Process Safety Management

The Process Safety Management (PSM) standard contains requirements for the management of hazards associated with processes using chemicals deemed to be “highly hazardous.” PSM applies to those companies that deal with any of more than 130 specific toxic and reactive chemicals in listed quantities, any Category 1 flammable gas, or a flammable liquid with a flashpoint below 100°F (37.8°C) on site in one location, in a quantity of 10,000 pounds or more (with a few exceptions).

The elements and language of the risk management rule are, in large part, very close to those in the PSM standard. The main differences between the two programs include:

1. PSM, under OSHA, must protect workers from chemical incidents at facilities that use highly toxic, reactive, flammable, or explosive substances. While RMP, administered by EPA, protects public health and the environment. As a result, RMP does have some elements – hazard assessments, emergency response, and auditing - that are not required by the PSM standard – that are not in PSM.
2. The PSM and RMP substances list, and their associated threshold quantities, are not identical. Some of the substances appear on one list but not the other, and some appear on both lists but with different thresholds.

Regulatory citations:

• 29 CFR 1910.119
• 29 CFR 1910.119 Appendix A
• 29 CFR 1910.1200(c)
• 29 CFR 1910.119(a)(1)(ii)(A) and (B)

Spill Prevention Control & Countermeasure

For those facilities that trigger RMP because of the storage of a listed petroleum product, it is likely that Spill Prevention Control & Countermeasure (SPCC) rule will be triggered. SPCC applies to those facilities that meet the following:

• Are considered a non-transportation-related facility;
• Are engaged in drilling, producing, gathering, storing, processing, refining, transferring, distributing, using, or consuming oil;
• Could be reasonably expected to discharge oil in quantities that may be harmful into navigable waters or adjoining shorelines;
• Have a total aggregate capacity of either:
  • Aboveground oil storage greater than 1,320 in containers 55 gallons or greater; or
  • Completely buried storage tanks greater than 42,000 gallons in containers 55 gallons or greater.

If SPCC applies to your organization, then you have a number of requirements to comply with, that are specific to that regulation — prepare an SPCC Plan, conduct annual trainings, perform routine audits, and more.

Regulatory citation:

• 40 CFR 112

Related Compliance Network subjects:

• Oil Spill Prevention

Emergency Planning and Community Right-to-Know Act

Created more than ten years before RMP, Emergency Planning and Community Right-to-Know Act (EPCRA) was first written to reduce the likelihood of chemical related disasters in the U.S. The Community Right-to-Know provisions of EPCRA, increase the public access to information about chemicals in their community. EPCRA has five major provisions, all of which could apply to an RMP facility, but the most common overlap is found in the Hazardous chemical storage reporting requirements.

This section of EPCRA requires facilities handling or storing any hazardous chemicals in an amount equal to or greater than their threshold levels to file an inventory report. EPCRA does not have a chemical list, rather it covers all hazardous chemicals, means any hazardous chemical as defined by OSHA, with some Extremely hazardous substances having lower reporting thresholds.

Regulatory citations:

• 40 CFR 350
• 40 CFR 355
• 40 CFR 370
• 40 CFR 372
• 40 CFR 355 Appendices A and B
• 29CFR 1910.1200(c)

Related Compliance Network subjects:

• CERCLA, SARA, EPCRA
• Hazardous Materials Table

Chemical Facility Anti-Terrorism Standards

The Chemical Facility Anti-Terrorism Standards (CFATS) regulation applies to any facility that possesses any chemical of interest (COI) at or above the screening threshold quantity (STQ) and concentration listed in the standards. The CFATS list includes more than 300 chemicals based on the risk they pose due to potential release, theft (or diversion), or sabotage.

The CFATS chemical of interest list is similar to those includes in the RMP program, with those chemicals with the highest toxicity and flammability being covered by both programs. However, the requirements of the CFATS program, administered by Cybersecurity and Infrastructure Security Agency (CISA), and focused on security at high-risk facilities, has very different reporting obligations from RMP.

Regulatory citations:

• 6 CFR Part 27
• 6 CFR Part 27 Appendix A

Related Compliance Network subjects:

• Facility Security (SMS topics: Chemical Facility Security, Terrorism)
• Transportation Security