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Congratulations, you are a proud owner of a Process that is classified as Program 3 under the Clean Air Act Amendments of 1990, Section112(r) and the Florida Accidental Release Prevention and Risk Management Planning Act.
Program 3
The requirements of a Risk Management Program for Program 3 processes are:
1. Develop and implement a management system;
2. Conduct a Hazard Assessment;
3. Implement the Program 3 Prevention Steps;
4. Develop and implement an emergency response program;
5. Submit a Risk Management Plan;
6. Pay and submit annual fees.
Note: The owner or operator of a stationary source subject to the Risk Management Program must submit a single Risk Management Plan that includes a registration that reflects all covered processes.
Detailed Requirements and Helpful Hints
1. Develop a Management System
Sec. 68.15 Management.
(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.
Worst-Case Scenario
When finding out which Program Level your Process is you should have already completed a Worst-Case Scenario. To review the process of determining this click HERE!
Alternative Release Scenario
For Program 3 processes you must determine an Alternative Release Scenario. To review how to determine an Alternative Release Scenario use RMP.Hazard.
Five -Year Accident History
Once again, to find out which Program Level your Process you should have already completed a Worst-Case Scenario. To review the process of determining this click HERE!
If you source is already in compliance with Occupational Safety and Health Administration's Process Safety Management then your site should meet most of the attributes of this Prevention Program. There are some differences so be sure to check for discrepancies. To visit Occupational Safety and Health Administration's Web Site to learn more click HERE.
Sec. 68.65 Process safety information.
(a) In accordance with the schedule set forth in Sec. 68.67, the owner or operator shall complete a compilation of written process safety information before conducting any process hazard analysis required by the rule. The compilation of written process safety information is to enable the owner or operator and the employees involved in operating the process to identify and understand the hazards posed by those processes involving regulated substances. This process safety information shall include information pertaining to the hazards of the regulated substances used or produced by the process, information pertaining to the technology of the process, and information pertaining 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 subparagraph.
(c) Information pertaining to the technology of the process.
(1) Information concerning the technology 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 information no longer exists, such information may be developed in conjunction with the process hazard analysis in sufficient detail to support the analysis.
(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 employed;
(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 document 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, maintained, inspected, tested, and operating in a safe manner.
Sec. 68.67 Process hazard analysis.
(a) The owner or operator shall perform an initial process hazard analysis (hazard evaluation) on processes covered by this part. The process hazard analysis shall be appropriate to the complexity of the process and shall identify, evaluate, and control the hazards involved in the process. The owner or operator shall determine and document the priority order for conducting process hazard analyses based on a rationale which includes such considerations as extent of the process hazards, number of potentially affected employees, age of the process, and operating history of the process. The process hazard analysis shall be conducted as soon as possible, but not later than June 21, 1999. Process hazards analyses completed 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 methodologies that are appropriate to determine 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 methodology.
(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 appropriate application of detection methodologies to provide early warning of releases. (Acceptable detection methods might include process monitoring and control instrumentation with alarms, and detection hardware such as hydrocarbon sensors.);
(4) Consequences of failure of engineering 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 process operations, and the team shall include at least one employee who has experience and knowledge specific to the process being evaluated. Also, one member of the team must be knowledgeable in the specific process hazard analysis methodology being used.
(e) The owner or operator shall establish 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; document what actions are to be taken; complete actions as soon as possible; develop a written schedule of when these actions are to be completed; communicate 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 the completion of the initial process hazard analysis, the process hazard analysis shall be updated and revalidated by a team meeting the requirements in paragraph (d) of this section, to assure that the process hazard analysis is consistent with the current process. Updated and revalidated process hazard analyses completed to comply with 29 CFR 1910.119(e) are acceptable to meet the requirements of this paragraph.
(g) The owner or operator shall retain process hazards analyses and updates or revalidations for each process covered by this section, as well as the documented resolution of recommendations described in paragraph (e) of this section for the life of the process.
Sec. 68.69 Operating procedures.
