A deeper look into OSHA’s PSM vs. EPA RMP

Tried to summarize some of the key differences between EPA’s Risk Management Plan and OSHA’s PSM requirements and even threw in some CFATS info.  Let’s start with EPA’s most recent numbers for a breakdown of the RMP Sites as of 2018 …

Program 1 (642 facilities) – Processes that would not affect the public in the event of a worst-case release & no accidents with offsite consequences in the last 5 years

Program 2 (1,272 facilities) – Processes not eligible for Program 1, not subject to Program 3

Program 3 (10,628 facilities) – Processes subject to OSHA’s PSM or in one of 10 specified NAICS codes (see “Additional Information” section slide 69 for specific NAICS codes)

TOTAL:  12,542

There are several differences between the PSM and RMP which were designed to accommodate different statutory requirements and ensure the protection of the community and environment from chemical accidents. 

List & threshold differences:

• RMP list (40 CFR Part 68.130) covers 27 toxic chemicals NOT listed in PSM
• PSM list (29 CFR Part 1910.119) covers 76 toxic & reactive chemicals NOT listed in RMP
• PSM covers ALL flammable substances and RMP covers only 67 flammable substances
• RMP TQs ≥ PSM TQs

Additional RMP requirements not contained in PSM

• Management system (40 CFR section 68.15)
  • Applies to Program 2 and 3 processes
  • Assign a qualified person or position to be responsible for the development, implementation, and integration of risk management program elements
• Hazard assessment
  • Offsite consequence analysis: Hypothetical worst-case and alternative release scenario
  • Five-year accident history: Document accidental releases from covered processes that resulted in deaths, injuries, significant property damage, environmental damage, evacuations or sheltering-in-place
• Prepare and submit RMP to EPA
  • RMP must be updated at least every 5 years or when specified changes occur
• PSM has no program levels or tiers – any process subject to the standard is subject to all of its requirements.

PSM vs RMP prevention programs

DHS’s CFATS relationship to RMP

There are several areas of the RMP requirements and methodology which were used in the development of the CFATS requirements:

• CFATS Top-Screen process uses an adaptation of RMP modeling criteria to determine off-site release distances for RMP chemicals
• CFATS Top-Screen collects some RMP data elements from RMP facilities required to submit Top-Screen data
• Several RMP exemptions are replicated in or adapted to CFATS regulations
• Naturally occurring hydrocarbon mixtures, transportation, laboratories, etc.
• Some commonalities between CFATS risk-based performance standards (RBPS) and RMP requirements:
  • RBPS 3 – Screen & Control Access
  • RBPS 9 – Response
  • RBPS 11 – Training
  • RBPS 17 – Officials and Organization

CAA Section 112(r)(3) – Listing Criteria

List at least 100 substances known to cause death, injury, or serious adverse effects to human health or the environment if accidentally released

Required EPA to use, but not be limited by, EPCRA EHS list, with appropriate modifications

16 specific substances mandated by statute

1. Chlorine
2. Anhydrous ammonia
3. Methyl chloride
4. Ethylene oxide
5. Vinyl chloride
6. Methyl isocyanate
7. Hydrogen cyanide
8. Ammonia
9. Hydrogen sulfide
10. Toluene diisocyanate
11. Phosgene
12. Bromine
13. Anhydrous hydrogen chloride
14. Hydrogen fluoride
15. Anhydrous sulfur dioxide
16. Sulfur trioxide

Listing Criteria

• Severity of acute adverse health effects
• Likelihood of accidental releases
• The potential magnitude of human exposure

• 77 toxic & 63 flammable substances listed based on:
  • Toxicity:
    • Inhalation LC50 ≤ 0.5 mg/L air
    • Dermal LD50 ≤ 50 mg/kg body weight
    • Oral LD50 ≤ 25 mg/kg body weight
  • Ambient physical state:
    • Gas
    • Liquid with vapor pressure > 10 mm Hg
  • Flammability:
    • NFPA 4 flammability (Flashpoint < 73F, Boiling point < 100F)
  • Production volume & accident history