On December 14, 2023, OSHA published its revised Compliance Directive for Process Safety Management standard 1910.119, effective January 26, 2024. This new version is in Q7A format and was done nicely, although there are a number of things in the answers that I am sure will be challenged. I have highlighted some of the interesting (albeit I believe the correct answer).
For example, QA-31 deals with the use of Hydrogen in Forklift fueling systems (a popular climate change move for clean energy). The question is:
Does hydrogen used as a fuel for powered industrial trucks qualify for the hydrocarbon fuels exemption?
The answer may surprise some folks… Hydrogen is NOT a hydrocarbon and therefore is NOT eligible for the “fuel exemption”.
BTW, H2 weighs 0.6 pounds per gallon, so a process holding 16,666 gallons of Cryogenic H2 would be a PSM-covered process.
And the BIGGEST SHOCK AWARD goes to QA-37 regarding flammable liquids in atmospheric storage tanks! The question is:
Are flammable liquids which are kept below their normal boiling point without benefit of chilling or refrigeration that are stored in or transferred to atmospheric tanks counted toward the 10,000 pounds TQ for a flammable liquid?
No. Flammable liquids which are stored in or transferred to atmospheric tanks are not used to determine if a process contains a TQ of a flammable liquid. However, if a process other than storage or transfer is occurring, the flammable liquids would not be exempt from counting towards the TQ.
Runner-Up for “Knock my Socks off” question goes to QA-39, regarding N2 blanketing over 0.5 psig:
Does storing a flammable liquid under a dry nitrogen pressure of 8-10 psig negate the atmospheric storage exemption?
Yes. Tanks containing flammable liquids that operate at pressures exceeding 0.5 psig are not atmospheric tanks by the definition of atmospheric tank in the PSM. Therefore, the storage of the TQ of flammable liquids above 0.5 psig is a PSM-covered process.
Also, in this newest revision, OSHA cancels the OSHA Instruction CPL 02-02-045A (REVISED) and provides enforcement policy concerning applying occupational safety and health standards in facilities with PSM-covered processes. Significant modifications in this instruction include:
- Removal of the Appendix A PQV Audit Checklist in the OSHA Instruction CPL 02-02-045A (REVISED)
- Incorporation of existing OSHA PSM enforcement policies into a question-and-answer format
PSM Questions and Responses
OSHA promulgated the PSM standard in 1992 in response to the numerous catastrophic chemical manufacturing incidents that occurred worldwide. These incidents stimulated broad recognition that handling highly hazardous chemicals (HHC), flammables, and explosives could lead to incidents that may occur infrequently but, due to their catastrophic nature, often result in multiple injuries and fatalities. Since the promulgation of the standard, numerous questions have been submitted and compliance guidance provided to industry on the application of the standard.
Below is a compilation of questions, references to applicable Letters of Interpretation (LoIs) or standard interpretations addressing the question, and current OSHA compliance guidance. The below is formatted as a question and response, with some questions having a scenario preceding it to provide context for the question and response.
1910.119(a) – Application
QA-01: Must employers register their PSM-covered facilities with OSHA?
Response: No. Facilities covered by the PSM standard are not required to register with or otherwise notify OSHA.
QA-02: If the PSM standard applies to a process, does an employer have to comply with all provisions of the standard?
Response: Yes. When the PSM standard applies, the employer must comply with all provisions of the standard.
To ensure compliance with PSM, OSHA requires an employer to perform a compliance audit at least every three years in accordance with Section 1910.119(o). Further, OSHA provides employers with compliance assistance on its website (http://www.osha.gov) related to OSHA’s Safety and Health Topics. This information includes the PSM standard, PSM compliance directives, and all applicable letters of interpretation. Further, Section 1910.119 Appendix C, Compliance Guidelines and Recommendations for Process Safety Management (Nonmandatory) is a good tool for employers to obtain background information on the standard. This document is also available on our website along with other resources under Process Safety Management under Safety and Health Topics (https://www.osha.gov/process-safety-management).
