'[ ..... ,i ..... i ' I ''i ;: "•. ffifi.f v- ", ,.">!•; rjiiiii',!1'1 / 'Si'iiii' '!':' ";!,,,,,' 'iV'" 'ikvN'Kjfr " i|l! i T >" .'S'i!rt:'!" •• <•">,,• "\ ...... : i|:l.v'|ir: "^""If11':,1 [.•' *: jB&VY' ' ^-^iv.''.'.!.''.'/"!)/' .viri i , J :M J/iii
Chapter 10
Implementation
10-2
Qs & As
DELEGATION
Q. What states have been granted delegation or are in the process of seeking delegation?
A. Georgia has been granted delegation. The following states have indicated that they are interested
in delegation:
California Delaware Florida Hawaii Louisiana Mississippi
Missouri New Jersey Nevada North Carolina Ohio Rhode Island
South Carolina
Check with your EPA Regional contacts (see Appendix C) for a current list of states granted or seeking
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)
Jhe 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 they 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
.-automatically by flagging RMPs submitted without necessary data elements
"r, ' ' ' " ."completed.
Facilities may be selected for audits based on any of the following criteria, set out in
§68.220:
+ Accident history of the facility
4- Accident history of other facilities in the same industry
+ Quantity of regulated substances handled at the site
4- Location of the facility and its proximity to public and environmental
receptors
Janniiy25.1999
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Chapter 10
10-3' - Implementation
+ The presence of specific regulated substances
+ The hazards identified in the RMP
+ 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 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 their
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
January 25, 1999
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Chapter 10
Implementation 10-4
of the risk management program) and the size of the facility, inspections may take
several hours to several weeks.
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:
+ List part 68 as an applicable requirement in your permit
4- Include conditions that require you to either submit a compliance schedule for
meeting the requirements of part 68 by the applicable deadlines or include
cbmpHance wim part 68 as part of your certification statement.
You must also provide the permitting agency with any other relevant information it
requests.
The RMP and supporting documentation are not part of the permit and should not be
submitted to the permitting authority. The permitting authority is only required to
ensure that you Have submitted the RMP and that it is complete. The permitting
authority may delegate this review of the RMP to other agencies.
If you have a Title V permit and it does not address the part 68 requirement, you
should contact your permitting authority 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 $27,500 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.
Jinuiry25,1999
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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. "
f . ' .
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 deterrriine 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.
January 25,1999
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"I1.,;1,,1- V •". I.., .. ill '• '. flllHS'l
-------
Appendix A
40 CFR part 68
-------
HlDIi iwi.,1 ,'
'.JjiJlil [."
i!1: N "''i
Pt. 67, App. A
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.
154 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.
154 FR 25259. June 20. 1989]
....... , APPJNDIX C TO PART 67— COMPUTER ,
' '''' ' ' .......
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] [
,'•»' -, ;: i:i!,iii)iiii ..... '',";; ........... ,/j • :;:"!•<•', i ......... in "; i'i> •'.,.'•. ;,-
PART 68— CHEMICAL ACCIDENT
PREVENTION PROVISIONS
Subpart A— General
Sec.
68,1 Scope.
68,2 Stayed provisions.
68,3 definitions.
68.10 Applicability.
68.12 General requirements.
68,15 Management.
Subpart B — Hazard Assessment
68.20 Applicability.
68.22 Offsite consequence analysis param-
'"' eters! ................. ...............................
'. 68,23 , Worst-case release scenarip analysis.
68.28 Alternative release scenario analysis.
6^.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.
40 CFR Ch. I (7-1-98 Edition)
68.54 Training.
68.56 Maintenance.
68.58 Compliance audits.
68.60 Incident investigation.
Subpart b—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.
68.155 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
ENDpqiNTS
AUTHORITY: 42 U.S.C. 7412(r). 7601 (a) (1),
7661-766lf;
SOURCE: 59 FR 4493, Jan. 31, 1994, unless
otherwise noted.
36
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Environmental Protection Agency
§68.2
Subpart A—General
§68.1 Scope.
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
under section 112 (r) (1).
§ 68.2 Stayed provisions.
•(a) Notwithstanding any other provi-
sion of this part, the' effectiveness of
the following provisions is stayed from,
March 2, 1994 to December 22, 1997.
(1) In Sec. 68.3, the definition of "sta-
tipnary 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-
lated flammable substance:
(i) Gasoline, when in distribution or
related storage for use as fuel for inter-
nal combustion engines;
(ii) Naturally occurring hydrocarbon
mixtures prior to entry into a petro-
leum refining process unit or a natural
gas processing plant. Naturally occur-
ring hydrocarbon mixtures include any
of the following: 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
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, National Fire Pro-
tection Association, Quincy, MA, 1990,
available from the National Fire Pro-
tection Association, 1 Batterymarch
Park, Quincy, MA 02269-9101; and .,
(3) Section 68.130(a).
(b) 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 fneans 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 follow-
ing: 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 hydrocfacking, 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
37
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§68.3
separated from oil or natural gas after
extraction.
[59 FR 4493. Jan. 31, 1994, as amended at 61
FR 31731. June 20. 1996]
§68.3 Definitions.
For the purposes of this part:
Accidental release means an unantici-
pated emission of a regulated sub-
stanceof other extremely hazardous
substance into the ambient air frprn 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-
stituteof Chemical Engineers/Center
for Chemiqal Process Safety.
API means the American Petroleum
Institute.
Articlei means a manufactured item,
as defined under 29 CFR 19i6.120"0(p),
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,
40 CFR Ch. I (7-1-98 Edition)
pressure, or both, and remains liquid at
standard conditions.
Covered process means a process that
has a regulated substance present in
rnpr.e 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
§68.2l5(d) .
DOT means the United States De-
partmentof 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
releases or from the direct con-
sequences 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
38
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Environmental Proteetipn Agency
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 and accidental re-
' leases.
Medical treatment means treatment,
other than first aid, administered by a
physician or registered professional
personnel under standing orders from a
physician. '
Mitigation or mitigation system means
specific activities, technologies, or
equipment designed or deployed to cap-
ture or control substances upon loss of
containment to minimize exposure of
the public or the_environment. Passive
mitigation means equipment, devices,
or technologies that function without
human, mechanical, or other energy
input. Active mitigation means equip-
ment, devices, or technologies that
need human, mechanical, or other en-
ergy input to function.
NFPA means the National Fire Pro-
tection Association.
Natural gas processing plant (gas plant)
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,
and areas within the property bound-
ary to which the public has routine and
unrestricted access during or outside
business hours.
OSHA means the U.S. 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
§68.3
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 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:station-
ary source. .
'Public receptor means offsite resi-
dences, institutions (e.g., schools, hos-
pitals), industrial, commercial, and of-
fice buildings, parks, or recreational
areas inhabited or occupied by the pub-
lic at any time without restriction by
the stationary source where members
, of the public could be exposed to toxic
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.
39
-------
§68.10
40 CFR Ch.'l (7-1-98 Edition)
SIC means Standard Industrial Clas-
sification.
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,
vyhich are under the control, of the
same person (or persons under common
control), and from which an accidental
release may occur. The term station-
ary source does not apply to transpor-
tation,including storage incident to
transportation, of any regulated sub-
stance or any other extremely hazard-
ous substance under the provisions of
this part. A stationary source includes
transportation containers used for
storage not incident to transportation
and transportation containers con-
nected'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
hazardgus 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).
159 FR 4493. Jan. 31. 1994. as amended at 61
FR 31717. June 20, 1996: 63 FR 644, Jan. 6. 1998]
§68.10 Applicability.
(a) An owner or operator of a station-
ary 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.
(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 follow-
ing conditions is met:
40
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Environmental Protection Agency
(1) The process is in SIC code 2611,
2812, 2819, 2821, 2865, 2869, 2873, 2879, or
2911; 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.
(f) The provisions of this part shall
not apply to an Outer Continental
Shelf ("OCS") source, as defined in 40
CFR 55.2.
[61 FR 31717, June 20, 1996, as amended at 63
FR 645, Jan. 6, 1998]
§68.12 General requirements.
(a) General requirements. The owner
or operator of a stationary source sub-
ject to this part shall submit a single
RMP, as provided in §§68.150 to 68.185.
The RMP shall include a registration
that reflects all covered processes.
(b) Program 1 .requirements. In addi-
tion to meeting the requirements of
paragraph (a) of this section, the owner
or operator of a stationary source with
a process eligible for Program 1, as pro-
vided in §68.10(b), shall:
(1) Analyze the worst-case release
' scenario for the process(es), as provided
in .§68.25; document that the nearest
public receptor is beyond the distance
to a toxic or flammable endpoint de-
fined in §68.22(a); and submit in the
RMP the worst-case release scenario as
provided in §68.165;
(2) Complete the five-year accident
history for the process as prpvided in
§68.42 of this part and submit it in the
RMP as provided in §68.168;
(3) Ensure that response actions have
been coordinated with local emergency
planning and response agencies; and
(4) Certify in the RMP the following:
"Based on the criteria in'40 CFR 68.10,
the distance to the specified endpoint
for 'the worst-case accidental release
scenario for the following process(es) is
less than the distance to the nearest
public receptor: [list process (es)]. With-
in the past five years, the process(es)
has (have) had no accidental release
that caused offsite impacts provided in
the risk management program rule (40
§68.12
CFR 68.10(b)(l)). No additional meas-
ures are necessary to prevent offsite
impacts from accidental releases. In
the event of fire, explosion, or a release
of a regulated substance from the proc-
ess (es), entry within the distance to
the specified endpoints may pose a dan-
ger to public emergency responders.
Therefore, public emergency respond-
ers should not enter this area except as
arranged with the emergency contact
indicated in the RMP. The undersigned
certifies that, to the best of my knowl-
edge, information, and belief, formed
after reasonable inquiry, the informa-
tion submitted is true, accurate, and
complete. [Signature, title, date
signed]."
(c) Program 2 requirements. In addi-
tion to meeting the requirements of
paragraph (a) of this section, the owner
or operator of a stationary source'with
a process subject to Program 2, as pro-
vided in § 68.10(c), 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 Program 2 preven-
tion steps provided in §§68.48 through
68.60 or implement the Program 3 pre-
vention steps provided in §§68.65
through 68.87; '
(4) Develop and implement an emer-
gency response program as provided in
§§68.90 to 68.95; and
(5) Submit as part of the RMP the
data on prevention program elements
for Program 2 processes as provided in
§68.170.
(d) Program 3 requirements. In addi-
tion to meeting the requirements of
paragraph (a) of this section, the owner
or operator of a stationary source with
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'
41
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;§68.151 ., ,' ', , ,' '..'..'
for Program 3 processes as provided in
§68.175.
(61 FR 31718, June 207,1996} " "f ' "' | ^ '] | u
§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-
mentedand the lines of authority de-
fined through an organization chart or
similar document.
[61 FR 31718. June 20. 1996]
Subpart B—Hazard Assessment
SOURCE: 61 FR 31718. June 20, 1996, unless
otherwise noted.
.§68.20 Applicability.
The owner or operator of a station-
ary source subject to this part shall
prepare a worst-case release scenario
analysis as provided in §68.25 of this
part and complete the five-year acci-
dent history as provided in §68.42. The
owner or operator of a Program 2 and 3
process must comply with all sections
in this subpart for these processes.
§68.22 Offsite 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-
riafips"stu3ie'3:
(i) Explosion. An overpressure of 1
psi.
(ii) Radiant heat/exposure time. A ra-
diant heat of 5 kw/m2 for 40 seconds.
40 CFR Ch. I (7-1-98 Edition)
(iii) Lower flammability 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 analy-
sis, 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.
(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 toxic sub-
stances appropriately account for gas
density.
42
1M^^^ li,.^^^^ IIM^ iiiilM^^^^
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Environmental Protection Agency
(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 tern-,
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.
§68.25 Worst-case release scenario
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
Program 1 process;
(2) For Program 2 and 3 processes:
(i) One worst-case release scenario
that is estimated to create the'greatest
.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
from covered processes under worst-
case conditions defined in §68.22;
(ii) One worst-case release scenario
that is estimated to create the greatest
distance in any direction to an end-
point defined in §68.22(a) resulting from
an accidental release of regulated flam-
mable substances from covered proc-
esses under worst-case conditions de-
fined in §68.22; and
(iii) Additional' worst-case release
scenarios for a hazard class if a worst-
case release from another covered,proc-
ess at the stationary source potentially
affects public receptors different from
those potentially affected by the worst-
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 follow-
ing:
(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-
. §68.25
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 place.
(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;
(ii) 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.
(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
43
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§68.28
40 CFR Ch. I (7-1-98 Edition)
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
pf the liquid pool. The owner or opera-
tor 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 .mpdpling condi-
tions may be used provided the owner
of 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—
flammables.. The owner or operator shall
gugu'.mi«i,.£n'^£ j.^ quantity of the sub-
stance, as determined under paragraph
(b) of this section, vaporizes resulting
in a vapor cloud explosion. A yield fac-
tor of iO percent of the available en-
ergy released in the explosion shall be
used to... determine ...the. distance, to the
explosion endpoint if the model used is
based on TNT-equivalent methods.
(f) Parameters to be applied. The owner
or operator shall use the parameters
defined in §68.22 to determine distance
to the endpoints. The owner or opera-
tor may use the methodology provided
in the RMP Offsite Consequence Analy-
sis Guidance or any commercially or
publicly available air dispersion model-
ing techniques, provided the techniques
account for the modeling conditions
and are recognized by industry as ap-
plicable 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.
(g) Consideration of passive mitigation.
Passive mitigation systems may be
considered for the analysis of worst
case provided that the mitigation sys-
tem is capable of withstanding the re-
lease event triggering the scenario and
would still function as intended.
(h) 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-
nario 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
stationary source.
§68.28 Alternative release scenario
analysis.
(a) The number of scenarios. The
owner or operator shall identify and
analyze at least one alternative release
scenario for each regulated toxic sub-
stance held in a covered process(es) and
at least one alternative release sce-
nario to represent all flammable sub-
stances held in coyered processes.
(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
and valve seals, and drains or bleeds;
(iii) 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
44
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Environmental Protection Agency
§68.39
(v) Shipping container mishandling
and breakage or puncturing leading to
a spill:
(c) Parameters. to be applied. The
owner or operator shall use the 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 practice,s.
Proprietary models that account for
the modeling conditions may be used '
provided the owner or operator allows
the implementing agency access to the
mpdel-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
(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 oh any data source
containing U.S.GJS. 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
45
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§68.42 ,| ^ '
be released. Documentation shall in-
clude the effect of the controls and
mitigation on the release quantity and
'rate. "3 ' ^ '" ' ' ," " \ .' ' " m[ '
(c) Documentation of estimated
quantity released, release rate, and du-
£atipn of release.
(d) Methodology used to determine
distance to endpoints.
(e) Bata used to estimate population
Shd 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) Oate, time, and approximate dura-
tion of the release;
(2) Chemical(s) released;
(3) Estimated quantity released in
pounds;
(4) The type of release event'-and its
source;
(5) Weather conditions, if known;
(6) On-site impacts;
(7) Known offsite impacts;
(8) Initiating event and contributing
factors ifiiknpwn;ii
(9J Whether offsite responders were
notified if known; and
(10) Operational or process changes
that resulted from investigation of the
release.
(c) Level of accuracy. Numerical esti-
mates may be provided to two signifi-
cant digits.
Subpart C—Program 2 Prevention
Program
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
40 CFRCh. I (7-1-98 Edition)
regulated substances, processes, and
equipment:
(1) Material Safety Data Sheets that
meet the requirements of 29 CFR
1910.1200(g);
(2) Maximum intended inventory of
equipment in which the regulated sub-
stances are stored or processed;
(3) Safe upper and lower tempera-
tures, pressures, flows,, and composi-
tions;
(4) Equipment specifications; and
(5) 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
this paragraph.
(c) The owner or operator shall up-
date the safety information if a major
change occurs that makes the informa-
tion inaccurate.
§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
process and regulated 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.
46
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Environmental Protection Agency
§68.56
(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 operat-
ing procedures.
(b) The procedures shall address the
following:
(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 station-
ary source maintenance procedures.
(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.
47
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§68.58
40 CFR Ch. I (7-1-98 Edition)
(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 ver-
ify that the procedures and practices
developed under the rule are adequate
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
appropriate response to each of the
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. This requirement does
not apply to any compliance audit re-
port that is more than five years old.
§68.60 Incident investigation.
(a) The owner or operator shall inves-
tigateeach incident which resulted in,
or could reasonably have resulted in a
catastrophic release.
(b) An incident investigation shall be
initiated as promptly as possible, but
not later than 48 hours following the
incident.
(c) A summary 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.
(d) The owner or operator shall
promptly address and resolve the inves-
tigation findings and recommenda-
tions. Resolutions and corrective ac-
tions shall be documented.
(e) The findings shall be reviewed
with all affected personnel whose job
tasks are affected by the findings.
(f) Investigation summaries shall be
retained for five years.
Subpart D—Program 3 Prevention
Program
SOURCE: 61 FR 31722, June 20, 1996. unless
otherwise noted.
§68.65 Process safety information.
(a) In accordance with the schedule
set forth in §68.67, the owner or opera-
tor shall complete a compilation of
written process safety information be-
fore conducting any process hazard
analysis required by the rule. The com-
pilation of written process safety infor-
mation is to enable the owner or opera^
tor and the employees involved in oper-
ating the process to identify and under-
stand the hazards posed by those proc-
esses involving regulated substances.
This process safety information shall
include information pertaining to the
hazards of the regulated substances
used or produced by the process, infor-
mation pertaining to the technology of
the process, and information pertain-
ing to the equipment in the process.
(b) Information pertaining to the
hazards of the regulated substances in
the process. This information shall
consist of at least the following:
(1) Toxicity information;
(2) Permissible exposure limits;
(3) Physical data;
(4) Reactivity data:
(5) Corrosivity data;
(6) Thermal and chemical stability
data; and
(7) Hazardous effects of inadvertent
mixing of different materials that
could foreseeably occur.
NOTE TO PARAGRAPH (b): Material Safety
Data Sheets meeting the requirements of 29
CFR 1910.1200(g) may be used to comply with
this requirement to the extent they contain
the information required by this subpara-
graph.
(c) Information pertaining to the
technology of the process.
48
nil ii ii i in i mil in in in in i ill 11 iiiiiii
I i i i i iiiii|i|i ill in ii
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Environmental Protection Agency
(1) Information concerning the tech-
nology of the process shall include at
least the following:
(i) A block flow diagram or simplified
process flow diagram;
(ii) Process chemistry;
(iii) Maximum intended inventory;
(iv) Safe upper and lower limits for
such items as temperatures, pressures,
flows or compositions; and,
. (v) An evaluation of the consequences
of deviations.
(2) Where the • original technical in-
formation no longer exists, such infor-
mation may be developed in conjunc-
tion with the process hazard analysis
• in sufficient detail to support the anal-
ysis.
(d) Information pertaining to the
equipment in the process.
(1) Information ' pertaining to the
equipment in the process shall include:
, (i) Materials of construction;
(ii) Piping and instrument diagrams
(P&ID's);
(iii) Electrical classification;
(iv) Relief system design and design
basis; ' .
(v) Ventilation system design;
(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
§68.67
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 theiprocess. 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 prqcess operations,
and the team shall include at least one
employee who has experience and
knowledge specific to the process being
49
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§68.69
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
She sgrripTetion 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
process. Updated and revalidated proc-
ess hazard analyses completed to com-
ply with 29 CFR 1910.119(e) are accept-
able to meet the requirements of this
paragraph.
(g) The owner or operator shall re-
tain process hazards analyses and up-
dates or invalidations for each process
covered by this section, -as well as the
documented resolution of recommenda-
tions described in paragraph (e) of this
section for the life of the process.
§ 68.69 Operating procedures.
(a) The owner or operator shall de-
velop and implement written operating
procedures that provide clear instruc-
tions for safely conducting activities
involved in each covered process con-
sistent with the process safety infor-
mation and "shall address at least the
following elements.
(1) Steps for each operating phase:
(i) Initial startup;
(ii) Normal operations;
(iii) Temporary operations;
(iv) Emergency shutdown including
the conditions under which emergency
shutdown is required, and the assign-
ment of shutdown responsibility to
qualified operators to ensure that
40 CFR Ch. I (7-1-98 Edition)
emergency shutdown is executed in a
safe and timely manner.
(v) Emergency operations;
(vi) Normal shutdown; and,
(vii) Startup following a turnaround,
or after an emergency shutdown.
(2) Operating limits:
(i) Consequences of deviation; and
(ii) Steps required to correct or avoid
deviation.
(3) Safety and health considerations:
(i) Properties of, and hazards pre-
sented by, the chemicals used in the
process;
(ii) Precautions necessary to prevent
exposure, including engineering con-
trols, administrative controls, and per-
sonal protective equipment;
(iii) Control measures to be taken if
physical contact or airborne exposure
occurs;
(iv) Quality control for raw materials
and control of hazardous chemical in-
ventory levels; and,
(v) Any special or unique hazards.
(4) Safety systems and their func-
tions.
(b) Operating procedures shall be
readily accessible to employees who
work in or maintain a process.
(c) The operating procedures shall be
reviewed as often as necessary to as-
sure that they reflect current operat-
ing practice, including changes that re-
sult from changes in process chemicals,
technology, and equipment, and
changes to stationary sources. The
owner or operator shall certify annu-
ally that these operating procedures
are current and accurate.
(d) The owner or operator shall de-
velop and implement safe work prac-
tices to provide for the control of haz-
ards during operations such as lockout/
tagout; confined space entry; opening
process equipment or piping; and con-
trol over entrance into a stationary
source by maintenance, contractor,
laboratory, or other support personnel.
These safe work practices shall apply
to employees and contractor employ-
ees.
§68.71 Training.
(a) Initial training. (1) Each employee
presently involved in operating a proc-
ess, and each employee before being in-
volved in operating a newly assigned
process, shall be trained in an overview
50
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Environmental Protection Agency
of the process and in the operating pro-
cedures' as specified in §68.69. 'The
training shall include emphasis on the
specific safety and health hazards,
emergency operations including shut-
down, and safe work practices applica-
ble to the employee^ job tasks.
(2) In lieu of initial training for those
employees already involved in operat-
ing a process on June 21, 1999 an 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 specified in the operating pro-
cedures.
(b) Refresher training. Refresher train-
ing shall be provided at least every
three years, and more often if nec-
essary, to each employee involved in
operating a process to assure that the
employee understands and adheres to
the current operating procedures of the
process. The owner or operator, in con-
sultation with the employees involved
.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.
§68.73
(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 operat-
ing 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) Equipment 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 it 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.
51
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a ii!1 ii1, i ,,,,111: • ,„' ,,ii IP
§68.75
§ 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 any change:
(1) The technical basis for the pro-
posed change;
(2) Impact of change on safety and
health;
(3) Modifications to operating proce-
dures;
W) Necessary time period for the
change; and,
(5) Authorization requirements for
the proposed change.
(c) Employees involved in operating a
process arid maintenance and contract
employees whose job tasks will be af-
fected by a change in the process shall
be informed of, and trained in, the
change prior to start-up of the process
or affected part of the process.
(d) If a change covered by this para-
graph results in a change in the process
safety information required by §68.65 of
this part, such information shall be up-
dated acqprdingly.
(e) If a change covered by this para-
graph results in a change in the operat-
ing procedures or practices required by
§68.69. such procedures or practices
shall be updated accordingly.
§ 68.77 Pre-startup review.
(a) The .owner, or operator shall per-
form a pre-startup safety review for
new ?tat|onary sources and for modi-
fled stationary sources when the modi-
fication is significant enough to re-
quire a change in the process safety in-
formation.
(b) The pre-startup safety review
shall confirm that prior to the intro-
duction of regulated substances to a
process:
(1) Construction and equipment is in
accordance with design specifications;
(2) Safety, operating, maintenance,
and emergency procedures are in place
and are adequate;
(3) For new stationary sources, a
process hazard analysis has been per-
formed and recommendations have
40 CFR Ch. I (7-1-98 Edition)
been resolved or implemented before
startup; and modified stationary
sources meet the requirements con-
tained in management of change
§68.75. &
(4) Training of each employee in-
volved in operating a process has been
completed.
§68.79 Compliance audits.
(a) The owner or operator shall cer-
tify that they have evaluated compli-
ance with the provisions of this section
at least every three years to verify
that the procedures and practices de-
veloped under the standard are ade-
quate and are being followed.
(b) The compliance audit shall be
conducted by at least one person
knowledgeable in the process.
(c) A report of the findings of the
audit shall be developed.
(d) The owner or operator shall
promptly determine and document an
appropriate response to each of the
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.
§ 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-
stance.
(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,
52
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Environmental Protection Agency
§68.87
(5) Any recommendations resulting
from the investigation.
(e) The owner or operator shall estab-
lish a system to promptly address and
resolve the incident report 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.
(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 bther 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 shali'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 ver-
ify 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
53
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§68.90
40 CFR Ch. I (7-1-98 Edition)
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 opera-
tor 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 station-
ary sourcfe whose employees will not
respond to accidental releases of regu-
lated substances need not^comply with
§68.95 of this part provided that they
meet the following:
(1) For stationary sources with any
regulated toxic substance held in a
process above the threshold quantity,
the stationary source is included in the
community emergency response plan
developed under 43 U.S.C. 11003;
(2) For stationary"sources> with only
regulated flammable substances held in
a process above the threshold quantity,
the owner or operator has coordinated
response actions with the local fire de-
partment; and
(3) Appropriate mechanisms are in
place to notify emergency responders
when there is a need for a response.
§ 68.95 Emergency response program.
(a) The owner or operator shall de-
velop and implement an emergency re-
sponse program for the purpose of pro-
tecting public health and the environ-
ment. Such program shall include the
following elements:
(1) Ari emergency response plan,
which shall be maintained at the sta;
tibnary: source and contain at least the
following elements:
(i) Procedures for informing the pub-
lic and local emergency response agen-
cies about accidental releases;
(11) Docurnentatiqn of proper first-aid
and emergency medical treatment nec-
essary to treat accidental human expo-
sures; and
(iii) Procedures and measures for
emergency response after an accidental
release of a regulated substance;
(2) Procedures for the use of emer-
gency response equipment and for its
inspection, testing, and maintenance;
(3) Training for all employees in rel-
evant procedures; and
(4) Procedures to review and update,
as appropriate, the emergency response
plan to reflect changes at the station-
ary source and ensure that employees
are informed of changes.
(b) A written plan that complies with
other Federal contingency plan regula-
tions or is consistent with the ap-
proach in the National Response
Team's Integrated Contingency Plan
Guidance ("One Plan") and that,
among other matters, includes the ele-
ments provided in paragraph (a) of this
section, shall satisfy the requirements
of this section if the owner or operator
also complies with paragraph (c) of this
section.
(c) The emergency response plan de-
veloped under paragraph (a)(l) of this
section shall be coordinated with the
community emergency response plan
developed under 42 U.S.C. 11003. Upon
request of the local emergency plan-
ning committee or emergency response
officials, the owner or operator shall
promptly provide to the local emer-
gency response officials information
necessary for developing and imple-
menting the community emergency re-
sponse plan.
Subpart F—-Regulated Substances
for Accidental Release Prevention
SOURCE: 59 FR 4493, Jan. 31, 1994, unless
otherwise noted. Redesignated at 61 FR 31717,
June 20, 1996.
§68.100 Purpose.
This subpart designates substances
to be listed under section 112(r)(3), (4),
and (5) of the Clean Air Act, as amend-
ed, identifies their threshold quan-
tities, -and establishes the requirements
for petitioning to add or delete sub-
stances from the list.
§68.115 Threshold determination.
(a) A threshold quantity of a regu-
lated substance listed in §68.130 is
54
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Environmental Protection Agency
§68.115
present at a stationary source if the
total quantity of the regulated sub-
stance contained in a process exceeds
the threshold.
(b) For the purposes of determining
whether more than a threshold quan-
tity of a regulated substance is present
at the stationary source, the following
exemptions apply:
(1). Concentrations of a regulated toxic
substance in a mixture. If a regulated
substance is present in a mixture and
the concentration of the substance is
below one percent by weight of the
mixture, the 'amount of the substance
in the mixture need not be considered
when determining whether more than a
threshold quantity is present at the
stationary source. Except for oleum,
toluene 2,4-diisocyanate, toluene 2,6-
diisocyanate, and toluene diisocyanate
(unspecified isomer), if the concentra-
tion of the regulated substance in the
mixture is one percent or greater by
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 haye 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 relat-
ed storage for use as fuel for internal
combustion engines, need not be con-
sidered 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
55
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§68.120
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 fpr 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">
(iv) Use of regulated substances
present in process water or non-contact
cooling water as drawn from the envi-
ronment or municipal sources, or use
of regulated substances present in air
used either as compressed air or as part
of combustion. • , ,, ,
(5) Activities in laboratories. If a regu-
lated substance is manufactured, proc-
essed, or used in a laboratory at a sta-
tionary source under the supervision of
a technically qualified individual as de-
fined in§720.3(ee) of this chapter, the
quantity of the substance need not be
considered in determining whether a
thresho|d quantity is present. This ex-
emption 3bes not apply to:
(i) Specialty chemical production;
(ii) Manufacture, processing, or use
of substances in pilot plant scale oper-
ations; and
(iii) Activities conducted outside the
laboratory.
[59""FR 4493." Jan. SI."l994. Redesignated at SI
FR 31717. June 20. 1996, as amended at 63 FR
645, Jan. 6. 1998]
§68.120 Petition process*
(a) Any person may petition the Ad-
ministrator to modify, by addition or
deletion, the list of regulated sub-
stances identified in §68.130. Based on
the information presented by the peti-
tioner, the Administrator may grant or
deny a petition.
40 CFR Ch. I (7-1-98 Edrtion)
(b) A substance may be added to the
list if, in the case of an accidental re-
lease, it is known to cause or may be
reasonably anticipated to cause death,
injury, or serious adverse effects to
human health or the environment.
(c) A substance may be deleted from
the list if adequate data on the health
and environmental effects of the sub-
stance are available to determine that
the substance, in the case of an acci-
dental release, is not known to cause
and may not be reasonably anticipated
to cause death, injury, or serious ad-
verse effects to human health or the
environment.
(d) No substance for which a national
primary ambient air quality standard
has been established shall be added to
the list. No substance regulated under
title VI of the Clean Air Act, as amend-
ed, shall be added to the list.
(e) The burden of proof is on the peti-
tioner to demonstrate that the criteria
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 (s) 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-
mon synonym(s), Chemical Abstracts
Service number, and chemical formula
, and .structure; . .
