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Difference between OSHA’s PSM and EPA’s RMP requirements PDF Print E-mail
Safety Info Posts - Chemical Process Safety (PSM/RMP)
Written by Bryan Haywood   
Tuesday, 28 February 2012 20:22

Ever heard anyone say “PSM and RMP are identical except for the off-site consequence requirements”?  There are a lot of similarities between the two chemical safety regulations, but the two are very much different in more ways than just the “off-site consequence requirements”.  Most of the similarities are between RMP “Program 3 Prevention Program” and OSHA’s PSM requirement; however, there are actually substantive differences even between these requirements.

First, OSHA requires no reporting of a facility’s Process Safety Management (PSM) program, but EPA does require a facility to submit their Risk Management Plan (on-line using “e-Submit” software).  The other major difference is the EPA’s “off-site consequence analysis” (OCA) required for each “covered process” in order to determine the facility’s “Worst Case Release Scenario” and their “Alternative Release Scenario”.  But the obvious differences stop there and unfortunately there are several other significant requirements that can cause some serious compliance issues for facilities that must comply with the RMP rule.

1) Chemicals and their Thresholds are different!

The VERY FIRST step to determine if your process is covered by either standard is to determine the quantity in the process and compare that to the Threshold prescribed by the standard to determine if the process is covered by one or both of the standards.  In some cases, the process may be covered by RMP and not OSHA and vice versa.  For instance a facility that uses one-ton chlorine cylinders WOULD BE COVERED by OSHA’s PSM, but would NOT be covered by EPA’s RMP rule.  This is because OSHA’s threshold for chlorine is 1,500 pounds and EPA’s threshold is 2,500 pounds.  The other HUGE difference in the “threshold determination” is that OSHA lumped ALL FLAMMABLE LIQUIDS (FP<100°F) together and set their threshold at 10,000 pounds.  EPA treats flammable liquids MUCH differently in that the SPECIFIC FLAMMABLE LIQUID MUST be listed by CAS number to be considered to be an “Extremely Hazardous Substance” (EHS).  Here is a listing of the different chemicals and their thresholds between the two regulations:

Toxic Chemicals Regulated under RMP that are also Regulated under PSM

[Alphabetical Order - 78 Substances]

Chemical Name

CAS No.

RMP Threshold Quantity (lbs.)

PSM Threshold Quantity (lbs.)

Acrolein [2-Propenal]

107-02-8

5,000

150

Acrylonitrile [2-Propenenitrile]

107-13-1

20,000

Not Regulated

Acrylyl chloride [2-Propenoyl chloride]

814-68-6

5,000

250

Allyl alcohol [2-Propen-1-ol]

107-18-6

15,000

Not Regulated

Allylamine [2-Propen-1-amine]

107-11-9

10,000

1,000

Ammonia (anhydrous)

7664-41-7

10,000

10,000

Ammonia (solution)

7664-41-7

20,000(conc. 20% or greater)

15000(conc. 44% or greater)

Arsenous trichloride

7784-34-1

15,000

Not Regulated

Arsine

7784-42-1

1,000

100

Boron trichloride [Borane, trichloro-]

10294-34-5

5,000

2,500

Boron trifluoride [Borane, trifluoro-]

7637-07-2

5,000

250

Boron trifluoride compound with methyl ether (1:1) [Boron, trifluoro[oxybis[metane]]-, T-4-

353-42-4

15,000

Not Regulated

Bromine

7726-95-6

10,000

1,500

Carbon disulfide

75-15-0

20,000

Not Regulated

Chlorine

7782-50-5

2,500

1,500

Chlorine dioxide [Chlorine oxide (ClO2)]

10049-04-4

1,000

1,000

Chloroform [Methane, trichloro-]

67-66-3

20,000

Not Regulated

Chloromethyl ether [Methane, oxybis[chloro-]

542-88-1

1,000

Not Regulated

Chloromethyl methyl ether [Methane, chloromethoxy-]

107-30-2

5,000

500

Crotonaldehyde [2-Butenal]

