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Regulatory and Safety
Services:
We perform private consulting
in a number of regulatory and safety areas. We help with both OSHA and EPA
regulations, as well as select USDA, FDA and Illinois Department of Agriculture
regs.
OSHA PSM & EPA RMP
Compliance Services For Ammonia Refrigeration Systems: our specialty
It is our mission to keep your workplace safe and your environment clean, and to
stay in compliance with Federal and State regulations.
Some of the regulations we can
effectively address for you are:
- PSM. Process
Safety Management of Highly Hazardous Chemicals (OSHA 29 CFR Part
1910.119). Remember that even if you have quantities below threshold values, you are
still required to follow the General Duty Clause.
- RMP. Risk
Management Planning (Section 112(r) of the Clean Air Act; EPA 40 CFR Part
68). The deadline for submittal to the EPA was June 21, 1999 and
should have been re-submitted June 2004. Be reminded
that the fine for non-compliance is $27,500 per day! Contact us immediately if you
have greater than 10,000 lbs of any of a number of chemicals (e.g.,
anhydrous ammonia) that could trigger
compliance with this regulation or PSM. Even if you are in the food business, the
anhydrous ammonia in your refrigeration system requires you to be in compliance.
This can be for as little as 500 pounds for certain regulations (SARA Title
III, see next). And remember, periodic audits
are mandatory!!! Click here for this section on our regulatory page.
- SARA Title III.
This regulation (Emergency Planning and Community Right to Know Act, or EPCRA)
requires a number of different filings with government agencies. This
is the post-9/11 era. You can't make believe security issues will go
away. The Federal and State governments REQUIRE that you register all
chemicals at your facility with only a few exceptions. Unless you are
a chemist (and sometimes if you are!), you will undoubtedly miss some
chemicals at your facility and place your firm in financial jeopardy.
Also, the presence of many chemicals in your products must be
reported. Other issues also exist. For example, even
if you don't produce or consume a single pound of chemicals at your facility,
"otherwise use" above a certain level will trigger the need for compliance with
Section 313 (Toxic Release Inventory, or TRI). The submittal of a Form R will then
be required. Click here for this section
on our regulatory page.
- SWPPP. Storm
Water Pollution Prevention Plans. If you move chemicals or food at your
facility (even deliveries and shipping), kick up dust (have a gravel road?), or contemplate some earth moving as part of
a construction project at your facility, you must have a plan to prevent pollutants of
any kind from getting into the storm drains, rivers and lakes. Click
here for this section on our regulatory web page.
- RCRA.
Resource Conservation and Recovery Act. If you don't produce waste of
any kind you may not need to be concerned with RCRA. However, if you produce any
waste, period, it is a good idea to know how RCRA affects you and how to stay in
compliance. Click here for this
section on our regulatory web page.
- Audits. We have significant experience in helping customers
that are being investigated by OSHA, EPA and FDA auditors. We specialize in auditing the
auditors. We will help you develop strategies for compliance. Let us audit
your system before the authorities do!
- PCBs... Polychlorinated biphenyls... especially if you have a PCB-containing transformer on
site. We can help with project management, emergency plans and decommissioning.
PROCESS SAFETY MANAGEMENT OF
HIGHLY HAZARDOUS CHEMICALS
INTRODUCTION
We perform private industrial consulting in the regulatory area. We do
not hand the customer a canned package of paper, but formulate customized procedures and
plans to help them maintain a safe and trouble-free operation, decrease down-time,
maintain product quality and keep in compliance with the federal regulations.
Or, you can purchase commercially available compliance software and we
can help you understand it and complete it. One area in which we have considerable experience in keeping our customers in
compliance is "Process Safety Management (PSM) of Highly Hazardous Chemicals
(HHC's)", Standard, 29 CFR 1910.119. Since this is an OSHA (Occupational Health
and Safety Administration) regulation, its purpose is to create a safe and healthful working
environment. Regulations relating to the protection of the environment outside of your boundary line
are up
to the EPA. Please refer to our Risk Management Planning section
for the EPA parallel to this regulation.
WHY BOTHER COMPLYING????
Much of PSM was derived from good work practices. It is simply good business to have
your equipment maintained properly. It is good business practice to know how to
safely, and methodically, open up your process equipment in such a way that it is both
safe and efficient. It is good business practice to place a barrier next to the pipe
with the caustic material that the fork lift grazes once a month, BEFORE you have a
catastrophic spill.
It is good business practice to know how to get your employees out of harm's way
before an "event" does occur.
Also, how about a desire not to transfer money from your firm to the government?
