The Occupational Safety and Health Administration (“OSHA”) published a Request for Information (“RFI”) on December 9, 2013 concerning possible changes to the Process Safety Management (“PSM”) program codified at 29 C.F.R. 1910.119. See 78 Fed. Reg. 73756 (Dec. 9, 2013). Likewise, the Environmental Protection Agency (“EPA”) published an RFI on July 31, 2014 relating
Both OSHA’s Process Safety Management (“PSM”) and EPA’s Chemical Accident Prevention regulations are regulatory programs developed to address process safety in the “Process Industry.” A “Process” is defined broadly and includes any activity that uses, stores, manufactures, handles or moves hazardous chemicals. Since the definition is broad, it includes much more than refineries and chemical
RMP was promulgated a few years after PSM and kept the same list of PSI developed by OSHA. See 29 CFR 1910.119(d) and 40 CFR 68.65. Although basically the same list, EPA’s list dropped reference to the health and safety of employees (as they lack authority to regulate the workplace). See 61 Fed. Reg. 31668,
Process safety information (“PSI”) is the foundation on which the rest of the PSM and RMP elements are built. Process safety information is that information that is needed to make sound safety decisions and it includes descriptions of the hazardous chemicals, the technology of the process, and the equipment in the process. Both
Safe upper and lower limits are intended to relate to the equipment itself. For example, a process circuit will have multiple pieces of equipment within the circuit with varying design maximum pressure ratings. Whereas each piece of equipment will have different pressure rating, the safe upper limit for the circuit should be something less than
Appendix A to §1910.119—List of Highly Hazardous Chemicals, Toxics and Reactives (Mandatory)
This appendix contains a listing of toxic and reactive highly hazardous chemicals which present a potential for a catastrophic event at or above the threshold quantity.
|
CHEMICAL name |
CAS* |
TQ** |
| Acetaldehyde |
75-07-0 |
2500 |
| Acrolein (2-Propenal) |
107-02-8 |
150 |
| Acrylyl Chloride |
814-68-6 |
250 |
| Allyl Chloride |
Both PSM and RMP require that the owner or operator have a system in place to promptly address the team’s PHA findings and recommendations to assure they are resolved in a timely matter. See 29 CFR 1910.119(e)(5) and 40 CFR 68.67(e). In accordance with Pre-startup review requirements, these PHA recommendations must be resolved or implemented
RAGAGEP is an acronym for the term “Recognized and Generally Accepted Good Engineering Practice.” Although this term is not defined in the PSM or RMP regulations, it is found within the Process Safety Information (PSI) and Mechanical Integrity sections. Significant controversy exists around the term and its meaning resulting, in part, in recent
Both PSM and Program 3 of RMP require compliance with similar elements which include the:
Although the two programs have significant overlap, each has its own focus. PSM is an occupational health program intended to protect workers; RMP is intended to protect the environment and the community. PSM is an OSHA program, whereas RMP is an EPA program.
Another big difference is that RMP (the program) requires development of a