4170-30-3

20,000

Not Regulated

Crotonaldehyde, (E)- [2-Butenal, (E)-]

123-73-9

20,000

Not Regulated

Cyanogen chloride

506-77-4

10,000

500

Cyclohexylamine [Cyclohexanamine]

108-91-8

15,000

Not Regulated

Diborane

19287-45-7

2,500

100

Dimethyldichlorosilane [Silane, dichlorodimethyl-]

75-78-5

5,000

1,000

1,1-Dimethylhydrazine [Hydrazine, 1,1-dimethyl-]

57-14-7

15,000

1,000

Epichlorohydrin [Oxirane, (chloromethyl)-]

106-89-8

20,000

Not Regulated

Ethylenediamine [1,2-Ethanediamine]

107-15-3

20,000

Not Regulated

Ethyleneimine [Aziridine]

151-56-4

10,000

1,000

Ethylene oxide [Oxirane]

75-21-8

10,000

5,000

Fluorine

7782-41-4

1,000

1,000

Formaldehyde (solution)

50-00-0

15,000

1,000

Furan

110-00-9

5,000

500

Hydrazine

302-01-2

15,000

Not Regulated

Hydrochloric acid

7647-01-0

15,000(conc 37% or greater)

5000 (anhydrous only)

Hydrocyanic acid

74-90-8

2,500

1,000

Hydrogen chloride (anhydrous) [Hydrochloric acid]

7647-01-0

5,000

5,000

Hydrogen fluoride/Hydrofluoric acid [Hydrofluoric acid]

7664-39-3

1000 (conc. 50% or greater)

1000 (anhydrous only)

Hydrogen selenide

7783-07-5

500

150

Hydrogen sulfide

7783-06-4

10,000

1,500

Iron, pentacarbonyl- [Iron carbonyl (Fe(CO) 5), (TB-5-11)-]

13463-40-6

2,500

Not Regulated

Isobutyronitrile [Propanenitrile, 2-methyl-]

78-82-0

20,000

250

Isopropyl chloroformate [Carbonochloridic acid, 1-methylethyl ester]

108-23-6

15,000

Not Regulated

Methacrylonitrile [2-Propenenitrile, 2-methyl-]

126-98-7

10,000

250

Methyl chloride [Methane, chloro-]

74-87-3

10,000

15,000

Methyl chloroformate [Carbonochloridic acid, methylester]

79-22-1

5,000

500

Methyl hydrazine [Hydrazine, methyl-]

60-34-4

15,000

100

Methyl isocyanate [Methane, isocyanato-]

624-83-9

10,000

250

Methyl mercaptan [Methanethiol]

74-93-1

10,000

5,000

Methyl thiocyanate [Thiocyanic acid, methyl ester]

556-64-9

20,000

Not Regulated

Methyltrichlorosilane [Silane, trichloromethyl-]

75-79-6

5,000

500

Nickel carbonyl

13463-39-3

1,000

150

Nitric acid (conc 80% or greater)

7697-37-2

15,000

500

Nitric oxide [Nitrogen oxide (NO)]

10102-43-9

10,000

250

Nitrogen tetroxide 2

10544-72-6

250

250

Oleum (Fuming Sulfuric acid) [Sulfuric acid, mixture with sulfur trioxide] 1

8014-95-7

10,000

1,000

Peracetic acid [Ethaneperoxoic acid]

79-21-0

10,000

1,000

Perchloromethylmercaptan [Methanesulfenyl chloride, trichloro-]

594-42-3

10,000

150

Phosgene [Carbonic dichloride]

75-44-5

500

100

Phosphine

7803-51-2

5,000

100

Phosphorus oxychloride [Phosphoryl chloride]

10025-87-3

5,000

1,000

Phosphorus trichloride [Phosphorous trichloride]

7719-12-2

15,000

1,000

Piperidine

110-89-4

15,000

Not Regulated

Propionitrile [Propanenitrile]