(4) Action requested (add or delete a
substance);
(5) Rationale supporting the petition-
er'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
56
-------
Environmental Protection Agency
§68.130
(6) Supporting data; that is, the peti-
tion must include' sufficient informa-
tion to scientifically support the re-
quest to modify the list. Such informa-
tion shall include:
(i) A list of all support documents;
(ii) Documentation of literature
searches conducted, including, but not
limited to, identification of the data-
base(s) 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-
dent history data, indicating the po-
tential for serious adverse human
health or environmental effects from
an accidental release. These 'data may
include, but are not limited to, phys-
ical and chemical properties of the sub-
s'tance, such as vapor pressure; model-
ing results, including data and assump-
tions used and model documentation;
and historical accident data, citing
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]
Chemical name
Acrolein [2-
Propenal].
Acrylonltrile [2-
Propenenitrile].
Acrylyl chloride [2-
Propehoyl chlo-
ride].
Allyl alcohol [2-
Propen-l-ol].
Allylamine [2-
Propen-l-arnine].
Ammonia (anhy-
drous).
Ammonia (cone
20% or greater).
- Arsenous tri-
chloride.
Arsine
Boron trichloride
[Borane,
trichlo;o-].
Boron trifluoride
[Borane,
trifluoro-].
Boron trifluoride
compound with
methyl ether
(1:1) [Boron,
, trifluoro [oxybis
[metane]]-, T-4-.
Bromine
Carbon bisulfide ..
Chlorine
Chlorine dioxide
[Chlorine oxide
(CI02)). .
Chloroform [Meth-
ane, trichloro-].
Chloromethyl
ether [Methane,
oxybis[chloro-].
Chloromethyl
methyl ether
[Methane,
chloromethoxy-].
Crotonaldehyde
[2-Butenal].
Crotonaldehyde,
(E)- [2-Butenal,
(E)-].
Cyanogen chlo-
ride.
Cyclohexylarnine
[Cyclohexanam-
ine].
Diborane
Dimethyldichloros-
ilane [Silane,
, dichlorodimeth-
yi-].
1,1-
Dimethylhydraz-
ine [Hydrazine,
1,1 -dimethyl-].
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
353-42-4
'
7726-95-6
75-15-0
7782-50-5
10049-04-4
67-66-3
542-88-1
107-30-2
4170-30-3
123-73-9
506-77-4
108-91-8
. 19287-45-7
75-78-5
57-14-r7
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
15,000
1 0,000
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
Basis for
listing
b
b
b
b
b
a, b
a, b ' .
b
b
b
b
b
a, b
b
a, b
c
b
b
b
b
b
c
b
b
b
b
57
-------
§68.130
40 CFR Ch. I (7-1-98 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-
,.'.TmES, TOR. ACCIDENTAL RELEASE PREVEN-
JION—Continued'"""'""''' ' ' '.'„.",.".
[Alphabetical Order—77 Substances]
Chemical name
Eptehtorohydrin
(Oxirane,
jcWororoethyl)-].
Ethylenediamne
Elluncdiamine).
E'.hyloneimma
[Azirkiine],
Elhylono oxfde
[Oxirane].
Fluorine ..„
Formaldehyde
(solution).
Furan
Hydrazlne
Hydrochloric acid
(cone 37% or
greater).
Hydrocyanic acid
Hydrogen chloride
(anhydrous)
[Hydrochloric
add].
Hydrogen fluoride/
Hydrofluoric
acid (cone 50%
or greater)
[Hydrofluoric
acid].
Hydrogen sel«-
nlde.
Hydrogen sulflde
ton,
pentacaffionyl-
[Iron cartjony!
(Fe
-------
Environmental Protection Agency
§68.130
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
Titanium tetra-
chloride [Tita-
nium chloride
(TlCM) (T-4)-].
Toluene 2,4-
diisocyanate '
[Benzene, 2,4-
diisocyanato-1-
methyl-p.
Toluene 2,6-
diisocyanate
[Benzene, 1,3-
diisocyanato-2-
methyl-]'.
Toluene
diisocyanate
(unspecified
isomer) [Ben-
zene, 1,3-
diisocyanatome-
thyl-]'.
CAS No.
7550-45-0
584-84-9
91^08-7
26471-62-5
Threshold
quantity
(Ibs)
2,500
10,000
10,000
10,000
Basis for
listing
b
a
a
a
Chemical name
Trimethylchlorosil-
ane [Silane,
chlorotrimethyl-].
Vinyl acetate
monomer [Ace-
tic acid ethenyl
ester].
CAS No. .
75-77^1
108-05-4
Threshold
quantity
(Ibs)
10,000
15,000
Basis for
listing
b
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 sulfuric 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 Numbe,r Order—77 Substances]
CAS No.
50-00-0 ,
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
107-30-2
108-05-4 ;
108-23-6 :
108-91-8
109-61-5
110-00^-9 „....
110-89-4
123-73-9
. Chemical name
Formaldehyde (solution)
Chloroform [Methane, trichloro-]
Methyl chloride [Methane, chloro-]
Ethylene oxide [Oxirane] <.
Phosgene [Carbonic dichloride]
Tetramethyllead [Plumbane, tetramethyl-]
Trimethylchlorosilane [Silane, chlorotrimethyl-]
Methyltrichlorosilane [Silane, trichlororriethyl-]
Epichlorohydrin [Oxirane, {chloromethyl)-]
Acrolein [2-Propenal] t
Acrylonitrile [2-Propenenitrile]
Ethylenediamine [1,2-Ethanediamine]
Ally! alcohol [2-Propen:1 -ol] ,
Chloromethyl methyl ether [Methane, chloromethoxy-] .
Jsopropyl chloroformate [Carbonochloridic acid, 1-methylethyl,ester]
Furan .. ,
Piperidine
Crotonaldehyde, (E)- [2-Butenal, (E)-l
Threshold
quantity
(Ibs)
15000
15 000
15 000
20000
10 000
2 500
10 000
20 000
10,000
500
10 000
10 000
10 000
10000
5000
5 000
20 000
5000
10 000
20000
5000
10000
10 000
20 000
20000
15 000
5 000
15 000
15,000
15 000
15000
5000
15000
20.000
Basis for
listing
b
b
b
b '
a b
5
b
a. A
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
59
-------
'„' Kirn
§68.130
40 QFR Ch, I (7-1-98 Edition)
TABLE 2 TO §68.130.—LIST OF REGULATED Toxic SUBSTANCES AND THRESHOLD QUANTITIES FOR
ACCIDENTAL RELEASE PREVENTION—Continued '"'.
''."' " ''.-',' "'""* " [CAS Number Order—77 Substances] '
CAS No.
126-98-7
151-56-4 -... .
302-01-2 ...„..._.....„.
353-42-4 ... „
506-77-4 ...... ...„
509-14-8 ,
542-88-1
556-64-9 ........
584-84-9 .
594-42-3
" 624-83-9 Z...... .„.
;i" 814-68-6 i
4170-30-3 ". ...
7446-09-5
1 7^4&-i 1-9 '.
7550-45-0 „
7637-07-2 .
7647-01-0
7647-01-0
7684-39^-3
': 7664-41-7 ..._.,„'.,..„..
7664-41-7
7697-37-2
7719-12-2 ,
.< 7726-95-6 .......'I.........
7782-41-4
7782-50-5 .......
7763-06-4 ...........
7783-07-5 „„ ...
' ' 7783-60-6""1 ..1_...J
7784-34-1
7784-42-1 ...„
7803-51-2 _.
8014-95-7
10025-87-3
10049-04-4
10102-43-9
10294-34-5
13463-39^3"" ......,'. ......
13463-40^6 ..
19287-45-7 ...
26471-62-5
^Chemical name " '
Methacryionilrite [2-Propenenitrile, 2-methyl-]
Ethyteneimine [Aziridine]
Boron, triffuorfde compound with methyl ether (1:1) [Boron,
trifluoro[oxybis[methane]]-, T-4-.
Cyanogen chloride . . , ,
Tetranitromethane [Methane, tetranitro-]
Chtoromethyl ether [Methane, oxybis[chloro-J
Toluene 2,4-diisocyanate [Benzene, 2,4-diisocyanato-l-methy!-]1
Perchtoromethylmercaptan [Methanesulfenyl chloride, trichloro-] ....
Methyl isocyanate [Methane, isocyanato-] ,
AcryJyl chloride [2-Propenoy! chloride]
Crotonaldehyde [2-Butenai]
Sulfur dioxide (anhydrous) ............ ....
Sulfur trioxide
Titanium tetrachloride [Titanium chloride (TiC!4) (T-4)-]
Boron trifluoride [Borane, trifluoro-] ,
Hydrochloric acid (cone 37% or greater)
Hydrogen fluoride/Hydrofluoric acid (cone 50% or greater) [Hydrofluoric acid]
Ammonia (anhydrous)
Ammonia (cone 20% or greater) ...... ,....j..
Nitric acW (cone 80% or greater)
Phosphorus trichloride [Phosphorous trichloride]
Bromine
Fluorine
Chlorine .
Hydrogen sulffde
Hydrogen selenide
Sulfur tetrafluoride [Sulfur fluoride (SF4) (T-4)-]
Arsine "....
Oleum (Fuming Sulluric acid) [Sulfuric acid, mixture with sulfur trioxide]1
Phosphorus oxychloride [Phosphory! chloride]
Chlorine dioxide [Chlorine oxide (CIO2)]
Nitric oxide [Nitrogen oxide (NO)]
Iron, pentacarbonyl- [Iron carbonyl (Fe(CO)a), (TB-5-11)-]
Diborane
Toluene diisocyanate (unspecified isomer) [Benzene, 1 ,3-diisocyanatomethyl-
1P.
Threshold
quantity
(Ibs)
10000
10 000
15 000
15,000
10 000
10000
1 000
20 000
10000
10,000
10000
5 000
20 000
5 000
10 000
2 500
5 000
15,000
5 000
1,000
10 000
20000
15 000
15000
10000
1 000
2 500
10000
500
2 500
15 000
1 000
10,000
5000
1 000
10 000
2500
2500
10,000
Basis for
listing -
b
b
•b
b
b
b
b
b
a b
b
b
a b
a b
b
b
d
a,b
a b
a b
b
b
a b
b
a b
a b
b
b
b '
b
b
e
b
b
b
b
b
b
a
! The mixture exemption in §68.115(b)(1) di
NOTE: Basis lor Listing:
Iocs not apply to the substance.
• Mandated for listing by Congress.
b On EHS lisl. vapor pressure 10 mmHg or greater. ..
c Toxic pas.
d ToxicHy of hydrogen chloride, potential to release hydrogen chloride, and history of accidents.
e Toxicity of sulfur trioxide and sutluric acid, potential to release sulfur trioxide, and history of accidents.
TABLE 3 TO §68.130.—LIST OF REGULATED FLAMMABLE SUBSTANCES AND THRESHOLD QUANTITIES
FOR ACCIDENTAL RELEASE PREVENTION
[Alphabetical Order—63 Substance's]
Chemical name
Acetakfehyde
Acetylene [Ethyne]
;
Bromotrilluoretrtyfene [Ethene/ bromotriHuoro-] „
1.3-Bu!ad
-------
Environmental Protection Agency
,§68.130
TABLE 3 TO §68.130.—LIST OF REGULATED FLAMMABLE SUBSTANCES ANDTHRESHOLD QUANTITIES
, • FOR ACCIDENTAL RELEASE PREVENTION—Continued
[Alphabetical Order—63 Substances]
Chemical name
2-Butene-cis
2-Butene-trans [2-Butene, (E)] ,.
Carbon oxysulfide [Carbon oxide sulfide (COS)]
Chlorine monoxide [Chlorine oxide] . .
2-Chloropropylene [1-Propene,. 2-chIoro-] , ...
1-Chloropropylene [1-Propene, 1 -chloro-]
Cyanogen [Ethanedinitrile] ..,
Dichlorosilane [Silane, dichloro-J
Difluoroethane [Ethane, 1,1-dilluoro-j :
Dimethylamine [Methanamine, N-methyF-]
Ethane
Ethyl acetylene [1-Butynej '
Ethylamine [Ethanamine]
Ethyl chloride [Ethane, chloro-] . .
Ethylene [Ethene] , . . .
Ethyl ether [Ethane, 1,1'-oxybis-]
Ethyl mercaptan [Ethanethiol]
Ethyl nitrite [Nitrous acid, ethyl ester]
Hydrogen
Isobutane [Propane, 2-methyl]
Isopentane [Butane, 2-methyl-] .'
Isopropylamine [2-Propanamine] '.-.
Isopropyl chloride [Propane, 2-chloro-] :. :
Methane '
Methylamine [Methanamine] ..
3-Methyl-1 -butene , .
2-Methyl-1-butene .
Methyl ether [Methane, oxybis-] :
Methyl formate [Formic acid, methyl ester]
2-Methylpropene [1-Propene, 2-methyl-]
1,3-Pentadinene .'
1-Pentene
2-Pentene, {£)- ;
2-Pentene, (Z)-
Propadiene [1,2-Propadiene] ; J
Propane ^ '
Propylene [1-Propene]
Propyne [1-Propyne]
Silane
Tetrafluoroethylene [Ethene, tetrafluora-] .".
Tetramethylsilane [Silane, tetramethyl-] ^ '
Trichlorosilane [Silane, trichloro-]
Trifluorochloroethylene [Ethene, chlorotrifluoro-]
Trimethyla'mine [Methanamine, N,N-dimethyl-] ;
Vinyl acetylene [1-Buten-3-yne] , .
Vinyl chloride [Ethene, chloro-] .;
Vinyl ethyl ether [Ethene, ethoxy-]
Vinyl fluoride [Ethene, fluoro-]
Vinylidene chloride [Ethene, 1,1-dichloro-]
Vinylidene fluoride [Ethene, 1,1 -difluoro-]
Vinyl methyl ether [Ethene, methoxy-] .-. ._
.CAS No.
. 590--J8-1
624-64-6
463-58-1
7791-21-1
557-98-2
590-21-6
460-19-5
75-19-4
4109-96-0
75-37-6
124^10-3
463-62-1
74-84-0
107-00-6
75-04-7
75-00-3
74-85-1
60-29-7
75-08-1
109-95-5
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
109-67-1
646-04-8
627-20-3
463-49-0
74-98-6
115-07-1
74-99-7
7803-62-5
116-14-3
75-76-3
10025-78-2
79-38-9
75-50-3
689-97-4
75-01-4
109-92-2
75-02-5
75-35-^1
75-38-7
107-25-5
Threshold
quantity
(Ibs)
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
1,0,000
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
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
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
Basis for
listing
f
f
f
f
g
'g
f
f
f
f . .
f
f
f
f
f "
f
f
g
g
f
f
f
g
g
g
g
f
f
f
g
f
9
f
f
3 •
g
,g
g
f
f
f
f
f
f
g
g
f
f
f
a, f
g
t
g
t
t
NOTE: Basis for Listing: '
a Mandated for listing by Congress.
f Flammable gas.
g Volatile flammable liquid.
61
-------
§68.130
40 CFR Ch. I (7-1-98 Edition)
TABLE 4 TO §68.130.—LIST OF REGULATED FLAMMABLE SUBSTANCES-AND THRESHOLD QUANTITIES
FOR ^cqpENTAL RELEASE PREVENTION '...,
', "' [CAS Number brder-^63 Substances]
CAS No.
80-29-7 „.
74-82-8 I.IZ.....I......11'.
74-84-O
I 74-85-1 .....„„ ....
74-86-2
74-89-s ,;;;: ;..;,....
" 74-gg-7
75-00-3 .
75-01-4 .
75-O2-5
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 „„..,...
78-78-4 ..._
78-79-5 ...........
79-38-9 „-„.„..
106-97-8
106-98-9 ......._.
196-99-0 _... „...
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 _
116-14-3
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 .
1333-74-6 ...
4109-96-0 ...
7791-21-1 .„.„
7803-62-5
10025-78-2 ..„_
25167-67-3 „„. ... ...
Chemical name
Ethyl ether [Ethane, 1,1'-oxybis-]
Ethane '. .
Ethylene [Ethene]
Methylamlne [Methanamine]
Ethyl chloride [Ethane, chloro-J
Vinyl chloride [Ethene, chloro-J
Vinyl fluoride [Ethene, fluoro-J
Ethylamine [Ethanamine]
Acetaldehyde .
Ethyl mercaptan [Ethanethiof]
Cyclopropane ,
Isobutane [Propane, 2-methyl]
Isopropyl chloride [Propane, 2-chloro-J
Isopropylamlne [2-Propanamine] .
Vinylidene chloride [Ethene, 1,1-dichloro-]
Difiuoroethane [Ethane 1 1-difluoro-]
Vinylidene fluoride [Ethene 1 1-difluoro-]
Trifiuorochloroethylene [Ethene, chlorotrifluoro-]
Methyl formate [Formic acid, methyl ester]
Ethyl nitrite [Nitrous add, ethyl ester]
Dimethylamine [Methanamino, N-methyl-J '.
Cyanogen [Ethanedinitrtle] ...
Carbon oxysullido [Carbon oxide sulfide (COS)]
2-Chloropropytene [1-Propene, 2-chloro-] ,
3-Methyl-1-butene . ...
2-Methyl-1-butene
2-Butene-ds
2-Butene-trans [2-Butene (E)j
2-Pentene, (Z)-
Dichlorosilane [Silane, dichloro-J
Silane
Trichtorosilane[Silane,trichloro-J
Butene . . .
CAS No.
60-29-7
74-82-8
74-84-0
74-85-1
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
1 1 5-O7— 1
115-10-6
115-11-7
116-14—3
124-40-3
460-19-5
463 40 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
(Its)
10,000
10000
10000
10000
10 000
10000
10 000
10 000
10,000
10000
10000
10,000
10 000
10000
10000
10000
10000
10000
10,000
10 000
10 000
10000
10 000
10 000
10 000
10000
10000
10000
10000
10 000
10 000
10 000
10,000
10 000
10 000
10 000
10000
10000
10 000
10 000
10 000
10,000
10000
10 000
10,000
10000
10 000
10,000
10 000
10,000
10000
10 000
10 000
10000
10000
10 000
10000.
10 000
10000
10 000
10 000
10,000
10.000
Basis for
listing •
g
f
f
f
f
f
f
f
f
a f
f
f
f
f
g
f
f
f '
f
f
f
f
f
f
f
g
f
g
f
f
f
f
f
f
f
g
Note: Basis for Listing a Mandated for listing by Congress. f Flammable gas. g Volatile flammable liquid.
|59 FR 4493. Jan. 31. 1994. Redesignated at 61 FR 31717, June 20, 1996, as amended at 62 FR 45132,
Aug. 25, 1997: 63 FR 645. Jan. 6. 1998]
62
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V
Environmental Protection Agency
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 § 68.19Q.
(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.
§68.155 Executive summary.
The owner or operator shall provide
in the RMP an executive summary that
includes a brief description1 of the fol-
lowing elements:
(a) The accidental release prevention
and emergency response policies at the
stationary source;
(b) The stationary source and regu-
lated substances handled;
(c) The worst-case release scenario(s)
and the alternative release scenario (s),
including administrative controls and
mitigation measures "to limit the dis-
tances for each reported scenario;
(d) The general accidental release
prevention program and chemical-speT
cific prevention steps;
(e) The five-year accident history;
§68.165
(f) The emergency response program;
and •
(g) Planned changes to improve safe-
ty. • . .
§ 68.160 Registration.
(a) The owner or operator shall com-
plete a single registration form and in-
clude it in the RMP. The form shall
cover all regulated, substances handled
in covered processes.
(b) The registration shall include the
following data:
(1) Stationary source name, street,
city, county, state, zip code, latitude,
and longitude;
(2) The stationary source Dun and
Bradstreet number;
(3) Name and Dun and Bradstreet
number of the corporate, parent com-
pany;
(4) The name, telephone number, and
mailing address of the owner or opera-
tor;
(5) The name and title of the person
or position with overall responsibility
for RMP elements and implementation;
(6) The name, title, telephone num-
ber, and 24-hour telephone number of
the emergency contact;
, (7) For each covered process, the
name and CAS number of each regu-
lated substance held above the thresh-
old quantity in the process, the maxi-
mum quantity of each regulated sub-
stance 'or rnixture in the process (in
pounds) to two significant digits, the
SIC code, 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) Whether the stationary source
has a CAA Title V operating permit;
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.
§ 68.165 Offsite consequence analysis.
(a) The owner or operator shall sub-
mit in the RMP information: ,
63
-------
§68.168
40 CFR Ch. I (7-1-98 Edition)
(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-
resent all regulated toxic substances
held above the threshold quantity and
one worst-case release scenario to rep-
resentall 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)(iil). the owner or opera-
tor shall submit the same; information
"on '.'"tHe additional^JscenaripCs). 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) Physical state (toxics only);
(3) Basis of results (give model name
if used);
(4) Scenario (explosion, fire, toxic gas
release, or liquid spill and vaporiza-
tion);
(5) Quantity released in pounds;
(6) Release rate;
(7) Release duration;
(8) Wind speed and atmospheric sta-
bility class (toxics only);
(9) Topography (toxics only);
(10) Distance to endpoint;
(ll) Public and environmental recep-
tors within the distance;
(12) Passive mitigation considered;
and
(13) Active mitigation considered (al-
ternative releases only);
§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
S 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 SIC code for 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 thejob; 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) TJie 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.
64
-------
Environmental Protection Agency
§68.190
§68.175 Prevention program/Program
3.
(a). For each Program 3 process, the
owner or operator shall provide the in-
formation indicated in paragraphs (b)
through (p) of this section. If the same
information applies to more than one
covered process, the owner or operator
may provide the information only
once, but shall indicate to which proc-
esses the information applies.
(b) The SIC code for the process.
(c) The name (s) of the substance (s)
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 in use;
(4) Mitigation systems in use; .
(5) Monitoring and detection systems
in use; and
(6) Changes since the last PHA.
(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 thejob; 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
change that triggered management of
change procedures and the date of the
most recent review or revision of man-
agement of change procedures.
(j) The date of the most recent 'pre-
startup review.
, .(k) The date of the most recent com-
pliance audit and the expected date of
completion of any changes resulting
from the compliance audit;
(1) The date of the most recent inci-
dent investigation and the expected
date of completion of any changes re-
sulting from the investigation:
(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.
§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-
stance?
(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 the plan-is
coordinated.
(c) The owner or operator shall list
other Federal or state emergency plan
requirements to which the stationary
source is subject.
§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
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
65
-------
§68.200
40 CFR Ch. I (7-1-98 Edition)
central point specified by EPA prior to
June 21, 1999.
(b) The owner or, operator of a sta-
|ipnary source shall revise and update
* Che 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) rlo 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
presenC 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 ^ I "
(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-
mationby the Department of Defense
t?r other Federal agencies or contrac-
tors of such agencies shall be con-
ii1 ; • iijTinii i :,:'.:.„' f3 ,. , , ,
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 partof 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.
The state may enter a written agree-
ment with the Administrator under
which EPA will implement and enforce
the requirements of paragraph (e) of
this section.
(e) The air permitting authority or
the agency designated by delegation or
agreement under paragraph (d) of this
section shall, at a minimum:
66
-------
Environmental Protection Agency
(1) Verify that the source owner or
operator has registered and submitted
, an RMP or a revised plan when re-
• quired by this part;
(2) Verify that the source owner or
operator has submitted a source cer-
tification or in its absence has submit-
ted a compliance schedule consistent
with paragraph (a) (2) of this section;
(3) For some or all of the sources sub-
ject to this section, use one or more
mechanisms such as, but not limited
to, a completeness check, source au-
dits, record reviews, or facility inspec-
tions to ensure that permitted sources
are in compliance with the require-
ments of this part; and
(4). Initiate enforcement action based
on paragraphs (e)(l) and (e)(2) of this.
section as appropriate.
§68.220 Audits.
(a) In addition to inspections for the
purpose of regulatory development .and
enforcement of the Act, the imple-
menting agency shall periodically
audit RMPs submitted under subpart G
of this part to review the adequacy of
such RMPs and require revisions .of
RMPs when necessary to ensure com-
pliance with subpart 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
source;
(2) Accident history of other station-
ary sources in the same industry;
(3) Quantity of regulated substances .
present at the stationary source;
(4) Location of the stationary source
and its proximity to the public and en-
vironmental receptors;
(5) The presence of specific regulated
substances;
(6) The hazards identified in 'the
RMP; and
(7) A plan providing for neutral, ran-
dom oversight.
(c) Exemption from audits. A station-
ary source with a Star or Merit rank-
ing under OSHA's voluntary protection
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
§ 68.220
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.
(fj 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.
(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
67
-------
§68.220
determination under paragraph (e) of
this section pr niay 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 a,n explanation of the basis for
finding such substitute revision unrea-
sonable.
(h) Thirty days after completion of
the actjons detailed in the implemen-
tation schedule set in the final defgr-
mination under paragraph (g) of this
section, the owner or operator shall be
40 CFR Ch. I (7-1-98 Edition)
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.
68
-------
Environmental Protection Agency
Pt. 68, App. A
69
-------
Pt. 68, App. A
40 CFR Ch. I (7-1-98 Edition)
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Wednesday
January 6, 1999
Part IV
Environmental
Protection Agency
40 CFR Part 68
Accidental Release Prevention
Requirements; Risk Management
Programs Under Clean Air Act Section
112(r)(7), Amendments; Final Rule
-------
964
Federal Register/Vol. 64, No. 3/Wednesday, January 6, 1999/Rules and Regulations
ENVIRONMENTAL PROTECTION
AGEfJcf
ill i- i • uiiiB'i i-;:1- ,i
40 CFR Part 68
[FRL-6214-9]
RIN 2050-AE;46
Accidental Release Prevention
Requirements; Risk Management
Programs Under Clean Air Act Section
1 12(r)(7); Amendments
AGENCY: Environmental Protection
Agency (EPA).
: Fjnal/ule. ...... _ _ , ............. ' . .....
..i; ,
chemical acctd'enfprevention "rule '
Cddified In 40 CFR Part 68. The
chemical accident prevention rule
requires owners arid operators of
stationary sources subject to the rule to
submit a risk management plan (RMP)
by June 2 1 , 1999. to a central location
specified by EPA. In this action. EPA is
amending the rule to: add four
mandatory arid five optional RMP data
elements, establish specific procedures
for protecting confidential business
information when submitting RMPs,
adopt the government's use of a new
industry classification system, and make
technical corrections and clarifications
to Part 68. However, as stated in the
proposed rule for these amendments,
this action does not address issues
concerning public access to offsite
consequence analysis data in the RMP.
DATES: The rule is effective February 5,'
1999.
ADDRESSES: Supporting material used in
developing the proposed rule and final
rule is contained in Docket A-98-08.
The docket is available for public
inspection and copying between 8:00
a.m. and 5:30 p.m., Monday through
Friday (except government holidays) at
Room 1500, 401 M Street SW,
Washington, DC 20460. A reasonable fee
may be charged for copying.
FOR FURTHER INFORMATION CONTACT: Sicy
Jacob or John Ferris, Chemical
Emergency Preparedness and
Prevention Office, Environmental
Protection Agency (5104), 401 M Street
SW, Washington; DC 20460, (202) 260-
7249 or, (202) 260-4043, respectively; or
the Emergency Planning and
Community Right-to-Know Hotline at
800-424-9346 (in the Washington, DC
metropolitan area, (703) 412-9810). You
may wish to visit the Chemical
Emergency Preparedness and
Prevention Office (CEPPO) Internet site,
at www.epa.gov/ceppo.
SUPPLEMENTARY INFORMATION :
Regulated Entities
Entities potentially regulated by this
action are those stationary sources that
have more than a threshold quantity of
a regulated substance in a process.
Regulated categories and entities
include:
Category
Examples of regulated entities
Chemical Manufacturers ....
Patroteum
Other Manufacturing
Agriculture
Public Sources ...
Utilities
Olhor
Federal Sources
Basic chemical manufacturing, petrochemicals, resins, agricultural chemicals, Pharmaceuticals,
paints, cleaning compounds.
Refineries.
Paper, electronics, semiconductors, fabricated metals, industrial machinery, food processors.
Agricultural retailers.
Drinking water and waste water treatment systems.
Electric utilities.
Propane retailers and users, cold storage, warehousing, and wholesalers.
Military and energy installations.
This table is not meant to be
exhaustive, but rather provides a guide
for readers to indicate those entities
likely to be regulated by this action. The
table lists entities EPA is aware of that
could potentially be regulated by this
action. Other entities not listed in the
table could also be regulated. To
determine whether a stationary source is
regulated by this action, carefully
examine the provisions associated with
the list of substances and thresholds
under §68.130 and the applicability
criteria under § 68.10. If you have
questions regarding applicability of this
action to a particular entity, consult the
hotline or persons listed in the
preceding FOR FURTHER INFORMATION
CONTACT section.
Table of Contents
I. Introduction and Background
A, Staujtgry Authority
B Background
II, Summary of the Final Rule
III, Discussion of Issues
A. NAICS Codes
1, RMP Data Elements
C. Prevention Program Reporting
D, Confidential Business Information
E, Other Issues
F. Technical Corrections
IV. Section-by-Section Discussion of the
Final Rule
V. Judicial Review
VI. Administrative Requirements
A. Docket '
B. Executive Order 12866
C. Executive Order 12875
D. Executive Order 13045
E. Executive Order 13084
F. Regulatory Flexibility
G. Paperwork Reduction
H. Unfunded Mandates Reform Act
I. National Technology Transfer and
Advancement Act
J. Congressional Review Act
I. Introduction and Background
A. Statutory Authority
These amendments are being
promulgated under sections 112(r) and
301(a)(l) of the Clean Air Act (CAA) as
amended (42 U.S.C. 7412(r), 7601(a)(l)).
B. Background
The 1990 CAA Amendments added
section 112(r) to provide for the
prevention and mitigation of accidental
chemical releases. Section 112(r)
mandates that EPA promulgate a list of
"regulated substances," with threshold
quantities. Processes at stationary
sources that contain a threshold
quantity of a regulated substance are
subject to accidental release prevention
regulations promulgated under CAA
section 112(r)(7). EPA promulgated the
list of regulated substances on January
31, 1994 (59 FR4478) (the "List Rule")
and the accidental release prevention
regulations creating the risk
management program requirements on
June 20, 1996 (61 FR 31668) (the "RMP
Rule"). Together, these two rules are
codified as 40 CFR Part 68. EPA
amended the List Rule on August 25,
1997 (62 FR 45132), to change the listed
concentration of hydrochloric acid. On
January 6, 1998 ( 63 FR 640), EPA
amended the List Rule to delist Division
1.1 explosives (classified by DOT), to
clarify certain provisions related to
regulated flammable substances and to
clarify the transportation exemption.