(a) The owner or operator shall develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with the process safety information 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 assignment of shutdown responsibility to qualified operators to ensure that 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 presented by, the chemicals used in the process;
(ii) Precautions necessary to prevent exposure, including engineering controls, administrative controls, and personal 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 inventory levels; and,
(v) Any special or unique hazards.
(4) Safety systems and their functions.
(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 assure that they reflect current operating practice, including changes that result from changes in process chemicals, technology, and equipment, and changes to stationary sources. The owner or operator shall certify annually that these operating procedures are current and accurate.
(d) The owner or operator shall develop and implement safe work practices to provide for the control of hazards during operations such as lockout/tagout; confined space entry; opening process equipment or piping; and control over entrance into a stationary source by maintenance, contractor,[[Page 1163]]laboratory, or other support personnel. These safe work practices shall apply to employees and contractor employees.
Sec. 68.71 Training.
(a) Initial training.
(1) Each employee presently involved in operating a process, and each employee before being involved in operating a newly assigned process, shall be trained in an overview of the process and in the operating procedures as specified in Sec. 68.69. The training shall include emphasis on the specific safety and health hazards, emergency operations including shutdown, and safe work practices applicable to the employee's job tasks.
(2) In lieu of initial training for those employees already involved in operating a process on June 21, 1999 an owner or operator may certify in writing that the employee has the required knowledge, skills, and abilities to safely carry out the duties and responsibilities as specified in the operating procedures.
(b) Refresher training. Refresher training shall be provided at least every three years, and more often if necessary, 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 consultation with the employees involved in operating the process, shall determine the appropriate frequency of refresher training.
(c) Training documentation. The owner or operator shall ascertain that each employee involved in operating a process 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 employee understood the training.
Sec. 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 devices;
(4) Emergency shutdown systems;
(5) Controls (including monitoring devices and sensors, alarms, and interlocks) 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.
(c) Training for process maintenance activities. The owner or operator shall train each employee involved in maintaining the on-going integrity of process equipment in an overview of that process and its hazards and in the procedures 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) Inspections 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 consistent with applicable manufacturers' recommendations and good engineering practices, and more frequently if determined to be necessary by prior operating experience.
(4) The owner or operator shall document 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 inspection or test, the serial number or other identifier of the equipment on which the inspection or test was performed, 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 information in Sec. 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 construction of new plants and equipment, the owner or operator shall assure that equipment as it is fabricated is suitable for the process application for which they will be used.
(2) Appropriate checks and inspections 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 assure that maintenance materials, spare parts and equipment are suitable for the process application for which they will be used.Sec. 68.75 Management of change.
(a) The owner or operator shall establish and implement written procedures to manage changes (except for ``replacements in kind'') to process chemicals, technology, equipment, and procedures; and, changes to stationary sources that affect a covered process.
(b) The procedures shall assure that the following considerations are addressed prior to any change:
(1) The technical basis for the proposed change;
(2) Impact of change on safety and health;
(3) Modifications to operating procedures;
(4) Necessary time period for the change; and,
(5) Authorization requirements for the proposed change.
(c) Employees involved in operating a process and maintenance and contract employees whose job tasks will be affected 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 paragraph results in a change in the process safety information required by Sec. 68.65 of this part, such information shall be updated accordingly.
(e) If a change covered by this paragraph results in a change in the operating procedures or practices required by Sec. 68.69, such procedures or practices shall be updated accordingly.
Sec. 68.77 Pre-startup review.
(a) The owner or operator shall perform a pre-startup safety review for new stationary sources and for modified stationary sources when the modification is significant enough to require a change in the process safety information.
(b) The pre-startup safety review shall confirm that prior to the introduction 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 performed and recommendations have been resolved or implemented before startup; and modified stationary sources meet the requirements contained in management of change, Sec. 68.75.
(4) Training of each employee involved in operating a process has been completed.
Sec. 68.79 Compliance audits.