107-12-0

10,000

Not Regulated

Propyl chloroformate [Carbonochloridic acid, propylester]

109-61-5

15,000

Not Regulated

Propyleneimine [Aziridine, 2-methyl-]

75-55-8

10,000

Not Regulated

Propylene oxide [Oxirane, methyl-]

75-56-9

10,000

Not Regulated

Sulfur dioxide (anhydrous)

7446-09-5

5,000

1,000

Sulfur tetrafluoride [Sulfur fluoride (SF4), (T-4)-]

7783-60-0

2,500

250

Sulfur trioxide

7446-11-9

10,000

1,000

Tetramethyllead [Plumbane, tetramethyl-]

75-74-1

10,000

1,000

Tetranitromethane [Methane, tetranitro-]

509-14-8

10,000

Not Regulated

Titanium tetrachloride [Titanium chloride (TiCl4) (T-4)-]

7550-45-0

2,500

Not Regulated

Toluene 2,4-diisocyanate [Benzene, 2,4-diisocyanato-1-methyl-] 1

584-84-9

10,000

Not Regulated

Toluene 2,6-diisocyanate [Benzene, 1,3-diisocyanato-2-methyl-] 1

91-08-7

10,000

Not Regulated

Toluene diisocyanate (unspecified isomer) [Benzene, 1,3-diisocyanatomethyl-] 1

26471-62-5

10,000

Not Regulated

Trimethylchlorosilane [Silane, chlorotrimethyl-]

75-77-4

10,000

Not Regulated

Vinyl acetate monomer [Acetic acid ethenyl ester]

108-05-4

15,000

Not Regulated

1 The mixture exemption in 68.115(b)(1) does not apply to the substance.

2 Only applies to Louisiana Chemical Accident Prevention Program. Not regulated under 40 CFR part 68.

List of Regulated Flammable Substances and Threshold Quantities for RMP

[Alphabetical Order - 63 Substances]

Chemical Name

CAS No.

RMP Threshold Quantity (lbs.)

PSM Threshold Quantity (lbs.)

Acetaldehyde

75-07-0

10,000

2,500

Acetylene [Ethyne]

74-86-2

10,000

10,000*

Bromotrifluorethylene [Ethene, bromotrifluoro-]

598-73-2

10,000

10,000*

1,3-Butadiene

106-99-0

10,000

10,000*

Butane

106-97-8

10,000

10,000*

1-Butene

106-98-9

10,000

10,000*

2-Butene

107-01-7

10,000

10,000*

Butene

25167-67-3

10,000

10,000*

2-Butene-cis

590-18-1

10,000

10,000*

2-Butene-trans [2-Butene, (E)]

624-64-6

10,000

10,000*

Carbon oxysulfide [Carbon oxide sulfide (COS)]

463-58-1

10,000

10,000*

Chlorine monoxide [Chlorine oxide]

7791-21-1

10,000

Not Regulated

2-Chloropropylene [1-Propene, 2-chloro-]

557-98-2

10,000

10,000*

1-Chloropropylene [1-Propene, 1-chloro-]

590-21-6

10,000

10,000*

Cyanogen [Ethanedinitrile]

460-19-5

10,000

2,500

Cyclopropane

75-19-4

10,000

10,000*

Dichlorosilane [Silane, dichloro-]

4109-96-0

10,000

2,500

Difluoroethane [Ethane, 1,1-difluoro-]

75-37-6

10,000

NA

Dimethylamine [Methanamine, N-methyl-]

124-40-3

10,000

2,500

2,2-Dimethylpropane [Propane, 2,2-dimethyl-]

463-82-1

10,000

10,000*

Ethane

74-84-0

10,000

10,000*

Ethyl acetylene [1-Butyne]

107-00-6

10,000

10,000*

Ethylamine [Ethanamine]

75-04-7

10,000

7,500

Ethyl chloride [Ethane, chloro-]

75-00-3

10,000

10,000*

Ethylene [Ethene]

74-85-1

10,000

10,000*

Ethyl ether [Ethane, 1,1'-oxybis-]