QA-03: Is the likelihood of a release exceeding the TQ required for the PSM standard to apply?
Response: No. The likelihood of a release does not determine PSM applicability. The quantity of HHC in the process is used to determine PSM applicability. Additionally, the manufacturing of explosives in any amount is covered by the PSM standard.
Crook LoI 05/14/2014, Goodman LoI 08/15/1995, and Mannan LoI 05/25/1994
QA-04: Is OSHA’s publication OSHA 3909-03 2017, Process Safety Management for Storage Facilities, a guidance document and not part of the requirements of the PSM standard, Section 1910.119?
Response: Yes. Process Safety Management for Storage Facilities (OSHA 3909-03 2017), is a guidance document and not part of the PSM standard. However, the guidance document does include information on the mandatory requirements of various OSHA standards and how they apply to storage facilities.
QA-05: Is the quantity of a specific HHC aggregated over a period used to determine if the amount exceeds the TQ in a PSM-covered process?
Response: No. The PSM standard applies if, at any single point in time, a process contains equal to or greater than a TQ of a HHC. If the employer intends for the process to not be covered by the PSM standard, they must be prepared to demonstrate to OSHA that a TQ or greater of a HHC is not in the process at any time.
Anicello LoI 02/15/1994, and Kunst LoI 07/18/1994
1910.119(a)(1)(i) – Threshold Quantities
QA-06: When determining whether a process contains a TQ for those HHCs listed in Appendix A that do not have a listed concentration, do the quantities of the HHC that are part of the solution or mixture count toward the TQ?
Response: Yes. For these HHCs, when an employer is determining whether a process involves a chemical (whether pure or in a mixture) at or above the specified TQ listed in Appendix A, the employer shall perform the One Percent Test as follows:
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For chemicals with concentrations listed in Appendix A, determine the total weight of any chemical in the process that meets or exceeds the listed concentration.
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For chemicals with no concentrations listed in Appendix A, determine the total weight of any chemical in the process at a concentration of one percent or greater. However, the employer does not need to include the weight of the chemicals in any portion of the process in which the partial pressure of the chemical in the vapor space under handling or storage conditions is less than 10 millimeters of mercury (mm Hg). The employer shall document this partial pressure To calculate this, the employer measures the vapor space partial pressure of the HHC vapor at an ambient pressure of 14.7 psia (760 mmHg) and determines, through analysis, that HHC makes up a certain mole % of the vapor.
In determining the weight of a chemical present in a mixture, only the weight of the chemical itself (i.e., solvent or other non-HHC solute(s) are excluded from the calculation) is used in the calculation.
Example:
If a process involves a 2000-pound mixture of 50% chloropicrin by weight in a solvent, the following formula can be used to determine the weight of chemical to establish PSM coverage:
Weight x [concentration] = amount of HHC 2,000 pounds x 50% = 1,000 pounds chloropicrin
1,000 pounds exceeds the 500-pound TQ in Appendix A. See SQ&R A-06 in Appendix A for additional examples.
Regional Administrators LoI 07/18/2016
QA-07: Does the PSM standard apply to aqueous solutions of HHCs listed in Appendix A as anhydrous? For example, is muriatic (32% HCl) acid PSM covered?
Response: No. The hydrochloric acid in Appendix A of the PSM standard is designated as “anhydrous.” Anhydrous means “containing no water” or “without water.” Therefore, Appendix A does not cover aqueous solutions or aqueous mixtures of chemicals specifically listed as “anhydrous.” Hydrogen chloride is also listed in Appendix A with the same CAS Number (7647-01-0) and TQ (5000 pounds). OSHA’s letters of interpretation (LoI) state that anhydrous hydrochloric acid and hydrogen chloride are the same substance.
An aqueous solution of hydrochloric acid (i.e., muriatic acid) is not listed in Appendix A, and it is not PSM covered. In addition, OSHA has interpreted Appendix A to mean that the PSM standard does not cover Hydrogen Fluoride (CAS 7664-39-3) in aqueous solutions or aqueous mixtures although not specifically designated as “anhydrous”.