If you haven't completed your PSM or RMP, you need to get moving
IMMEDIATELY. Note that EPA fines can run $27,500 PER DAY OF
NON-COMPLIANCE.
Believe it or not, one company we know of made the comment "what if I don't work
on this PSM and RMP stuff? How will the government ever find out?" Sorry,
but compliance with Government regs is not like speeding. Your can't buy a radar
detector to help you avoid getting caught. If OSHA enters your place of business
based upon a complaint made by one of your workers on a totally unrelated matter, one of
the first things they will ask is "Let's see your PSM program." It is a
matter of Public Record that one company was recently fined $724,000 for
non-compliance!
Another company we know, a meat packer, had an ammonia leak that ruined all of their
product. Irrespective of the regulations, their loss was great enough to put them
out of business.
It is not good business practice to save money on maintenance and safety if you
fall outside of the regulatory limits or have down-time related to equipment
failures.
THE PSM REGULATION
The PSM regulation is intended to prevent or minimize the consequences of a catastrophic
release of toxic, reactive, flammable or explosive HHC's from a process. A process is any
activity or combination of activities including any use, storage, manufacturing, handling
or the on-site movement of HHC's. A process includes any group of vessels which are
interconnected and separate vessels which are located such that a HHC could be involved in
a potential release.
APPLICATION
The PSM standard applies to a process which contains a threshold quantity or greater
amount of a toxic or reactive HHC as specified in the regulation. It also applies to
10,000 pounds or greater amounts of flammable liquids and gases and to the process
activity of manufacturing explosives and pyrotechnics.
EXCEPTIONS
The standard does not apply to retail facilities, normally unoccupied remote facilities
and oil or gas well drilling or servicing activities. Hydrocarbon fuels used solely for
work place consumption as a fuel are not covered, if such fuels are not part of a process
containing another HHC covered by the standard. Atmospheric tank storage and associated
transfer of flammable liquids which are kept below their normal boiling point without
benefit of chilling or refrigeration are not covered by the PSM standard unless the
atmospheric tank is connected to a process or is sited in close proximity to a covered
process such that an incident in a covered process could involve the atmospheric tank.
PROCESS SAFETY INFORMATION
This section requires compilation of written process safety information (PSI) including
hazard information on HHC's, technology information and equipment information on covered
processes. For example, you will need complete and updated P&IDs for your entire
process.
EMPLOYEE INVOLVEMENT
This section requires involvement of employees from all levels. A canned
batch of papers that will sit on a shelf is not acceptable. Requirements
include developing a written plan of action regarding employee participation; consulting
with employees and their representatives on the conduct and development of process hazard
analyses and on the development of other elements of process safety management required
under the rule; providing to employees and their representatives access to process hazard
analyses and to all other information required to be developed under the rule. Employees
include work site and contractor employees.
PROCESS HAZARD ANALYSIS
Specifies that process hazard analyses (PHA's) must be conducted as soon as possible for
each covered process using compiled PSI in an order based on a set of required
considerations. At least twenty-five percent of initial process hazard analyses had to be
completed by May 26, 1994; 50 percent by May 26, 1995; 75 percent by May 26, 1996; and 100
percent by May 26, 1997. Process hazard analyses must be updated and revalidated at least
every five years and must be retained for the life of the process.
OPERATING PROCEDURES
This can be a major event. The procedures must be precise and unambiguous.
They must be in writing and provide clear instructions for safely conducting activities
involving your covered process consistent with PSI; must include steps for each operating
phase, operating limits, safety and health considerations and safety systems and their
functions; be readily accessible to employees who work on or maintain a covered process,
and be reviewed as often as necessary to assure they reflect current operating practice;
and must implement safe work practices to provide for special circumstances such as
lockout/tagout and confined space entry.
The employing company is responsible for the permits and policies even if
contractors perform all of the work on site. The areas addressed must include:
- Opening process equipment
- Control over entrance
- Confined space entry
- Lockout/tagout
- Hot work permitting
TRAINING
Employees operating a process that is covered by the PSM regulation must be trained in the
overview of the process and in the operating procedures addressed previously. This
training must emphasize specific safety and health hazards, emergency operations and safe
work practices. Initial training must occur before assignment or employers may certify
that employees involved in the process as of May 26, 1992, have required knowledge, skills
and abilities. Documented refresher training is required at least every three years.