60-29-7

10,000

10,000*

Ethyl mercaptan [Ethanethiol]

75-08-1

10,000

10,000*

Ethyl nitrite [Nitrous acid, ethyl ester]

109-95-5

10,000

5,000

Hydrogen

1333-74-0

10,000

10,000*

Isobutane [Propane, 2-methyl]

75-28-5

10,000

10,000*

Isopentane [Butane, 2-methyl-]

78-78-4

10,000

10,000*

Isoprene [1,3-Butadiene, 2-methyl-]

78-79-5

10,000

10,000*

Isopropylamine [2-Propanamine]

75-31-0

10,000

5,000

Isopropyl chloride [Propane, 2-chloro-]

75-29-6

10,000

10,000*

Methane

74-82-8

10,000

10,000*

Methylamine [Methanamine]

74-89-5

10,000

1,000

3-Methyl-1-butene

563-45-1

10,000

10,000*

2-Methyl-1-butene

563-46-2

10,000

10,000*

Methyl ether [Methane, oxybis-]

115-10-6

10,000

10,000*

Methyl formate [Formic acid, methyl ester]

107-31-3

10,000

10,000*

2-Methylpropene [1-Propene, 2-methyl-]

115-11-7

10,000

10,000*

1,3-Pentadiene

504-60-9

10,000

10,000*

Pentane

109-66-0

10,000

10,000*

1-Pentene

109-67-1

10,000

10,000*

2-Pentene, (E)-

646-04-8

10,000

10,000*

2-Pentene, (Z)-

627-20-3

10,000

10,000*

Propadiene [1,2-Propadiene]

463-49-0

10,000

NA

Propane

74-98-6

10,000

10,000*

Propylene [1-Propene]

115-07-1

10,000

10,000*

Propyne [1-Propyne]

74-99-7

10,000

10,000*

Silane

7803-62-5

10,000

10,000*

Tetrafluoroethylene [Ethene, tetrafluoro-]

116-14-3

10,000

5,000

Tetramethylsilane [Silane, tetramethyl-]

75-76-3

10,000

10,000*

Trichlorosilane [Silane, trichloro-]

10025-78-2

10,000

5,000

Trifluorochloroethylene [Ethene, chlorotrifluoro-]

79-38-9

10,000

10,000

Trimethylamine [Methanamine, N,N-dimethyl-]

75-50-3

10,000

10,000*

Vinyl acetylene [1-Buten-3-yne]

689-97-4

10,000

10,000*

Vinyl chloride [Ethene, chloro-]

75-01-4

10,000

10,000*

Vinyl ethyl ether [Ethene, ethoxy-]

109-92-2

10,000

10,000*

Vinyl fluoride [Ethene, fluoro-]

75-02-5

10,000

10,000*

Vinylidene chloride [Ethene, 1,1-dichloro-]

75-35-4

10,000

10,000*

Vinylidene fluoride [Ethene, 1,1-difluoro-]

75-38-7

10,000

10,000*

Vinyl methyl ether [Ethene, methoxy-]

107-25-5

10,000

10,000*

* Flammable chemicals with an asterisk are not specifically listed in 1910.119 appendix A, but do meet the criteria in 1910.1200 (c) to be regulated under 1910.119 as a flammable chemical with a threshold quantity of 10,000 lbs. Those criteria state that a flammable gas must have a Lower Explosive (flammability) Limit (LEL)of 13% or less at ambient temperature and pressure and a flammable liquid must have a flashpoint less than 100 degrees F to covered by 1910.119. If you have one of these flammable chemicals with an asterisk by it that does not meet these specifications to be regulated under the OSHA PSM standard, then DEQ may request that you provide a valid Material Safety Data Sheet for that chemical listing the LEL or Flashpoint. The National Fire Protection Association Guide to Hazardous Materials, Code 325, sections 1-3.3 and 1-3.5 lists the definitions for Flashpoint and LEL.