Part 68 requires that sources with
more than a threshold quantity of a
regulated substance in a process
develop and implement a risk
management program that includes a
five-year accident history, offsite
consequence analyses, a prevention
ni ill
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Federal Register/Vol. 64, No. 3/Wednesday. January'6. 1999/Rules and Regulations
965
program, and an emergency response
program. In Part 68, processes are
divided into three categories (Programs
1 through 3). Processes that have no
potential impact on the public in the
case of accidental releases have minimal
requirements (Program 1). Processes in
Programs 2 and 3 have additional
requirements based on the potential for
offsite consequences associated with the
worst-case accidental release and their
accident history. Program 3 is also
triggered if the processes are subject to
OSHA's Process Safety Management
(PSM) Standard. By June 21, 1999,
sources must submit to a location
designated by EPA, a risk management
plan (RMP) that summarizes their
implementation of the risk management
program.
When .EPA promulgated trie risk
management program regulations, it
stated that it intended to work toward
electronic submission of RMPs. The
Accident Prevention Subcommittee of
the CAA Advisory Committee convened
an Electronic Submission Workgroup to
examine technical and practical issues
associated with creating a national
electronic repository for RMPs. Based'
on workgroup recommendations, EPA is
in the process of developing two
systems, a user-friendly PC-based
submission system (RMP*Submit) and a
database of RMPs (RMP*Info).
The Electronic Submission
Workgroup also recommended that EPA
add some mandatory and optional data
elements to the RMP and asked EPA to
clarify how confidential business
information (CBI) submitted in the RMP
would be handled. Based on these
recommendations and requests for
clarifications, EPA proposed
amendments to Part 68 on April 17,
1998 (63 FR 19216). These amendments
proposed to replace the use of Standard
Industrial Classification (SIC) codes
with the North American Industry
Classification System (NAICS) codes,
add four mandatory data elements to the
RMP, add five optional data elements to
the RMP, establish specific
requirements for submission of
information claimed CBI, and make
, technical corrections and clarifications
to the rule. EPA received 47 written
comments on the proposed rule.
Today's rule reflects EPA's
consideration of all comments; major
issues raised by commenters and EPA's
responses-are discussed in Section III of
this preamble. A summary of all
comments submitted and EPA's .
responses can be found in a document
entitled, Accidental Release Prevention
Requirements; Risk Management
Programs Under Clean Air'Act Section
112 (r) (7); Amendments: Summary and
Response to Comments, in the Docket
(see ADDRESSES).
II. Summary of the Final Rule
NAICS^ Codes
On January 1, 1997, the U.S.
Government, in cooperation with the
governments of Canada and Mexico,
adopted a new industry classification
system, the North American Industry
Classification System (NAICS), to
replace the Standard Industrial
Classification (SIC) codes (April 9., 1997,
62 FR 17288). The applicability of some
Part 68 requirements (i.e., Program 3
prevention requirements) is determined,
in part, by SIC codes, and Part 68 also
requires the reporting of SIC codes in
the RMP. Therefore, EPA is revising Part
68 to replace all references to "SIC
code" with "NAICS code." In addition,
EPA is replacing, as proposed, the nine
SIC codes subject to Program 3
prevention program requirements with
ten NAICS codes, as follows:
NAICS Sector . ' -
32211 Pulp mills
32411 Petroleum refineries
32511 Petrochemical manufacturing
325181 Alkalies and chlorine ^
325188 All other inorganic chemical
manufacturing
325192 Other cyclic crude and intermediate
manufacturing
325199 All other basic organic chemical
manufacturing
325211 Plastics and resins
325311 Nitrogen fertilizer
32532 Pesticide and other agricultural
chemicals
NAICS codes are either five or six digits,
depending on the degree to which the
sector is subdivided.
RMP Data Elements
As proposed, EPA is adding four new
data elements to the RMP: latitude/
longitude method and description, CAA
Title V permit number, percentage
weight of a toxic substance in a liquid
mixture, and NAICS code for each
process that had an accidental release
reported in the five-year accident
history. EPA is also adding five optional
data elements: local emergency
planning committee (LEPC) name,
source or parent company e-mail
address, source homepage address,
phone number at the source for public
inquiries, and status under OSHA's
Voluntary Protection Program (VPP).
Prevention Program Reporting ~
EPA is not revising Sections 68.170
and 68.175 as proposed. Prevention
program reporting, therefore, will not be
changed to require a prevention
program for each portion of a process for
which a Process Hazard Analysis (PHA)
or hazard review was conducted.
Instead, EPA plans to create functions
within RMP*Submit to provide
stationary sources with a flexible way of
explaining the scope and content of
each prevention program they
implement at their facility.
Confidential Business Information •
EPA is clarifying how confidential
business information (CBI) submitted in
the RMP will be handled, EPA has
determined that the information
required by certain RMP data elements
does not meet the criteria for CBI and
therefore may not be claimed as such.
The Agency is also requiring submission
of substantiation at the time a CBI claim
is filed.
Finally, EPA is promulgating several
of the technical corrections and
clarifications, as proposed in, the
Federal Register, April 17, 1998 (63 FR
19216).
IK. Discussion of Issues
EPA received 47 comments on the
proposed rule. The commenters
included chemical manufacturers,
petroleum refineries, environmental
groups, trade associations, a state
agency, and members of the public. The
major issues raised by commenters are
addressed briefly below. The Agency's
complete response to comments
received on this rulemaking is available
in the docket (see ADDRESSES). The
document is titled Accidental Release
Prevention Requirements; Risk
Management Programs Under Clean Air
Act Section 112(r)(7); Amendments:
Summary and Response to Comments.
A. NAICS Codes
Two commenters asked that sources
be given the option to use either SIC
codes or NAICS codes, or both, in their
initial RMP because the NAICS system
is new and may not be familiar to
sources. EPA disagrees with this
suggestion. EPA intends to provide
several outreach mechanisms to assist
sources in identifying their new NAICS
code. RMP*Submit will provide a "pick
list" that will make it easier for sources
to find the appropriate code. Also,
selected NAICS codes are included in •
the General Guidance for Risk
Management Programs (July 1998) and
in the industry-specific guidance
documents that EPA is developing. EPA
will also utilize the Emergency Planning
and Community Right-to-Know Hotline
at 800-424-9346(or 703-412-9810) and
its web site at www.epa.gov/ceppo/, to
assist sources in determining the
source's NAICS codes. EPA also notes
that the Internal Revenue Service is
planning to require businesses to
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Federal Register/Vol."64. No. 37Wednesday, January 6, 1999/Rules and Regulations
provide NAICS-based activity codes on
their 1 998 tax returns, so rnany sources
will h^vab^cprneiarnliiarwithlheir .......
NAICS codes by the June 1999 RMP
deadline.
EPA believes it Is necessary and
appropriate to change from SIC codes to
NAICS codes at this time. EPA
recognizes that NAICS codes were
developed for statistical purposes by the
Office of Management and Budget
(OMB). In the notice of April 9. 1997 (62
FR 17288) OMB stated that the "[u]se of
NAICS for nonstatistical purposes (e.g..
administrative, regulatory, or taxation)
Will be determined by the agency or
agencies that have chosen to use the SIC
for nonstatistical purposes." EPA has
determined that NAICS is appropriate in
this rule for several reasons. First, the
reason the SIC codes were replaced by
NAICS codes is because the SIC codes
no longer accurately represent today's
industries. The SIC codes will become
more obsolete over time because OMB
Will no longer be supporting the SIC
codes; thgrefpre, no. ngw.prmpdified ...............
SIC codes will be developed to reflect
future changes in industries. Second, as
the SIC codes become obsolete, most
users of SIC codes will likely change to
NAICS codes over time, so future data
sharing and consistency will be
enhanced by use of NAICS codes in the
RMP program. Third, through this
rulemaking process, EPA has analyzed
specific conversions of SIC codes to
NAICS codes for the RMP program and
was able to identify NAICS codes that
were applicable to fulfilling the
purposes of this rule. Finally, because
the RMP reporting requirement is new,
It is reasonable to begin the program
.. ..
converting to them later.
Three commenters expressed support
for , the, ten NAICS codes that EPA ....................
proposed to use in place of the nine SIC
codes referenced in section 68.10(d)(l)
of Part 68 and one commenter partially
objected. Section 68.10(d)(l) provides
that processes in the referenced codes
are Subject to Program 3 requirements (if
not eligible for Program 1). One
cpmmenler objected to EPA's proposal
to replace the SIC code for pulp and
paper mills with only the NAICS code
for pulp mills that do not also produce
paper or paperboard. The commenter
asked EPA to reexamine the accident
history of paper and paperboard mills.
As d(§cussed In the preamble of the
proposed rule, EPA reviewed the
accident history data prior to proposing-
the new NAICS codes. Neither facilities
that classjfy themselves as paper mills
(NAfCS Code 322121) nor paperboard
mills |NAlCS code 32213) met the
accident history criteria that EPA used
to select industrial sectors for Program
3.
EPA. notes that a pulp process at a
paper or a paperboard mill may still be
subject to P.rogram 3 as long as the
process contains more than a threshold
quantity of a regulated substance and is
not eligible for Program 1. Section
68.10(d)(l) uses industrial codes to
classify processes, not facilities as a
whole. Since section 68.10(d)(l) will
continue to list the code for pulp mills,
pulpmaking processes will continue to
be subject to Program 3. In addition,
under section 68.10(d)(2), paper
processes will be in Program 3 (unless
eligible for Program 1) if they are subject
to OSHA's Process Safety Management
(PSM) standard. Most pulp and paper
processes are, in fact, subject to this
standard.
One commenter objected to assigning
NAICS codes to a process rather than
the source as a whole. EPA firstTiotes
that the requirement to assign a SIC
code to a process was adopted in the
original RMP rulemaking two years ago.
Today's rule does not change that
requirement except to substitute NAICS
for SIC codes. In any event, EPA is
today modifying Part 68 to clarify that
sources provide the NAICS code that
"most closely corresponds to the
process." EPA believes that assigning an
industry code to a process will help
implementing agencies and the public
understand what the covered process
does; using the code makes it possible
to provide this information without
requiring a detailed explanation from
the source. In addition, the primary
NAICS code for a source as a whole may
not reflect the activity of the covered
process.
B. RMP Data Elements
EPA proposed to add, as optional
RMP data elements: local emergency
planning committee (LEPC), source (or
parent company) E-mail address, source
homepage address, phone number at the
source for public inquiries, and OSHA
Voluntary Protection Program (VPP)
status. EPA also proposed to add, as
mandatory data elements: method and
description of latitude/longitude, Title
V permit number, percent weight of a
toxic substance in a liquid mixture, and
NAICS code (only in the five-year
accident history section).
Commenters generally supported the
new optional data elements. One
commenter requested that the optional
elements be made mandatory. EPA
disagrees with this comment. While the
elements are useful, many sources
covered by this rule will not have e-mail
addresses or home pages. The RMP will
provide both addresses and phone
numbers so that the public will have
methods to/each the source. EPA has
learned that in some areas there are no
functioning LEPCs, therefore, at this
time, EPA will not add this as a
mandatory data element. However, in
most cases, the LEPC for an area can be
determined by contacting the local
government or the State Emergency
Response Commission (SERC) for which
the area is located. Therefore, reporting
these data elements will remain
optional at this time.
One commenter supported adding the
listing of local emergency planning
committee in the RMP data elements as
an optional data element. The
commenter stated that, although it is an
optional data element, this listing will
enhance the ability, of local responders
and emergency planners to adequately
prepare and train for emergency events.
Of the data elements that were
proposed to be mandatory, one
commenter objected to the addition of
latitude/longitude method and
description. The commenter stated that
it was not clear in the proposal why the
method and description information is
needed. EPA is seeking latitude/
longitude method and description in
accordance with its Locational Data
Policy. Several EPA regulations require
sources to provide their latitude and
longitude, so that EPA can more readily
locate facilities and communicate data
between Agency offices. Sharing of data
between EPA offices reduces
duplication of information. Latitude/
longitude method and description
provides information needed by EPA
offices, and other users of the data, to
rectify discrepancies that may appear in
the latitude and longitude information
provided by the source under various
EPA requirements. Documentation of
the method by which the latitude and
longitude are determined and a
description of the location point
referenced by the latitude and longitude
(e.g., administration building) will
permit data users to evaluate the
accuracy of those coordinates, thus
addressing EPA data sharing and
integration objectives.
EPA believes this information will
also facilitate EPA-State coordination of
environmental programs, including the •
chemical accident prevention rule. The
State/EPA Data Management Program is
a successful multi-year initiative linking
State environmental regulatory agencies
and EPA in cooperative action. The
Program's goals include improvements
in data quality and data integration
based on location identification.
Therefore, as proposed, the latitude/
longitude method and description will
be added to the existing RMP data
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Federal Register / Vol. 64, No. 3/Wednesday, January 6, 1999/Rules and Regulations
967
elements. RMP*Submit will provide a
list of methods and descriptions from
which sources may choose.
EPA also proposed-to require that
sources report the percentage weight
(weight percent) of a toxic substance in
a mixture in the offsite consequence
- analysis (OCA) and the accident history
sections of the'RMP. This information is-
necessary for users of RMP data to
understand how worst case and
alternative release scenarios have been
modeled. EPA has decided to require
reporting of the weight percent of toxic
substance in a liquid mixture because
this information is necessary to
understand the volatilization rate,
which determines the downwind
dispersion distance of the substance.
The volatilization rate is affected by the
vapor pressure of the substance in'the
mixture. For example, a spill of 70
percent hydrofluoric acid (HF) will
volatilize more quickly than a spill of
the same quantity of HF in a 50 percent
solution; consequently, over a 10-
minute period, the 70 percent solution
will travel further. Reviewers of the
RMP data, including local emergency
planning committees, need to know the
weight percent to be able to evaluate the
results reported in the offsite
consequence analysis and the impacts
reported in the accident history.
Without knowing the weight percent of
the substance in the mixture, users of
the data may compare scenarios or
incidents that appear to involve the
same chemical in the same physical
state, but in fact involve the same
chemical held in a different physical
state.
One commenter stated that for gas
mixtures, percentage by volume (or
volume percent) should be required to
be reported rather than weight percent.
In this final rule, EPA does not require
reporting of the weight percent (or
volume percent) of a regulated
substance in a gas mixture. If a source
handles regulated substances in a
gaseous mixture (e.g., chlorine with
hydrogen chloride), the'quantity of a
particular regulated substance in the
mixture is what is reported in the RMP,
since that is what would be released
into the air. Its percentage weight in the
mixture is irrelevant.
Another commenter objected to this
data element, claiming that it could
result in reverse engineering and create
a competitive disadvantage, EPA does
not believe that this requirement would
create a competitive disadvantage, since
similar information is available to the
public under Emergency Planning and
Community.Right-to-Know Act (EPCRA)
of 1986. Even so, if it were to have such •
an effect, sources can claim this element
as CBI if it can meet the criteria for CBI
claims in 40 CFR Part 2. Another
commenter stated that the public would
be concerned if the percentages did not
add to 100, in the event that the sour'ce
handles both regulated and non-
regulated substances. EPA believes that
because a source must model only one
substance in a release scenario, the
source r^eed not report the percentages
of the other substances in the mixture.
Therefore, it .is expected that the weight
percent for mixtures would not always
add up to 100, because the mixture
could contain non-regulated substances.
A third commenter suggested that
requiring sources to report percentage
weight of a toxic substance in a liquid
mixture wo.uld create confusion with
the reporting pf mixtures containing
flammable regulated substances.
In the January 6, 1998 rule (63 FR
640), EPA clarified that flammable
regulated substances in mixtures are ,
only covered by the RMP rule if the
entire mixture meets the National Fire
Protection Association (NFPA) criteria
of 4, thus the entire mixture becomes
the regulated substance. As a result, the
percentage of flammables in a mixture is
not relevant under the rule and the
requirement to report the percentage
weight will only apply to toxic
substances in a liquid mixture.
Finally, in the Federal Register notice
of June 20, 1996 (61 FR 31688), EPA
clarified the relationship between the
risk management program and the air
permit program under Title V of the
CAA for sources subject to both
requirements. Under section
502(b)(5)(A), permitting authorities
must have the authority to assure
compliance by all covered sources with
each applicable CAA standard,
regulation or requirement, including the
regulations implementing section
112(r) (7): Requiring sources covered by
Title V and section 112 (r) to provide
their Title V permit number will help
Title V permitting authorities assure
that each source is complying with the
RMP rule.
In summary, with the exception of
adding the phrase "that most closely
corresponds to the process" in sections
68.42(b)(4), 68.160(b)(7), 68.170(b). and
68.175(b), EPA has decided to finalize
the optional and mandatory data . :
elements as they were proposed.
C. Prevention Program Reporting
The final RMP rule, issued June 20,
1996 (61 FR 31668), requires sources to
report their prevention program for each
"process." Because the applicable
definition of "process" is broad,
multiple production and storage units
might be a single, complex "process."
However, the Agency realizes that some
elements of a source's prevention
program for a'process may not be
applicable to every portion of the
process. In such a situation, reporting
prevention program information for the '
process as a whole could be misleading
without an explanation of which
prevention program element applies to ,
which part of the process. In order to get
more specific information on which
prevention program practices apply to
different production and storage units
within a process, EPA proposed to
revise the rule to require prevention
program reporting for each part.of the
process for which a separate process
hazard analysis (PHA) or hazard review
'was conducted. EPA further proposed
deleting the second sentence from both
sections 68.170(a) and 68.175(a), which
presently states that, "[i]f the same
information applies to more than one
covered process, the owner or operator
may provide the information only once,
but shall indicate to which process the
information applies."
A number of. industry.commenters
objected to the proposed revisions as
wrongly assuming that a one-to-one '
relationship exists between a prevention
program and a PHA. The commenters
asserted that EPA's proposed revision
did not reflect how facilities conduct
PHAs or implement prevention
measures and would cause significant
duplicate reporting, creating
unnecessary extra work for facility
personnel. One commenter explained
that depending on a source's
circumstances, it might conduct a PHA
for each production line, including all
of its different units, or it might conduct
a PHA for each common element of its
different production lines. Accordingly, '
the commenters claimed that EPA's
proposal to require the owner/operator
to submit separate prevention program
information for every portion of a
process covered by a PHA would result
in multiple submissions of much of the
same material, and would add no value
to process safety or accidental release
prevention. Commenters also opposed
the deletion of the second sentence in
sections 68.170(a) and 68.175(a). One
commenter noted that many of the
elements of the prevention program will
not only be common to a process, but
will be common to an entire stationary
source. Thus commenters argued that
EPA's proposals would result in
redundant submittals and place an
unjustified burden on the regulated
community. '•
EPA acknowledges that PHAs do not
necessarily determine the scope of
prevention program measures..
Moreover, EPA agrees that duplicative
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968 Federal Register/Vol. 64, No. 3/Wednesday, January 6, 1999/Rules and Regulations
Reporting should be reduced as much as
possible. At the same time, EPA,
Implementing agencies, and other users
of RMP data need to have information
that is detailed enough to understand
the hazards posed by. and the safety
practices used for, particular parts of
processes and equipment. EPA
recognizes that some aspects of
prevention programs are likely to be
implemented facility-wide, rather than
on a process or unit basis, whereas other
aspects may apply to a particular
process or only to particular units
within a process. For example, most
sources are likely to develop an
erttployee participation plan and a
system fpr hot work permits facility-
wide, rather than on a process or unit
basis. Forsources having processes that
include several units (e.g.. multiple
reactors or purification systems), the
hazards, process controls, and
mitigation systems may vary among the
Individual units. For example, one may
feye a deluge fire control system while
another may have a runaway reaction
quench system.
EPA has concluded that its proposed
changes to prevention program
reporting would not lead sources to
prepare RMPs that accurately and
efficiently communicate the hazards
posed by different aspects of covered
pfoce^se'S arid the safety practices used
to address those hazards. The Agency
now believes that no rule changes are
necessary to ensure that RMPs convey
that Information. The current rule
already requires prevention program
reporting, arid the issue has been how
to efficiently convey that information in
sufficient detail. EPA believes that its
electronic program ^submitting RMPs
can be designed to provide for sufficient
specificity in prevention program
reporting without requiring duplicative
reporting. In particular, the Agency
plans to create a comment/text field in
RMP*Submit for specifying which parts
of a prevention program apply to which
portions of a particular process. For
example. If a deluge system only applies
tg a certain part of the overall process,
the source would indicate in the
CQmmenj/lext screen the portions of the
process lo which the deluge system
applies.
'm ;Tp reduce the, burden of .reporting,
:1PA alsoplahs'to" create a function in
RMP*SubrnIt which will allow a source
Sg auiornatlcally copy prevention
program['"clata previously entered for one
p?ocei$ 15 fill blank fields in another
process's prevention program. The
source could then edit any of the data
elements that are different. For example,
yfhe^e the prevention programs for two
processes" are identical (e.g., two
identical storage tanks that are
considered separate processes), the
source could copy the data entered for
one to fill in the blank field for the
other. If some of the data elements vary
between the prevention programs, the
source will be able to autofill and
change only those items that vary
among processes or units.
Although the autofill option will
minimize the burden of reporting
common data elements for those sources
filing electronically, EPA has decided
not to delete the sentence, in both
sections 68.170(a) and 68.175(a), which
states, "[i]f the same information applies
to more than one covered process, the
owner or operator may provide the
information only once, but shall
indicate to which processes the
information applies ", as proposed.
D. Confidential Business Information
(CBI)
I. Background
A central element of the chemical
accident prevention program as
established by the Clean Air Act and
implemented by Part 68 is providing
state and local governments and the
public with information about the risk
of chemical accidents in their
communities and what stationary
sources are doing to prevent such
accidents. As explained in the preamble
to the final RMP rule (61 FR 31668, June
20, 1996), every covered stationary
source is required to develop and
implement a risk management program
and provide information about that
program in its RMP. Under CAA section
112 (r) (7) (B) (iii), a source's RMP must be
registered with EPA and also submitted
to the Federal Chemical Safety and
Hazard Investigation Board ("the
Board"), the state in which the source
is located, and any local entity
responsible for emergency response or
planning. That section also provides
that RMPs "shall be available to the
public under section 114(c)" of the
CAA. Section 114 (c) gives the public
access to information obtained under
the Clean Air Act except for information
(other than emission data) that would
divulge trade secrets.
As noted previously, in the final RMP
rule EPA announced its plan to develop
a centralized system for submitting
electronic versions of RMPs that would
reduce the paperwork burden on both
industry and receiving agencies and
provide ready public access to RMP
data. Under the system, a covered
source would submit its RMP on
computer diskette, which would be
entered into a central database that all
interested parties could access
electronically. The system would thus
make it possible for a single RMP
submission to reach all interested
parties, including those identified in
section 112(r) (7) (B) (iii).'
An important assumption underlying
the Agency's central submission plan
was that RMPs would rarely, if ever,
contain confidential business
information (CBI). Following
publication of the final rule, concerns
were raised that at least some of the
information required to be reported in
RMPs could be CBI in the case of
particular sources. While the June 20,
1996 rule provided for protection of CBI
under section 114(c) (see section
68.210(a)), EPA was asked to address
how CBI would be protected in the
' context of the electronic programs being
developed for RMP submission and
public access.
In the April 17, 1998 proposal to
revise the RMP rule, EPA made several
proposals concerning protection of CBI.
It first reviewed the information
requirements for RMPs (sections
68.155-185) and proposed to find that
certain required data elements would
not entail divulging information that
could meet the test for CBI set forth in
the Agency's comprehensive CBI
regulations at 40 CFR Part 2.2
Information provided in response to
those requirements could not be
claimed CBI. EPA also requested
comment on whether some information
that might be claimed as CBI (e.g.,
worst-case release rate or duration)
would be "emission data" and thus
publicly available under section 114(c)
even if CBI.
EPA administers a variety of statutes
pertaining to the protection of the
environment, each with its own data
collection requirements and
requirements for disclosure of
information to the public. In the
implementation of these statutes, the
Agency collects emission, chemical,
process, waste stream, financial, and
other data from facilities in many, if not
most, sectors of American business.
Companies may consider some of this
information vital to their competitive
1 It is important to note that, as discussed in
Section HI. E of this preamble, this rule does not
address issues concerning public access to offsite
consequence analysis data in the RMP.
2 Information is CBI if (1) the business has
asserted a claim which has not expired, been
waived, or been withdrawn; (2) the business has
shown that it has taken and will continue to take
reasonable steps to protect the information from
disclosure; (3) the information is not and has not
been reasonably obtainable by the public (other
than governmental bodies) by use of legitimate
means; (4) no statute requires disclosure of the
information; and (5) disclosure of the information
is likely to cause substantial harm to the business'
competitive position. 40 CFR section 2.208.
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969
position, and claim it as confidential
business information (CBI).
, In the course of implementing
statutes, the Agency may have a need to
communicate some or all of the
information it collects to the public as
' the basis for a rulemaking, to its
contractors, or in response to requests
pursuant to the Freedom of Information
Act (FOIA). Information found to be CBI
is exempt from disclosure under FOIA.
To manage both CBI claims and FOIA
requests, EPA has promulgated in 40
CFR Part 2, Subpart B a set of
procedures for reviewing CBI claims,
releasing information found not to be
CBI, and where authorized, disclosing
CBI. Subpart B lists the criteria that
information must meet in order to be
considered CBI, as well as the special
handling requirements the Agency must
follow when disclosing CBI to
authorized representatives.
For RMP requirements that might
entail divulging CBI, EPA proposed that
a source be required to substantiate a
CBI claim to EPA at the time that it
makes the claim. Under EPA's Part 2
regulations, a source claiming CBI
generally is required to substantiate the
claim only when EPA needs to make the
information public as part of some
proceeding (e.g., a rulemaking) or EPA
receives a request from the public (e.g.,
under the Freedom of Information Act
(FOIA)) for the information, In view of
the public information function of RMPs
and the interest already expressed by
members of the public in them, EPA
. proposed "up-front substantiation" of'
CBI claims to ensure that information
not meeting CBI criteria would be made
available to the public as soon as
possible. This approach of requiring up-
front substantiation is the same as that
used for trade secret claims filed under
the Emergency Planning and
Community Right-to-Know Act (EPCRA)
of 1986.3
^ Section 302 of EPCRA (codified in 40 CFR Part
355) requires any facility having more than a
threshold planning quantity of an extremely
hazardous substance (EHS) to notify its state
emergency response commission (SERC) and local
emergency planning committee (LEPC) that the
facility is subject to emergency planning. The vast
majority of toxic substances listed in 40 CFR
Section 68.130 were taken from the EHS list.
Section 303 of EPCRA requires LEPCs to prepare an
emergency response plan for the community that is
under their jurisdiction. Section 303 of EPCRA also
requires that facilities subject to section 302 shall
provide any information required by their LEPC
necessary for developing and implementing the
emergency plan. Section 304 of EPCRA requires an
immediate notification of a release of an EHS or
Hazardous Substances listed in 40 CFR Section
302.4 above a reportable quantity to state and local
entities. Section 304 also requires a written follow-
up which includes among other things, the
chemical name, quantity released and any known
or anticipated health' risks associated with the
In addition, EPA proposed that any
source claiming CBI submit two
versions of its RMP: (1) a redacted
("sanitized"), electronic version, which
would become part of RMP*Info, and (2)
an unsanitized (unredacted) paper copy
of the RMP (see proposed section
68.151 (c)). The electronic database of
RMPs would contain only the redacted
version unless and until EPA ruled
against all or part of the source's CBI
claim, in keeping with the Part 2
procedures. In this way, the public
would have access only to the non-CBI
elements of sources' RMPs. EPA further
stated that state and local agencies
could receive the unredacted RMPs by
requesting them from EPA under the
Part 2 regulations. Those regulations
authorize EPA to provide CBI to an
agency having implementation
responsibilities under the CAA if the
agency either demonstrates that it has
the authority under state or local law to
compel such information directly from
the source or that it Will "provide
adequate protection to the interests of
affected businesses" (40 CFR
2.301 (h) (3)).
The following sections of this
preamble summarize and respond to the
comments EPA received on the CBI-
related aspects of its proposal. At the
outset, however, EPA wants to
' emphasize that it does not anticipate
many CBI claims being made in
connection with RMPs. The Agency
developed the RMP data elements with
the issue of CBI in mind. It sought to
define data elements that would provide
basic information about a source's risk
management program without requiring
it to reveal CBI. To have done otherwise
would have risked creating RMPs that
were largely unavailable to the public.
EPA continues to believe that the
required RMP data elements will rarely
require that a business divulge CBI. The
Agency will carefully monitor the CBI
claims made. If it appears that the
number of claims being made is
jeopardizing the public information
release. Sections 311 and 312 of EPCRA (codified
in 40 CFR Part 370) require facilities that are subject
" to OSHA Hazard Communication Standard (HCS),
to provide information to its SERC, LEPC and local
fire department. This information includes the
hazards posed by its chemicals, arid inventory
information, including average daily amount,
maximum quantity and general location. Section
313 of EPCRA (codified in 40 CFR Part 372)
requires certain facilities that are in specific
industries (including chemical manufacturers), and
that manufacture, process, or otherwise use a toxic
chemical above specified threshold amounts to
report, among other things, the annual quantity of
the toxic chemical entering each environmental
medium. Most facilities covered by CAA 112(r) are
covered by one or more of these sections of EPCRA.
Section 322 of EPCRA (codified in Part 350) allows
facilities to claim only the chemical identity as
trade secret.
objective of the chemical accident
prevention program, EPA will consider
ways of revising RMPs, including
further rulemakings or revising the
underlying program, to ensure that
important health and safety information
is available to the public.
2. RMP Data Elements Found Not CBI
Fifteen commenters representing
environmental groups and members of
the pubHc opposed allowing some or all
RMP data to be claimed as CBI in light
of the public's interest in the
information RMPs will provide. A
number of commenters urged EPA not
to allow the following RMP data
elements (and supporting documents) to
be claimed as CBI:
• Mitigation measures considered by
the firm in its offsite consequence
analysis,
• Major process hazards identified by
the firm,
• Process controls in use,
• Mitigation systems in use,
• Monitoring and detection systems
in use, and
• Changes since the last hazard
review.
In addition, one commenter
contended that even chemical identity
and quantity should be ineligible for
CBI protection, since the requirement to
submit an RMP only applies to facilities
using a few well-known, extremely
hazardous chemicals, and the public's
right to know should always outweigh
a company's claim to CBI.
