PSM & RMP = OMG! Inspected Lately? Be Prepared...To prevent and mitigate accidental releases of...

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PSM & RMP = OMG!Inspected Lately? Be Prepared

Presented by:

Raymond C. Davis, CHMM (Fellow), CIPS, CESM, REP, CET, CES, CEHMMPresident/CEORL Environmental Consulting & Training Inc.

Steve Williams, CHMMPresidentBighorn Environmental Safety& Health, LLC,


Process Safety Management of Highly Hazardous Chemicals 29 CFR 1910.119 (PSM)

and Chemical Accident Prevention Provisions (CAP) andRisk Management Program (RMP) 40 CFR Part 68


Objectives of this PresentationPresenters will:

Provide an overview of recent Federal and State OSHA Process Safety Management (PSM) and EPA's CAP (Program 3) Prevention Program and RMP inspections/audits.

Review the drivers for change - U.S. Chemical Safety Board (CSB) Recommendations and Executive Order 13650, Improving Chemical Facility Safety and Security.

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Objectives of this Presentation (continued)

Presenters will: Explain how PSM and CAP/RMP inspection/audit

criteria has changed with more focus on Best Management Practices (BMP) methodology selection.

Review the top 29 questions/items that an inspector will request from your facility.

Historic Incidents That Led to PSM/RMP

Bhopal, India (1984)–Methyl Isocyanate release

Historic Incidents That Led to PSM/RMP

Presented by:

Raymond C. Davis, CHMM (Fellow) CIPS,CESM,REP,CET,CES,CEHMM

President/CEORL Environmental Consulting & Training Inc.

Steve Williams, CHMMPresident

Bighorn Environmental Safety& Health, LLC,

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Current Incidents Associated with PSM/RMP

West, TX (2013)–15 deaths, 100+ injuries

Fertilizer Plant Explosion

Current Incidents Associated with PSM/RMP

La Porte, TX (November 15, 2014)

–- 4 deaths, 1 injured- Methyl mercaptan, toxic chemical release

La Porte, TX Incident Review

- First: Interconnections between the methyl mercaptan supply line and a chemical vent system, allowed a toxic leak into an unexpected location, where workers were exposed with fatal consequences.

- Second: The chemical vent system - had a design shortcoming that allowed liquid to accumulate inside. Manually drained by operators to prevent safety issues from interconnected equipment, such as reactors.

-Third: The vent drain exposed to whatever chemicals were drained from the vent system to open atmosphere.

- Fourth: Inadequate building ventilation design and the ventilation fans were not, in fact, working at the time of the incident.

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Regulation History

Chemical Emergency Preparedness Program. 1985 Mandated by USEPA

SARA Title III.

EPCRA

Hazard Communication Standard New HCS 2012 (GHS)

Clean Air Act Amendments 1990

What is Process Safety Management (PSM)?

PSM is a regulation that provides a 14 Element System for employers to

manage the process of Highly Hazardous Chemicals

What’s the Purpose of PSM?

PSM is intended to “prevent or minimize the consequences of catastrophic releases of toxic, reactive, flammable or explosive chemicals…that may result in toxic, fire, or explosion hazards.”

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PSM applies to…

Companies that process Highly Hazardous Chemicals (HHC)

List in Appendix A (137)

Flammable liquids and gases in process quantities of 10,000#

or more

What is the purpose of CAP/RMP?

To prevent and mitigate accidental releases of regulated substances that present imminent and substantial endangerment to public health and the environment. (Chemical Accident Prevention Provisions)

40 CFR 68.130 List of Regulated Substance Thresholds

- Tables 1 and 2

*154 Regulated Toxic Substances

- Tables 3 and 4

*126 Regulated Flammable Substances


EPA CAP Subpart FList of Regulated SubstancesFor Accidental Release PreventionTables 1 to 4

TQ # OSHA PSMList of Hazardous Chemicals, Toxics, ReactivesAppendix A

TQ #

Ammonia, Anhydrous 10,000 Ammonia, Anhydrous 10,000

Ammonia solutions >44% 15,000 Ammonia solutions >20% 20,000

Chlorine 2,500 Chlorine 1,500

Methyl isocyanate 10,000 Subsidiary Flammable Liquid19 FP

10,000

Methyl mercaptan 10,000 Methyl mercaptan 5,000

Not on List Methyl Vinyl Ketone 100

Phosgene 500 Phosgene 100

Propane 10,000 Flammable gas Category 1 10,000

Not on List Sarin 100

Titanium tetrachloride 2,500 Not on List

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EPA SECTION TITLE OSHA PSM REFERENCE

§ 68.65 Process Safety Information (PSI) PSM standard § 1910.119(d).