2) “Management System” 

EPA’s RMP (68.15) requires the facility to have a WRITTEN MANAGEMENT SYSTEM to oversee the implementation of the RMP.  OSHA’s PSM does not require this written management system!  EPA’s RMP states the following:

(a)The owner or operator of a stationary source with processes subject to Program 2 or Program 3 shall develop a management system to oversee the implementation of the risk management program elements.

(b) The owner or operator shall assign a qualified person or position that has the overall responsibility for the development, implementation, and integration of the risk management program elements.

(c) When responsibility for implementing individual requirements of this part is assigned to persons other than the person identified under paragraph (b) of this section, the names or positions of these people shall be documented and the lines of authority defined through an organization chart or similar document.

 

What is a management system?  How comprehensive must it be?  Is there a standard format?

The management system required under Subpart A of 40 CFR Part 68 is essentially a system defined by facility managers for integrating the implementation of the risk management program elements and assigning responsibility for that implementation (58 FR 54196; October 20, 1993).  The extent of the management system will depend on the size and complexity of the source.  At many small sources, the appointment of a person or position that has the overall responsibility for the development, implementation, and integration of the risk management program elements, as required under 40 CFR §68.15(b), may satisfy the management system requirement.  For larger sources, separate divisions may be responsible for overseeing different elements of the risk management program.  The management system should document the integration of your operations.  For example, if process equipment is changed, process safety information must also be changed, training may need to be revised, and both operators and maintenance staff must be informed.  Some basic questions you should ask yourself are: Do you (corporate) know who is in charge of implementation?  Do your employees involved in implementation understand what their roles are, whom they report to, and whom they need to talk to when they make changes or problems arise?  The management system is a way to ensure that each department involved in the process understands its responsibilities and who should be contacted when changes or other concerns arise.  There is no standard format for the management system.  It should be designed to ensure that each person knows what his/her responsibilities are and the lines of authority.  This system can be documented by an organization chart, but other methods can be used as well.  The rule provides you with the flexibility to design and manage your management system in whatever way works best for you.  You are not required to submit the management system to EPA.  EPA has developed general guidance on RMP implementation that discusses management systems in further detail (see Chapter 5 of the General Guidance On Risk Management Programs For Chemical Accident Prevention (40 CFR Part 68)).  In addition, you may want to consider guidance produced by private parties, such as the Center for Chemical Process Safety (CCPS) who has a Process Safety Documentation guidebook for sale that might be helpful if your management system is complex.  (To order: call 1-800-AICHEME).

 

 3) Program Levels… RMP has them – PSM does not!

Once a facility has determined that it has a process subject to EPA’s RMP rule, it will need to identify what actions it must take to comply. The RMP rule defines three (3) “Program Levels” based on processes’ relative potential for public impacts and the level of effort needed to prevent accidents. A key point to mention here is that “OSHA is all about inside the fence line and EPA is all about beyond the fence line”.  For each Program Level, the rule defines requirements that reflect the level of risk and effort associated with the processes at that level. The Program Levels are as follows:

Program 1: Processes which would not have any off-site impacts in the case of the worst-case release (in the language of Part 68, processes “with no public receptors within the distance to an endpoint from a worst-case release”) and with no accidents with specific offsite consequences within the past five years are eligible for Program 1, which imposes limited hazard assessment requirements and minimal prevention and emergency response requirements.

 

Program 2: Processes not eligible for Program 1 or subject to Program 3 are placed in Program 2, which imposes streamlined prevention program requirements, as well as additional hazard assessment, management, and emergency response requirements.

 

Program 3: Processes not eligible for Program 1 and either subject to OSHA's PSM standard under federal or state OSHA programs or classified in one of ten specified North American Industrial Classification System (NAICS) codes are placed in Program 3, which imposes OSHA’s PSM standard as the prevention program as well as additional hazard assessment, management, and emergency response requirements.


4) Process Hazards Analysis

68.67 states… Process hazards analyses completed to comply with 29 CFR 1910.119(e) are acceptable as initial process hazards analyses. 

