Understanding OSHA’s New NEP on PSM and EPA’s RMP Final Rule Presented By Conan Reed, Lori Siegelman, and Don DuRivage Of W&M Environmental Group, LLC With Special Guest Cindy Bishop
Understanding OS HA ’s New NEP on PS M Presented by Conan Reed and Don DuRivage
What is OS HA ’s National Emphasis Program (NEP)? OS HA relies on its S pecial Emphasis Program tool in order to respond to issues in which the health and safety of employees may be at risk. OS HA also uses its S pecial Emphasis Program tool when trends in safety may call for a heightened scrutiny of certain industries. OS HA ’s has three types of S pecial Emphasis Programs National Emphasis Programs Regional Emphasis Programs Local Emphasis Programs
What is OS HA ’s National Emphasis Program (NEP)? OS HA currently has ten Active NEPs Process Safety Management Lead Combustible Dust Primary Metal Industries Federal Agencies S hipbreaking Hazardous Machinery S ilica Hexavalent Chromium Trenching & Excavation
OS HA ’s PS M NEP Old PS M NEP November 29, 2011 Inspections conducted either through an instruction specific to petroleum refineries or an instruction related to all other PS M-covered chemical facilities excluding petroleum refineries. New PS M NEP January 17, 2017 . This new NEP replaced the previous PS M NEP issued on November 29, 2011. The new NEP is applicable to all PS M-covered facilities, including petroleum refineries. NEP inspections conducted at petroleum refineries will be conducted in the same manner as NEP inspections conducted at all other PS M covered-facilities.
How do I know if my company is targeted by a S pecial Emphasis Program? For most cases you can match up your S IC code(s) with the corresponding emphasis program directive, starting with your region of operation. If you find a match, the likelihood of inspection increases substantially. OS HA ’s new PS M NEP will use a different method for establishing a list of targeted facilities.
Will My Facility Be Targeted? OS HA will use four sources for targeting: EP A Chemical Accident Prevention Provisions, Program 1, Program 2 and Program 3 RMP operator/ employer submittals Explosives and pyrotechnics manufacturing NAICS S and/ or S IC codes OS HA ’s Integrated Management Information S ystem (IMIS ) and OS HA ’s Information S ystem (OIS ) databases for establishments with prior OS HA PS M citations OS HA Area Office knowledge of local facilities OS HA will use the sources above for generating a master list
Will My Facility Be Targeted? OS HA will Categorize the list into five lists Category 1 – Facilities with NAICS Codes likely to have ammonia used for refrigeration as the only Highly Hazardous Chemical; Category 2 – NAICS 32411 or 324110 (Petroleum Refineries); Category 3 – NAICS 325 (Chemical Manufacturing); Category 4 - NAICS Codes for facilities that are likely PS M covered but not Category 1, Category 2, or Category 3.
Will My Facility Be Targeted? OS HA will provide each region with an initial master list and regional offices will: Add any known PS M covered facility that is not on the list Add any likely PS M covered facility Mark for deletion, any facilities that are out of business Mark for deletion any facility that is an approved participant in OS HA ’s VPP or OS HA Consultation’s S afety and Health Achievement Recognition Program (S HARP) Mark for deletion any facility that has already received an inspection under the previous PS M NEP in the last three years since the opening conference date of the last inspection Return the list for final processing
Will My Facility Be Inspected? Under the NEP , OS HA will perform both Programmed and Unprogrammed inspections Programmed inspections will be performed on facilities that are known or believed to have a risk of a catastrophic release of HHCs Unprogrammed inspections will be performed on facilities when a complaint or referral is made to OS HA or if the facility has had an accident or catastrophe involving a PS M covered process.
How Likely Will My Facility Be Inspected? Programmed Inspections will be apportioned to five categories Category 1 - ~25% of the total programmed inspections; Category 2 - The national goal will be allocated across regions by the percentage of U.S . refineries located in each region. Category 3 – ~45% of the total programmed inspections; Category 4 – ~30% of the total programmed inspections.