§ 68.67 Process Hazard Analysis (PHA) PSM standard § 1910.119(e).

§ 68.69 Operating Procedures (OP) PSM standard § 1910.119(f).

§ 68.71 Training PSM standard § 1910.119(g).

§ 68.73 Mechanical Integrity (MI) PSM standard § 1910.119(j).

§ 68.75 Management of Change (MOC) PSM standard § 1910.119(l).

§ 68.77 Pre-Startup Review (PSSR) PSM standard § 1910.119(I).

§ 68.79 Compliance Audits PSM standard § 1910.119(o).

§ 68.81 Incident Investigation (II) PSM standard § 1910.119(m)

§ 68.83 Employee Participation (EP) PSM standard § 1910.119(c).

§ 68.85 Hot Work Permit PSM standard § 1910.119(k). § 68.87 Contractors PSM standard § 1910.119(h).

*Subpart E Emergency Response (ER) PSM standard § 1910.119(n). Trade Secrets PSM standard § 1910.119(p).

SUMMARY OF PROGRAM 3 PREVENTION PROGRAM (40 CFR PART 68, SUBPART D) and OSHA PSM (29 CFR 1910.119)

Current PSM/RMP Issues

December 1, 2014 U.S. Chemical Safety Board (CSB)- "Modernize U.S. Process Safety Management

Regulations" - “Most Wanted Safety Improvement” for PSM and

RMP reform- Over 20 years of CSB recommendations

August 1, 2013 Executive Order 13650, Improving Chemical Facility Safety and Security - Established Federal Working Group and Improve Operational Coordination with State, Local and Tribal governments

- Develop PSM/RMP Plan for Expanded Coverage- DHS consideration of additions to CFATS COI List

PSM/RMP Recommendations Review

Expand coverage to include the oil and gas exploration and production sector

Cover reactive chemical hazards.

Revise Chemical Accident Release Prevention Provisions in 40 CFR 68 to cover catastrophic reactive hazards

Additional management system elements requiring use of leading and lagging indicators to drive process safety performance

Provide stop work authority to employees

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PSM/RMP Recommendations Review (Cont.)

Update PHA requirements to include documented use of:

- Inherently safer systems

- Hierarchy of controls / Risk reduction*Goal of As Low As Reasonably Practicable (ALARP)

*Layers of Protection Analysis (LOPA)

*Recognized and Generally Accepted Good Engineering Practices (RAGAGEP)

- Damage mechanism hazard reviews

- Sufficient / adequate safeguards

Develop more explicit requirements for: - Facility/process siting

- Human factors, including fatigue

RMP Recommendations Review In addition to PSM program related enhancements

Expand coverage to include: - Reactive chemicals- High and/or low explosives - Ammonium nitrate as regulated substances - Change enforcement policies for retail facilities

Enhance development and reporting of worst case (WCS) and alternate release scenarios

Add new prevention program requirements to include: - Automated detection and monitoring- Contractor selection and oversight- Public disclosure of information

Petroleum refineries- Attributes of goal-setting regulatory approaches

RMP Recommendations Review (Cont)

In addition to PSM program related enhancements

Accidental Release Prevention Requirements-CAP under CAAChemical Accident Prevention Provisions under 40 CFR Part 68 *Goal: Reduce the risk of major accidents to as equivalent to As Low As Reasonably Practicable (ALARP)

“Enforce through the Clean Air Act’s General Duty Clause, section 112(r)(1), 42 U.S.C. §7412(r)(1) the use of inherently safer systems analysis and the hierarchy of controls to the greatest extent feasible when facilities are establishing safeguards for identified process hazards.”

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CSB:PSM/RMP Recommendations

CSB submitted a comprehensive response to OSHA and the EPA Requests for Information (RFI) detailing needed improvements to the existing regulations

RFI resulted from Executive Order 13650, Improving Chemical Facility Safety and Security

To view full list of recommendations related to Appendix A: CSB Recommendations for Process Safety Management Reform access the following link:

http://www.idevmail.net/link.aspx?l=7&d=86&mid=392280&m=1521

PSM & RMP = OMG!New PSM Enforcement Policy

RECENT OSHA Changes: June 8, 2015

Appendix A HHCs Enforcement Policy:

OLD PSM: Maximum Commercial Grade Policy (99% purity)- Rescinds all prior policy documents, LOIs and

memoranda for Appendix A HHCs

PSM LOI: The One Percent Test (1% or Greater) (same as EPA)

- Weight x [concentration] = amount of HHC

- Partial pressure determination ( <10 mmHg) PSM EXEMPT

* Vapor space of Process Handing/Storage Conditions

i.e. Measure vapor space @ 14.7 psia (760 mmHg), HHC makes less than 0.9% mass vapor, 760 mmHg x 0.9% = 7 mmHg.