 

It is the term “initial” that we need to be clear with.  EPA explains that if your Program 3 process is also subject to OSHA PSM, you can use the PHA conducted for OSHA PSM compliance as your initial process hazard analysis for EPA purposes, provided you conducted your initial OSHA PHA prior to May 26, 1997... (date by which all initial OSHA PHAs must have been completed). In such cases, you can also update and revalidate your PHA on OSHA's schedule, but your update MUST consider offsite impacts. Any initial PHA performed after May 26, 1997 MUST consider offsite impacts in order for it to satisfy EPA's requirements.

 

5) Emergency Response – RMP has many more SPECIFIC requirements and language

 

EPA’s RMP (68.95) requires facility’s to develop and implement an emergency response program for the purpose of protecting public health and the environment, where as OSHA is ALL ABOUT PROTECTING the workers and responders.  EPA requires the facility’s Emergency Response Plan (ERP) to include the following elements:

  • Procedures for informing the public and local emergency response agencies about accidental releases
  • Documentation of proper first-aid and emergency medical treatment necessary to treat accidental human exposures
  • Procedures and measures for emergency response after an accidental release of a regulated substance
  • Procedures for the use of emergency response equipment and for its inspection, testing, and maintenance
  • 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.

The emergency response plan MUST be coordinated with the community emergency response plan developed under 42 U.S.C. 11003. Upon request of the Local Emergency Planning Committee (LEPC) or emergency response officials, the facility shall promptly provide to the local emergency response officials information necessary for developing and implementing the community emergency response plan.

 

OSHA’s PSM  Emergency planning and response element is very brief and only refers facilities to implement an emergency action plan (EAP) for the entire plant in accordance with the provisions of 29 CFR 1910.38 and for those facilities that have a response team to comply with 1910.120(q). In addition, the emergency action plan must include procedures for handling small releases.  Now if the facility does have an emergency response team then the REQUIRED Emergency Response Plan (ERP) must address coordination with outside emergency response organizations, but EPA’s RMP requirements are much more specific and detailed.

 

6) Three year and five year activities and updates

 

Both OSHA’s PSM and EPA’s RMP require certain activities to occur every three and five years.  Both require an audit every three years and both require the process hazards analysis to be revalidated every five years.  REMEMBER, when you do your PHA revalidation IT MUST CONSIDER OFF-SITE impacts in order for EPA to accept it as your RMP PHA.

 

But EPA also requires the RMP submittal to be updated at least every five years.  There are also several triggers that require the RMP submittal to be updated that OSHA’s PSM does not have.  And let’s be clear, EPA has issued some serious monetary fines for failing to update an RMP at the prescribed time.  These update requirements are:

  • No later than three years after a newly regulated substance is first listed by EPA;
  • No later than the date on which a new regulated substance is first present in an already covered process above a threshold quantity;
  • No later than the date on which a regulated substance is first present above a threshold quantity in a new process;
  • Within six months of a change that requires a revised PHA or hazard review;
  • Within six months of a change that requires a revised offsite consequence analysis as provided in §68.36; and
  • Within six months of a change that alters the Program level that applied to any covered process
  • When any accidental release meeting the five-year accident history reporting criteria of §68.42 and occurring after April 9, 2004, the owner or operator shall submit the data required under §§68.168, 68.170(j), and 68.175(l) with respect to that accident within six months of the release or by the time the RMP is updated under §68.190, whichever is earlier.
  • Within one month of any change in the emergency contact information required under §68.160(b)(6), the owner or operator shall submit a correction of that information within 30 days.

So let’s summarize the differences:

  1. Applicability is different in manyThe chemical lists are different and many of the thresholds are different.  RMP has program levels and PSM does not.
  2. RMP requires an offsite consequence analysis and PSM does not.
  3. PHAs done for RMP must consider offsite impacts
  4. Emergency Response Plan for RMP must be integrated with the community response plan.
  5. RMP requires more frequent updates to the RMP submittal than does the PSM 3-year and 5-year updates.
 
 

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