Are there any Exemptions? The following facilities are exempt from the inspections: Employers that employ 10 or fewer employees currently and at all times during the last 12 months and the lost workday case rate for its primary NAICS work activity is below the all-industry national average Farms with 10 or fewer employees and no Temporary Labor Camp activity within 12 months. Non-farm Employers with 10 or fewer employees in a NAICS Code Listed in Appendix A https:/ / www.osha.gov/ pls/ oshaweb/ owadisp.show_document? p_table=DI RECTIVES &p_id=1519#APP A VPP and S HARP sites are not subj ect to programmed inspections while they are in the program; however, they are subj ect to unprogrammed PS M related inspections
How Will OS HA Perform the Inspection? Opening Conference OS HA will verify PS M Applicability OS HA will verify whether the facility is exempt OS HA will request program documentation PS M Overview (briefing on PS M components, responsible personnel, compliance records, and description of the PS M program) OS HA will perform an Initial Walk Around OS HA will select a PS M covered process to evaluate OS HA will inspect contractors and temporary workers OS HA may recommend citations for violations of other OS HA standards OS HA will issue any citations
OS HA Penalties OS HA considers any violation of the PS M standard is a condition that is likely to cause death or serious physical harm. Violations of the PS M standard should not normally be classified as “ other- than-serious.” Maximum Penalty is $12,675 per violation Failure to Abate is $12,471 per day beyond the abatement date Willful or Repeat Violations are $124,709 per violation
Past Refinery and Chem NEP Most Frequent Citations
2009 Refinery NEP Most Frequent Citations Element Description Number of Percent of PS M Citations Citations j Mechanical Integrity 198 19.50% d Process S afety Information 177 17.40% f Operating Procedures 174 17.10% e Process Hazard Analysis 168 16.50% l Management of Change 92 9.00% m Incident Investigation 68 6.70% h Contractors 44 4.30% o Compliance Audits 41 4.00% g Training 29 2.90% n Emergency Planning & Response 14 1.40% c Employee Participation 12 1.20%
2009 Refinery NEP Most Frequent Citations Number of S ub-element Description Citations 119(d)(3)(ii) Compliance w/ RAGAGEP 71 119(j )(5) Correction of deficiencies 63 119(e)(5) PHA findings not addressed 52 119(l)(1) MOC not established/ implemented 39 119(d)(3)(i)(B) P&IDs missing / incorrect 37 119(j )(2) No written Mechanical Integrity procedures 38 119(e)(3)(v) PHA facility siting 29 119(f)(4) S afe work practices not established 29 119(j )(4)(iii) Inspections and tests frequency 25 119(j )(4)(i) Inspections and tests not performed 24 119(d)(3)(i)(D) Relief system design & design basis 24 119(f)(1)(i)(D) Emergency shutdown in Operating Procedures 24
2011 Chem NEP Most Frequent Citations Element Description Percent of PS M Citations j Mechanical Integrity 23.20% d Process S afety Information 20.90% e Process Hazard Analysis 15.80% f Operating Procedures 14.00% l Management of Change 5.50% o Compliance Audits 4.50% g Training 3.80% h Contractors 3.40% c Employee participation 2.80% m Incident Investigation 2.60% n Emergency Planning & Response 1.80% i Pre-startup Review 1.10% k Hot Work 0.60%
2011 Chem NEP Most Frequent Citations S ub- Element Description Percent of All Citations 119(d)(3)(ii) PS I RAGAGEP 7.00% 119(j )(2) MI written procedures 6.70% 119(j )(5) MI equipment deficiencies 3.70% 119(l)(1) Management of Change dev & imp 3.70% 119(j )(4)(i) MI Inspections and testing performance 3.60% 119(e)(5) PHA findings & recommendations 3.50% 119(d)(3)(i)(B) PS I P&IDs 3.40% 119(o)(1) Compliance Audits performed / certified 3.00% 119(j )(4)(iii) MI Inspections and tests frequency 2.70% 119(e)(3)(i) PHA Hazards of the Process 2.50% 119(e)(1) PHAs performance 2.20% 119(f)(1) Operating Procedures Developed & Implementation 2.20% 119(f)(3) Operating Procedures annually certified 2.20%
Risk Management Programs Presented by Cindy Bishop and Lori S iegelman
Risk Management Programs Where are the rules? 40 CFR Part 68 Guidance: https:/ / www.epa.gov/ rmp/ guidance- facilities-risk-management-programs-rmp
The Proposed Revisions Executive Order 13650 Changes Published in 82 FR 4594 (1/ 13/ 17) To Be Effective 3/ 14/ 17 Postponed to 6/ 19/ 17 Most Likely Postponed Until 2/ 19/ 19 Written comments due by 5/ 19/ 17
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