Risk Management Program (RMP) Rule

Transcription

1 Risk Management Program (RMP) Rule OFFICE OF LAND AND EMERGENCY MANAGEMENT OFFICE OF EMERGENCY MANAGEMENT Existing regulatory framework The Risk Management Program is one of several programs that address chemical facility safety and security: OSHA Process Safety Management (PSM) standard Management program for highly hazardous chemicals aimed at preventing and minimizing occupational/onsite exposure Emergency Planning and Community Right to know (EPCRA) requirements Local emergency planning and preparedness, emergency release notification, community right to know: provision of hazardous chemical storage inventory and toxic chemical release inventory to the community and first responders CAA Section 112(r)(1) general duty clause Facility owner/operators have a general duty to prevent and minimize releases Chemical Facility Anti terrorism Standards (CFATS) DHS security requirements ATF requirements for explosives State/local requirements (e.g., NJ, Contra Costa County, CA regulations) 2 2 Risk Management Program rule Promulgated in 1996 under Section 112(r) of the Clean Air Act Amendments Applies to all stationary sources with processes that contain more than a threshold quantity of a regulated substance (approx. 12,500 sources) Includes a wide variety of industry sectors, including: refining, chemical manufacturing, energy production, ammonia refrigeration, water treatment, bulk storage, chemical distribution, agricultural retail, and chemical warehouses 3 1

2 Applicability 4 Final List of Regulated Substances 140 substances (63 flammable, 77 toxic) 5 6 2

3 7 EPA RMP Exemptions Mixtures < 1% concentration (flammable and toxic) Gasoline used as fuel for internal combustion engines Naturally occurring hydrocarbon mixtures prior to processing Articles Activities in laboratories Flammable substances used as fuel or held for retail sale Specified uses As structural component of stationary source For routine janitorial maintenance As foods, drugs, cosmetics, or other personal items In process water, non contact cooling water, compressed air, or air used for combustion Outer continental shelf sources Anhydrous ammonia held by farmers for use as nutrient Transportation 8 9 3

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5 Colorado by Program Level P1: 29 P2: 67 P3: RMP Requirements Requires the source to develop a Risk Management Plan (RMP) Addresses elements aimed at preventing accidental releases and reducing the severity of releases that occur Prepare and submit an RMP to EPA at least every 5 years Covered processes fall within one of three prevention program levels based on: The potential for offsite consequences from a worst case accidental release; Accident history; and Regulation under OSHA PSM 14 Program levels PROGRAM Facilities Processes that would not affect the public in the event of a worstcase release & no accidents with offsite consequences in the last five years Small quantities of flammables, less volatile toxics Limited accident prevention including hazard assessment and emergency response requirements PROGRAM 2 1,272 Facilities* Processes not eligible for Program 1, not subject to Program 3 Mainly water & wastewater treatment in Federal OSHA states Additional hazard assessment, accident prevention, management, and emergency response requirements *Analysis reflects OSHA change to PSM retail exemption issued July 2015 PROGRAM 3 10,628 Facilities* Processes subject to OSHA s PSM or in one of 10 specified NAICS codes Larger facilities or those with complex processes Examples include: refining, chemical manufacturing, energy production, water treatment Must use OSHA s PSM as accident prevention program and include additional hazard assessment, management, and emergency response requirements 15 5

6 Program level comparison PROGRAM 1 PROGRAM 2 PROGRAM 3 Worst case analysis Worst case analysis Worst case analysis 5 year accident history 5 year accident history 5 year accident history Document management Document management system Document management system system Prevention Program Certify no additional Safety information Process safety information prevention steps needed Hazard review Process hazard analysis (PHA) Operating procedures Operating procedures Training Training Maintenance Maintenance Incident investigation Incident investigation Compliance audit Compliance audit Management of change Pre startup review Contractors Employee participation Hot work permits Emergency Response Program Coordinate with local Develop plan/program and Develop plan/program and responders coordinate with local responders coordinate with local responders 16 PSM v. RMP Not the same! Different listed chemicals, concentrations, thresholds Some RMP elements not included in PSM Management System, 5 year accident history Use different terminology 17 PSM Exemptions NOT RMP Non fuel substances sold at retail facilities Flammable liquids stored in atmospheric storage tanks Normally unoccupied remote facilities 18 6