OSHA PSM HCL Enforcement Policy Clarification Meeting 7-27-15

OSHA Director of Enforcement Tom Galassi

The Chlorine Institute Representative

National Association of Chemical Distributors (NACD) Representative

Mr. Galassi stated that HCL solutions at the 1% level is covered by PSM

- Change communicated through an Interpretation letter

- 3/2015 U.S. Supreme Court (Perez v. Mortgage Bankers Association)

- Interpretation changes of rules

- Feds don't have to follow public notice & comment procedures

ACC and NACD have filed suit against OSHA

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EXAMPLE (4) 55-gallon drums of 48 percent by aqueous hydrofluoric

acid solution are stored in a warehouse on a single pallet.

Does a TQ of hydrogen fluoride exist? (TQ = 1,000#)

- At 1.15 g/ml, 55 gallons weighs 527.85#

- At 48%, the weight of HF in each drum is 253.37# x 4 = 1,013.5#

- The aggregate amount of HF is 1013.5#

- Storage of 4 drums on a single pallet is considered a single process

- TQ of HF is present

PSM Covered


Other OSHA Changes:

- Field Operations Manual (FOM) 4-22-11

PSM Covered Chemical Facilities NEP 11-29-11

- 2 Categories

* NH3 for refrigeration and the only HHC

* All other Facilities

PSM Petroleum Refinery NEP 8-18-09

NEP for Programmed/Unprogrammed Inspections

1910.119(c): EMPLOYEE PARTICIPATION

I. PROGRAM SUMMARY

The intent of this paragraph is to require employers to involve employees at an elemental level ofthe PSM program. Minimum requirements for an Employee Participation Program for PSM mustinclude a written plan of action for implementing employee consultation on the development ofprocess hazard analyses and other elements of process hazard management contained within1910.119. The employer must also provide ready access to all the information required to bedeveloped under the standard.

II. QUALITY CRITERIA REFERENCES

A. 1910.119(c): Employee Participation

III. VERIFICATION OF PROGRAM ELEMENTS CRITERIA

REFERENCE

MET

Y/NA. Records Review

1. Does a written program exist regarding employee participation?

Field Note Reference(s):

.119(c)(1)

2. Does the written program include consultation with employees andtheir representatives on the conduct and development of process hazardanalyses and on the development of other elements in the PSMstandard?


.119(c)(2)

3. Does the written program provide employees (including contractoremployees) and their representatives access to process hazard analysesand all other information developed as required by the PSM standard?


.119(c)(3)

OSHA’s CPL 2-2.45A CSHO PSM Audit Guidelines (PQV) Appendix A (46 pages)

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PSM Covered Chemical Facilities NEP 11-29-11

- CHSOs use a “Dynamic List of Questions”

* PSM General, NH3 Refrigeration, Chemical Processing

* YES, NO or N/A Response (NO = proposed penalty)

OSHA DEP Controlled Intranet - not published

PQV vs NEP Inspections

- Documentation vs Implementation

- Use List of RMP Covered Facilities as Targets

PSM & RMP = OMG!The 29 Questions/Items Request

1) List of all process chemicals and their quantities.

Company Response - EHS Staff /PSM Team

CAP Procedure CAP-00 Stationary Source

- Threshold quantities of NO/YES listed substances

- PSM covered, Mandated EPA CAP Program 3

PSM Procedure PSM-00 Covered Processes* This is PSM covered because the process vessels are

interconnected, resulting in 10,000# or more

- Chemical, Threshold Quantity, PSM Covered Process

and Amount in Process


2) Emergency Procedures/Exit Routes (EAP)

3) Block Flow diagram of entire facility

(Basic overview of the process)

Company Response #2 & 3 - EHS Staff

4) Process narrative descriptions:

Company Response – EHS/Eng. Staff

“Solvents and xxxx materials are blended in various combinations....”