CONTRACTORS
From the point of view of OSHA, you have to treat your contractors like they were your
employees concerning any aspect needed to ensure their safety and heath. This
section identifies responsibilities of the work site employer (you) and contract employers
(the company you hire) with respect to contract employees (the people who work for the
contractor) involved in maintenance, repair, turnaround, major renovation or specialty
work, on or near your facility's process(es). Contract employers are required to train
their employees to safely perform their jobs, and document that employees received and
understood training, and assure that contract employees know about potential process
hazards and the work site employer's emergency action plan, assure that employees follow
safety rules of the facility, and advise the work site employer of hazards the contract
work itself poses, or hazards identified by contract employees.
PRE-STARTUP SAFETY REVIEW
This section mandates a safety review for new facilities and significantly modified work
sites. This is in order
- to confirm that the construction and equipment of a process are in
accordance with design specifications,
- to assure that adequate safety, operating, maintenance and emergency
procedures are in place,
- to assure process operator training has been completed.
Also, for new facilities, the PHA must be performed and recommendations resolved and
implemented before start up. Modified facilities must meet management of change
requirement.
MECHANICAL INTEGRITY
Requires the on-site employer to establish and implement written procedures for the
ongoing integrity of process equipment, particularly those components which contain and
control a covered process.
HOT WORK
Hot work permits must be issued for hot work operations conducted on or near a covered
process.
MANAGEMENT OF CHANGE
The work site employer must establish and implement written procedures to manage changes
except "replacements in kind" to facilities that effect a covered process. The
standard requires the work site employer and contract employers to inform and train their
affected employees on the changes prior to start-up. Process safety information and
operating procedures must be updated as necessary.
INCIDENT INVESTIGATION
Requires employers to investigate as soon as possible (but no later than 48 hours after)
incidents which did result or could reasonably have resulted in catastrophic releases of
covered chemicals. The standard calls for an investigation team, including at least one
person knowledgeable in the process involved, (a contract employee when the incident
involved contract work) and others with knowledge and experience to investigate and
analyze the incident, and to develop a written report on the incident. Reports must be
retained for five years.
EMERGENCY PLANNING AND RESPONSE
You must know the difference between and emergency action plan and an emergency response
plan. We help companies to develop and implement an emergency action plan. The
emergency action plan must include procedures for handling small releases.
This is a rather important requirement. All companies with toxic chemicals on
site above certain quantities must have a specific emergency action plan. We will supply
you with a customized plan relating to the chemicals on your site. We include evacuation
and emergency escape procedures, the duties of supervisory and security personnel,
procedures for maintenance personnel, and emergency incident notification instructions.
COMPLIANCE AUDITS
This section calls for employers to certify that they have evaluated compliance with
process safety requirements at least every three years. Prompt response to audit findings
and documentation that deficiencies are corrected is required. Employers must retain the
two most recent audit reports.
TRADE SECRETS
This section sets requirements similar to trade secret provisions of the 1910.1200 Hazard
Communication standard requiring information required by the PSM standard to be available
to employees (and employees representatives). Employers may enter into confidentiality
agreement with employees to prevent disclosure of trade secrets.
SOME APPLICATIONS
Ammonia Refrigeration
As mentioned above, Anhydrous ammonia and ammonia
refrigeration safety (including PSM & RMP) is another specialty of ours.
We are headquartered in the Chicago, Illinois area, where a significant amount of food is
processed. Many of our customers are in the meat processing business while others
are commercial vegetable processors, bakeries and cold storage warehouses. A major way
these customers are tied together is by the need to keep their products safe and healthy
through refrigeration. For large commercial businesses that means just one thing: anhydrous
ammonia refrigeration units. These can be quite large, containing upwards of
30,000 pounds of anhydrous ammonia (NH3). Since one must treat anhydrous
ammonia with respect, careful attention is paid to keeping the process safe as well as to
the consequences of release. Any business with over 10,000 lbs of must comply with
the PSM reg. We have helped numerous commercial clients in these industries comply
with every aspect of PSM (Process Safety Management) and RMP (Risk Management Planning).
RISK MANAGEMENT PLANNING
Risk Management Planning, or RMP, is an EPA regulation promulgated from (based upon and
derived from) Section 112r of the Clean Air Act. In most cases you have to do
everything that is in OSHA's PSM program, plus a number of other items. The point of
the regulation is to keep your system sufficiently safe as to minimize off-site
consequences. What is critical for you to know is that, even if you have less than
the regulatory limit of a particular compound, extremely hazardous substance in the
parlance of the EPA, you MUST still comply with the General Duty Clause. See
next. You must also be aware of new laws that now requires
public disclosure of a summary of your "worst case scenario", that is, expected
environmental impact if a catastrophic release occurred, no matter how unlikely.
