This is not meant to be a trick question, but many think it is. A close examination of the specific wording in the PHA element of the RMP rule will quickly identify DIFFERENT wording than what is in OSHA’s PSM std (just another example of how these standards are NOT identical!).
Here is the regulatory language (with the emphsis put in by me)
ยง 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.
EPA’s RMP Q&A states the following regarding the above regulatory language:
Q. The risk management program regulations require that an initial process hazard analysis (PHA) for each Program 3 process be completed no later than June 21, 1999 (or by the time the process first has more than a threshold quantity of a regulated substance, if that occurs after June 21, 1999) and updated at least once every five years. Does a PHA that was conducted for purposes of compliance with OSHA’s Process Safety Management (PSM) standard satisfy EPA’s PHA requirement for Program 3 processes? Would an OSHA PHA have to be revalidated before June 21, 1999 (or by the time the process is first subject to part 68) to address possible offsite impacts and qualify as the initial risk management program PHA?
A.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 (the 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 should consider offsite impacts. Any initial PHA performed after May 26, 1997 must consider offsite impacts in order for it to satisfy EPA’s requirements.
(emphasis added by me)
CLICK HERE to see the above Q&A first hand from EPA’s RMP Q&A