Absolutely it can, and allow me to explain how. We start our Risk Management Plan (RMP) program(s) level assessment with Program 1, then if our process(s) does not qualify for Program 1 we ask ourselves if our process(s) would be a Program 3, and then if the process does NOT qualify for Program 1 or 3, then our process(s) will fall into Program 2 by default. So we look at Program 1 first, then Program 3 and if neither fit then we are Program 2 by “default”. But somewhere a nasty rumor got started and many facilities began to believe that if the process was already covered under OSHA’s Process Safety Management standard there was no need to perform this Program Level Assessment and that the process would automatically be a RMP Program 3 process – this just is NOT how it works.
If our process qualifies for Program 1, then PSM coverage, nor the NAICS #’s, does NOT matter! Once the process qualifies for Program 1 we do not continue with the Program Level assessment; ONLY when the process does not qualify for Program 1 do we move to Program 3 assessment. This is actually very clear in how 68.10 Applicability which says a process can be a Program 1 RMP if it meets all of the following requirements:
- For the five (5) years prior to the submission of the RMP, the process has NOT had an accidental release of a regulated substance where exposure to the substance, its reaction products, overpressure generated by an explosion involving the substance, or radiant heat generated by a fire involving the substance led to any of the following offsite: Death; Injury; or Response or restoration activities for an exposure of an environmental receptor; AND
- The distance to a toxic or flammable endpoint for a worst-case release assessment conducted under subpart B and §68.25 is less than the distance to any public receptor, as defined in §68.30; AND
- Emergency response procedures have been coordinated between the stationary source and local emergency planning and response organizations.
So if our “process” (not the entire facility!) can meet BOTH #1 and #2 above AND the facility has coordinated emergency response plans with the local responders, the process is eligible for PROGRAM 1. We stop our assessment at this point – no need to consider Program 3 or 2!
Here is a nice EPA provided Flow Chart explaining how processes qualify for the three (3) programs…
If the flow chart and the actual standard are not enough to convince you, here is some more discussion from EPA: (emphasis added by me)
KEY POINTS TO REMEM BER
In determining program level(s) for your process(es), keep in mind the following:
(1) Each process is assigned to a program level, which indicates the risk management measures necessary to comply with this regulation for that
process, not the facility as a whole. The eligibility of one process for a program level does not influence the eligibility of other covered processes
for other program levels.
(2) Any process that meets the criteria for Program 1 can be assigned to Program 1, even if it is subject to OSHA PSM or is in one of the NAICS codes listed for Program 3.
(3) Program 2 is the default program level. There are no “standard criteria” for Program 2. Any process that does not meet the applicability criteria for
either Programs 1 or 3 is subject to the requirements for Program 2.
(4) Only one Program level can apply to a process. If a process consists of multiple production or operating units or storage vessels, the highest
Program level that applies to any segment of the process applies to all parts.
Here is one of EPA’s Q&A on RMP Program Levels (emphasis added by me)
Q. If my state administers the OSHA program under a delegation from the federal OSHA, does that mean that my processes that are subject to OSHA PSM under the state rules are in Program 3?
A. Yes, as long as the process does NOT qualify for Program 1. Any process subject to PSM, under federal or state rules, is considered to be in Program 3 unless it qualifies for Program 1.
For those wish to read this directly from the EPA’s CHAPTER 2: APPLICABILITY OF PROGRAM LEVELS
I offer this information in the hopes that facilities can better understand how their process should be assessed so as to assure that the process is placed into the correct RMP Program. Over the past two years I have come across more than a dozen RMPs that incorrectly placed the process into Program 3 and every one of these were due to the fact the process was also a PSM covered process. From a process safety perspective I like this as it helps drive process safety; however, several of my discoveries came during an EPA inspection with a client and the fact that the process was incorrectly assigned to Program 3 resulted in several high dollar citations. Once we explained to EPA (State and Federal) that the process was actually eligible for Program 1 and that we would be making a “correction” to reflect this, ALL of the citations went away as none were applicable to a Program 1.