GENERAL DUTY CLAUSE
The EPA has stated (we paraphrase here) that it is the objective of the regulations and
programs to prevent the accidental release and to minimize the consequences of the release
of certain extremely hazardous substances as well as the potentially
hazardous substance that may or may not appear on various lists. The owners and operators
of facilities producing, processing, handling or storing such substances have a general
duty in the same manner and to the same extent as section 654, title 29
of the United States Code, to identify hazards which may result from such releases using
appropriate hazard assessment techniques, to design and maintain a safe facility taking
such steps as are necessary to prevent releases, and to minimize the consequences of
accidental releases which do occur.
Bottom line: do not wait for a release before you realize your facility
falls under this regulation.
SARA Title III
This is Title III of the Superfund Amendments and Reauthorization Act,
also known as EPCRA, the Emergency Planning and Community Right
to Know Act. The regulations can be quite stringent for certain chemicals
that you may have on site. Do you know all the governmental agencies and other
parties that you must file with, or must call immediately when there is even a possibility
of release, in order to avoid being out of compliance? A filing with a number of
agencies is absolutely required for rather modest quantities. Just 500 lbs of
certain chemicals, such as anhydrous ammonia, bromine, or formaldehyde will trigger
Section 302 of this regulation and, if only 100 pounds is released to the environment,
Section 304. You must also file what is known as a Tier II if certain
quantities are present on your site. The papers you must file vary from State to
State. We have all of the expertise and required forms to help you get through this
formidable maze of regulations.
Toxic release inventory (Section 313 and the notorious form "R"). Be
aware that even a chemical that might not be consumed in your process, or end up in a
product, can come under this regulation. For example, any expansion of a
refrigeration unit requiring 10,000 lbs or more of additional ammonia will trigger this
regulation, even though the ammonia is continuously recycled in a closed loop physical
(not chemical) process. Plus, for reporting year 1999 the regulations have been somewhat
modified. You must understand many nuances of this regulation to know which form to
file, or whether you must file at all.
STORM WATER POLLUTION PREVENTION PLAN (SWPPP)
A SWPPP is an important component of your environmental package. It is designed at both
the Federal and State levels to keep our waterways free of polluting chemicals and other
materials. In addition to obvious chemicals such as diesel oil, even such seemingly
benign materials such as cornstarch, wheat flour, sugar, salt and vinegar can have a
serious negative impact on our wetlands and waterways and are covered by this
regulation. Any industry with activities that can impact storm water
runoff must have a SWPPP. Your plan should include use of BMPs (Best
Management Practices). If you have a construction project, you may need a SWPPP to
prevent dust and eroded soils from gaining access to your storm sewers, lakes and
rivers.
RESOURCE
CONSERVATION AND
RECOVERY ACT (RCRA)
Does your business produce a solid or liquid material that is no longer
used? If you do, you generate waste. How about leaky old fluorescent light
ballasts? The EPA defines waste as hazardous if it has certain properties that the
EPA feels could pose dangers to human health and the environment after it is
discarded. What properties are these? The EPA considers a waste to be
hazardous if it possess certain characteristics (ignitability, corrosivity, reactivity, or
toxicity) or if it is on a list of specific wastes determined by the EPA to
hazardous. Let us help you stay in compliance by understanding, among other things,
what can be stored at your facility and for how long.
AUDITS
We have significant experience of reviewing your safety plans and auditing
the auditors. By this we mean we work as your agent to help you revise your safety
and compliance documents either before or after private, municipal, state and federal
audits. We also file self-disclosure documents with the EPA to help you minimize the
effects of non-compliance.
This page will be updated periodically. Come back often to view updates and
improvements.
LICENSES/CERTIFICATIONS/RECENT COURSES:
- HAZWOPPER Training (40 hour Hazardous Waste Operations Management Training and 8
hour annual refreshers), 1991 to Current... 2008
- EPCRA Section 313 /TRI (Toxic Release Inventory) Training Workshop,
2000
- Emergency Notification Release Reporting Training,
EPCRA 304; CERCLA 103 (US EPA Region 5), 1999
- Risk Management Program Assistance (IEMA), 1999
- Basic Ammonia Refrigeration, 1998
- Statistical Design of Experiments, 1996
- Scorecard training, 1996
- Sales Training Workshop, 1995
- Customer Linked Commercialization, 1995
- Total Quality Speed, 1994
- Total Quality Leadership, 1992
Contact us
by E mail at: defilip1@flash.net
or by phone at 1-847-925-8524
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Most recent page update: 11/06/08 |