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5) P&IDs diagrams for the process for each node

Company Response – Current P&IDs

6) List of PSM Covered Processes

Company Response – EHS Staff

- PSM Operating Procedures Standard Dated

- Current PSM SOPs Table of Contents

- Current Non-PSM SOPs Table of Contents


7) Summary Description of PSM Program

Company Response – EHS Staff/PSM Team

- PSM Standard Overview Dated

- PSM Procedures Dated

8) Employee Listing


- PSM Employee Training Standard Dated

- List of all PSM Trained Operators (SOPs) ,

PSM Awareness Trained Employees and contract employees

- Language -Not just English


9) Initial PHA for facility: (includes PHA reports,

PHA worksheets, actions to address findings and recommendations promptly, written schedules for actions to be completed, and documentation of

findings and recommendations)

Company Response – EHS Staff/PSM PHA Team

- PSM PHA Standard - Dated

- PSI-PHA Gap Process 001 to 0?? - Dated

- HAZOP Log Sheet w/Risk Ranking - Dated

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10) PHA Revaluation (most recent)

Company Response – EHS Staff/PSM PHA Team

- PHA required every 5 years and same info as #9

- Serious NOV $5K .119(e)(5)(i)(H)

“PHA recommendations not resolved in timely manner”

11) What Design Codes/Standards were used to put plant together (REGAGEP)

Recognized and Generally Accepted Good Engineering Practices


- List of all applicable BMP Codes, NFPA 30, UL2085, ASTM, API, ANSI, ASME……


11) What Design Codes/Standards were used to put plant together (REGAGEP) (Cont.)- Numerous RAGAGEP related citations

- Refinery and PSM Covered Chemical Facility NEPs

- Lack of compliance and knowledge with PSM’s RAGAGEP

*CHSO ask what type of piping for Refrigerated NH3 Service ?- ANSI B31.3, B31.5 and K61.1 (Seamless) (60,000 psi tensile strength)

- ASTM Spec. A333, Schedule 80 Extra Heavy (XH)

- Hydrostats NH3 rated at 350-400psi in each section of (vapor/liquid) piping/hosing where NH3 can be

isolated between shut-off valves


12) Unit Electrical classifications C1D1 and C1D2

Company Response – EHS/ENG./Maint. Staff.- "Electrical"-1910.106(e)(7)(i)(a-e) Equipment.

- Paragraph (e)(7)(i)(b) Normal flam. vapors C1D1 (5ft all directions)

- Paragraph (e)(7)(i)(c) Abnormal flam. vapors C1D2 (within 20ft)

- Paragraph (e)(7)(i)(d) Positive pressure w/clean makeup air

* Use of ordinary wiring, clocks, digital display units

13) Descriptions of Safety systems (interlocks, detection or suppression systems) Company Response – EHS Staff

- PSI-PHA Gap Process 001 to 0?? – Dated

- MI Equipment List P&ID# 001-0?? – Dated

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14) Lockout-tag out Program and Specific Procedures pertaining to the process

Company Response – EHS/Maint. Staff

- LOTO Standard-Permits (Line-breaking) Dated* LOTO Energy Control Inspection Form

* LOTO Emergency Lockout Removal Form

- PSM MI Written Program Dated (PM Schedule Software)

- PSM MI Equipment List P&ID# 001-0?? Dated

15) Safety Data Sheets for the process chemicals (ingredients and final product). (RM, Batch and SDS-GHS)



16) Engineering Data and Documentation on interaction of chemicals with process components. This includes process component descriptions and manuals (i.e., pump data, piping requirements, etc) as well as original design specifications.

Company Response – EHS/Eng./Maint. Staff

- PSM PSI-PHA Gap Process 001 to 0?? – Dated

- PSM MI Equipment List P&ID# 001-0?? – Dated

- Current P&IDs - Dated


17) Operating Procedures pertaining to the Process (listing of all SOP's) Company Response – EHS Staff/PSM Team

- PSM Operating Procedures Standard Dated



18) Compliance Audit reports (last two) Every 3 years


- PSM Compliance Audit Working Checklist Dated

- Completed Internal PSM Audit by PSM Team

- Any 3rd Party Internal/External PSM Audits

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19) PSM Incident Investigation Reports (18 months)


- PSM Only Incident Investigation Reports Dated



20) Valve listing (regular and SRV)





21) Valve Manufacturer Specifications

(installation documents)