Along the same lines, a number of
commenters urged EPA to develop a
"corporate sunshine rule" that would
allow confidentiality concerns to be
overridden if the protected information
is needed by the public and experts to
understand and assess safety issues.
Another commenter recommended that
a business claiming a chemical's
identity as CBI should be required to
provide the generic name of the
chemical and information about its
adverse health effects so the public can
determine the potential risks.
One commenter argued that some of
the RMP data that EPA suggested could
reveal CBI, (e.g., release rate), were not
"emission data," because the worst case
scenario data are theoretical estimates,
and do not represent any real emissions,
past or present.
Representatives of the chemical and
petroleum industries disagreed with
EPA's proposal to list the data elements
that EPA believed could not reveal CBI
in any case. These commenters asserted.
that EPA could not anticipate all the
ways in which information required by
a data element might reveal CBI, and
accordingly urged the Agency to make
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970 Federal Register/Vol. 64, No. 3/Wednesday, January 6, 1999/Rules and Regulations
case-by-case determinations on CBI
claims. They also contended that
"emission data" under section 114(c)
does not extend to data on possible, as
opposed to actual, emissions, and thus
potential accidental releases would not
qualify as "emission data," which must
be made gyallible to the public.
As pointed out above, an important
purpose of the chemical accident
prevention program required by section
112(r) is to inform the public of the risk
of accidents in their communities, and
the methods sources are employing to
reduce such risks. EPA therefore
bej leves that as much RMP data as
possible should be available to the
public as soon as possible. However,
section 112(r)(7)(B)(iii) requires that
RMPs be made "available to the public
under section 114(c)t" which provides
for protection of trade secret
information (other than emission data).
Given the statute's direction to protect
whatever trade secret information is
cpljtajnedj.nanRMP,.,EPA is not
authorized" "to" release such" information
even when the public's need for such
information arguably outweighs a
business' interest in .its, confidentiality.
The Agency also cannot issue a
"corporate sunshine rule" that conflicts
with existing law requiring EPA (and
OJlJejr agencies) to protect trade secret
Information.
As explained above (and in more
detail in the proposed rule), EPA
examined each RMP data element to
deyjrmjng...wh.lcli..would require
Information that might, depending on a
business' circumstances, meet the CBI
criteria set forth in EPA's regulations
Implementing section 114(c) and other
information-related legal requirements.
The point of this exercise was to both
protect potential trade "secret
information and promote the public
information purpose of RMPs by
Identifying which RMP information
rillght reveal CBI in a particular case and
by precluding CBI claims for
information that could not reveal CBI in
any case. EPA presented the results of
its analysis and an explanation of why
certain data elements could entail the
reporting of CBI depending on a
business' circumstances and why others
could not. No commenter provided any
specific examples or explanations that
contradicted the Agency's rationale for
its determinations of which data
elements could or could not result in
reporting of CBI.
However, EPA is deleting from the list
of 40 CFR Part 68.15 l(b)(l) the reference
to 40 CFR Part 68.160(b)(9). to allow for
the possibility of the number of full-
time employees at the stationary source
to be claimed as CBI. Upon further
review, EPA was unable to determine
that providing the number of employees
at the stationary source could never
entail divulging information that could
meet the test for CBI set forth in the
Agency's comprehensive CBI
regulations at 40 CFR Part 2. Therefore,
EPA has removed this element from the
list of data elements that can not be
claimed CBI in Part 68. With this
exception, EPA is promulgating the list
of RMP data elements for which CBI
claims are precluded, as proposed
(Section 68.151 (b)).
EPA's justifications for its specific CBI
findings appear in an appendix to this
preamble. A more detailed analysis of
all RMP data elements and CBI
determinations is available in the docket
(see ADDRESSES). The Agency continues
to find no reasonable basis for
anticipating that the listed elements will
in any case require a business to reveal
CBI that is not "emission data." The
information required by each of the
listed data elements either fails to meet
the..criteria fqj-.CJBI set,forth,.in EPA^s...
CBI regulations at Part 2 or meets the
Part 2 definition of "emission data." In
many cases, the information is available
to the public through other reports filed
with EPA, states, or local agencies (e.g.,
reports required by Emergency Planning
and Community Right-to-Know Act
(EPCRA) sections 312 and 313 provide
general facility identification
information and reports of most
accidental releases are available through
several Federal databases including
EPA's Emergency Release Notification
System and Accidental Release
Information Program databases).
In order to preclude CBI claims for
other data elements, the Agency would
have to show that the information
required by a data element either was
"emission data" under section 114(c) or
could not, under any circumstances,
reveal CBI. As explained below, EPA
does not believe such a showing can be
made for any of the data elements not
on the list. Therefore, CBI claims made
for information required by data
elements not on the list will be
evaluated on a case-by-case basis
according to the procedures contained
in 40 CFR Part 2 (except that
substantiation will have to accompany
the claims, as discussed below)T
The Agency agrees with the
commenters who argued that
information about potential accidental
releases is not "emission data" under
section 114(c). EPA's existing policy
statement (see 56 FR 7042, Feb. 21,
1991) on what information may be
considered "emission data" was
developed to implement sections 110
and 114 (a) of the CAA, which the
Agency generally invokes when it seeks
to gather technical data from a source
about its actual emissions to the air.
While the policy is not explicitly
limited in its scope, EPA believes it
would be inappropriate to apply it to
RMP data elements concerning
hypothetical, as opposed to actual,
releases to the air. Under the definition
of "emission data" contained in Part 2,
information is "emission data" if it is (1)
"necessary to determine the identity,
amount, frequency, concentration, or
other characteristics * * * of any
emission which has been emitted by the
source," (2) "necessary to determine the
identity, amount, frequency,
concentration, or other characteristics
* * * of the emissions which, under an
applicable standard or limitation, the
source was authorized to emit," or (3)
general facility identification
information regarding the source which
distinguishes it from other sources (40
CFR section 2.301 (a)(2)(i) (emphasis
added)). Under these criteria, EPA has
concluded that only the RMP data
elements relating to source-level
registration information (sections
68.160(b)(l)-(6), (8)-(13)) and the five-
year accident history (section 68.168)
are "emission data." Of the RMP data
elements, only the five-year accident
history involves actual, past emissions
to the environment; the other data
elements would not, therefore, qualify
as "emission data" under the first prong
of the Part 2 definition. Moreover, the
data elements relating to a source's
offsite consequence analysis, prevention
program and emergency response
program do not attempt to identify or
otherwise reflect "authorized"
emissions; the data elements instead
reflect the source's potential for
accidental releases. Accordingly, these
data elements would not be "emission
data" under the second prong of the
definition. As for the third prong, some
of the source-level data are "emission
data" because they help identify a
source. Most other RMP data elements
are reported on a process level and are
not generally used to distinguish one
source from another.
The Agency believes it is unable to
show that the remaining data elements
could not, under any circumstances,
reveal CBI. EPA continues to believe
that it is theoretically possible for the
remaining data elements (the elements
not listed in section 68.151(b)) to reveal
CBI either directly or through reverse
engineering, depending on the
circumstances of a particular case. At
the same time, EPA believes that, in
practice, the remaining data elements
will rarely reveal CBI. The purpose of
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971
the data in the RMP is for a source to
articulate its hazards, and the steps it
takes to prevent accidental releases. In
general, the kinds of information
specifying the source's hazards and risk
management program are not likely to
be competitively sensitive.
In particular, covered processes at the
vast majority of stationary sources
subject to the RMP rule are too,common
and well-known to support a CBI claim
for information related to such
processes. For example, covered public
drinking water and wastewater
treatment plants generally use common
regulated substances in standard
processes (i.e., chlorine used for
disinfection). Also, covered processes at
many sources involve the storage of
regulated substances that the sources
.. sell (e.g., propane, ammonia), so the
processes are already public knowledge.
Other covered processes involve the use
of well-known combinations of 1
regulated substances such as
refrigerants. RMP information regarding
these types of processes should not
include CBI.
Even in the case of unusual or unique
processes, it is generally unlikely that
RMP information could be used to
; reveal CBI through reverse engineering.
To begin with, required RMP
information is general enough that it is
unlikely to provide a basis for reverse
engineering a process. For example, a
source must report in its RMP whether
overpressurization is a hazard and
whether relief valves are used to control
pressure, but it is not required to report
information on actual pressures used,
^flow rates, chemical composition, or the
configuration of equipment. Moreover,
while RMP information may provide
some data that could be used in an
attempt to discover CBI information
through reverse engineering, it typically
will not provide enough data for such
an attempt to succeed, because the
source is not required to provide a
detailed description of the chemistry or
production volume of the process,
Businesses claiming CBI based on the
threat of reverse engineering will be
required to show how reverse
engineering could, in fact succeed with
the information that the RMP would
otherwise make public, together with
other publicly available information. A
business unable to do so will have its
claim denied.
. While EPA is requiring that a source
claiming a chemical's identity as CBI
provide the generic category or class
name of the chemical, the RMP does not
require sources to provide information
about the adverse health effects of the
chemical. Chemicals were included in
the section 112(r) program because they
are acutely toxic or flammable; health
effects related to chronic exposure were
not considered because they are
addressed by other rules (see List Rule
at 59 FR 4481). EPA believes that
generic names are sufficient to indicate
the general health concerns from short-
term exposures. Should a member of the
public desire more information, EPA
encourages the use of EPCRA section
322 (h), which provides a means for the
public to obtain information about the
adverse health effects of a chemical
covered by that statute, where the
chemical's identity has been claimed a
trade secret. The public will find this
provision of EPCRA useful because most
sources subject to the ,RMP rule are also
subject to EPCRA.
3. Up-front Substantiation of CBI Claims
One commenter supported .the
proposal to require CBI claims to be
substantiated at the time they are made.
Another commenter stated that there is
no compelling need to require up-front
substantiation. The commenter stated
that up-front substantiation would place
a sizable burden on both industry and
EPA and would be in direct conflict
with the Paperwork-Reduction Act. The
commenter claimed that, with the
exception of EPCRA, where a submitter
is allowed to claim only one data
element—chemical identity—as CBI, it
is EPA's standard procedure not to
require submitters to provide written
substantiation unless a record has been
requested. Further, the commenter
stated that the Agency has not shown
any reason for departing from that
procedure in this rule.
EPA believes that requiring up-front
.substantiation of CBI claims made for
RMP data has ample precedent, is fully
consistent with the Agency's CBI
regulations and the Paperwork
Reduction Act, and is critical to
achieving the public information
purposes of the accident prevention '
program. EPCRA is not the only
example of an up-front substantiation
requirement. The Agency has also
required up-front substantiation in
several other regulatory contexts,
including those where, like here,
providing the public with health and
safety information is an important
objective [see e.g., 40 CFR section
725.94, 40 CFR section 710.38, and 40
CFR section 720.85 (regulations
promulgated under Toxic Substances
Control Act)].
Even under its general CBI
regulations, the Agency need not wait,
for a request to release data to require
businesses to substantiate their CBI
claims. When EPA expects to get a
request to release data claimed
confidential, the-Agency is to initiate
'^at the earliest practicable time'jthe
regulations" procedures for making CBI
determinations (40 CFR section
. 2.204 (a) (3)). Those procedures include
calling on affected businesses to-
substantiate their claims (see 40 CFR
section 2.204(e))l Since state and local
agencies, environmental groups,
academics and others have already
indicated their interest in obtaining
complete RMP data (see comments
received on this rulemaking, available
in the DOCKET), EPA fully expects to
get requests for RMP data claimed CBI.
Consequently, even if EPA did not
establish an up-front substantiation
requirement in this rule, under the
Agency's general CBIregulations it
could require businesses claiming CBI
for RMP data to 'substantiate their claims
without first receiving a request to
release the data. Establishing an up- ,
front requirement in this rule will
simply allow EPA to obtain
substantiation of CBI claims without
having to request it in every instance.
Requiring up-front substantiation for
RMP CBI claims is consistent with the
Paperwork Reduction Act. Any burden
posed by this requirement has already
been evaluated as part of the
Information Collection Request (ICR)
associated with this rulemaking. EPA
disagrees that up-front substantiation
will impose a substantial or undue
burden. As noted above, under EPA's
current CBI regulations, a source
claiming CBI could and probably would
be required to provide substantiation for
its claim, in view of the public interest
in RMP information. A requirement to
submit substantiation with the claim
should thus make little difference to the
source. Moreover, a source presumably
does not make any claim of CBI lightly.
Before filing a CBI claim, the source
must first determine whether the claim
meets the criteria specified in 40 CFR
section 2.208. Up-front substantiation
only requires that the source document
that determination at the time it files its
claim. Since it would be sensible for a
source to document the basis of its CBI
claim for its own purposes (e.g., in the "
case of a request for substantiation),
EPA expects that many sources already
prepare documentation for their CBI
claims by the time they file them. Also,
submitting substantiation at the time of
claim reduces any additional burden
later, such as reviewing the Agency's
request, retrieving the relevant
information, etc. Therefore, providing
documentation at the time of filing
should impose no additional burden.
In view of the public information
function of RMPs, EPA believes that up-
front substantiation is clearly warranted
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for CBI claims made for RMP data. Up-
front substantiation will ensure that
Sources filing claims have carefully
considered whether the data they seek
to protect in fact meets the criteria for
protection. Given the public interest
already expressed in RMP data, EPA
'expects that CBI claims for RMP data
will havei to be substantiates at some
point. Up-front substantiation will save
EPA and the public time and resources
1 that wqujcjf otherwise be required to
"'respond tpeacfiCBI claim with a
request for substantiation. EPA is
therefore promulgating the up-front
substantiation requirement as proposed.
4. State and Local Agency Access to
Unredacted RMPs
One commenter objected to EPA's
statement In the proposal that it would
pfdvide unredacted (unsanitized)
versions of the RMPs to a state and local
agency only upon meeting the criteria
required by the EPA's CBI rules at 40
CFR Part 2.* The commenter, an
association of fire fighters, argued that
the Agency's position was inconsistent
with CAA section 112(r)(7)(B)(iii),
which provides that RMPs "shall... be
submitted to the Chemical Safety and
Hazard Investigation Board [a federal
agency), to the State in which the
stationary source is located, and to any
local agency or entity having
responsibility for planning for or
responding to accidental releases which
may occur at such source " The
commenter claimed that this provision
entitles the specified entities, including
local fire departments, to receive
unredacted RMPs without having to
make the showings required by EPA's
CBI regulations.
EPA is not resolving this issue today.
The Agency has reviewed the relevant
statutory lext and legislative history, as
well as analogous provisions of EPCRA,
and believes that arguments can be
made on both sides of this issue. While
section 112(r)(7)(B)(iii) calls for RMPs to
be submitted to states, local entities and
the Board, it is not clear that Congress
intended CBI contained in RMPs to be
provided to those entities without
ensuring appropriate protection of CBI.
* Section 2.301 (h)(3) provides thai a State or local
government may obtain CBI from EPA under two
circumstances; (1) it provides EPA a written
opinion from its chief legal officer or counsel
Mil ing thai (he State or local agency has the
authority under applicable State or local law to
compel (he business Id disclose the information
directly, or (2} the businesses whose information is
disclosed arc- informed and the State or local
government has shown to a EPA legal office's •
satisfaction thai Its disclosure of the information
Will be governed by State or local law and by
"procedures which will provide adequate
protection to the interests of affected businesses."
At stake in resolving this issue are two
important interests—local responders'
interest in unrestricted access t6
information that may be critical to their
safety and effectiveness in responding to
emergencies and businesses' interest in
protecting sensitive information from
their competitors. Before making a final
" decision on this issue, EPA believes it
would benefit from further public input.
Because EPA stated that it would not
provide unredacted RMPs to states and
local agencies, those interested in
protecting CBI may not have considered
it necessary to lay out the legal and
policy arguments supporting their
views. State and local agencies, many of
which in the past have expressed
concern about the potential
administrative burden of receiving
RMPs directly from sources, also did not
comment on the issue. EPA has
therefore decided to accept additional
comments on this issue alone.
(Additional comments on any othef
issues addressed in this rulemaking will
not be considered or addressed; since
the Agency is taking final action on
them here.) Comments should be mailed
to the persons listed in the preceding
FOR FURTHER INFORMATION CONTACT
section. In the meantime, unredacted
RMPs will be available to states, local
agencies and the Board under the terms
of the Agency's existing CBI regulations
at 40 CFR section 2.301 (h) (3) (for state
and local agencies) and 40 CFR section
2.209(c) (for the Board).
Section 112(r)(7)(B)(iii) states in
relevant part:
[RMPs] shall also be submitted to the
Chemical Safety and Hazard Investigation
Board, to the State in which the stationary
source is located, and to any local agency or
entity having responsibility for planning for.
or responding to accidental releases which
may occur at such source, and shall be
available to the public under section 114(c)
of [the Act].
Section 114(c) provides for the public
availability of any information obtained
by EPA under the Clean Air Act, except
for information (other than emissions
data) that would divulge trade secrets.
• From a public policy perspective,
there are some obvious advantages to
reading section 112(r)(7)(B)(iii) in the
way the commenter suggests. Local fire
departments and other local responders
are typically the first to arrive at the
scene of chemical accidents in their
jurisdictions. RMP information that first
responders could find helpful include
chemical identity, chemical quantity,
and potential source of an accident.
Under EPA's regulations, however, any
or all of this information could be
claimed CBI. In addition; state and local
authorities are often in the best position
to assess the adequacy of a source's risk
management program and to initiate a
dialogue with the facility should its
RMP indicate a need for improvement.
However, state and local authorities'
ability to provide this contribution to
community safety would be impeded to
the extent a source claimed key
information as CBI. While states and
local agencies may obtain information
claimed CBI under EPA's CBI
regulations (assuming they can make the
requisite showing), the time required to
obtain the necessary authority or
findings from state or local and EPA
officials could be substantial.
At the same time, there are also, public
policy reasons for ensuring protection of
CBI contained in RMPs. Congress has in
many statutes, including the CAA and
EPCRA, provided for the protection of
trade secrets to safeguard the
competitive position of private
businesses. Businesses' ability to
maintain the confidentiality of trade
secrets helps ensure competition in the
U.S. economy and U.S. businesses'
competitive position in the world
economy. Protection of trade secrets
also encourages innovation, which is an
important contributor to economic
growth.
A reading of section 112 (r) (7) (B) (iii)
that demands submission of unredacted
RMPs to states, local entities, and the
Board may lead to widespread public
access to information claimed CBI. For
purposes of section 112(r)(7)(B)(iii),
"any local agency or entity having
responsibility for planning for or
responding to accidental releases"
includes local emergency planning
committees (LEPCs) established under
EPCRA. Section 301 (c) of EPCRA
provides that LEPCs must include
representatives from both the public and
private sectors, including the media and
facilities subject to EPCRA
requirements. Submission of an
unredacted RMP to an LEPC would thus
entail release of CBI to some members
of the public and potentially even
competitors.5 More generally, local
agencies may not be subject to any legal
requirement to protect CBI and may lack
the knowledge and resources to address
CBI claims. Arguably, it would be
5 EPA does not believe that submission of an RMP
containing CBI to the. statutorily specified entities
would defeat a source's ability to claim information
as CBI for purposes of section 114(c) and EPA's CBI
regulations. Under those regulations, information
that has been released to the public cannot be
claimed CBI. Release of a RMP containing CBI to
the entities specified by section 112(r)(7)(B)(iii),
including LEPCs, would not constitute such a
release. EPCRA similarly provides that disclosure of
trade secret information to an LEPC does hot
prevent a facility from claiming the information
confidential (see EPCRA section 322(b)(l)).
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. Federal Register/Vol. 64, No. -3/Wednesday, January 6, 1999/Rules and Regulations
973
anomalous for Congress to require EPA
to protect trade secrets contained in
RMPs against release to the public only
to risk divulging the same information
by requiring submission of unredacted
RMPs to a broad range of entities that
may not have the need or capacity to
protect CBI themselves. It would also
appear inconsistent with the approach
Congress took to protecting trade secrets
in EPCRA, where .Congress did not
provide for release of trade secret
chemical identity information to local
agencies. .
Relatedly, many state and local
agencies objected to EPA's original
proposal in the RMP proposed
rulemaking (58 FR 54190, October 20,
1993) that sources submit RMPs directly
to States, local agencies, and the Board,
as well as EPA. They noted that.
managing the information contained in
RMPs would be difficult without a
significant expenditure of typically
scarce resources. Many states and local
agencies thus supported EPA's final
decision to develop an electronic
submission and distribution system that
would allow covered sources to submit
their RMPs to EPA; which would make
them available to states, local agencies,
and the Board, as well as the general
public. If the statute is read to require
submission of RMP information to state
and local agencies, and the Board, to the
extent it is claimed as CBI, the resource
concerns raised by State and local
agencies commenters likely would be
raised to that extent again.
EPA also questions the extent to
which states, local entities and the
Board would be disadvantaged if they
did not receive unredacted RMPs
without making the showings required
by EPA's CBI regulations. As noted
earlier, EPA expects that relatively little
RMP information will be CBI. RMP data
will only rarely contain CBI, and the up-
front substantiation will minimize the
number of CBI claims it receives by
ensuring that sources carefully examine
the basis for any claims before
submitting them. Consequently, the
Agency believes that a state or local
agency will .rarely confront a redacted
RMP.
Moreover, EPCRA provides state and
local entities, including fire
departments, with access to much of the
pertinent data already. EPA's
regulations under EPCRA cover a
universe of sources and chemicals that
includes most, if not all, the sources and
substances covered by the RMP rule.
The EPCRA regulations require
reporting of some of the same
information required by the RMP rule,
including chemical identity. EPCRA
withholds from public release only
chemical identities that are trade secrets
and the location of specific chemicals
where a facility so requests. In practice,
relatively few facilities have requested
trade secret protection for a chemical's
identity.
Additionally, EPCRA section 312(f)
empowers local fire departments to
conduct on-site inspections at facilities
subject to EPCRA section 312(a) and
obtain information on chemical
location. Most facilities subject to
EPCRA section 312(a) are also subject to
the RMP rule. On-site inspections could
also provide information on hazards and
mitigation measures. In addition,
EPCRA section 303 (d) (3) authorizes
LEPCs, which include representatives'of
fire departments, to request from
facilities covered by EPCRA section
302(b) such information as may be
necessary to prepare an emergency
response plan and to include such
information in the plan as appropriate.
Some sources subject to the RMP rule
are also covered by EPCRA section
302 (b).
In light of the points made above, EPA
questions whether section
112(r)(7)(B)(iii) should be interpreted to
require submission of unredacted RMPs
containing CBI to the statutorily
specified entities without provision
being made for protecting CBI. EPA
invites the public to provide any
additional comment or information
relevant to interpreting the submission
requirement of section 112(r) (7) (B) (iii).
5. Other CBI Issues
Two commenters disagreed with
EPA's statement that a source cannot
make a CBI'claim for information
available to the public under EPCRA or
another statute. They claimed that a
request for information under EPCRA
cannot supersede the CBI provisions
applicable to data collected under the
authorities of the CAA or Toxic
Substances Control Act or any other
regulatory program.
EPA does not agree with this
comment. Claims of CBI may not be
upheld if the information is properly
obtainable or made public under other
statutes or authorities. For example,
chemical quantity on site is available to
the public under EPCRA Tier II
reporting. In addition, under EPCRA
section 303(d) (3), LEPCs have the
authority to request any information
they need to develop and implement
community emergency response plans.
If information obtained through such a
request is included in the community
plan, it will become available to the
public under EPCRA section 324.
Information obtainable or made public
under EPCRA would not be eligible for .
CBI protection under 40 CFR section
2.208, which specifically excludes from
CBI protection information already
available to the public. Filing a CBI
claim under the CAA or another statute •
does not protect information if it is
legitimately requested and made public
under other federal, state, or local law.
Information obtainable or made public
(through proper means) under existing
statutes cannot be CBI under EPA's CBI
regulations; /
6. Actions Taken
In summary, the Agency is adding
two sections (68.151 and 68.152) to Part
68, Section 68.151 sets forth the
procedures for a source to follow when
asserting a CBI claim and lists data
elements that can not be claimed as CBI.
This section also requires sources filing
CBI claims to provide the information
claimed confidential, in a format to be
specified by EPA, instead of the
unsanitized paper copy of the RMP as
discussed in the proposal. Section
68.152 sets forth the procedures for
substantiating CBI claims. Sources
claiming CBI are required to submit
their substantiation of their claims at the
same time they submit their RMPs.
E. Other Issues ' ,
Two commenters asked why EPA had
proposed to drop the phrase "if used"
in section 68.165(b)(3) where the rule
asks for the basis of the offsite
consequence analysis results. EPA has
decided to retain the language, since
sources will have a choice of using
either EPA's RMP guidance documents
or a model. Where a model is used, the
source will have to provide the name of
the model. These commenters also
asked why EPA proposed to drop
(alternative releases only) from section
68.165(b)(13). EPA has also decided to
retain the parenthetical language.
One commenter stated that EPA
should allow sources to submit RMPs
either electronically or in hard copy.
The commenter stated that not allowing
hard copy submissions will be
burdensome on many sources who have
never filed an electronic report to the
government before. As stated in the
April proposal, EPA is allowing sources
to submit RMPs on paper. Paper
submitters are asked to fill out a simple
paper form to tell EPA why they are
unable to file electronically.
Two commenters objected to placing
offsite consequence analysis (OCA) data,
particularly worst-case release
scenarios, on the Internet, for security
reasons. Issues related to public access
to OCA data are beyond the scope of
this rulemaking, as this action is limited
to the issues discussed above. It does
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974
Federal Register/Vol. 64, No. 3/Wednesday, January 6, 1999/Rules and Regulations
. . - . . .
not ihelucle ciecisions regarding" how" the
public will access-the OCA data
" ele.rqept^gfjhe RMPs, ..... Statemeqtsjn the,,
preamble about EPA" providing public
access to ...... RMP data are not ..... intended.to .......
address which portions of the RMP data
will be electronically available.
A number of commenters were
'SHIlii, (ilBt-iiv111. Si', J S iC !:"i"i',:l* SSi'SiJ -I '''I'1""1"1!' ifS! i •"" litllfl If ill!!1!. I1!!11 H 'S'llliili!!!!!!1 It' riaiili1"; 'it!' 'ili, WH1'* V-S IS,": '"'"fiivp-!:1 ;:''(• ;'vtt!C»tWWMMHUBk' iHFtlt • : •ift'-'M
in the preamble to the proposed rule
regarding the definition of "process",
and stated that EPA's interpretation of
"process" is not consistent with the
Interpretation the Occupational Safety
and Health Administration (OSHA) uses
in Its process safety management (PSM)
standard (29 CFR 1910.1 19). In this
rulemaking. EPA did not propose any
changes to the definition of process nor
is It adopting any changes to the
. .definition. As EPAstated ..... in ...... the ...................................
'preamble ..... tb'th'e" final "RMP '—^ ..... •{"Wjj|1 ...........
interpret "process" consistently with
OSHA's interpretation of that term (29
CFR 1910,119). Therefore, if asourceis
Subject to the PSM rule, the limits of its
processes) for purposes of OSHA PSM
will be the limits of its processes) for
purposes of RMP (except in cases
involving atmospheric storage tanks
containing flammable regulated
substances, which are exempt from PSM
but not RMP) • If a source is not covered
by OSHA PSM and is complicated from
an engineering perspective, it should
consider contacting its implementing
agency for advice on determining
process boundaries. EPA and OSHA are
coordinating the agencies' approach to
doirnrnbh Issues, such as the
Interpretation of "process".
F. Technical Corrections
When Part 68 was promulgated, the
text of section 68.79(a). was drawn from
the OSHA PSM standard, but it was not
revised to reflect the different structure
of EPA's rule. The OSHA PSM standard
is contained in a single section; EPA's
Program 3 prevention program is
contained in a subpart. Rather than
referencing "this section," the
paragraph should have referenced the
"subpart." Therefore, as proposed. EPA
is changing "section" to "subpart" in
section 68.79(a).
Under section 68.180(b), EPA
Intended that all covered sources report
the name and telephone number of the
agency with which they coordinate
emergency response activities, even if
the source Is not required to have an
emergency response plan. However, the
rule refers only to coordinating the
emergency plan. In this action, EPA is
revising this section to refer to the local
agency with which emergency response
activities and the emergency response
plan is coordinated.
IV. Section-by-Section Discussion of the
Final Rule
In Section 68.3, Definitions, the
definition of SIC is removed and
replaced by the definition of NAICS.
Section 68.10, Applicability, is
revised to replace the SIC codes with
NAICS codes, as discussed above.
Section 68.42, Five-Year Accident
History, is revised to require the
percentage concentration by weight of
regulated toxic substances released in a
liquid mixture and the five- or six-digit
NAICS code that most closely
corresponds to the process that had the
release. The phrase "five- of six-digit"
has been added before the NAICS code
to clarify the level of detail required for
NAICS code reporting.
Section 68.79, Compliance Audits, the
word "section" in paragraph (a) is
replaced by "subpart."
Section 68.150, Submission, is revised
by adding a paragraph to state that
procedures for asserting CBI claims and
determining the sufficiency of such
claims are provided in new Sections
68.151 and 68.152.
Section 68.151 is added to set forth
the procedures to assert a CBI claim and
list data elements that may not be
claimed as CBI, as discussed above.
Section 68.152 is added to set forth
procedures for substantiating CBI
claims, as proposed.
Section 68.160, Registration, is
revised by adding the requirements to
report the method and description of
latitude and longitude, replacing SIC
codes with five- or six-digit NAICS
codes, and adding the requirement to
report Title V permit number, when
applicable. This section is also revised
to include optional data elements. The
phrase "five- or six-digit" has been
added before NAICS code to clarify the
level of detail required for NAICS code
reporting.
Section 68.165, Offsite Consequence
Analysis, is revised by adding the
requirement that the percentage weight
of a regulated toxic substance in a liquid
mixture be reported.
Section 68.170, Prevention Program/
Program 2, is revised to replace SIC
codes with five- or six-digit NAICS
codes, as is Section 68.175.
Section 68.180, Emergency Response
Program, is revised to clarify that
paragraph (b) covers both the
coordination of response activities and
plans, as proposed.
V. Judicial Review
The proposed rule amending the
accidental release prevention
requirements; under section 112(r)(7)
was proposed in the Federal Register on
April 17, 1998. This Federal Register
action announces EPA's final decision
on the amendments. Under section
307(b)(l) of the CAA, judicial review of
this action is available only by filing a
petition for review in the U.S. Court of
Appeals for the District of Columbia
Circuit on or before March 8, 1999.