7 Program Levels Wrong program level determination Management system: fail to document names of people or positions and define the lines of authority Program Level 1: Proper documentation not maintained for worst case release scenarios Claim to be P1 but do not meet criteria 19 5 Year Accident History Requirements (all Program Levels) 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 OR Known offsite deaths, injuries, property damage, environmental damage, evacuations, or sheltering in place 20 5 Year Accident History Failure to report Incidents requiring more than first aid Offsite Data Do not know accurate number of people sheltered in place or evacuated Do not have numbers for property or environmental damage Triggers that require RMP reporting Consequences onsite and offsite Accidents with amounts below CERCLA/EPCRA RQs 21 7

8 Offsite Consequence Analysis Estimate distance to endpoint for hypothetical worst case and alternative chemical release Identify public and environmental receptors P1: one worst case for each P1 process P2 &3: 1 worst case for ALL toxics 1 worst case for ALL flammables Additional worst case for another process if different receptors At least 1 alternative release for each toxic At least 2 alternative release for ALL flammables 22 OCA Wrong release quantity or inconsistency between release quantity & endpoint distance Wrong chemical chosen for worst case scenario Gross mismatch between process & release quantity 23 Safety Information (P2) 24 8

9 Prevention Program P2: Safety Information No or outdated SDS No documentation on max inventory, upper/low limits Obsolete equipment or design with no plans to change or documentation to show still safe Safety information not updated when change occurred 25 Process Safety Information (P3) 26 Prevention Program P3:Process Safety Information No documentation showing equipment designed to old costs/standards is still safe (68.65(c)(3)) Did not evaluate consequences of deviation PSI incomplete, not current, or inaccurate Safe Operating Control Limits not specified P&IDs Title block missing date No checked or approved by signature Inaccuracies noted during walk through 27 9

10 Hazard Review (P2) 28 Process Hazard Analysis (P3) 29 Hazard Review/PHA P2 Do not look beyond industry check list Have not looked at industry standard since facility was designed/built P3 PHA findings not resolved, documented, or tracked Safety information not up to date so PHA not started on time Stationary source siting not addressed Miss 5 year update or not retained for the life of the process 30 10

11 Operating Procedures (P2) 31 Operating Procedures (P3) 32 Operating Procedures Not maintaining temporary operating procedures Did not assign responsibility for emergency shutdown Did not include operating limits & consequences of deviations Relying solely on existing industry or manufacturer s operating procedures No start up after emergency shut down procedure 33 11

12 Operating Procedures 2 Do not have all required written procedures Operators not able to access procedures Did not certify operating procedures annually (P3) Operating procedures not current 34 Training Must train new operators on the operating procedures and cover health and safety hazards, emergency operations, and safe work practices Refresher every three years (consult with employees re: frequency) Required to determine that each operator has received and understood the training Keep a record for each employee with the date of the training and the method used to verify that the employee understood the training. 35 Maintenance (P2) 36 12

13 Mechanical Integrity (P3) 37 Management of Change (P3) 38 Management of Change (P3) Not performed on changed process or equipment (was not in kind ) PSI not updated SOP not updated Mechanical integrity procedures not updated MOC done after change completed MOC signed off but actual changes not done 39 13

14 Pre Startup Review (P3) 40 Pre Startup Safety Review (P3) Not done, even though PSI information changed Not done prior to introduction of regulated substance Construction documents not used as basis of pre startup review PSSR has sign offs but not reflected in actual operations (training, SOPs) 41 Employee Participation 42 14

15 Hot Work Permits 43 Contractors 44 Employee Participation/Hot Work Permit/Contractors (P3) Employee Participation No written employee participation program Written program not followed Hot Work Permit Permit not fully completed Fire protection requirements not implemented prior to hot work Contractors Contractor safety performance & programs not evaluated Safe work practices not followed 45 15

16 Incident Investigations (P2/3) 46 Incident Investigations Near misses not investigated Unresolved or undocumented findings/recommendations Unreported incidents in 5 year accident history Reports never finished due to liability Not getting to root cause Attorney does incident investigation, then claims attorney/client privilege 47 Compliance Audit 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 about the process. 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