- PSM PSI-PHA Gap Process 001 to 0?? – Dated



22) Mechanical Integrity Program (PM)(ITPM Procedures)


- PSM MI Written Program Dated

- Plus all of the above

Mechanical Integrity (MI) Program Review

CHSO stated that the MI PM Program did not have procedures for ensuring the MI of the system. Example was not having a pump

replacement procedure

For pump replacement follow: MFG Installation Procedures, PM software schedules, SOP list of steps for experienced PSM

maintenance personnel

- Client had alll Manufacturer SOPs and PM dates for all process equipment components

- Assets profile management software automatically schedules the listed PMs based on MFG SOPS and/or codes (NFPA 30)

CHSO felt that the SOP list was not detailed enough Steps 1, 2, 3, 4….

Serious NOV $5K .119(j)(2) Contested/Dropped By Area Director after Experienced CHSO Review

*Review FOM on CHSO PSM/RMP Level of Experience

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23) U1A and NDI for Vessels and Piping

Company Response – EHS Staff/PSM Team- U1A is ULTRASONIC HARDNESS testing of Vessels and Piping

- NDI is NON-Destructive Inspection of Vessels and Piping

- ULA/NDI Schedule for Vessels and Piping (U1A)

- Send old valves/piping for NDT- Record results

* ASME codes and is Recognized and Generally Accepted Good Engineering Practices (RAGAGEPs)


24) Flammable vapor sensor data to include manufacturer

data and calibration reports.


- Process Area Monitoring Sheet XMSA Sirus PID Dated

- CHSOs onsite monitoring readings (40ppm) PID Dated

- MSA SOP manual and calibration stickers/reports

25) MOC documentation for 5 most recent process changes.


- PSM MOC Standard Dated (to include PSSR Standard)

- MOC Long & Short Forms, MOC Annual Records List

- MOC needed for interim process until CA is completed (NOV)


26) Facility Map Company Response – EHS/Eng. Staff

- Use of Maps from SPCC and Contingency Plan

27) Employee Participation Plan and PSM Overview training


- PSM EP Procedure Dated

- PSM EP Plan Dated

- PSM Employee Training Standard Dated

- PSM Awareness Training Dated

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28) Ventilation calculation worksheets for process areas

as well as system design specifications.

Company Response – EHS/Eng./Maint. Staff /PSM Team

- Process Area Monitoring Sheet XMSA Sirus PID Dated

- CHSOs onsite monitoring readings (40ppm) PID Dated

29 CFR 1910.106(iv) Ventilation Inside Storage Room Design- Air changes occur approximately 30 times per hour vs 6 per OSHA

- Makeup ventilation is 39,600CFM (not counting exhaust)

- Process area is 6,600 square ft (120 ft x 55 ft)

- Current Process Area Ventilation Diagrams and the Past HVAC

Contractor email that had gone out of business.

Process Area Ventilation Review

Old system had (2) 42” fans exhausting 6500 CFM and (2) 30” Fans exhausting 6000 CFM each totaling 25,000 CFM total exhaust.

Process room dimensions are 120ft x 55ft x12ft high = 79,200 cubic feet.

Past HVAC contractor recommended room to be ventilated a minimum of 30 air changes per hour equating to the need of 39,600 CFM.

Past HVAC contractor recommended installation of (2) natural gas fired make-up air units rated at 20,000 CFM each and supplement existing wall exhaust fans in the process area with new installation of wall or roof exhaust fan rated at (39,600 – 25,000) 14,600 CFM.

Serious NOV $5K .119(d)(3)(i)(H) “failed to maintain the design documentation of the ventilation system for the process”


29) Hot work permits for the past 6 months for the covered process. This should include the Mechanical Integrity or SOP section covering Hot Work.

Company Response – EHS/Eng./Maint. Staff

- Hot Work Standard-Permit Dated

- Fire Watch Permit Dated

- PSM MI Written Program Dated (ITPM)

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This OSHA PSM Audit started in May and finished in November

Proposed NOV Penalties 27KHigh GBP and Reductions 19K

PSM Consultant and Legal were present for all onsite CHSO Team visits

Questions?


Thank you for attending!

Raymond C. Davis, CHMM (Fellow), CIPS, CESM, REP, CET, CES, CEHMMPresident/CEORL Environmental Consulting & Training Inc.

Steve Williams, CHMMPresidentBighorn Environmental Safety& Health, LLC,

PSM & RMP = OMG! Inspected Lately? Be Prepared...To prevent and mitigate accidental releases of...

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