(a) The owner or operator shall certify that they have evaluated compliance with the provisions of this section at least every three years to verify that the procedures and practices developed under the standard are adequate 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.
Sec. 68.81 Incident investigation.
(a) The owner or operator shall investigate each incident which resulted in, or could reasonably have resulted in a catastrophic release of a regulated substance.
(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 experience 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,
(5) Any recommendations resulting from the investigation.
(e) The owner or operator shall establish a system to promptly address and resolve the incident report findings and recommendations. Resolutions and corrective actions shall be documented.
(f) The report shall be reviewed with all affected personnel whose job tasks are relevant to the incident findings including contract employees where applicable.
(g) Incident investigation reports shall be retained for five years.
Sec. 68.83 Employee participation.
(a) The owner or operator shall develop a written plan of action regarding the implementation of the employee participation required by this section.
(b) The owner or operator shall consult with employees and their representatives on the conduct and development of process hazards analyses and on the development of the other elements of process safety management in this rule.
(c) The owner or operator shall provide to employees and their representatives access to process hazard analyses and to all other information required to be developed under this rule.
Sec. 68.85 Hot work permit.
(a) The owner or operator shall issue a hot work permit for hot work operations conducted on or near a covered process.
(b) The permit shall document that the fire prevention and protection requirements in 29 CFR 1910.252(a) have been implemented prior to beginning the hot work operations; it shall indicate the date(s) authorized for hot work; and identify the object on which hot work is to be performed. The permit shall be kept on file until completion of the hot work operations.
Sec. 68.87 Contractors.
(a) Application. This section applies to contractors performing maintenance or repair, turnaround, major renovation, 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 selecting a contractor, shall obtain and evaluate information regarding the contract owner or operator's safety performance and programs.
(2) The owner or operator shall inform 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 explain to the contract owner or operator the applicable provisions of subpart E of this part. (4) The owner or operator shall develop and implement safe work practices consistent with Sec. 68.69(d), to control the entrance, presence, and exit of the contract owner or operator and contract employees in covered process areas.
(5) The owner or operator shall periodically evaluate the performance of the contract owner or operator in fulfilling their obligations as specified in paragraph (c) of this section.
(c) Contract owner or operator responsibilities.
(1) The contract owner or operator shall assure that each contract employee is trained in the work practices necessary to safely perform his/her job.
(2) The contract owner or operator shall assure that each contract employee is instructed in the known potential 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 employee has received and understood the training required by this section. The contract owner or operator shall prepare a record which contains the identity of the contract employee, the date of training, and the means used to verify that the employee understood the training.
(4) The contract owner or operator shall assure that each contract employee follows the safety rules of the stationary source including the safe work practices required by Sec. 68.69(d).
(5) The contract owner or operator shall advise the owner or operator of 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.
Sec. 68.90 Applicability.
(a) Except as provided in paragraph (b) of this section, the owner or operator of a stationary source with Program 2 and Program 3 processes shall comply with the requirements of Sec. 68.95.
(b) The owner or operator of stationary source whose employees will not respond to accidental releases of regulated substances need not comply with Sec. 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 42 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 department; and
(3) Appropriate mechanisms are in place to notify emergency responders when there is a need for a response.
Sec. 68.95 Emergency response program.
(a) The owner or operator shall develop and implement an emergency response program for the purpose of protecting public health and the environment. Such program shall include the following elements:
(1) An emergency response plan, which shall be maintained at the stationary source and contain at least the following elements:
(i) Procedures for informing the public and local emergency response agencies about accidental releases;
(ii) Documentation of proper first-aid and emergency medical treatment necessary to treat accidental human exposures; and
(iii) Procedures and measures for emergency response after an accidental release of a regulated substance;
(2) Procedures for the use of emergency response equipment and for its inspection, testing, and maintenance;
(3) Training for all employees in relevant procedures; and
(4) Procedures to review and update, as appropriate, the emergency response plan to reflect changes at the stationary source and ensure that employees are informed of changes.