Under section 307 (b) (2) of the CAA, the
requirements that are the subject of
today's action may not be challenged
later in civil or criminal proceedings
brought by EPA to enforce these
requirements. ,
VI. Administrative Requirements
A. Docket
The docket is an organized and
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
industries involved to readily identify
and locate documents so that they can
effectively participate in the rulemaking
process. Along with the proposed and
promulgated rules and their preambles,
the contents of the docket serve as the
record in the case of judicial review.
(See section 307(d) (7) (A) of the CAA.)
The official record for this
rulemaking, as well as the public
version, has been established for this
rulemaking under Docket No. A-98-08
(including comments and data
submitted electronically). A public
version of this record, including
printed, paper versions of electronic
comments, which does not include any
information claimed as CBI, is available
for inspection from 8:00 a.m. to 5:30
p.m., Monday through Friday, excluding
legal holidays. The official rulemaking
record is located at the address in
ADDRESSES at the beginning of this
document.
B. Executive Order 12866
Under Executive Order (E.O.) 128667
[58 FR 51,735 (October 4, 1993)], the
Agency must determine whether the
regulatory action is "significant", and
therefore subject to OMB review and the
requirements of the E.O. The Order
defines "significant regulatory action"
as one that is likely to result in a rule
that may:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
state, local or tribal government or
communities;
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Federal Register/Vol. 64, No. 3 / Wednesday, January 6, 1999/Rules and Regulations
975
(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 E.G.
Pursuant to the terms of Executive
Order 12866, OMB has notified EPA
that it considers this a "significant
regulatory action" within the meaning
of the Executive Order. EPA has
submitted this action to OMB for
review. Changes made in response to
OMB suggestions or recommendations
will be documented in the public
record.
C. Executive Order 12875
Under Executive Order 12875, EPA
may not issue a regulation that is not
required by statute and that creates a
mandate upon a State, local or tribal
government, unless the Federal
government provides the funds
necessary to pay the direct compliance
costs incurred by those governments, or
EPA consults with those governments. If
EPA complies by consulting, Executive
Order 12875 requires EPA to provide to
the Office of Management and Budget a
description of the extent of EPA's prior
consultation with representatives of
affected State, local and tribal
governments, the nature of their •
concerns, copies of any written
communications from the governments,
and a statement supporting the need to
issue the regulation. In addition,
Executive Order 12875 requires EPA to
develop an effective process permitting
elected officials and other
representatives' of State, local and tribal
governments "to provide meaningful
and timely input to the development of
regulatory proposals containing
significant unfunded mandates.''
EPA has concluded that this rule may
create a nominal mandate on State, local
or tribal governments and that the
Federal government will not provide the
funds necessary to pay the direct costs
incurred by these governments in
complying with the mandate.
Specifically, some public entities may
be covered sources and will have to add
the new data elements to their RMP. In
developing this rule, EPA consulted
with state, local and tribal governments
to enable them to provide meaningful
and timely input in the development of
this rule. Even though this rule revises
Part 68 in a way that does not
significantly change the burden
imposed by the underlying rule, EPA
has taken efforts to involve state and
local entities in this regulatory effort.
Specifically, much of the rule responds
to issues raised by the Electronic
Submission Workgroup discussed
above, which includes State and local
government stakeholders. In addition,
EPA has recently conducted seminars
with tribal governments; however, there
were no concerns raised on any issues
that are covered in this rule. EPA
discussed the need for issuing this
regulation in sections II and III in this
preamble. Also, EPA provided OMB
with copies of the comments to the
proposed rule.
D. Executive Order 13045
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.
This final rule is not subject to the
E.O. 13045 because it is not
"economically significant" as defined in
E.O. 12866, and because it does not
involve decisions based on
environmental health or safety risks.
E. Executive Order 13084
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 incurred by 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 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 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. Two of the
amendments made by this rule, the
addition of RMP data elements and the
conversion of SIC codes to NAICS
codes, impose only minimal burden on
any sources that may be owned or
operated by tribal governments, such as
drinking water and waste water
treatment systems. The third
amendment made by this rule addresses
the procedures for submission of
confidential business information in the
RMP. The sources that are mentioned
above handle chemicals that are known
to public (e.g., chlorine for use of
disinfection, propane used for fuel, etc.).
EPA does not, therefore; expect RMP
information on these types of processes
to include CBI, so any costs related to
CBI will not fall on Indian tribal
governments. Accordingly, the
requirements of section 3(b) of
Executive Order 13084 do not apply to,
this rule.
Notwithstanding the non-applicability
of E. O. 13084, EPA has recently
conducted seminars with the tribal
governments. However, there were no
concerns raised on any issues that are
covered in this rule. •
F. Regulatory Flexibility
EPA has determined that it is not
necessary to prepare a regulatory
flexibility analysis in connection with
this final rule. EPA has also determined
that this action will not have a
significant economic impact on a
substantial number of small entities.
Two of the amendments made by this
rule, the addition of RMP data elements
and the conversion of SIC codes to
NAICS codes, impose only minimal ,
burden on small entities. Moreover,
those small businesses that claim CBI
when submitting the RMP will not face
any costs beyond those imposed by the
existing CBI regulations. Even
considering the costs of CBI
substantiation, however, there is no
significant economic impact on a
substantial number of small entities.
EPA estimates that very few small
entities (approximately 500) will claim
CBI and that these few entities represent
a small fraction of the small entities
(less than 5 percent) affected by the
RMP rule. Finally, EPA estimates that
those small businesses filing CBI will
experience a cost which is significantly
less than one percent of their annual
sales. For a more detailed analysis of the
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976 federal Register/Vol. 64, No. 3/Wednesday. January 6, 1999/Rules and Regulations
small entity impacts of CBI submission,
see Document Number, IV-B-02,
available in the docket for this
rulemaking (see ADDRESSES section).
C, Paperwork Reduction
I, General
The information collection
requirements in this rule have been
submitted for approval to the Office of
Management and Budget (OMB) under
the Paperwork Reduction Act, 44 U.S.C.
3501 ef s«, An Information Collection
Request (ICR) document has been
prepared by EPA (ICRNo. 165&05) and
a copy may be obtained from Sandy
Farmer, by mail at Office of Policy,
Regulatory Information Division. U.S.
Envlronnjenta! Protection Agency
(2137). 401 M St. SW, Washington. DC
20460. by e-mail at
{armer.sandyepamail.epa.gov or by
calling (202) 260-2740. A copy may also
be downloaded off the Internet at http:/
Avww.epa,gov/icr. The information
requirements are not effective until
OMB approves them,
The submission of the RMP is
mandated by section 112(r)(7) of the
CAA and demonstrates compliance with
Part 68 consistent with section 114(c) of
the CAA, The information collected also
will be made available to state and local
governments and the public to enhance
their preparedness, response, and
prevention activities. Certain
information in the RMP may be claimed
as confidential business information
under 40 CFR Part 2 and Part 68.
This rule will impose very little
burden on affected sources. First, EPA
, estlmatesjhauhe newjataelements,,
"will requireonlya""nominal burden.'.25
hours for a typical source, because
latitude and longitude method and
description will be selected from a list
of options, the Title V permit number is
available to any source to which Title V
applies, and the percentage weight of a
toxic substance in a liquid mixture is
usually provided by the supplier of'the'"
mixture, §gcpnd, the NAICSeode
provision is simply a change from one
COde to another.6 Third, as discussed
above in the preamble, EPA believes
that the CBI provisions of this rule will
add no additional burden beyond what
sources otherwise would face in
*EPA Irgejjjlsjg provide several outreach
mechanisms 10 assist sources In identifying their
neW NAICS coder RMP'Submit will provide a
"pick list" that will make it easier for sources to
find Ihc appropriate code. Also, selected NAICS
cade* arc included jn the, General Guidance for Risk,
Marmgcmcm Programs'"(July F998J and" in" the
Jodu>W-specinc guidance documents that EPA is
developing, EPA will also utilize the Emergency
Planning and Community RIghi-to Know Hotline at
800-424-9346 (or 703-412-9810) to assist sources
In determining the source's NAICS codes.
complying with the CBI rules in 40 CFR
Part 2. The Agency has calculated the
burden of substantiations made for
purposes of this rule below.
Burden means the total time, effort, or
financial resources expended by persons
to generate, maintain, retain, or disclose
OI: provide Information to br'for a
Federal agency. This includes the time
needed to review instructions; develop,
acquire, install, and utilize technology
and system 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.
2. CBI Burden
In the Notice of Proposed Rulemaking
for these amendments, EPA proposed to
amend existing 40 CFR Part 68 to add
two sections which would clarify the
procedures for submitting RMPs that
contain confidential business
information (CBI). As proposed, CBI
would be handled in much the same
way as it presently is under other EPA
programs, except that EPA would
require sources claiming CBI to submit
documentation substantiating their CBI
claims at the time such claims were
made and EPA also would not permit
CBI claims for certain data elements
which clearly are not CBI. Aside from
these procedural changes, however, the
proposed rule was substantively
identical to the existing rules governing
the substantiation of CBI claims,
presently codified in 40 CFR Part 2.
At the time it proposed these
amendments, EPA estimated the public
reporting burden for CBI claims to be 15
hours for chemical manufacturers with
Program 3 processes, the only kinds of
facilities that EPA expects to be able to .
claim CBI for any RMP data elements.
This estimate was premised upon EPA's
assessment that it would require 8.5
hours per claim to develop and submit
the CBI substantiation and 6.5 hours to
complete an unsanitized version of the
RMP, for a total of 15 hours. EPA also
estimated that approximately 20 percent
of the 4000 chemical manufacturers (out
of 64,200 stationary sources estimated to
be covered by the RMP rule) may file
CBI claims (800 sources). The 800
sources represent a conservative
projection based on the Agency's
experience under EPCRA program.
. Consequently, the total annual public
reporting burden for filing CBI claims
was estimated to be approximately
12,000 hours over three years (800
facilities multiplied by an average
burden of 15 hours), or an annual
burden of 4,000 hours (Information
Collection Request No. 1656.04).
a. Comment received. EPA received
one comment on the ICR developed for
the proposed rule, opposing up-front
substantiation of any CBI claims. The
commenter stated that "(t]his is a major
departure from standard EPA procedure,
and would impose a substantial and
unjustified burden for several years."
The commenter further added that up-
front substantiation would significantly
increase the burden of this rule, and that
up-front substantiation unnecessarily
increases the volume and potential loss
of CBI documents. The commenter also
stated that the estimate of 15 hours for
chemical manufacturers "seems
unreasonably low," and cited the EPA
burden estimate of 27.7 to 33.2 hours
per claim (with an average of 28.8)
under the trade secret provisions of
EPCRA.
In the preamble to the proposed rule,
EPA estimated that 20 percent of the
4,000 chemical manufacturers will file a
CBI claim. The commenter contends
that "[t] he EPA analysis * * * excludes
facilities in other industries that will
need to file CBI claims."
Finally, the commenter stated that
claiming multiple data elements as CBI
will increase reporting burden.
b. EPA response. Burden Estimates:
EPA disagrees with these comments. As
pointed out above, the requirement to
submit up-front substantiation of CBI
claims imposes no additional burden. In
addition, the total burden of the CBI
provisions of this rule are not
understated. EPA has re-examined its
analysis in light of the commenter's
concerns and has determined—contrary
to the commenter's claim—that its
initial estimate of the total burden
associated with preparing and claiming
CBI was likely too conservative. As
explained below, the Agency's best
available information indicates that the
process of documenting and submitting
a claim of CBI should impose a burden
of approximately 9.5 hours per CBI
claimant.
First, EPA believes that the
requirement to submit, at the time a
source claims information as CBI,
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Federal Register/Vol. 64, No. 3 / Wednesday, January 6, 1999/Rules and Regulations
977
substantiation demonstrating that the
material truly is CBI imposes no burden
oh sources .beyond that which presently
exists under EPA's'CBI regulations in
Part 2, In orderto decide whether they
might properly claim CBI for a given
piece of information, a source must
determine if the criteria stated in section
2.208 of 40 CFR Part 2 are satisfied.
Naturally, a source goes through this
process before a CBI claim is made. EPA
agrees that most programs do not
- require the information that forms the
basis for the substantiation to be
submitted at the time of the claim;
however, a facility must still determine
whether or not a claim can be
substantiated. Because existing rules
require sources to formulate a legitimate
basis for claiming CBI, even if those
rules do not require immediate
documentation, and because the Agency
fully expects requests for RMP
information which will necessitate
sources' submitting such
documentation, EPA believes that up-
front submission will not increase the
burden of the regulation.
Second, in response to the
commenter's claim that the Agency had
underestimated the total burden
associated with CBI claims, EPA
undertook a review of recent
information collection requests (ICRs)
covering data similar to that required to
be submitted in an RMP. Initially, EPA
examined the ICR prepared for Part 2
itself (ICR No. 1665.02, OMB Control
No. 2020-0003). Under an analysis «
contained in the Statement of Support
for the ICR, the Agency estimated that
it takes approximately 9.4 hours to
substantiate claims of CBI, prepare
documentation, and submit such
documentation to EPA. Next, the
Agency reviewed a survey conducted by
the Agency (under Office of
Management and Budget clearance.
#2070-0034), to present the average
burden associated with indicating
confidential business information
claims for certain data elements under
the proposed inventory update rule
(IUR) amendment under TSC A section
8. This survey specifically asked
affected industry how long it would take
to prepare CBI claims for two data
elements—chemical identity and
production volume range information.
Part 68 also requires similar information
(e.g., chemical identity and maximum
quantity in a process) to be included in
a source's RMP and, indeed, EPA
anticipates that they will be the data
elements most likely to be claimed CBI.
The average burden estimates for
chemical identity were between 1.82
and 3.13 hours, and the average burden
estimates for production volume in
ranges were between 0.87 and 2.08
hours. Thus, assuming that the average
source claims both chemical identity
and the maximum quantity in a process
as CBI, a conservative estimate for the
reporting burden would be 5.21 hours.
Finally, EPA examined the burden
estimate upon which it relied at
proposal. That estimate predicted that
the average CBI claim would take 15
hours, of which 8.5 would be
developing and submitting the CBI
claim, and 6.5 wquld be completing an
unsanitized version of the RMP. In view
of EPA's current plan not to require a
source claiming CBI to submit a full,
unsanitized RMP, but instead to submit
only the particular elements claimed as
CBI, the Agency expects the latter
burden to decrease to 1 jiour, for a total
burden of 9.5 hours. . •
In light of its extensive research of the
burden hours involved in preparing and
submitting CBI claims, EPA believes,
that the total burden estimate was not
understated in the April proposal.
Rather, other ICRs and the ICR proposal,
combined with the changes to the
method of documenting CBI claims,
indicate that a burden estimate between
5.21 and 9.5 hours is appropriate"for
this final rule. EPA has selected the
most conservative of these, 9.5 hours, in
its ICR for this final rule.
EPA rejected one ICR's burden
estimate as being inapplicable to the
present rulemaking. Although the
commehter urged the Agency to adopt
the estimate associated with trade secret
claims under EPCRA (28 hours), EPA
believes that the estimates discussed
above are more accurate for several
reasons. First, the EPCRA figures are
based upon a survey with a very small
sample size, as compared to the TSC A
survey cited previously. Second, most
(if not all) of the facilities submitting
RMPs are likely to already be reporting
under sections 311 and 312 or section
313 of EPCRA, and many of the
manufacturers submitting an RMP are
.subject to TSCA reporting requirements;
thus, most sources likely to claim CBI
for an RMP data element will have
already done some analysis of whether
br not such information would reveal
legitimately confidential matter.
Other Facilities Can Claim CBI: The
Agency does not agree with the
commenter's claim that facilities other
than chemical manufacturers might be
expected to claim CBI for information
contained in their RMPs. The other
industries affected by the RMP rule (e.g.,
propane retailers, publicly owned ~
treatment works) will not be disclosing
in the RMP information that is likely to
cause substantial harm to the business's
competitive position. For example,
covered public drinking water and
wastewater treatment plants generally
use common regulated substances in
standard processes (i.e., chlorine used
for disinfection). Also, covered
processes at many sources .involve the
storage of regulated substances that the
sources sell (e.g., propane, ammonia), so
the processes are already public "
knowledge. Other covered processes
involve the use of well-known
combinations of regulated substances
such as refrigerants. Therefore, it is hot
likely that these businesses would claim
information as CBI.
As a point of comparison, EPA notes
that of the 869,000 facilities that are
estimated to be required to report under
sections 311 and 312 of EPCRA,
approximately 58 facilities have
submitted trade secret claims for under
those sections. For this reason, EPA
believes the estimate of 800 sources
•may, in fact, be an overestimate of the
number of sources claiming CBI.
Reporting Multiple Data Elements:
The Agency disagrees with the
commenters assertion that it has
underestimated the reporting burden on
sources' claiming multiple data
elements as CBI. The burden figures
stated above are based on the Agency's
estimates of the average number of data
elements that a typical source will likely
claim CBI.
. Public reporting of the new RMP data
elements is estimated to require an
average of .25 hours for all sources
(64,200 sources) and substantiating CBI
claims is estimated to take
approximately 9.5 hours for certain'
chemical manufacturing sources (800
sources). The aggregate increase in
burden over that estimated in the
previous Information Collection Request
0CR) for part 68 is estimated to be about
23,650 hours over three years, or an '
annual burden of 7,883 hours for the
three years covered by the ICR.
H. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), P.L. 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 in 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
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Federal Register/Vol. 64, No. 3/Wednesday, January 6, 1999/Rules and Regulations
of the UMRA generally requires EPA to
Identify gnd consider a reasonable
humber 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 §dppted. Before EPA establishes
any regulatory requirements that may
significantly or uniquely affect small
governments, including tribal
governments, it must have developed
" Ugder sectjpri 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.
EPA has determined that this rule
does not contain a Federal mandate that
may result in expenditures of $100
million pi more for state, local, and
tribal governments, in the aggregate, or
the private sector in any one year. The
EPA has determined that the total
nationwide capital cost for these rule
amendments is zero and the annual
nationwide cost for these amendments
is less than $ 1 million. Thus, today's
rule is not subject to the requirements
of sections 202 and 205 of the Unfunded
Mandates Act.
EPA has determined that this rule
contains no regulatory requirements that
might significantly or uniquely affect
small governments. Small governments
are unlikely to claim information
confidential, because sources owned or
operated by these entities (e.g., drinking
water and waste water treatment
systems), handle chemicals that are
known to public. The new data
elements and the conversion of SIC
codes to NAICS codes impose only
minimal burden on these entities.
I. National Technology Transfer and
Advancement Act
Section 12 (d) Of the National
Technology Transfer and Advancement
Act of 1995 ("NTTAA"), Pub L. 104-
113, section 12(d)(15 U.S.C. 272 note),
directs EPA to use voluntary consensus
standards in 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, business
practices) that are developed or adopted
by voluntary consensus standards
bodies. The NTTAA requires 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.
J. Congressional Review Act
The Congressional Review Act, 5
U.S.C. section 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. This action is not
a "major rule" as defined by 5 U.S.C.
section 804(2). This rule will be
effective February 5, 1999.
APPENDIX TO PREAMBLE—DATA ELEMENTS THAT MAY NOT BE CLAIMED AS CBI
Rule element
Comment
68.160{b){1} Stationary source name, street,
city, county, state, zip code, latitude, and lon-
gitude, method for obtaining latitude and lon-
gitude, and description of location that lati-
, tutie and longitude represent.
68,160(b)(2) Stationary source Dun and Brad-
street number,
68,160(b)(3) Name and Dun and Bradstreet
number of the corporate parent company.
68,160(b)(4) The name, telephone number, and
mailing address of the owner/operator.
68,160(b)(5) The name and title of the person
or position with overall responsibility for RMP
elements and Implementation.
68,160(b)(6) The name, title, telephone number,
and 24-l]our telephone number of the emer-
Jjertcy cSntact.
68,160(b)(7) Program level and NAICS code of
the process.
68<160(b)(8) The stationary source EPA identi-
fier.
68,160(b){10) Whether the stationary source is
subject to 29 CFR[1910.119.
68,160(b)(11) Whether the stationary source is
subject to 40 CFR Part 355.
G8,160{b)(12) If the stationary source has a
CM Title V operating permit, the permit num-
ber.
This information is filed with EPA and other agencies under other regulations and is made
available to the public and, therefore, does not meet-the criteria for CBI claims. It is also
available in business and other directories.
This information provides no information that would affect a source's competitive position.
This information is filed with state and local agencies under EPCRA and is made available to
the public and, therefore, does not meet the criteria for CBI claims.
This information provides no information that would affect a source's competitive position.
This information provides no information that would affect a source's competitive position.
This information provides no information that would affect a source's competitive position.
Sources are required to notify the state and local agencies if they are subject to this rule; this
information is available to the public and, therefore, does not meet the criteria for CBI
claims. ' '.'... , , ' ...
This information will be known to state and federal air agencies and is available to the public
and, therefore, does not meet the criteria for CBI claims.
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979
APPENDIX TO PREAMBLE—DATA ELEMENTS THAT MAY NOT BE CLAIMED AS CBI—Continued
Rule element
Comment
68.160(b)(13) The date of the last safety in-
.spection and the identity of the inspecting en-
tity.
68.165(b)(4) Basis of the results (give model
name if used).
68.165(b)(9) Wind speed and atmospheric sta-
bility class (toxics only).
68.165(b)(10) Topography (toxics only)
68.165(b)(11) Distance to an endpoint
68.165(b)(12) Public and environmental recep-
tors within the distance.
68.168 Five-year accident history
68.170(b), (d), (e)(1), and (f)-(k)
68.175(b), (d), (e)(1), and (f)-(p)
NAICS code, prevention program compli-
ance dates and information.
68.180 Emergency response program „
This information provides no information that would affect a source's competitive position.
Without the chemical name and quantity, this reveals no business information.
This information provides no information that would affect a source's competitive position.
Without the chemical name and quantity, this reveals no business information.
By itself, this information provides no confidential information. Other elements that would re-
veal chemical identity or quantity may be claimed as CBI.
By itself, this .information provides no confidential information. Other elements that would re:
. veal chemical identity or quantity may be claimed as CBI.
Sources are required to report most of these releases and information (chemical released,
quantity, impacts) to the federal, state, and local agencies under CERCLA and EPCRA;
these data are available to the public and, therefore, do not meet the criteria for CBI claims.
Much of this information is also available from the public- media.
NAICS codes and the prevention program compliance dates and information provide no infor-
mation that would affect a source's competitive position.
This information provides no information that would affect a source's competitive position.
List of Subjects in 40 CFR Part 68
Environmental protection,
Administrative practice and procedure,
Air pollution control, Chemicals,
Hazardous substances.
Intergovernmental relations, Reporting
and recordkeeping requirements.
Dated: December 29, 1998.
Carol M. Browner,
Administrator.
For the reasons set out in the
preamble, title 40, chapter I, subchapter
C, part 68 of the Code of Federal
Regulations is amended to read as
follows:
PART 68—CHEMICAL ACCIDENT
PREVENTION PROVISIONS
1. The authority citation for Part 68
continues to read as follows: ,
Authority: 42 U.S.C. 7412(r), 7601 (a)(l),
7661-7661f.
2. Section 68.3 is amended by
removing the definition of SIC and by
adding in alphabetical order the
definition for NAICS to read as follows:
§68.3 Definitions.
**'***,
NAICS means North American
Industry Classification System.
* * * * * ,• •
3. Section 68.10 is amended by
revising paragraph (d) (1) to read as
follows:
§68.10 Applicability.
******
(d) * * *
(1) The process is in NAICS code
32211, 32411, 32511, 325181,325188, '
325192,325199,325211,325311, or
32532; or
* * * '* *
4. Section 68.42 is amended by
revising paragraph (b) (3), redesignating
paragraphs (b) (4) through (b)(10) as
.paragraphs (b)(5) through (b)(ll) and by
adding a new paragraph (b) (4) to read as
follows:
§68.42 Five-year accident history.
* * * * *
(b) * * *
(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;
(4) Five- or six-digit NAICS code that
most closely corresponds to the process;
* * . * * *
5. Section 68.79 is amended by
revising paragraph (a) to read as follows:
§. 68.79 Compliance audits.
(a) The owner or operator shallcertify
that they have evaluated compliance ,
with the provisions of this subpart at
least every three years to verify that
procedures and practices developed
under this subpart are adequate and are
being followed.
*****
6.. Section 68.150 is amended by
adding paragraph (e) to read as follows:
§68.150 Submission.
* * * * ' *
(e) Procedures for asserting that
information submitted in the RMP is
entitled to protection as confidential
business information are set forth in
§§68.151 and 68.152.
7. Section 68.151 is added to read as
follows:
§ 68.151 Assertion of claims of
confidential business information.
(a) Except as provided in paragraph
(b) of this section, an owner or operator
of a stationary source required to report
or otherwise provide information 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
forth in §68.160(b)(7);
(2) Offsite consequence analysis data
required by §68.165(b)(4), (b)(9), (b)(10),
(b)(ll),and(bXl2),
(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 •
confidential, provided in a format to be
specified by EPA;
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980
Federal Register/Vol. 64, No. 3/Wednesday, January 6, 1999/Rules and Regulations
(2) A sanitized (redacted) copy of the
RMP, with the notation "CBI"
Substituted for the information -claimed
confidential, except that a generic
category or class name shall be
substituted for any chemical name or
......
(sy'Tlie'locumemWdocurnehts ..........
substantiating each claim of confidential
business information, as described in
§68,152.
8. Section 68. 152 is added to read as
follows:
§68.152 Substantiating claims of
confidential business Information.
(a) An owner or operator claiming that
information is confidential business
information must substantiate that claim
byproviding 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.
Information not so marked will be
treated as public and may be disclosed
without notice to the submitter. If
information that is submitted as part of
the substantiation is claimed
confidential, the owner or operator must
provide a sanitized and unsanitized
version of the substantiation.
(c) The owner, operator, or senior
official with management responsibility
of the stationary source shall sign a
certification that the signer has
personally examined the information
submitted and that based on inquiry of
the persons who compiled the
information, the information is true,
accurate, and complete, and that those
portions of the substantiation claimed as
confidential business information
would, if disclosed, reveal trade secrets
or other confidential business
information.
9, Section 68.160 is amended by
revising paragraphs (b)(l), (b)(7), and
(b)(12) and adding paragraphs (b)(14)
through (b)(18) to read as follows:
§68.160 Registration.
*****
(b) * * *
(1) Stationary source name, street,
city, county, state, zip code, latitude and
longitude, method for obtaining latitude
and longitude, and description of
location that latitude and longitude.
represent;
*****
(7) For each covered process, the
name and CAS number of each
regulated substance held above the
threshold quantity in the process, the
maximum quantity of each regulated
substance 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;
*****
(12) If the stationary source has a CAA
Title V operating permit, the permit
number; and
***** '
(14) Source or Parent Company E-Mail
Address (Optional);
(15) Source Homepage address
(Optional)
(16) Phone number at the source for
public inquiries (Optional);
(17) Local Emergency Planning
Committee (Optional);
(18) OSHA Voluntary Protection
Program status (Optional);
10. Section 68.165 is amended by
revising paragraph (b) to read as follows:
§ 68.165 Offsite consequence analysis.
*****
(b) The owner or operator shall
submit 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 evaporation);
(6) Quantity released in pounds;
(7) Release rate;
(8) Release duration;
(9) Wind speed and atmospheric
stability class (toxics only);
(10) Topography (toxics only);
(11) Distance to endpoint;
(12) Public and environmental
receptors within the distance;
(13) Passive mitigation considered;
and
(14) Active mitigation considered
(alternative releases only);
11. Section 68.170 is amended by
revising paragraph (b) to read as follows:
§ 68.170 Prevention program/Program 2.
*****
(b) The five- or six-digit NAICS code
that most closely corresponds to the
process.
* * * *' *
12. Section 68.175 is amended by
revising paragraph (b) to read as follows:
§ 68.175 Prevention program/Program 3.
******
(b) The five- or six-digit NAICS code
that most closely corresponds to the
process.
*****
13. Section 68.180 is amended by
revising paragraph (b) to read as follows:
§68.180 Emergency response program.
* * * * *
(b) The owner or operator shall
provide the name and telephone
number of the local agency with which
emergency response activities and the
emergency response plan is
coordinated.
*****
[FR Doc. 99-231 Filed 1-5-99; 8:45 am]
BILLING CODE 6560-50-P
-------
Appendix B
Selected NAICS Codes
-------
SELECTED 1997 NAICS CODES
21 Mining
211 Oil and Gas Extraction
211111 Crude Petroleum and Natural Gas Extraction
211112 Natural Gas Liquid Extraction
22 Utilities
22111 Electric Power Generation
221111 Hydroelectric Power Generation
221112 Fossil Fuel Electric Power Generation
221 1 13 Nuclear Electric Power Generation
221 1 19 Other Electric Power Generation
2213 Water, Sewage and Other Systems
22 1 3 1 Water Supply and Irrigation Systems
22132 Sewage Treatment Factiities '.
31-33 Manufacturing
311 Food Manufacturing
3111 Animal Food Manufacturing
311111 Dog and Cat Food Manufacturing
311119 Other Animal pood Manufacturing
31121 Flour Milling and Malt Manufacturing
311211 Flour Milling
311212 Rice Milling
, ;
3 1 1 22 Starch and Vegetable Fats and Oils Manufacturing
311221 Wet Com Milling
311222 Soybean Processing
3 1 1 223 Other Oilseed Processing
3 1 1 225 Fats and Oils Refining and Blending
31123 Breakfast Cereal Manufacturing
3113 ..... ..„ ..............................................