17 Compliance Audit Issues Not completed at least every 3 years, if at all Does not review all RMP prevention program requirements No certifier or left blank Does not identify person responsible for addressing findings/recommendation, time/schedule, or what actions to be taken Resolutions/corrective actions not documented Perpetually in process 49 More Compliance Audit Did not promptly address recommendations Did not address previous PHA and/or compliance audit recommendations; same finding from previous audit Missing documentation (MOC, PSSR, incident investigations) Did not identify overdue inspections, testing, or equipment replacement per applicable code, standard, or RAGAGEP Using PSM audit (not same!!) 50 Emergency Response Program Non responding: coordinate with LEPC or FD as appropriate. Responding: Need Emergency Response Program Maintain an emergency response plan (maintained at the facility) that includes: 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. Procedures for using, inspecting, testing, and maintaining your emergency response equipment; Training for all employees in relevant procedures; and Procedures to review and update, as appropriate, the emergency response plan to reflect changes at the facility and ensure that employees are informed of changes

18 Emergency Response Wrong phone numbers Long chain of phone calls to be made not immediately Don t know where plan or SDSs are, what to do to report a major release Say respond when don t have the capability No first aid information for RMP chemicals Outdated Use Fire Department; did not coordinate 52 Risk Management Modernization Rule OFFICE OF LAND AND EMERGENCY MANAGEMENT OFFICE OF EMERGENCY MANAGEMENT Background On August 1, 2013, President Obama issued Executive Order (EO) 13650: Improving Chemical Facility Safety and Security following several catastrophic chemical facility incidents in the United States. Focus is to reduce risks associated with hazardous chemicals to owners and operators, workers, and communities by enhancing the safety and security of chemical facilities

19 More Background The keys areas of emphasis under the EO are: Strengthening community planning and preparedness, Enhancing federal operational coordination, Improving data management, and Modernizing policies and regulations. EPA issued a request for information (RFI) on July 31, 2014, and Convened a Small Business Advocacy Review panel on November 4, Delayed until 2019/lawsuit pending 55 Overview of Proposed Revisions P1 P2 P3 Third party audits (applies to the next scheduled audit after an accident) [Estimated 150/year] Incident Root Cause Analysis (only for facilities with accidents/near misses) [Estimated 150/year] Safer Alternatives Analysis (applies to a subset of P3 in certain NAICS codes) [Estimated 1,692 Facilities/4,308 Processes] Coordinating Emergency Response Program Requirements with Local Responders Emergency Response Exercises Information Sharing 56 Additional resources RMP rule webpage: changes riskmanagement program rmp rule EO activities under EO 13650: improving chemical facility safety and security A copy of EO is available at: A copy of the Report to the President: Actions to Improve Chemical Facility Safety and Security A Shared Commitment is available at A copy of the EPA RFI is available at

20 Tools WISER, CAMEO 58 WISER: wiser.nlm.nih.gov Wireless Information System for Emergency Responders Substance Identification Support Physical characteristics Human health info Contaminant and suppressant guidance Standalone app or with internet

21 61 62 CAMEO CAMEO Chemicals CAMEOfm Database Mapping Applications for Response, Planning, and Local Operational Tasks (MARPLOT) Areal Locations Of Hazardous Atmospheres (ALOHA) 63 21

22 CAMEO for Responders/Planning Quickly identify chemical properties, response procedures, and PPE with CAMEO Chemicals Don t need internet Import GIS Shapefiles into MARPLOT Develop mock scenarios of potential releases and predict worse case releases Develop emergency response plans using models of threat zones associated with a release(s) of hazardous chemicals Plot sensitive populations, county specific attributes, potential contamination sources 64 Download: 65 OFFICE OF SOLID WASTE & EMERGENCY RESPONSE OFFICE OF EMERGENCY MANAGEMENT 66 22

23 CAMEO Chemicals Desktop, Online, Mobile OFFICE OF SOLID WASTE & EMERGENCY RESPONSE OFFICE OF EMERGENCY MANAGEMENT CAMEOfm 69 23

24 70 MARPLOT: Mapping Applications for Response, Planning, and Local Operational Tasks

25 OFFICE OF SOLID WASTE & EMERGENCY RESPONSE OFFICE OF EMERGENCY MANAGEMENT 73 ALOHA: Areal Locations of Hazardous Atmospheres

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27 79 80 Questions? Rebecca Broussard