(b) A written plan that complies with other Federal contingency plan regulations or is consistent with the approach in the National Response Team's Integrated Contingency Plan Guidance (``One Plan'') and that, among other matters, includes the elements 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 developed under paragraph (a)(1) 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 planning committee or emergency response officials, the owner or operator shall promptly provide to the local emergency response officials information necessary for developing and implementing the community emergency response plan.
6. Submit a Risk Management Plan
There are five major sections of a Risk Management Plan. An Executive Summary, an Registration, an Hazard Assessment , Program 3 Prevention Program, Emergency Response
Sec. 68.155 Executive summary.
The owner or operator shall provide in the RMP an executive summary that includes a brief description of the following elements:
(a) The accidental release prevention and emergency response policies at the stationary source;
(b) The stationary source and regulated substances handled;
(c) The worst-case release scenario(s) and the alternative release scenario(s), including administrative controls and mitigation measures to limit the distances for each reported scenario;
(d) The general accidental release prevention program and chemical-specific prevention steps;
(e) The five-year accident history;
(f) The emergency response program; and
(g) Planned changes to improve safety.
Sec. 68.160 Registration.
(a) The owner or operator shall complete a single registration form and include 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 company;
(4) The name, telephone number, and mailing address of the owner or operator;
(5) The name and title of the person or position with overall responsibility for RMP elements and implementation;
(6) The name, title, telephone number, and 24-hour telephone number of the emergency contact;
(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 SIC code, and the Program level of the process;
(8) The stationary source EPA identifier;
(9) The number of full-time employees 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 inspection of the stationary source by a Federal, state, or local government agency and the identity of the inspecting entity.
Hazard Assessment (Offsite Consequence Analysis or Worst-Case Scenario)
Sec. 68.165 Offsite consequence analysis.
(a) The owner or operator shall submit in the RMP information:
(1) One worst-case release scenario for each Program 1 process; and
[not required for program 1](2) For Program 2 and 3 processes, one worst-case release scenario to represent all regulated toxic substances held above the threshold quantity and one worst-case release scenario to represent all regulated flammable substances held above the threshold quantity. If additional worst-case scenarios for toxics or flammables are required by Sec. 68.25(a)(2)(iii), the owner or operator shall submit the same information on the additional scenario(s). 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 represent all regulated flammable substances held above the threshold quantity.
(b) The owner or operator shall submit 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 vaporization);
(5) Quantity released in pounds;
(6) Release rate;
(7) Release duration;
(8) Wind speed and atmospheric stability class (toxics only);
(9) Topography (toxics only);
(10) Distance to endpoint;
(11) Public and environmental receptors within the distance;
(12) Passive mitigation considered; and
(13) Active mitigation considered (alternative releases only);
Five-Year accident History
Sec. 68.168 Five-year accident history.
The owner or operator shall submit in the RMP the information
provided in Sec. 68.42(b) on each accident covered by Sec. 68.42(a).
Sec. 68.42 Five-year accident history.
(a) The owner or operator shall include in the five-year accident
history all accidental releases from covered processes that resulted in
deaths, injuries, or significant property damage on site, or known
offsite deaths, injuries, evacuations, sheltering in place, property
damage, or environmental damage.
(b) Data required. For each accidental release included, the owner
or operator shall report the following information:
(1) Date, time, and approximate duration 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 if known;
(9) 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 estimates may be provided to two
significant digits.
Emergency Response
Sec. 68.180 Emergency response program.
(a) The owner or operator shall provide in the RMP the following information:
(1) Do you have a written emergency response plan?
(2) Does the plan include specific actions to be taken in response to an accidental releases of a regulated substance?
(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 review or update of the emergency response plan;
6) The date of the most recent emergency response training for employees.
(b) The owner or operator shall provide 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.
If you stationary source's highest covered process is classified as Program 3 and it is in Florida then you are subject to fees under the Florida Accidental Release Prevention and Risk Management Planning Act.
Stationary sources that have a Program 3 process must pay $1,000.
To find out more information about fees click "HERE".