31131 Sugar Manufacturing
311311 Sugarcane Mills
311312 Cane Sugar Refining ..................................
3 1 1313 Beet Sugar Manufacturing ;
31132 Chocolate and Confectionery Manufacturing from
Cacao Beans
Confectionery Manufacturing from Purchased
Chocolate
Non-Chocolate Confectionery Manufacturing
Fruit and Vegetable Preserving and Specialty
.............. F<»d Manufacturing
311411 Frozen Fruit, Juice and Vegetable Manufacturing
311412 Frozen Specialty Food Manufacturing
311421 Fruit and Vegetable Canning
311422 Specialty Canning
3 1 1423 Dried and Dehydrated Food Manufacturing
3115 Dairy Product Manufacturing
311511 Fluid Milk Manufacturing
Creamery Butter Manufacturing
Cheese Manufacturing
Dry, Condensed, and Evaporated Dairy
Product Manufacturing [
31152 Ice Cream and Frozen Dessert Manufacturing
31133
31134
3114
311512
311513
311514
3116 Meat Product Manufacturing
311611 Animal (except Poultry) Slaughtering
311612 Meat Processed from Carcasses
311613 Rendering and Meat By-product Processing
311615 Poultry Processing
3117 Seafood Product Preparation and Packaging
311711 Seafood Canning
311712 Fresh and Frozen Seafood Processing
3118 Bakeries and Tortilla Manufacturing
311811 Retail Bakeries .
311.8,12, Cornrnercial, Bakeries
311813 Frozen Bakery Product Manufacturing
311821 Cookie and Cracker Manufacturi ng
311822 Flour Mixes and Dough Manufacturing from
'.'•'• Purchased Flour
311823 Pasta Manufacturing
31183 Tortilla Manufacturing
3119 Other Food Manufacturing
31191 Snack Food[Manufacturing
31 l9l1 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
311942 Spice and Extract Manufacturing
31199 All Other Food Manufacturing
311991 Perishable Prepared Food Manufacturing
311999 All Other Miscellaneous Food Manufacturing
312 Beverage and Tobacco Product Manufacturing
3121 Beverage Manufacturing
312111 Soft Drink Manufacturing
312112 Bottled Water Manufacturing
312113 Ice Manufacturing
31212 Breweries
31213 Wineries , ; '
31214 Distilleries
3122 Tobacco Manufacturing
31221 Tobacco Stemming and Redrying
31222 Tobacco Product Manufacturing
312221 Cigarette Manufacturing
312229 Other Tobacco Product Manufacturing
313 Textile Mills
3131 Fiber, Yarn, and Thread Mills
313111 Yarn Spinning Mills
313112 Yarn Texturing, Throwing and Twisting Mills
313113 Thread Mills
3132 Fabric Mills
31321 Broadwoven Fabric Mills
31322 Narrow Fabric Mills and Schiffii Machine
Embroidery
313221 Narrow Fabric Mills
'In
I'.!' ' 11
-------
Appendix B
NAICS Codes
B-2
313222 Schiffli Machine Embroidery
31323 Nonwoven Fabric Mills
31324 Knit Fabric Millss
313241 Weft Knit Fabric Mills
313249 Other Knit Fabric and Lace Mills
31331 Textile and Fabric Finishing Mills
313311 Broadwoven Fabric Finishing Mills
313312 Textile and Fabric Finishing (except Broadwoven
Fabric) Mills
31332 Fabric Coating Mills
314 Textile Product Mills
3141 Textile Furnishings Mills
31411 Carpet and Rug Mills
31412 Curtain and Linen Mills ,
314121 Curtain and Drapery Mills
314129 Other Household Textile Product Mills
31491 Textile Bag and Canvas Mills
314911 Textile Bag Mills
314912 Canvas and Related Product Mills
31499 All Other Textile Product Mills
314991 Rope, Cordage and Twine Mills
314992 Tire Cord and Tire Fabric Mills
314999 All Other Miscellaneous Textile Product Mills
315 Apparel Manufacturing . -
31511" 1 Sheer Hosiery Mills
315119 Other Hosiery and Sock Mills
315191 Outerwear Knitting Mills
315192 Underwear and Nightwear Knitting Mills
315991 Hat, Cap and Millinery Manufacturing
315992 Glove and Mitten Manufacturing
315993 Men's and Boys' Neckwear Manufacturing
315999 Other Apparel Accessories.and Other Apparel
Manufacturing
316 Leather and Allied Product Manufacturing
31611 Leather and Hide Tanning and Finishing
31621 Footwear Manufacturing
316211 Rubber and Plastics Footwear Manufacturing
316212 House Slipper Manufacturing
316213 Men's Footwear (except Athletic) Manufacturing
316214 Women' s Footwear (except Athletic)
Manufacturing
316219 Other Footwear Manufacturing
31699 Other Leather and Allied Product Manufacturing
316991 Luggage Manufacturing
316992 Women's Handbag and Purse Manufacturing
316993 Personal Leather Good (except Women's
Handbag and Purse) Manufacturing
316999 All Other Leather Good Manufacturing
321 Wood Product Manufacturing
32111 Sawmills and Wood Preservation
321113 Sawmills ,
321114 Wood Preservation
32121 Veneer, Plywood, and Engineered Wood Product
Manufacturing
321211 Hardwood Veneer and Plywood Manufacturing
321212 .Softwood Veneer and Plywood Manufacturing
321213 Engineered Wood Member (except Truss)
Manufacturing
321214 Truss Manufacturing
321219 - Reconstituted Wood Product Manufacturing
32191 Millwork
321911 Wood Window and Door Manufacturing
321912 Cut Stock, Resawing Lumber, andPlaning
321918 Other Millwork (including Flooring )'
32192 Wood Container and Pallet Manufacturing
32199 All Other Wood Product Manufacturing
321991 Manufactured Home (Mobile Home)
Manufacturing
321992 Prefabricated Wood Building Manufacturing
321999 All Other Miscellaneous Wood Product
Manufacturing
322 Paper Manufacturing
32211 Pulp Mills
32212 Paper Mills
322121 • Paper (except Newsprint) Mills'
322122 Newsprint Mills
32213 Paperboard Mills
32221 Paperboard Container Manufacturing
322211 Corrugated and Solid Fiber Box Manufacturing
322212 Folding Paperboard Box Manufacturing
322213 Setup Paperboard Box Manufacturing
322214 Fiber Can, Tube, Drum, and Similar Products
,. Manufacturing
322215 Non-Folding Sanitary Food Container
Manufacturing
32222 Paper Bag and Coated and Treated Paper
Manufacturing
322221 Coated and Laminated Packaging Paper and
Plastics Film Manufacturing
322222 Coated and Laminated Paper Manufacturing
322223 Plastics, Foil, and Coated Paper Bag
Manufacturing
322224 Uncoated Paper and Multiwall Bag
Manufacturing '
322225 Laminated Aluminum Foil Manufacturing for
Flexible Packaging Uses
32223 Stationery Product Manufacturing
322231 Die-Cut Paper and Paperboard Office Supplies
Manufacturing
322232 Envelope Manufacturing
322233 Stationery, Tablet, and Related Product
Manufacturing
i 32229 Other Converted Paper Product Manufacturing
322291, Sanitary Paper Product Manufacturing
322292 Surface-Coated Paperboard Manufacturing
-------
B-3
> Appendix B
NAICS Codes
322298 All Other Converted Paper Product
Manufacturing
323in Printing and Related Support Activities
323110 Commercial Lithographic Printing
3231,1,1 r Comrnerciai Gravure Printing
323112 Commercial Flexographic Printing
323113 Commercial Screen Printing
323114 Quick Printing
323115 Digital Printing
323116 Manifold Business Form Printing
3231 \1 Book'Printing
323118 Blankbook, Loose-leaf Binder and Device
Manufacturing
323119 Other Commercial Printing
32312 Support Activities for Printing
324 Petroleum and Coal Products Manufacturing
32411 Petroleum Refineries
32412 Asphalt Paving, Roofing and Saturated Materials
Manufacturing
324121 Asphalt Paving Mixture arid Block Manufacturing
324122 Asphalt Shingle and Coating Materials
Manufacturing
324191 Petroleum Lubricating Oil and Grease
Manufacturing
32il?9 ' ','All Other Petroleum and Coal Products^
Manufacturing
325 Chemical Manufacturing
3251 Basic Chemical Manufacturing
32511 Petrochemical Manufacturing
32512 Industrial Gas Manufacturing
325J3 Dye and Pigment Manufacturing
325131 Inorganic Dye and Pigment Manufacturing
325132 Organic Dye and Pigment Manufacturing
32518 Other Basic Inorganic Chemical Manufacturing
325181 Alkalies and Chlorine Manufacturing
325182 Carbon Black Manufacturing
" 325188 All Other Basic Inorganic Chemical
Manufacturing
" 32519 Other Basic Organic Chemical Manufacturing
325191 Gum and Wood Chemical Manufacturing
325192 Cyclic Crude and Intermediate Manufacturing
325193 Ethyl Alcohol Manufacturing
325199, ^/"AP $^^ ...
... . : •:::, v: : : - Manufacturing
3?|2 JRcsin, Synthetic Rubber, arid Artificial arid
:"'< )Bf'Jw'^n^ctic Riwrs and Rlaments'Manufacturirtg
32521 Resin and Synthetic Rubber Manufacturing
325211 Plastics Material and Resin Manufacturing
325212 Synthetic Rubber Manufacturing
32522 Artificial and Synthetic Fibers and Filaments
Y . is; i'*!'«: ii'» Manufacturing
325221 Cellulosic Organic Fiber Manufacturing
325222 Noncellulosic Organic Fiber Manufacturing
3253 Pesticide, Fertilizer and Other Agricultural
Chemical Manufacturing
32531 Fertilizer Manufacturing
325311 Nitrogenous Fertilizer Manufacturing
325312 Phbsphatic Fertilizer Manufacturing
32531^ Fertilizer (Mixirig Only) Manufacturing
32532 Pesticide and Other Agricultural Chemical
Manufacturing
3254 Pharmaceutical and Medicine Manufacturing
32541 Pharmaceutical and Medicine Manufacturing
325411 Medicinal and Botanical Manufacturing
325412 Phanriaceutical Preparation Manufacturing
325413 In-Vitro Diagnostic Substance Manufacturing
325414 Biological Product (except Diagnostic)
Manufacturing
3255 Paint, Coating, Adhesive, and Sealant Manufacturing
32551 Paint and Coating Manufacturing
32552 Adhesive Manufacturing '
3256 Soap, Cleaning Compound and Toilet Preparation
Manufacturing
32561 Soap and Cleaning Compound Manufacturing
325611 Soap and Other Detergent Manufacturing
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 Manufacturing
325991 Custom Compounding of Purchased Resin
325992 Photographic Film, Paper, Plate and Chemical
Manufacturing
325998 All Other Miscellaneous Chemical Product
Manufacturing
326 Plastics and Rubber Products Manufacturing
32611 Unsupported Plastics Film, Sheet and Bag
Manufacturing
• 326111 Unsupported Plastics Bag Manufacturing
326112 Unsupported Plastics Packaging Film and
Sheet Manufacturing
326113 Unsupported Plastics Film and Sheet (except
Packaging) Manufacturing
32612 Plastics Pipe, Pipe Fitting, and Unsupported
Profile Shape Manufacturing
326121 Unsupported Plastics Profile Shape
Manufacturing
326122 Plastics Pipe and Pipe Fitting 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
-------
Appendix B
NAICS Codes
B-4
32619 Other Plastics Product Manufacturing
326191 Plastics Plumbing Fixture Manufacturing,
326192 Resilient Flopr Covering Manufacturing
326199 All Other Plastics Product Manufacturing
3262 Rubber Product Manufacturing
326211 Tire Manufacturing (except Retreading)
326212 Tire Retreading
32622 Rubber and Plastics Hoses and Belting
Manufacturing
32629 Other Rubber Product Manufacturing
326291 Rubber Product Manufacturing for Mechanical
Use ' • ; . .
326299 All Other Rubber Product Manufacturing
327 Nonmetallic Mineral Product Manufacturing
32711 Pottery, Ceramics, and Plumbing Fixture .
Manufacturing
327111 Vitreous China Plumbing Fixture and China
and Earthenware Fittings and Bathroom
Accessories Manufacturing
327112 Vitreous China, Fine Earthenware and Other
Pottery Product Manufacturing
327113 Porcelain Electrical Supply Manufacturing
32712 Clay Building Material and Refractories
Manufacturing
' 327121 Brick and Structural Clay Tile Manufacturing
327122 Ceramic Wall and Floor Tile Manufacturing
327123 Other Structural Clay Product Manufacturing
327124 Clay Refractory 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
32733 Concrete' Pipe, Brick and Block Manufacturing
327331 Concrete Block and Brick Manufacturing
327332 Concrete Pipe Manufacturing,
32739 Other Concrete Product Manufacturing
32741 Lime Manufacturing
32742 Gypsum and Gypsum Product Manufacturing
32791 Abrasive Product Manufacturing
32799 All Other Nonmetallic Mineral Product
Manufacturing
327991 Cut Stone and Stone 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
331112 Electrometallurgical Ferroalloy Product
Manufacturing
33121 Iron and Steel Pipes and Tubes Manufacturing
from Purchased Steel
33122 Rolling and Drawing of Purchased Steel
331221 Cold-Rolled Steel Shape Manufacturing
331222 Steel Wire Drawing
33131 Alumina and Aluminum Production and
Processing
331311 Alumina Refining
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)
33142 Copper Rolling, Drawing, Extruding, and
. Alloying
331421 Copper Rolling, Drawing and Extruding
331422 Copper Wire (except Mechanical) Drawing
331423 Secondary Smelting, Refining, and Alloying of
Copper
33149 Nonferrous Metals (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
331512 Steel Investment Foundries
331513 Steel Foundries, (except Investment)
33152 Nonferrous Metal Foundries
331521. Aluminum Die-Castings
331522 Nonferrous (except Aluminum) Die-Castings
331524 Aluminum Foundries
331525 Copper Foundries
331528 Other Nonferrous Foundries
332 Fabricated Metal Product Manufacturing
33211 Forging and Stamping
332111 Iron and Steel Forging
332112 Nonferrous Forging
332114 Custom Roll Forming
332115 Crown and Closure Manufacturing
332116 Metal Stamping
-------
B-5
Appendix B
NAICS Codes
I
332117 Powder Metallurgy Part Manufacturing
33221 Cutlery and Hand Tool Manufacturing
332211 Cutlery and Flatware (except Precious)
Manufacturing
332212 Hand and Edge Tool Manufacturing
332213 Saw Blade and Handsaw Manufacturing
332214 Kitchen Utensil, Pot and Pan Manufacturing
33231 Plate Work and Fabricated Structural Product
Manufacturing
332311 Prefabricated Metal Building and Component
Manufacturing
332312 Fabricated Structural Metal Manufacturing
332313 Plate Work Manufacturing
33232 Ornamental and Architectural Metal Products
Manufacturing
332321 Metal Window and Door Manufacturing
332322 Sheet Metal Work Manufacturing
332323 Ornamental and Architectural Metal Work
•' •• 'Manufacturing
33241 Power Boiler and Heat Exchanger Manufacturing
33242 Metal Tank (Heavy Gauge) Manufacturing
33243 Metal Can, Box, and Other Metal Container
(Light Gauge) Manufacturing
332431 Metal Can Manufacturing
332439 Other Metal Container Manufacturing
332S1 Hardware, Manufacturing
3326 Spring and Wire Product Manufacturing
33261 Spring and Wire Product Manufacturing
332611 Steel Spring (except Wire) Manufacturing
332612 Wire Spring Manufacturing
332618 Other Fabricated Wire, Product Manufacturing
33271 Machine" Shops
33272 Turned Product and Screw, Nut and Bolt
Manufacturing
332721 Precision TurnedI Product ^Manufacturing
332722 BolCNut.'ScrewJ'Rivet'and'Washer
Manufacturing
33281 Coating, Engraving, Heat Treating, and Allied
Activities
332811 Metal Heat Treating
332812 Metal Coating, Engraving (except Jewelry and
Silverware), and Allied Services to
Manufacturers
332813 Electroplating, Plating, Polishing, Anodizing
and Coloring
3329 Other Fabricated Metal Product Manufacturing
33291 Metal Valve Manufacturing
332911 Industrial Valve Manufacturing
332912 Fluid Power Valve and Hose Fitting
, Mfnufacturing
332913 Plumbing Fixture Fitting and Trim
Manufacturing
332919 Other Metal Valve and Pipe Fitting
Manufacturing
33299 All Other Fabricated Metal Product Manufacturing
332991
332992
332993
332994
332995
332996
332997
332998
332999
Ball and Roller Bearing Manufacturing
Small Arms Ammunition Manufacturing
Ammunition (except Small Arms) Manufacturing
Small Arms Manufacturing
Other Ordnance and Accessories Manufacturing
Fabricated Pipe and Pipe Fitting Manufacturing
Industrial Pattern Manufacturing
Enameled Iron and Metal Sanitary Ware
Manufacturing
All Other Miscellaneous Fabricated Metal
Product Manufacturing
333 Machinery Manufacturing
33311 Agricultural Implement Manufacturing
333 111 Farm Machinery and Equipment Manufacturing
333112 Lawn and Garden Tractor and Home Lawn and
Garden Equipment Manufacturing
33312 Construction Machinery Manufacturing
33313 MJ.nmS ^ 9.'! P'd ^as F*e'd Machinery
Manufacturing
333131 Mining Machinery and Equipment Manufacturing
333132 pil.and.^ias.Fiejd Machinery and Equipment
Manufacturing
33321 Sawmill and Woodworking Machinery
Manufacturing
33322 Rubber and Plastics Industry Machinery
Manufacturing
33329 Other Industrial Machinery Manufacturing
333291 Paper Industry Machinery Manufacturing
333292 Textile Machinery Manufacturing
333293 Printing Machinery and Equipment Manufacturing
333294 Food Product Machinery Manufacturing
333295 Semiconductor Machinery Manufacturing
333298 All Other Industrial Machinery Manufacturing
33331 Commercial and Service Industry Machinery
Manufacturing
333311 , Automatic Vending Machine Manufacturing
333312 Commercial Laundry, Drycleaning and
Pressing Machine Manufacturing
333313 Office Machinery Manufacturing
333314 Optical Instrument and Lens Manufacturing
333315 Photographic and Photocopying Equipment
Manufacturing
333319 Other Commercial and Service Industry
Machinery Manufacturing
33341 Ventilation, Heating, Air-Conditioning and
Commercial Refrigeration Equipment
Manufacturing
333411 Air Purification Equipment Manufacturing
333412 Industrial and Commercial Fan and Blower
Manufacturing
333414 Heating Equipment (except Electric and Warm
Air Furnaces) Manufacturing
333415 Air-Conditioning and Warm Air Heating
Equipment and Commercial and Industrial
-------
Appendix B
NAICS Codes
B-6
Refrigeration Equipment Manufacturing
33351 Metalworking Machinery Manufacturing
333511 Industrial Mold Manufacturing
333512 Machine Tool (Metal Cutting Types)
Manufacturing
333513 Machine Tool (Metal Forming Types)
Manufacturing '
333514 Special Die and Tool, Die Set, Jig and Fixture
Manufacturing :
333515 Cutting Tool and Machine Tool Accessory
Manufacturing .
333516 Rolling Mill Machinery and Equipment
Manufacturing
333518 Other Metalworking Machinery Manufacturing
33361 Engine, Turbine and Power Transmission '
Equipment Manufacturing
333611 Turbine and Turbine Generator Set Unit
Manufacturing
333612 Speed Changer, Industrial High-Speed Drive
and Gear Manufacturing
333613 Mechanical Power Transmission Equipment
Manufacturing
333618 Other Engine Equipment Manufacturing
33391 Pump and Compressor Manufacturing
333911 Pump and Pumping Equipment Manufacturing
333912 AirandGas Compressor Manufacturing
333913 Measuring and Dispensing Pump Manufacturing
33392 Material Handling Equipment Manufacturing
333921 Elevator and Moving'Stairway Manufacturing
333922 Conveyor and Conveying Equipment
Manufacturing
333923 Overhead Traveling Crane, Hoist and ,
Monorail System Manufacturing
333924 Industrial Truck, Tractor, Trailer and Stacker
Machinery Manufacturing •
33399 All Other General Purpose Machinery
Manufacturing
333991 Power-Driven Hand Tool Manufacturing
333992 Welding and Soldering Equipment
Manufacturing
333993 Packaging Machinery Manufacturing
333994 Industrial Process Furnace and Oven
Manufacturing
333995 Fluid Power Cylinder and Actuator Manufacturing
333996 Fluid Power Pump and Motor Manufacturing
333997 Scale and Balance (except Laboratory)
.Manufacturing
333999 All Other General Purpose Machinery
Manufacturing •
334 Computer and Electronic Product Manufacturing
33411 , Computer and Peripheral Equipment
Manufacturing
334111 Electronic Computer Manufacturing
334112 Computer Storage Device Manufacturing
334113 . Computer Terminal Manufacturing
334119 Other Computer Peripheral Equipment
Manufacturing
33421 Telephone Apparatus Manufacturing
33422 Radio and Television Broadcasting and Wireless
Communications Equipment Manufacturing
33429 Other Communications Equipment Manufacturing
33431 Audio and Video Equipment Manufacturing •
33441 Semiconductor and Other Electronic Component
Manufacturing
334411 Electron Tube Manufacturing
334412 Printed Circuit Board Manufacturing
334413 Semiconductor and Related Device
Manufacturing
334414 Electronic Capacitor Manufacturing
334415 Electronic Resistor Manufacturing
334416 Electronic Coil, Transformer, and Other
Inductor Manufacturing
334417 Electronic Connector Manufacturing
334418 Printed Circuit/Electronics Assembly
Manufacturing
3 34419 Other Electronic Component Manufacturing
33451 Navigational, Measuring, Medical, and Control -
Instruments Manufacturing
334510 Electromedical and Electrotherapeutic
Apparatus Manufacturing
334511, Search, Detection, Navigation, Guidance,
Aeronautical, and Nautical System and
Instrument Manufacturing
334512 Automatic Environmental Control
Manufacturing for Residential, Commercial
and Appliance Use
334513 Instruments and Related Products
Manufacturing for Measuring, Displaying, and
Controlling Industrial Process Variables
334514 . Totalizing Fluid Meter and Counting Device
Manufacturing
334515 Instrument Manufacturing for Measuring and
Testing Electricity and Electrical Signals
334516 Analytical Laboratory Instrument Manufacturing
334517 Irradiation Apparatus Manufacturing
334518 Watch, Clock, and Part Manufacturing
334519 Other Measuring and Controlling Device
Manufacturing
33461 Manufacturing and Reproducing Magnetic and
Optical Media
334611 Software Reproducing
334612 Prerecorded Compact Disc (except Software),
Tape, and Record Reproducing
334613 Magnetic and Optical Recording Media
Manufacturing
335 Electrical Equipment, Appliance and
Component Manufacturing
33511 Electric Lamp Bulb and Part Manufacturing
-------
B-7
Appendix B
NAICS Codes
33512 Lighting Fixture Manufacturing
335121 Residential Electric Lighting Fixture
Manufacturing
335122 Commercial, Industrial and Institutional
Electric Lighting Fixture Manufacturing
335129 Other Lighting Equipment Manufacturing
33521 Small Electrical Appliance Manufacturing
335211 Electric .House-wares andHousehold Fan
Manufacturing
335212 Household Vacuum Cleaner Manufacturing
33522 Major Appliance Manufacturing
335221 Household Cooking Appliance Manufacturing
335222 Household Refrigerator and Home Freezer
••; =•':• .. ^ Manufacturing
335224 Household Laundry Equipment Manufacturing
335228 Other Major Household Appliance Manufacturing
33531 Electrical Equipment Manufacturing
335311 Power, Distribution and Specialty Transformer
Manufacturing
335312 Motor and Qeneratqr Manufacturing
335313 Switchgear and Switchboard Apparatus
Manufacturing
335314 Relay and Industrial Control Manufacturing
33591 Battery Manufacturing
335^)11 Storage Battery Manufacturing
335912 Dry and Wet Primary Battery Manufacturing
33592 Communication and Energy Wire and Cable
Manufacturing
335921 Fiber Optic Cable Manufacturing
335929 Other Communication and Energy Wire
Manufacturing
33593 Wiring Device Manufacturing
335931 Currcnt:Carrying Wiring Device Manufacturing
335932 Noncurrent-Carrying Wiring Device
Manufacturing
33599 All Other Electrical Equipment and
Component Manufacturing
335991 Carbon and Graphite Product Manufacturing
335999 All Other Miscellaneous Electrical Equipment
and Component Manufacturing
336 Transportation Equipment Manufacturing
33611 Automobile and Light Duty Motor Vehicle
Manufacturing
336111 Automobile Manufacturing
3361 i2 Light Truck and Utility Vehicle Manufacturing
33612 Heavy Duty Truck Manufacturing
33621 Motor Vchicle Body and Trailer Manufacturing
3362il 1 Motor• Vehicle Body Manufacturing
336212 truck Trailer Manufacturing
336213 Motor Home Manufacturing
336214 Travel Trailer an| 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 Fabric Accessories and Seat
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 qu pment
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
33711 Wood Kitchen Cabinet and Counter Top
Manufacturing
33712 Household and Institutional Furniture
Manufacturing
337121 Upholstered Household Furniture Manufacturing
337122 Nonupholstered Wood Household Furniture
Manufacturing
337124 Metal Household Furniture Manufacturing
337125 Household Furniture (except Wood and Metal)
Manufacturing
337127 Institutional Furniture Manufacturing
337129 Wood Television, Radio, and Sewing Machine
Cabinet Manufacturing
33721 Office Furniture (including Fixtures)
!!H
• il - •
-------
Appendix B
NAICS Codes
B-8
Manufacturing
337211 Wood Office Furniture Manufacturing
337212 Custom Architectural Woodwork and
• Millwork Manufacturing
337214 Nonwood Office Furniture Manufacturing
337215 Showcase, Partition, Shelving, and Locker
Manufacturing
33791 Mattress Manufacturing
33792 Blind and Shade Manufacturing
339 Miscellaneous Manufacturing
33911 Medical Equipment and Supplies Manufacturing
339111 Laboratory Apparatus and Furniture
Manufacturing
339112 Surgical and Medical Instrument Manufacturing
339113 Surgical Appliance and Supplies Manufacturing
33,9114 Dental Equipment and Supplies Manufacturing
339115 Ophthalmic'Goods Manufacturing
339116 Dental Laboratories
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
33992 Sporting and Athletic Goods Manufacturing
33993 Doll, Toy, and Game Manufacturing
339931 Doll and Stuffed Toy Manufacturing
339932 Game, Toy, and Children's Vehicle
Manufacturing
33994 Office Supplies (except Paper) Manufacturing
339941 Pen and Mechanical Pencil Manufacturing
339942 Lead Pencil and Art Good Manufacturing
339943 Marking Device Manufacturing
339944 Carbon Paper and Inked Ribbon Manufacturing
33995 Sign Manufacturing
33999 All Other Miscellaneous Manufacturing
339991 Gasket, Packing, and Sealing Device
Manufacturing
339992 Musical Instrument Manufacturing
339993 'Fastener, Button,Needle and Pin Manufacturing
339994 Broom, Brush and Mop Manufacturing
339995 Burial Casket Manufacturing
339999 All Other Miscellaneous Manufacturing
42 Wholesale Trade
421 Wholesale Trade, Durable Goods
422 Wholesale Trade, Nondurable Goods
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
42245 Confectionery 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 (except Bulk
Stations and Terminals) Wholesalers
42281 Beer and Ale Wholesalers - .
42282 Wine and Distilled Alcoholic Beverage Wholesalers
4229 Miscellaneous Nondurable Goods Wholesalers
42291 Farm Supplies Wholesalers
44-45 Retail Trade
4441 Building Material and Supplies Dealers
44411 Home Centers
44413 Hardware Stores ,
44419 Other Building Material Dealers
4442 Lawn and Garden Equipment and Supplies Stores
44422 Nursery and Garden Centers
453 Miscellaneous Retail
454312 Liquefied Petroleum Gas (Bottled Gas) Dealers'
454319 Other Fuel Dealers
48-49 Transportation and'Warehousing
488 Support Activities for Transportation
48811 Airport Operations
488119 Other Airport Operations
48819 Other Support Activities for Air Transportation
48821 Support Activities for Rail Transportation
48831 Port and Harbor Operations
48832 Marine Cargo Handling
48839 Other Support Activities for Water Transportation
48899 Other Support Activities for Transportation
488991 Packing and Crating
488999 AH Other Support Activities for Transportation
493 Warehousing and Storage Facilities
49311 General Warehousing and Storage Facilities
49312 Refrigerated Warehousing and Storage Facilities
49313 Farm Product Warehousing and Storage Facilities
49319 Other Warehousing and Storage Facilities
Professional, Scientific, and Technical Services
54171 Research and Development in the Physical
Sciences and Engineering Sciences
-------
Appendix B
B-9 NAlCS Codes
54172 Research and Development in the Life Sciences
562 Waste Management and Remediation Services
56221 Waste Treatment and Disposal
562211 Hazardous Waste Treatment and Disposal
562212 Solid Waste Landfill
562213 Solid Waste Combustors and Incinerators
562219 Other Nonhazardous Waste Treatment and
Disposal
5629 Remediation and Other Waste Management Services
56291 Remediation Services
56292 MaterialsJRecoYery Facilities
56299 All Other Waste Management Services
562998 All Other Miscellaneous Waste Management
Services
62 Health Care and Social Assistance
62151 Medical and Diagnostic Laboratories
621511 Medical Laboratories
62211 General Medical and Surgical Hospitals
6222 ftychiatricand'Subkance Abuse'Hpspitals '-
62221 Psychiatric and Substance Abuse Hospitals
6223 Specialty (except Psychiatric and Substance
Abuse) Hospitals
62231 Specialty (except Psychiatric and Substance
Abuse) Hospitals
i i i 11111
-------
Appendix C
PART 68 CONTACT INFORMATION
-------
Mia
f ill: i a
i Si
I _ . i!3 . * P IN ! ilBM i
APPENDIX C: PART 68 CONTACT INFORMATION
Region or State
Regional Office
Implementing Agency
Small Business Assistance
(S)-S(a(e only (oil free
(N) = National Toll free
Region 1
US EPA Region 1
Office of Environmental Stewardship (SPP)
JFK Federal Building
One Congress St.
Boston, MA. 02203-2211
(617)565-9232
(617) 565-4939 FAX
Email: dinardo.ray@epa.gov
Connecticut
Glen Daraskevich
Small Business Assistance Program
Department of Environmental Protection
Environmental Quality Division
79 Elm St.
Hartford, CT 06106
860-424-3545
fax 860-424-4063
(S) 800-760-7036
glen.daraskevich@po.state.ct.us
Maine
Brian Kavanah
Office of Pollution Prevention
Station 17
State House
Augusta, ME 04333
207-287-6188
fax 207-287-7826
(S) 800-789-9802
Massachusetts
George Frantz
Office of Technical Assistance
Exec. Office of Environmental. Affairs
100 Cambridge St., Suite 2109
Boston, MA 02202
617-727-3260, ext. 631
fax 617-727-3827
george.frantz@state.nia.us
rfti
=
-------
Region or State
Regional Office
Implementing Agency
Small Business Assistance
(S) = State only toll free
(N) = National Toll free
New Hampshire
Rudolph Cartier, Jr.
Air Resources Division
Department of Environmental Services
64 North Main Street
Caller Box 2033
Concord, NH 03302-2033
603-271-1379
FAX 603-271-1381
(S) 800-837-0656
cartier@desarsb.mr.com
Rhode Island
Pam Annarummo
Dept. of Environmental Management
Office of Technical & Customer Assistance
235 Promenade Street
Providence, RI 02908
401-277-66822, ext. 7204
fax 401-277-3810
Vermont
Judy Mirro
VT Environmental Assistance Division
Laundry Building
103 S. Main St.
Waterbury.VT 05671
802-241-3745
fax 802-241-3273
Region 2
USEPARegion2 „,
Einergency Response and Remedial Division
(MS211)! -N , „ > • v
2890 Woodbridge'Avenue
Edison, NJ 08837-3679 \ --, ~ '
(732)321-6620 i - ' ' ' ,
(732) 321-4425 FAX ' * s
Email: ulshoefer.john@epa.gov IX '
New Jersey
Bureau of Chemical Release Information and
Prevention
22 South Clinton Avenue
P.0.-Box424
Trenton, NJ. 08625-0424
609-633-7289 phone
609-633-7031 fax
sschiffman@dep.state.nj,us
Chuck McCarty
Office Permit Information and Assistance
NJ DEPE
401 East State Street
CN 423 - 3rd Floor
Trenton, NJ 08625-0423
609-292-3600
fax 609-777-1330
-------
Region or Stale
Regional Office
Implementing Agency
Small Business Assistance
(S)a Stale only loll free
(N) = National Toll free
New York
Marian Mudar
Environmental Program Manager
NYS Env. Facil. Corp,
SO Wolf Rd.-Room 598
Albany. NY 12205
518-457-9135
fax 518-485-8494
(S) 800-780-7227
Puerto Rico
Maria L. Rivera
PREQB-SBAP
IIC-91 Box 9197
Vega Alta, PR 00692-9607
787-767-8025, ext. 296
fax 787-756-5906
Virgin Islands
Marylyn Stapleton
Suite 231
8000 Nisky Center
Charlotte Amalie
St. Thomas, V.I. 00802
809-777-4577
fax 809-775-5706
Region 3
US EPA Region 3
CEPP and Site Assessment Section (3HS33)
1650 Arch Street
Philadelphia, PA 19103-2029
(215)-814-3033 ;
(215)-814-3254FAX :
Email: shabazz.rnikal@epatnail.epa.gov
Delaware
Bob Banish
DEDNREC
715GranthamLane
New Castle, DE
19720
302-323-4542
fax 302-323-4561
-------
Region or State
District of Columbia
Maryland
Pennsylvania
Virginia
West Virginia
Regional Office
Implementing Agency
Small Business Assistance
(S) = State only toll free
(N) = National Toll free
Olivia Achuko
ERA/ARMD
2100M.L,KingAve.,SE
Washington,'DC 20020
202-645-6093, ext. 3071
fax 202-645-6102
Linda Moran
Small Business Assistance Program
Air & Radiation Mgmt. Adm.
MD Department of the Environment
2500 Broening Hwy.
Baltimore, MD 21224
410-631-4158
-fax 410-631-3896 -
(N) 800-433-1247
Cecily Beall
PRC Env. Management Inc.
6th Floor
1800 JFK Blvd.
Philadelphia, PA 19103
2.15-656-8709
fax 215-972-0484
(S) 800-722-4743
beallc@prcemi.com
Richard Rasmussen
VADEQ/Air Division
Small Business Assistance Program
PO Box 10009
Richmond, VA 23240
804-698-4394
fax 804-698-4501
(S) 800-592-5482
rgrasmusse@deq.state.va.us
Fred Durham
WV Office of Air Quality
Air Program Annex
1558 Washington St. East
Charleston, WV 25302
304-558-1217
fax 304-558-1222
(S) 800-982-2472
-------
Region or State
Region 4
Alabama
Florida
Regional Office ;
US EPA Region 4
Air Pesticides and Toxics Management
Division
Atlanta Federal Center
61 Forsyth Street, SW
Atlanta, GA 30303
(404)562-9121
(404) 562-9095 FAX
Email: patmon.michel1e@epa.gov
Implementing Agency
Eve Rainy
State of Florida
Dept. of Community Affairs
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Fla. 32399-2100
(850)413-9914 phone
(850) 488- 1739 fax
eve.rainey@DCA.STATE,FL.US
Beth Hardin
Division of Air Resources and Management
Florida Department of Environmental
Regulation
2600 Blair Stone Road
Tallahassee, Fla. 32399-2400 .
(850)921-9549 phone
(850) 922-6979 fax
Hardin_E@dep.state.fl.us
Small Business Assistance
(S)=Slale only toll free
(N) = National Toll free
James Moore
AL DEM Air Division
PO Box 30 1463
Montgomery, AL
36130-1463
334-271-7861
fax 334-271-7950
(N) 800-553-2336
Elsa Bishop
Division of Air Res. Mgmt.
FL Dept, of Env. Protection
2600 Blair Stone Rd.
MS5500
Tallahassee, FL
32399-2400
904-488-0114
fax 904-922-6979
(S) 800-722-7457
l-HI
- f ~ ;--: :
1
:
-------
Region or State
Regional Office
Implementing Agency
Small Business Assistance
(S) = State only toll free
(N) = National Toll free
Georgia
KentHowell
Georgia Dept. Of Natural Resources
Environmental Protection Division
7 M.L. King Jr. Drive, Suite 139
Atlanta, Ga. 30334
(404) 656-6905 phone
(404) 657-7893 fax
kent_howell@mail.dnr.state.ga.us
Anita Dorsey-Wprd
DNR/EPD/APB
Suite 120
4244 Intl. Parkway
Atlanta, GA 30354
404-362-4842
fax 404-362-2534
anita_dprsey-word@mail.dnr.state.ga.us
Kentucky
Gregory C. Copley
Director, BEAP
University of Kentucky
227 Bus. & Eco. Bldg.
Lexington, KY 40506-0034
606-257-1131
fax 606-257-1907
(N) 800-562-2327
gccopll @pop.uky.edu
Mississippi
Danny Jackson
Mississippi Dept. of Environmental Quality
Office of Pollution Control, Air Division
P.O. Box 10385
Jackson, Ms. 39289r0385
(601) 961-5225 phone
(601) 961-5725 fax
Jackson_Danny@deq.state.ms.us*
Danny Jackson
Air Quality
Office of Policy Control/DEQ
POBox 10385
Jackson, MS '39289-0385
601-961-5171 - ;
fax 601-961-5742
North Carolina
Mike Chapman
Air Quality Section
North Carolina Dept of Environment, Health
and Resources
P.O.Box 29580
Raleigh, N.C. 27626-0580
(919) 715-3467 phone
(919) 733-1812 fax
micheal_chapman@aq.ehnr.state.nc.us
Fin Johnson -
Dept. of Env. Health & Nat. Resources
PO Box 29583
Raleigh, NC 27626
919-733-1267
fax 919-715-6794
finjohnson@owr.ehnr.state.nc.us •,
-------
• t
Si
it..
Region or State
South Carolina
Tennessee
Region 5
Illinois
Indiana
Regional Office
US EPA Region 5
Superfund Division (SC6J)
77 W.Jackson Blvd.
Chicago, IL 60604
(312)886-4061
(312) 886-6064 FAX
Email: mayhugh.robert@epa.gov
Implementing Agency
Rhonda B. Thompson
Bureau of Air Quality Control
South Carolina Department of Health and
Environmental Health
2600 Bull Street
Columbia, S.C. 29201
(803) 734-4750 phone
(803) 734-4556 fax
thompsrb@columb31 .dhcc.state.se.us
Small Business Assistance
(S) * State only toll free
(N)» National Toll free
Chad Pollock
SCDHEC
EQC Administration
2600 Bull Street
Columbia, SC 29201
803-734-2765
fax 803-734-9196
(N) 800-819-9001
pollocrc@columb30.dhec.slatc.se.us
Linda Sadler
Small Business Assist. Program
8th Floor
L&C Annex
401 Church St.
Nashville, TN 37243
615-532-0779
fax 615-532-0614
(S) 800-734-3619
Mark Enstrom
111. Dept. of Commerce & Community Affairs
620 East Adams St. S-3
Springfield, IL 62701
217-524-0169
fax 217-785-6328
mestrom@mhd084rl.state.il.us
Cheri Storms
IDEM/OPP&TA/VOC
Room 1320
100 N. Senate
PO Box 6015
Indianapolis, IN 46206-6015
317-233-1041
fax 317-233-5627
cstor@opn.dem.state.in.us
HE »
111
ilg
;S ^ |
:?- ^ iJiatl; -. »;; 1
Iw i i*l I
-------
Region or State
Michigan
Minnesota
Ohio
Wisconsin
Region 6
Regional Office
US EPA Region 6 •-
Superfund Division (6SF-RP)/
1445 Ross Avenue
DallasMTX 75202-2733
(214)665-2292^
(214) 665-7447 FAX
Email: mason.steve@epa.gov
Implementing Agency
Small Business Assistance
(S) = State only toll free
(N) = National Toll free
Dave Fiedler
Environmental Services Division
MI DEQ
PO Box 30457
Lansing, MI 48909
517-373-0607
fax 517-335-4729
(8)800-662-9278
Barbara Conti
MPCA/AQPD/SBAP
520 Lafayette Rd.
St. Paul, MN 55155-4194
612-297-7767
fax 612-297-7709
(N) 800-657-3938
barbara.conti@pca.state.mn.us
RiskCarleski
OH EPA
Division of Air Pollution Control
1600 Watermark Dr.
Columbus, OH 43215
614-728-1742
fax 614-644-3681
richard_carleski@central.epa.ohio.gov
Pam Christenson
WI Clean Air Assistance Program
Department of Commerce, 9th Floor
123 W. Washington Ave
Madison, WI 53703 ' , •
608-267-9214
fax 608-267-0436
(N) 800-435-7287
pchriste@mail.state.wi.us
-------
I III! f
Region or State
Arkansas
Louisiana
New Mexico
Oklahoma
Texas
Regional Office
•
Implementing Agency :
vSmall Business Assistance
(S);= State only toll free
(N) = National Toll free
Robert E Graham
ARDPE
PO Box 89 13
Liltle Rock, AR 72219-8913
501-682-0708
fax 501-562-0297
Vic Tompkins
LA Dept. of Env. Quality (Air)
7290 Bluebonnei
P.O,Box82135
Baton Rouge, LA 70884-2135
FAX 504-765-0921
(S) 800-259-2890
vic_t@deq,state.la.us
Cecilia Williams
Lanny Weaver
NM ED/AQB
Harold Runnels Bldg.
Santa Fe, NM 87502
505-827-0042 (cwilliams)
505-827-0043 (Iweaver)
(S) 800-8 10-7227
Alwin Ning
OK DEQ/SBAP
1000 N.E. 10th St.
Oklahoma City, OK 731 17-1212
405-271-1400
fax 405-271-13 17
Kerry Drake
Small Business Tech. Asst. Program
PO Box 13087
Austin, TX 787 11 -3087
512-239-1112
fax 5 1^-239- 1065
(S) 800-447-2827
kdrake@tnrcc.state.tx.us
= = • E = S
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-------
•#> •»
Region or State
Region 7
Iowa
Kansas
Missouri
Regional Office
US EPA Region 7
•Air, RCRA, and Toxics Division
(ARTD/TSPP) ,
726 Minnesota Ave.
Kansas City, KS 66101
(913)551-7876 •-
v(9i3) 551-7065 FAX ,
Email: smith.marka@epa.gov, ,
Implementing Agency
Small Business Assistance
(S) = State only toll free
(N) = National Toll free
Somnath Dasgupta
John Konefes
IA Waste Reduction Center
Unv. Of Northern Iowa
75 Biol. Res. Comp.
Cedar Falls, IA 506 14-0 185
319-273-2079
fax 3 19-273-2926
(8)800-422-3109
dasgupta@uni.edu
Frank Orzulak
Director of Continuing Education
Continuing Education Bldg.
U. of Kansas
Lawrence, KS 66045-2608
913-864-3978
fax 9 13-864-5827
(3)800-578-8898
forzulak@falcon.cc.ukans.edu
Byron Shaw
DNR Technical Assistance Program
Jefferson State Office Building
PO Box 176
Jefferson City, MS 65 102
314-526-5352
fax 3 14-526-5808
-------
Region or State
Regional Office
Implementing Agency
Small Business Assistance
(S) 3 Slate only toll free
(N) = National Toll free
Nebraska
Dan Eddinger
Public Advocate
Dept. of Environmental Quality
PO Box 98922
Lincoln, NE 68509-8922
402-471-3413
fax 402-441-2909
deddingjuno,com
Region 8
US EPA Region 8
Ecosystems Protection and Remediation
(8EPR-ER)
One Denver Place
999-18th Street, Suite 500
Denver, CO 80202-2405
(303)312-6760
(303) 312-6071 FAX
Email: benoy.barbara@epa.gov
Colorado
Nick Melliadis
Air Pollution Control Division
Dept. of Public Health & the Environment
4300 Cherry Creek Drive - South
Denver, CO 80222-1530
303-692-3175
fax 303-782-5493
(N) 800-333-7798
nick.melliadis@state.co.us
Montana
Adel Johnson
Dept. Of Environmental Quality
Air Quality Division
MetcalfBldg.
1520E.6thAve.
Helena, MT 59620-0501
406-444-4194
fax 406-444-5275
(S) 800-433-8773
l «
-------
Implementing Agency
Small Business Assistance
(S) = State only toll free
(N) = National Toll free
Tom Bachman
NDDept. of Health
Division of Environmental Engineering
1200 Missouri Ave.
PO Box 5520
Bismark, ND 58506-5520
701-328-5188
fax 701-328-5200
(S) 800-755-1625
Bryan Gustafson
Dept. Env. & Nat. Resources
Joe Foss Bldg.
523 East Capital Ave.
Pierre, SD 57501
605-773-3351
fax 605-773-6035
Frances Bernards
UT DEQ
Div. of Air Quality
PO Box 144820
Salt Lake City, UT 84114-4820
801-536-4056
fax 801-536-4099
(S) 800-270-4440
fbernard@deq.state.ut.us
Charles Raffelson
Dept. of Env. Quality
Div. of Air Quality
122 W. 25th Street
Cheyenne, WY 82002
307-777-7391
fax 307-777-5616
craffe@missc.state.wy.us
Region or State
North Dakota
South Dakota
Utah
Wyoming
Region 9
Regional Office
'US EPA Region 9 ^ , •
Superfund Division (SFD-5)
v75"Hawthorne Street ,, ,
San Francisco,1 CA^WIOS t
(415) 744-2320"
(415) 7,44-1916 PAX,
-------
Region or State
Arizona
California
Guam
Hawaii
Nevada
Region 10
Regional Office
US,EPA Region 10
Emergency Response & Site Cleanup Unit
(ECL-116)
Office of Environmental Cleanup
U.S. EPA Region 10
1200 Sixth Ave.
Seattle, WA 98101
206-553-0285
Implementing Agency
Small Business Assistance
(S) = Slate only (oil free
(N) = National Toll free
Greg Workman
DEQ/Customer Service
3033 N. Central Ave.
Phoenix, AZ 85012
602-207-4337
fax 602-207-4872
(S) 800-234-5677 (x4337)
workman.gregory@ev.state.az.us
Peter Venturini
CA EPA - Air Resource Board
Stationary Source
2020 L Street
Sacramento CA, 95814-4219
916-445-5023
fax 916-445-5023
Robert Tarn
HI Department of Health
Clean Air Branch
919 Ala Moana Blvd.
Honolulu, HI 96814
808-586-4200
fax 808-586-4370
David Cowperthwaite
Small Business Program Manger
Div. Of Env. Protection
333 West Nye Lane
Carson City, NV 89710
702-687-4670x3118
fax 702-687-5856
(S) 800-992-0900 x4670
-------
Region or State
Alaska
Idaho
Oregon
Washington
Regional Office
Implementing Agency
Small Business Assistance
(S) = State only toll free
(N) = National Toll free
Scott Lytle
Alaska Department of Env. Conservation
555 Cordova St.
Anchorage, AK 99501-2617
907-269-7571
fax 907-269-7600
(8)800-510-2332
slytle@envircon.state.ak.us
Doug McRoberts
IDEQ/PL&E
Statehouse Mail
1410 North Hilton
Boise, ID 83706-1290
208-373-049?
fax 208-373-0169
dmcrober@deq.state.id.us
Terry Obteshka
ODEQ '
Air Quality Division
811S.W.6thAve.
Portland, OR 97204-1390
503-229-6147
fax 503-229-5675
(8)800452-4011
terry .obteshka@state.or.us
Bernard Brady
Department of Ecology
PO Box 47600
Olympia, WA 98504-7600
360-407-6803
fax 360-407-6802
bbra461 ©ecy.wa.gov
-------
-------
Appendix D
OSHA Contacts
-------
Mi! MS i : " i i
' APPENDIX D: ;OSHA CONTACTS
Region or State
Regional Office
Consultive Program
State Plan States
Region 1
Hll i ll
JFK Federal Building
RoomE340
Boston, MA 02203
phone: (617)565-9860
fax: (617) 565-9827
Connecticut
Connecticut Department of
Labor
Division of Occupational
Safety & Health
38 Wolcott Hill Road
Wethersfield, Connecticut
06109
(203) 566-4550
(203) 566-6916 FAX
steve.wjeeter @ ct-ce-
wethrsfld.osha.gov E-mail
Department of Labor
200 Folly Brook Boulevard
Wethersfield, CT 06109
Program Director's Office
Steven Wheeler
phone: (860) 566-4550 fax:
(860) 566-6916
James P. Butler,
Commissioner
(860) 566-5123 (f) (860) 566-
1520
*
s.
Maine
Division of Industrial Safety
Maine Bureau of Labor
State House Station #82
Augusta, Maine 04333
(207) 624-6460
(207) 624-6449 FAX
david.e.wacker@state.me.us
E-mail
!( II
|! !!
-------
Region or State
Regional Office
Consultive Program
State Plan States
Massachusetts
Commonwealth of
Massachusetts
Dept. of Labor & Industries
1001 Watertown Street
West Newton, Massachusetts
02165
(617) 727-3982 . "
(617) 727-4581 FAX
jlamalva@N218.osha.gov E-
mail
New Hampshire
New Hampshire Department
of Health
Division of Public Health
Services
6 Hazen Drive
Concord, New Hampshire
03301-6527 „
(603) 271-2024
(603) 271-2667 FAX
jake@nh7cl.mv.com E-mail
-------
Region or State
Regional Office
Consullive Program
State Plan States
Rhode Island
Rhode Island Department of
Health
Division of Occupational
Health
3 Capital Hill
Providence, Rhode Island
02908
(401) 277-2438
(401) 277-6953 FAX
oshacon@ids.net E-mail
Vermont
|i
Division of Occupational
Safety & Health
Vermont Department of Labor
and Industry
National Life Building,
Drawer 20
Montpelier, Vermont
05602-3401
(802) 828-2765
(802) 828-2748 FAX
web@labor.lab.state.vt.us
E-mail
Department of Labor and
Industry
National Life Building -
Drawer 20
120 State Street
Montpelier, VT 05620
Robert McLeod, Project
Manager
phone: (802) 828-2765 fax:
(802) 828-2195
Steve Jansen, Commissioner
(802) 828-2288 (f) (802) 828-
2748
Region 2
201Varick Street
Room 670
New York, NY 10014
phone: (212) 337-2378
fax:(212)337-2371
I
-------
Region or State
Regional Office
Consultive Program
State Plan States
New Jersey
Department of Labor
Div. of Publi Safety and
Occupational Safety and
Health , .
225 E. State Street, 8th Floor
West
P.O. Box 953
Trenton, NJ 08625-0953
609-292-3923
609-292-4409 FAX
carol.farley@nj-c-
trenton.osha.gov E-mail
New York
Division of Safety and Health
State Office Campus
Building 12, Room 130
Albany, New York 12240
(518)457-1169
(518) 457-3454 FAX
james.rush @ny-ce-
albany.osha.gov E-mail
Department of Labor
W. Averell Harriman State
Office Building -12, Room
500
Albany, NY 12240
Richard Guculo, Program
Director
phone: (518) 457-3518 fax:
(518)457-6908
James McGowan,
Commissioner
(518) 457-2741 (f) (518) 457-
6908
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Region or State
Puerto Rico
Virgin Islands
Regional Office
Consultive Program
Occupational. Safety and
Health Office
Dept. of Labor & Human
Resources, 21st Floor
505 Munoz Rivera Avenue
Hato Rey, Puerto Rico 00918
(809) 754-2188
(809) 767-6051 FAX
Division of Occupational
Safety and Health
Virgin Islands Department of
Labor
3021 Golden Rock
Christiansted
St. Croix, Virgin Island 00840
(809)772-1315
(809) 772-4323 FAX
State Plan States
Department of Labor and
Human Resources
Prudencio Rivera Martinez
Building
505 Munoz Rivera Avenue
Hato Rey, Puerto Rico 00918
Cesar J. Almodovar-
Marchany, Secretary
phone: (787) 754-2119 fax:
(787) 753-9550
Assistant Secretary's Office
Ana Lopez
phone: (787) 754-2119 or
2171
fax: (787) 767-6051
Department of Labor
2131 Hospital Street
Box 890, Christiansted
St. Croix, Virgin Islands
00820-4666
Raymond Williams, Program
Director
phone: (809) 772-1315 fax:
(809)772-4323
liilij
t j| 1-J-
irll
-------
Region or State
Regional Office
Consultive Program
State Plan States
Region 3
Gateway Building
Suite'2100 i ' -
3535 Market Street
Philadelphia, PA 19104
phone: (215) 596-1201
fax: (2i5) 596-4872 '^
Delaware
Delaware Department of Labor
Division of Industrial Affairs
Occupational Safety and
Health
4425 Market Street
Wilmington, Delaware 19802
(302)761-8219
(302) 761-6601 FAX
Hrznadel@state.de.us E-mail
District of Columbia
DC Department of
Employment Services
Office of Occupational Safety
and Health
950 Upshur Street, N.W.
Washington, D.C. 20011
(202)576-6339
(202) 576-7282 FAX
jcates@n217.osha.gov
-------
Region or State
Regional Office
Consultive Program
ill State Plan States
Maryland
Division of Labor and Industry
312 Marshall Avenue, Room
600
Laurel, MD 20707
410-880-4970
410-880-6369 FAX
Division of Labor and Industry
Dept. of Licensing and
Regulation
1100 North Eutaw Street,
Room 613
Baltimore, MD 21201-2206
John P. O'Conner,
Commissioner
phone: (410) 767-2215 fax:
(410) 767-2003
Ileana O'Brien, Deputy
Commissioner
phone: (410) 767-2992 fax:
(410) 767-2003
Pennsylvania
Indiana University of
Pennsylvania
Safety Sciences Department
205 Uhler Hall
Indiana, Pennsylvania
15705-1087
(412) 357-2561
(412) 357-2385 FAX
rchriste@grove.iup.edu E-mail
-------
. Region or State
Regional Office
Consultive Program
State Plan States
Virginia
Virginia Department of Labor
and Industry
Occupational Safety and
Health
Training and Consultation
13 South 13th Street
Richmond, Virginia 23219
(804) 786-6359
(804) 786-8418 FAX
nj akubecdoli @ sprintmail.com
E-mail
Department of Labor and
Industry
Powers-Taylor Building
13 South 13th Street
Richmond, VA 23219
Theron Bell, Commissioner
phone: (804) 786-2377 fax:
(804) 371-6524
Charles Lahey, Deputy
Commissioner »
phone: (804) 786-2383 fax:
(804)371-6524
West Virginia
West Virginia Department of
Labor
Capitol Complex Building #3
1800 East Washington Street,
Room 319
Charleston, West Virginia
25305
(304) 558-7890
(304) 558- 3797 FAX
Region 4
61fForsyth Street, SW
Atlanta, GA 30303
phone: (404) 562-2300
fax: (404) 562-2295
-------
II
-
3T
WJ
ffi
II
!£;
E>
IBs
!l :
g; . -;•-
ll : J
Region or State
Alabama
Florida
Georgia
Regional Office
Consul live Program i
Safe State Program
University of Alabama
432 Martha Parham West
PO Box 870388
Tuscaloosa, Alabama 35487
(205) 348-3033
(205) 348-3049 FAX
bweems@ua.edu E-mail
Florida Dept. of Labor and
Employment Security
7(c)(l) Onsite Consultation
Prog. Div. of Safety
2002 St. Augustine Road,
Building E, Suite 45
Tallahassee, Florida 32399
(850) 922-8955
(904) 922-4538 FAX
brettcreco@safetyfl.org E-mail
Onsite Consultation Program
Georgia Institute of
Technology
O'Keefe Building, Room 22 .
Atlanta, Georgia 30332
(404) 894-2646
(404) 894-8275 FAX
paul.middendorf@gtri.gatech.e
du E-mail
State Plan States
It
-------
Region or State
Regional Office
Consultive Program
State Plan States
Kentucky
Division of Education and
Training
Kentucky Labor Cabinet
1049 U.S. Highway 127 South
Frankfort, Kentucky 40601
(502) 564-6895
(502) 564-4769 FAX
arussell@mail.lab.state.ky.gov
E-mail
Labor Cabinet
1047 U.S. Highway 127 So.,
Suite 2
Frankfort, Kentucky 40601
Joe Norsworthy, Secretary
phone (502) 564-3070 fax:
(502)564-5387
Steven A. Forbes, Fed/State
Coordinator
phone: (502) 564-2300 fax:
(502)564-1682
Mississippi
Mississippi State University
Center for Safety and Health
2906 North State Street, Suite
201
Jackson, Mississippi 39216
(601)987-3981
(601) 987-3890 FAX
Kelly@nl98.osha.gov E-mail
-------
I; a:! Oi si'
Region or State
Regional Office
Consultive Program
State Plan States
North Carolina
Bureau of Consultative
Services
North Carolina Dept. of Labor
319 Chapanoke Road, Suite
105
Raleigh, North Carolina
27603-3432
(919) 662-4644
(919) 662-4671 FAX
wjoyner@dol.state.nc.us
E-mail
Department of Labor
319 Chapanoke Road
Raleigh, NC 27603
Harry Payne, Commissioner
phone: (919) 662-4585 fax:
(919) 662-4582
Charles Jefress, Deputy
Commissioner
phone (919) 662-4585 fax:
(919) 662-4582
South Carolina
South Carolina Department of
Labor
Licensing and Regulation
3600 Forest Drive
PO-Box 11329
Columbia, South Carolina
29204
(803) 734-9614
(803) 734-9741 FAX
scoshaovp@infoave.net
E-mail
Department of Labor,
Licensing, and Regulation
Koger Office Park, Kingstree
Building
110 Centerview Drive
PO Box 11329
Columbia, SC 29210
William Lybrand, Program
Director
phone: (803) 734-9594 fax:
(803) 734-9772
Lewis Gossett, Director
(803) 896-4300 (f) (803) 896-
4393
t i.
-------
Region or State
Regional Office
Consultive Program
State Plan States
.Tennessee
OSHA Consultative Services
Tennessee Department of
Labor
710 James Robertson
Parkway, 3rd Floor
Nashville, Tennessee
37243-0659
(615) 741-7036
(615) 532-2997 FAX
mike.maenza@tn-c-
nashville.osha.gov E-mail
Department of Labor
710 James Robertson Parkway
Nashville, TN 37243
David R. Inman, Program
Director
phone: (615) 741-2793 fax:
(615)741-3325
Alphonso R. Bodie,
Commissioner
(615) 741-2582 (f) (615) 741-
5078
Region 5
230 South Dearborn Street
Room 3244 ;,i ' ^ ' „"*'
Chicago: IL 60604 >
phone: (3*12) 353-2220 , •'
fak:'(3i2) 353-7774""*
Illinois
Industrial Service Division
Department of Commerce &
Community Affairs
State of Illinois Center, Suite
3-400
100 West Randolph Street
Chicago, Illinois 60601
(312)814-2337
(312) 814-7238 FAX
sfryzel@commerce.state.il.us
E-mail
-------
I Ir E i !
I si ti i !
I I
M !!«
'IS
Region or State
Regional Office
Consulfive Program
Stale Plan States
Indiana
Bureau of Safety, Education
and Training
Division of Labor, Room
W195
402 West Washington
Indianapolis, Indiana 46204
(317)232-2688
(317) 232-0748 FAX
Jon.mack @ nin-ce-
indianpls.osha.gov E-mail
Department of Labor
State Office Building
402 West Washington Street,
RoomW195
Indianapolis, IN 46204
Timothy Joyce, Commissioner
phone: (317) 232-2378 fax:
(317)233-3790
John Jones, Deputy
Commissioner
phone: (317) 232-3325 fax:
(317)233-3790
Michigan
Michigan Dept of Public
Health
Division of Occupational
Health
3423 North Martin Luther
King Boulevard
Lansing, Michigan 48909
(517) 335-8250
(517) 335-8010 FAX
john.peck@cis.state.mi.us E-
mail
Department of Consumer and
Industry Services North
3423 No. Martin Luther King
Boulevard
PO Box 30649
Lansing, MI 48909
Kathleen M. Wilbur, Director
phone: (517) 373-7230 fax:
(517) 373-2129
Douglas E. Earle,
Program Director for Safety
and Health
phone: (517) 322-1814 fax:
(517)335-8010
-------
Region or State
Regional Office
Consultive Program
State Plan States
Minnesota
Department of Labor and
Industry
443 LaFayette Road
Saint Paul, Minnesota 55155,
(612)297-2393
(612) 297-1953 FAX
james.collins@state.mn.us E-
mail
Department of Labor and
Industry
443 Lafayette Road
St.,Paul, MN 55155
Gretchen B. Maglich,
Commissioner
phone: (612) 296-2342 fax:
(612) 282-5405
Roslyn Wade, Assistant
Commissioner
phone: (612) 296-6529 fax:
(612)282-5405
Ohio
Bureau of Employment
Services
145 S. Front Street
Columbus, Ohio 43216
(614)644-2246
(614) 644-3133 FAX
owen@ri222.osha.gov E-mail
-------
f I
1 !
Region or State
Regional Office
Consultlve Program
State Plan States
I i
I i
Wisconsin
Wisconsin (Health)
Wisconsin Department of
Health and Human Services
Section of Occupational
Health, Room 112
1414 East Washington Avenue
Madison, Wisconsin 53703
(608) 266-8579
(608) 266-9711 FAX
Wisconsin (Safety)
Wisconsin Department of
Industry
Labor and Human Relations
Bureau of Safety Inspections
401 Pilot Court, Suite C
Waukesha, Wisconsin 53188
(414) 521-5063
(414) 521-8614 FAX
L1163@n215.osha.gov E-mail
Region 6
525 Griffin Street
Room 602
Dallas, TX 75202
phone: (214)767-4731
fax:(214)767-4137
r !
-------
Region or State
Regional Office
Consultive Program
State Plan States .
Arkansas
OSHA Consultation
Arkansas Department of Labor
10421 West Markham
Little Rock, Arkansas 72205
(501)682-4522
(501) 682-4532 FAX
clark@n237.osha.gov E-mail
Louisiana
7(c)(l) Consultation Program
Louisiana Department of
Labor
Post Office Box 94094
Baton Rouge, Louisiana 70804
(504) 342-9601
(504) 342-5158 FAX
oshacons@eatel.net E-mail
New Mexico
New Mexico Environment
Dept
Occupational Health and
Safety Bureau
525 Camino de Los Marquez,
Suite3
PO Box 26110
Santa Fe, New Mexico 87502"
(505) 827-4230
(505) 827-4422 FAX
deborah@n023.osha.gov E-
rhail
Environment Department
1190 St. Francis Drive
PO Box 26110
Santa Fe, New Mexico 87502
Mark E. Weilder, Secretary
phone: (505) 827-2850 fax:
(505) 827-2836
Sam A, Rogers, Chief
phone: (505) 827-4230 fax:
(505)827-2836
-------
IB
Region or State
Regional Office
Consul live Program
State Plan States
Oklahoma
Oklahoma Department of
Labor
OSHA Division
4001 North Lincoln Boulevard
Oklahoma City, Oklahoma
73105-5212
(405) 528-1500
(405) 528-5751 FAX
Ieslie@n238.osha.gov E-mail
w
fc!
B
la
V,.
te
Texas
Workers' Health and Safety
Division
Workers' Compensation
Commission
Southfield Building
4000 South IH 35
Austin, Texas 78704
(512)440-3854
(512) 440-3831 FAX
margaret.nugent@mail.capnet.
state.tx.us
if
as
BT
fc
Region 7
City Center Square
HOP Main Street
Suite 800
Kansas City, Missouri 64105
phone: (816) 426-5861
fax: (816) 426.2750
-------
Region or State
Regional Office
Consultive Program
State Plan States
Iowa
7(c)(l) Consultation Program
Iowa Bureau of Labor
1000 East Grand Avenue
Des Moines, Iowa 50319
(515)281-5352
(515) 281-4831 FAX
Division of Labor Services
1000 E. Grand Avenue
Des Moines, Iowa 50319
Mary L. Bryant, Administrator
phone: (515) 281-3469 fax:
(515)281-7995
Byron K. Orton,
Commissioner
(515) 281-3447 (f) (515) 242-
5144
Kansas
Dept. of Human Resources
512 South West 6th Street
Topeka, Kansas 66603
(913) 296-7476
(913) 296-1775 FAX
rudy.leutzinger@ks-ce-
topeka.gov E-mail
Missouri
Division of Labor Standards
Dept. of Labor & Industrial
Relations
3315 West Truman Boulevard
P.O. Box 449
Jefferson City, Missouri 65109
(573)751-3403
(573) 751-3721 FAX
rsimmons @ services.state.mo.u
s E-mail
-------
I!
-p
Ii
a
!•
i
51
ii
Region or State
Regional Office
Consult! ve Program
State Plan States
Nebraska
Division of Safety Labor &
Safety Standards
Nebraska Department of Labor
State Office Building, Lower
Level
301 Centennial Mall, South
Lincoln, Nebraska 68509-5024
(402) 471-4717
(402) 471-5039 FAX
amy@n214.osha.gov E-mail
Region 8
1999 Broadway
Suite 1690
Denver, CO 80202
phone: (303) 844-1600
fax: (303) 844-1616
Colorado
Colorado State University
Occupational Safety and
Health Section
115 Environmental Health
Building
Fort Collins, Colorado 80523
(303) 491-6151
(303) 491-7778 FAX
jdsand@lamar.colostate.edu
E-mail
ii
H
n
!M
-------
Region or State
Regional Office
Consultive Program
State Plan States
Montana
Montana
Dept. of Labor and Industry
Bureau of Safety
PO Box 1728
Helena, Montana 59624-1728
(406)444-6418
(406) 444-4140 FAX
dfolsom@mt.gov E-mail
North Dakota
Division of Environmental
Engineering
1200 Missouri Avenue, Room
304
Bismarck, North Dakota
58506-5520
(701)328-5188
(701) 328-5200 FAX
ccmail.lhuber@ranch,state.nd.
us E-mail
-------
.«* ,«i is Bi its, ; ik
" " " (PI !!!ji i II
Region or State
Regional Office
Consultive Program
State Plan States
South Dakota
Engineering Extension
Onsite Technical Division
South Dakota State University
Box 510
West Hall
907 Harvey Dunn Street
Brookings, South Dakota
57007
(605) 688-4101-
(605) 688-6290 FAX
scoshaovp @ infoave.net
E-mail
Utah
Utah Industrial Commission
Consultation Services
160 East 300 South
Salt Lake City, Utah
84114-6650
(801) 530-6868
(801) 530-6992 FAX
icmain.nandetso @ state.ut.us
E-mail
Labor Commission
160 East 300 South, 3rd Floor
PO Box 146650
Salt Lake City, UT 84114-
6650
Jay W. Bagley, Administrator
phone: (801) 530-6898 fax:
(801) 530-7606
R. Lee Ellertson,
Commissioner
(801) 530-6898 (f) (801) 530-
6880
*-:
III I
-------
Region or State
Regional Office
Consultive Program
State Plan States
Wyoming
Wyoming Department of
Employment
Workers' Safety and
Compensation Division
Herschler Building, 2 East
122 West 25th Street
Cheyenne, Wyoming 82002
(307) 777-7786
(307) 777-3646 FAX
Department of Employment
Worker's Safety and
Compensation Div.
Herschler Building, 2nd Floor
East
122 West 25th Street
Cheyenne, WY 82002
Stephan R. Foster, Safety
Administrator
phone: (307) 777-7786 fax:
(307V777-5850
Region 9
71 Stevenson Street
San Francisco, CA 94105
phone: (415) 975^4310^
fax:(415)7444319
Arizona
Consultation and Training
Industrial Commission of
Arizona
Diyision of Occupational
Safety & Health
800 West Washington
Phoenix, Arizona 85007
(602) 542-5795
(602) 542-1614 FAX
henry@n245.osha.gov E-mail
Industrial Commission
800 W. Washington
Phoenix, AZ 85007
Derek Mullins, Program
Director
phone: (602) 542-5795 fax:
(602)542-1614 *
Larry Etchechury, Director
(602) 542-5796 (f) (602) 542-
1614
-------
•= - iis= «»i •
I 1
Region or State
I i
Regional Office
:,! i
Consmltive Program
State Plan States
California
CAL/OSHA Consultation
Service
Department of Industrial
Relations
Room 1260
45 Freemont Street
San Francisco, CA 94105
(415) 972-8515
(415) 972-8513 FAX
DCBare@hq.dir.ca.gov E-mail
Department of Industrial
Relations
45 Freemont Street
San Francisco, CA 94105
Dr. John Howard, Chief
phone: (415) 972-8500 fax:
(415)972-8513
John Duncan, Director
(415) 972-8835 (f) (415) 972-
8848
Guam
OSHA Onsite Consultation
Dept. of Labor, Government of
Guam
PO Box 9970
Tamuning, Guam 96931
(671) 475-0136
(671) 477-2988 FAX
Hawaii
Consultation & Training
Branch
Dept of Labor and Industrial
Relations
830 Punchbowl Street
Honolulu, Hawaii 96813
(808) 586-9100
(808) 586-9099 FAX
Department of Labor and
Industrial Relations
830 Punchbowl Street
Honolulu, HI 96813
Loraine H Akiba, Director
phone: (808) 586-8844 fax:
(808) 586-9099
Jennifer Shishido,
Administrator
phone: (808) 586-9116 fax:
(808) 586-9104
-------
Region or State
Regional Office
Consultive Program
State Plan States
Nevada
Division of Preventive Safety
Department of Industrial
Relations, Suite 106
2500 West Washington
Las Vegas, Nevada 89106
(702)486-5016
(702) 486-5331 FAX
dalton.hooks @ nv-ce-r
lasvegas.osha.gov E-mail
Division of Industrial
Relations
400 West King Street
Carson City, Nevada 97502
Ron Swirczek, Administrator
phone(702) 687-3032 fax:
(702)687-6305
Danny Evans, Assistant
Administrator
phone: (702) 687-3250 fax:
(702) 687-6150
Region 10
1111 Third Avenue V
Suite'715 *„ '- ** •
'Seattle, Washington 98101-
3212 , ^ _.,'"
phone: (206)'553-5930
fax: (206) 553-6499 •
Alaska
ADOL/OSHA Division of
Consultation
3301 Eagle Street
P.O. Box 107022
Anchorage, Alaska 99510
(907) 269-4957
(907) 269-4950 FAX
timothybundy @ labor. state, ak.
us E-mail
Department of Labor
1111 W. 8th Street, Room 306
Juneau, AK 99801
Alan W. Dwyer, Program
Director
phone: (907) 465-4855 fax:
(907)465-3584 -
Tom Cashen, Commissioner
(907) 465-2700(0'(907) 465-
2784
-------
Region or State
Regional Office
Consullive Program
State Plan States
Idaho
Boise State University, Dept.
of Health Studies
1910 University Drive,
ET-338A
Boise, Idaho 83725
(208) 385-3283
(208) 385-4411 FAX
lstokes@bsu.idbsu.edu E-mail
Oregon
Department of Consumer and
Business Services
Oregon Occupational Safety
and Health Division
350 Winter Street NE, Room
430
Salem, Oregon 97310
(503) 378-3272
(800) 922-2689 TOLL FREE
(503) 378-5729FAX
steve.g.beech@state.or.us or
consult, web @ state.or. us
E-mail
Occupational Safety and
Health Division
Dept. of Consumer & Business
Services
350 Winter Street, NE, Room
430
Salem, OR 97310
Peter Deluca, Administrator
phone: (503) 378-3272 fax:
(503) 378-4538
David Sparks, Deputy
Adminsistrator
phone: (503) 378-3272 fax:
(503) 378-4538
-------
Region or State
Regional Office
Consultive Program
State Plan States
Washington
Washington Dept of Labor and
Industries
Division of Industrial Safety
and Health
PO Box 44643
Olympia, Washington 98504
(360) 902-5443
(360) 902-5459 FAX
jame235@lni.wa.gov E-mail
Department of Labor and
Industries
General Administration
Building
PO Box 44001
blympia,,WA 980504-4001
Gary Moore, Director
phone: (360) 902-4200 fax:
(360) 902-4202
Michael Silverstein, Assistant
Director
phone: (360) 902-5495 fax:
(360)902-5529
-------
H|i|| I II li
111 I ill ' , 11111
-------
APPENDIX E: TECHNICAL ASSISTANCE
This appendix outlines the resources that are available to warehousing facilities in
complying with 40 CFR part 68, organized by the group providing the assistance. For
specific points of contact for EPA regional offices, RMP implementing agencies, and
Clean Air Act small business assistance programs, refer to Appendix C. For specific
points of contact for OSHA regional offices, OSHA state consultative programs, and
OSHA state plan s'tates, refer to Appendix D
' •
U.S. ENVIRONMENTAL PROTECTION AGENCY
EPA's Chemical Emergency Preparedness and Prevention Office (CEPPO)
administers the RMP program at the national level.
-Street Address: 401 M Street, SW
Washington, DC 20460
Phone Number: (202)260-8600
WWW Address: www.epa.gov/ceppo/
The CEPPO homepage on the Internet provides access to downloadable versions of
numerous risk management program documents, including factsheets, questions and
answer documents, the list of regulated substances and thresholds, the text of the
regulatory requirements, general and industry-specific guidance, risk communication,
and RMP data elements and instructions. It also has links to sources of Material
Safety Data Sheets and other hazardous chemical information, as well as up-to-date
lists of LEPCs and SERCs.
i ' • ' ^
If you do not have Internet access, these documents can be ordered from EPA's
EPCRA/Superfund/RCRA/CAA Hotline. In addition, the Hotline responds to
factual questions on a variety of federal EPA regulations, including those developed
under Clean Air Act section 112(r).
Phone Number: Toil-Free: (800)424-9346
Local: (703)412-9810
TDD: (800) 553-7672
TDD Local: (703)412-3323
• Monday - Friday, 9:00 am - 6:00 pm EST
E-Mail: . ' epahotline@bah.com
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 Assistance Program (SBAP) to provide" technical assistance to
January 25, 1999
-------
Appendix E
Technical Assistance E-2
these State small business programs. The SBAP Internet site at
www.epa.gov/ttn/sbap was developed to allow State and EPA programs to share
information about their small business assistance materials and activities.
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 (see Appendix D), OSHA programs are run by state agencies.
The OSHA Publications Office provides single copies of various documents related
to risk management, process safety, accident prevention, and emergency planning and
response.
Street Address: U.S! Department of Labor
v. • ' : ::.•.:".; .v.,.:..1 ::..":, RoomNSlOl
200 Constitution Avenue, NW
Washington, DC 20210
Phone Number: (202)523-9667
WWW Address: www.osha.gov
The OSHA Computerized Information System at www.osha-slc.gov/ provides
downloadable versions of OSHA Standards and related documents, including OSHA
Regulations, Federal Register notices, Interpretations and Compliance Letters, OSHA
Regulations (preambles to final rules), and OSHA Directives and Fact Sheets. OSHA
also publishes a quarterly CD-ROM with all of this information, available for
Windows and Macintosh computers from:
U.S. Government Printing Office
Stock #729-013-00000-5 , .
Phone: (202)512-1800
Fax: (202)512-2250
Price: $38/year (four quarterly releases), $-15 (single copy)
OSHA's Small Business Outreach Training Program has prepared an Instructional
Guide on various topics in occupational safety and health, designed to provide ideas
and organizational assistance to an instructor who wishes to present these topics,
which'specirically focus on'STe needs of sniafl Business'." Trie text of "the' Guide 'is
available at www.osha-slc.gov/SLTC/SmallBusiness.
Employers who take advantage of OSHA's Consultation Services can find out about
potential hazards at then" worksites, improve their occupational safety and health
management systems, and even qualify for a one-year exemption from routine OSHA
Januwy 25,1999
-------
.'.'•• Appendix E
E-3 ; Technical Assistance
inspections. Targeted for smaller businesses, this safety and health consultation
program is completely separate from the OSHA inspection effort. For more
information, check in at www.osha.gov/oshprogs/consult.html. '
AMERICAN INSTITUTE OF CHEMICAL ENGINEERS (AICHE)
Street Address: 345 E. 47th St. •
New York, NY 10017-2395
, Phone Number: (212)705-7338
WWW Address: www.aiche.org/ >
AIChE and its Center for Chemical Process Safety publish a variety of documents
including a Continuing Education catalog for its educational and training programs
and an annual Publications Catalog from which documents can be purchased. They
are available from:
AIChExpress Service Center
(800) AIC-HEME (242.-4363)
Monday - Friday, 9:00 am - 5:00 pm EST
E-Mail: xpress@aiche.org -
Some of the specific documents available include:
Guidelines for Safe Storage and Handling of Highly Toxic Hazardous
Materials (119 pages)
Publication G-3 '.
Order No. 0-8169-0400-6
Price: $65
Guidelines for Safe Warehousing of Chemicals (forthcoming)
Publication G-33' " •
' - Order No. 0-8169-0659-9
CHEMICAL MANUFA CTURERS ASSOCIA TION (CMA)
Street Address: 1300 Wilson Blvd.
Arlington, VA 22209
Phone Number: (703)741-5000
WWW Address: www.cmahq.com/
CMA documents, including those listed below, are available from:
January 25, 1999
-------
•IIIK^^^ nil iniM^^^ iiiiH^^^^^ in ttMM IE Mfrw&rKMB wmim, i WKmati: •
Appendix E
Technical Assistance E-4
CMA Publications Fulfillment Office
341 Victory Drive
Herndon,VA 22070
Phone: (703) 709-0166
CMA Responsible Care: Handling and Storage: Warehouse Assessment
Protocol
HI1'I
Community Awareness and Emergency Response (CAER) Code Resource
Guide
Order No. 024012
Price: $50 members, $75 non-members •-
Safe Warehousing of Chemicals
• f ';'::':"Order tio."022003'" *',''' ^ ^ '' _"'.';.']'." ' ^ "" "'." "^' i;''.' ^ '' '.'." "|', "; \'
Price: $10 members, $15 non-members
CMA also maintains Chemtrec (Chemical Transportation Emergency Center) to
provide a centralized information and assistance center for individuals responding to
chemical emergencies and carriers of hazardous materials:
Emergency: (800)424-9300
Non-Emergency: (800)262-8200
INTERNATIONAL WAREHOUSE LOGISTIC? ASSOCIATION
In!" i i 11 i i i i . i f .vy- v(i;!;;,?.; ''1i",:lj|B!lB, •, :;„; •:,';••, i I , i
Street Address: 1300 W. Higgins Rd., Ste. 111
Park Ridge, IL 60068
Phone Number: (847)292-1891
NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
Street Address: Chemical Educatipnal Foundation
1525 Wnson Blvd;JSte. 750
Arlington, VA 22209
Phone Number: (703)527-6223
Fax Number: (703) 527-7747
WWW Address: www.nacd.com/
Jtnuiry25,1999
HI
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Appendix E
E-5 Technical Assistance
The Chemical Educational Foundation publishes an Educational Aids and Training
Catalog and a Product Stewardship Resource Guide. CEF has published the following
^document related to risk management:
Making It Easy: Community Outreach Ideas and Examples
NACD Product Stewardship Bulletin #1: Chemical Use, Handling, Storage,
and Transportation
\ •' ' . ' ~
• NACD Product Stewardship Bulletin #5: Employee Hazardous Materials
Safety Training .
NACD Product Stewardship'Bulletin #8: Risk Management Program
NATIONAL FIRE PROTECTION ASSOCIATION
Street Address: 1 Batterymarch Park
. P.O. Box 9101
Quincy, MA 02269-9101
Phone Number: (617)770-3000
Fax Number: (617)770-0700
E-mail: library@NFPA.org.
WWW Address: www.nfpa.org/
NFPA publishes standards related to fire safety, prevention, training, planning, and
response that have been adopted as the official fire code in many states, as well as
guidance on how to implement its standards. The collection of NFPA Standards is
available at many libraries, but NFPA also publishes a bimonthly catalog of its
standards and fire safety products, which are available from:
NFPA Fulfillment Center
11 Tracy Drive
Avon, MA 02322-9908
Phone: (800) 344-3555
Monday-Friday, 8:30am - 8:00pmEST
Fax: (800) 593-NFPA (6372) /
E-mail: custserv@NFPA.org.
A listing of these products and subscription service information (as well as a Spanish
version of the catalog) is provided at the NFPA homepage.
January 25, 1999
-------
Appendix E •
Technical Assistance E-6 ,
SMALLBUSINESS ADMINISTRATION
Street Address: 4Q? Third Street, SW
Washington, DC 20416
Phone Number: (800)827-5722
WWW Address: www.sba.gov/
SBA was created to help America's entrepreneurs form successful small enterprises.
SBA's program offices in every state offer financing, training and advocacy for small
firms. In addition, the SBA..works withthousands of lending, educational, and
training institutions nationwide.
ii ii r ', in in n i n i i ,:i hii in i
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IIP
January 25,1999
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-------
APPENDIX F
OSHA GUIDANCE ON PSM
-------
I
APPENDIX F
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.
I
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
thai 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.
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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 blocl^ f^ow 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 ins^mem 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 Se .lisei to^escribe ffie Relationships between equipment and instrumentation .as well as other '
relevant information that will enhance clarity. Computer software programs which do p^jfjs or other
diagrams useful to the information package, may be used to help meet this requirement.
i , ' • : i |
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
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fli!^^ -.. •
-------
Appendix F
OSHA Guidance on PSM F-2
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
of Corrosion Engineers, American Society of Exchange Manufacturers Association, and model building
code groups. In addition, various engineering societies issue technical reports which impact process
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.
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
codes and standards were used and that the design and construction along with the testing, inspection and
operation are still suitable for the intended use. Where the process technology requires a design which
departs from the applicable codes and standards, the employer must document that the design and
construction is suitable for the intended purpose.
PROCESS HAZARD ANALYSIS
A process hazard analysis (PHA), sometimes called a process hazard evaluation, is one of the most
important elements of the process safety management program. A PHA is an organized and systematic
effort to identify and analyze the significance of potential hazards associated with the processing or
handling of highly hazardous chemicals. A PHA provides information which will assist employers and
employees in making decisions for improving safety and reducing the consequences of unwanted or
unplanned releases of hazardous chemicals.
A PHA is directed toward analyzing potential causes and consequences of fires, explosions, releases of
toxic or flammable chemicals and major spills of hazardous chemicals. The PHA focuses on equipment,
instrumentation, utilities, human actions (routine and non-routine), and external factors that might impact
the process. These considerations assist in determining the hazards and potential failure points or failure
modes in 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. Another limitation to be 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.
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
-------
Appendix F
F-3 OSHA Guidance on PSM
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 arid 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.
p~ «? ,
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 arid 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&IDS, 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,
evo|ved 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.
When the employer has a number of processes which require a PHA, the employer must set up a priority
systerri 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 safety
-------
Appendix F
OSHA Guidance on PSM F-4
management standard. Consideration should first be 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.
These factors would suggest 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
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 operating 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 in 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 startup and normal operations such
as the appropriate allowances for heating up a unit to reach the normal operating parameters. Also the
operating instructions need to describe the proper method for increasing the temperature of the unit until
the normal operating temperature parameters are achieved.
Computerized process control systems add complexity to operating 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.
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 operating
procedure changes need to be fully evaluated and the information conveyed to the personnel. 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
-------
' !
-------
Appendix F
OSHA Guidance on PSM F-6
employees understood, and whether the desired results were obtained. If, after the evaluation, it appears
that the trained employees are not at the level of knowledge and skill that was expected, the employer will
need to revise the training program, provide retraining, or provide more frequent refresher training sessions
until the deficiency is resolved. Those who conducted the training and those who received the training
should also be consulted as to how best to improve the training process. If there is a language barrier, the
language known to the trainees should be used to reinforce the training messages and information.
Careful consideration must be given to assure that employees including maintenance and contract
employees receive current and updated training. For example, if changes are made to a process, impacted
employees must be trained in the changes and understand the effects of the changes on their job tasks (e.g.,
any new operating procedures pertinent to their tasks). Additionally, as already discussed the evaluation of
the employee's absorption of training will certainly influence the need for training.
MECHANICAL INTEGRITY
Employers will need to review their maintenance programs and schedules to see if there are areas where
"breakdown" 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 and
maintained to minimize the risk of releases of such chemicals. This requires that a mechanical integrity
program be in place to assure the continued integrity of process equipment.
Elements of a mechanical integrity program include the identification and categorization of equipment and
instrumentation, inspections and tests, testing and inspection frequencies, development of maintenance
procedures, training of maintenance personnel, the establishment of criteria for acceptable test results,
documentation of test and inspection results, and documentation of manufacturer recommendations as to
meantime to failure for equipment and instrumentation.
The first line of defense an employer has available is to operate and maintain the process as designed, and
to keep the chemicals contained. This line of defense is backed up by the next line of defense which is the
controlled release of chemicals through venting to scrubbers or flares, or to surge or overflow tanks which
are designed 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 other 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 appropriate.
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 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
-------
'••; ' , : •• ; Appendix F
F-7 OSHA Guidance on PSM
Board Inspection Code, or those from the American Society for Testing and Material, American Petroleum
Institute, National Fjre 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
ye§sels, etc. These codes and standards also provide information on methodologies for internal inspection,
and, aj|equency formula based on the corrosion rate of the materials of construction. Also, erosion both
intgr^ajjn^exlej^al seed^q.^g^goji^pjred^lliang 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 gpjipMon 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
ne^s 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 anH will help to maintain trie 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, uniformtorque 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.
t - ,
MANAGEMENT OF CHANGE
,!:„ !,: 1
To properly manage changes to process chemicals, technology, equipment and facilities, one must define
what is meant by change. In this process safety management standard, change includes all modifications to
equipment, procedures, rawmaterials and processing conditions other than "replacement in kind." These
changes need to be properly managed by identifying and reviewing them prior to implementation of the
change. For example, the operating procedures contain the operating parameters (pressure limits,
-------
Appendix F
OSHA Guidance on PSM F-8
temperature ranges, flow rates, etc.) and the importance of operating within these limits. While the
operator must have the flexibility to maintain safe operation within the established parameters, any
operation outside of these parameters requires review and approval by a written management of change
procedure. Management of change covers changes in process technology and changes to equipment and
instrumentation. Changes in process technology can result from changes in production rates, raw
materials, experimentation, equipment unavailability, new equipment, new product development, change
in catalyst and changes in operating conditions to improve yield or quality. Equipment changes include
among others change in materials of construction, equipment specifications, piping pre-arrangements,
experimental equipment, computer prograrri revisions and changes in alarms and interlocks. Employers
need to establish means and methods to detect both technical changes and mechanical changes.
Temporary changes have caused a number of catastrophes over the years, and emplpyers need to establish
ways to detect temporary changes as well as those that are permanent. It is important that a time limit for
temporary changes be established and monitored since, without control, these changes may tend to become
permanent. Temporary changes are subject to the management of change provisions. In addition, the
management of change procedures are used to insure that the equipment and procedures are returned to
their original or designed conditions at the end of the temporary change. Proper documentation and review
of these changes is invaluable in assuring that the safety and health considerations are being incorporated
into the operating procedures and the process. Employers may wish to develop a form or clearance sheet
to facilitate the processing of changes through the management of change procedures. A typical change
form may include a description and the purpose of the change, the technical basis for the change, safety
and health considerations, documentation of changes for the operating procedures, maintenance
procedures, inspection and testing, P&IDS, electrical classification, training and communications,
pre-startup inspection, duration if a temporary change, approvals and authorization. Where the impact of
the change is minor and well understood, a check list reviewed by an authorized person with proper
communication to others who are affected may be sufficient.
However, for a more complex or significant design change, a hazard evaluation procedure with approvals
by operations, maintenance, and safety departments may be appropriate. Changes in documents such as
P&IDS, raw materials, operating procedures, mechanical integrity programs, electrical classifications, etc.,
need to be noted so that these revisions can be made permanent when the drawings and procedure manuals
are updated. Copies of process changes need to be kept in an accessible location to ensure that design
changes are available to operating personnel as well as to PHA team members when a PHA is being done
or one is being updated.
PRE-STARTUP REVIEW
For new processes, the employer will find a PHA helpful in improving the design and construction of the
process from a reliability and quality point of view. The safe operation of the new process will be enhanced
by making use of the PHA recommendations before final installations are completed. P&IDs 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
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Appendix F
F-9 OSHA Guidance on PSM
lllllll i I I i II I lllllll I 1 i II i 1 i II I I
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Appendix F
OSHA Guidance on PSM F-10
inspection, the team can observe actual practices such as safety and health policies, procedures, and work
authorization practices. This approach enables the team to identify deficiencies and determine where
corrective.actions or improvements, are necessary.
An audit is a technique used to gather sufficient facts and information, including statistical information, to
verify compliance with standards. Auditors should select as part of their preplanning a sample size
sufficient to give a degree of confidence that the audit reflects the level of compliance with the standard.
The audit team, through this systematic analysis, should document areas which require corrective action as
well as those areas where the process safety management system is effective and working in an effective
manner.. This provides a record of the audit procedures and findings, and serves as a baseline of operation
data for future audits. It will assist future auditors in determining changes or trends from previous audits.
Corrective action is one of the most important parts of the audit! It includes not only addressing the
identified deficiencies, but also planning, follow up, and documentation. The corrective action process
normally 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
requirements 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 of the deficiencies can be
acted on promptly, while some may require engineering studies or in-depth review of actual procedures
and practices. There may be instances where no action is necessary and this is a valid response to an audit
finding. All actions taken, including an explanation where no action is taken on a finding, needs to be
documented as to what was done and why.
It is important to assure that each deficiency identified is addressed, the corrective action to be taken
noted, and the audit person or team responsible be properly documented by the employer.
To control the corrective action process, the employer should consider the use of a tracking system. This
tracking system might include periodic status reports shared with affected levels of management, specific
reports such as completion'of an engineering study, and a final implementation report to provide closure
for audit findings that have been through management of change, if appropriate, and then shared with
affected employees and management. This type of tracking system provides the employer with the status
of the corrective action. It also provides the documentation required to verify that appropriate corrective
actions were taken on deficiencies identified in the audit.
INCIDENT INVESTIGATION
Incident investigation is the process of identifying the underlying causes of incidents and implementing
steps to prevent similar events from occurring. The intent of an incident investigation is for employers to
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
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' • • Appendix F
F-ll • OSHA Guidance on PSM
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, arid not to place blame. The team and the investigation
professshould clearly deal with all involved individuals in a fair, open and consistent manner.
..'•.'' • i
EMPLOYEE PARTICIPATION
Section 304 of the CJean Air Ac| Amendments f fa{es 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 their
safety and health programs, have already established means and methods to keep employees and their
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 of
employees and management representatives to help the employer meet the obligations specified by this
standard. These committees can become a significant ally in helping the employer to implement and
maintain 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/tagput 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.
CONTRACTORS
Employers who use contractors to perform work in and around processes that involve highly hazardous
chejnicals, will need to establish a screening process so that they hire and use contractors who accomplish
the desired job tasks without compromising 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 will
need to obtain information on injury and illness rates and experience and should obtain contractor
references. Additionally, the employer must assure that the contractor has the appropriate job skills,
knowledge and certifications (such as for pressure vessel welders). Contractor work methods and
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Appendix F
OSHA Guidance on PSM F-12
experiences should be evaluated. For example, does the contractor conducting demolition work swing
loads over operating processes or does the contractor avoid such hazards?
Contract employees must perform their work safely. Considering that contractors often perform very
specialized and potentially hazardous tasks such as confined space entry activities and non-routine repair
activities 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 to all
affected employers. The use of a work authorization system keeps an employer informed -of 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 process where
employee safety is fully recognized will benefit all of those who work in the facility whether they be
contract employees or employees of the owner.
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