The following entries in Appendix A are not covered when in aqueous solutions or aqueous mixtures except ammonia solutions greater than 44% by weight:
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Ammonia, Anhydrous (CAS 7664-41-7);
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Dimethylamine, Anhydrous (CAS 124-40-3);
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Hydrogen Cyanide, Anhydrous (CAS 74-90-8);
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Methylamine, Anhydrous (CAS 74-89-5);
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Hydrochloric Acid, Anhydrous/ Hydrogen Chloride (CAS 7647-01-0); and
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Hydrofluoric Acid, Anhydrous/ Hydrogen Fluoride (CAS 7664-39-3).
In such cases, the listing in Appendix A covers only the anhydrous form of the chemical.
For more information see OSHA’s enforcement policy memorandum, Process Safety Management of Highly Hazardous Chemicals and Covered Concentrations of Listed Appendix A Chemicals issued on July 18, 2016.
Grumbles LoI 03/25/1992, Lancour LoI 01/28/1994, Regional Administrators LoI 07/18/2016, Rusczek LoI 05/18/1994, Samartinov LoI 06/24/1992, and Woody LoI 01/21/1993
QA-08: Does the PSM standard apply to aqueous solutions of Dimethylamine (CAS# 124- 40-3)?
Response: No. Appendix A lists Anhydrous Dimethylamine, which does not include aqueous solutions. However, Dimethylamine in aqueous solutions can be a flammable liquid as defined in Section 1910.119(a)(1)(ii) and could be PSM covered if a TQ exists in the process.
QA-09: Does the PSM standard apply to a 50% by weight concentration of “Formaldehyde (Formalin)” listed in Appendix A of the PSM standard, even if the calculated amount of Formaldehyde (Formalin) in the solution is 11,000 pounds (TQ)?
Response: Yes. The Appendix A listing of Formaldehyde (Formalin) should have been listed to read: Formaldehyde (37% by weight or greater). Any amount of mixture of Formaldehyde (Formalin), less than 37% by weight, in solution would not be covered by the PSM standard. In this case, since the concentration of Formaldehyde is greater than 37%, the entire solution weight of the formaldehyde mixture is counted toward the TQ amount. Consequently, 11,000 pounds of a 50% concentration of Formaldehyde solution exceeds the 1,000-pound TQ and a PSM-covered process exists.
Franklin LoI 06/28/1992, (NAME WITHHELD) LoI 01/23/1995, and Schmidt LoI 11/03/2017
QA-10: Does “Ammonia solutions (>44% ammonia by weight)” in Appendix A, only apply to aqueous ammonia solutions?
Response: Yes. “Ammonia solutions (>44% ammonia by weight)” applies only to aqueous ammonia solutions.
QA-11: Does the PSM standard apply to an employer who uses cellulose nitrate in a concentration greater than 12.6% nitrogen to which water is added, producing a mixture containing greater than 23% water, which will not burn?
Response: Yes. Appendix A of the PSM standard lists cellulose nitrate in concentrations of greater than 12.6% nitrogen as a chemical which presents a potential for a catastrophic event at or above the TQ of 2500 pounds (1,133.9 kg). The PSM standard does not distinguish between “wet” or “dry” cellulose nitrate.
The 12.6% refers to the extent to which cellulose has been nitrated, not to a solution concentration. Cellulose nitrate with >12.6% nitrogen is a HHC subject to the One Percent Test for determining TQ. Therefore, if an employer’s process involves cellulose nitrate in a concentration greater than 12.6% nitrogen with the total quantity of the mixture or solution at or above the TQ, the process is PSM covered.
Schmidt LoI 11/03/2017, Regional Administrators LoI 07/18/2016
QA-12: Does the PSM standard apply to a farmer’s usage of ammonia as a fertilizer and storage of an amount greater than the TQ for anhydrous ammonia or ammonia solutions (10,000 or 15,000 pounds, respectively)?
Response: No. Section 1928.21(a)(2) states that Section 1910.111(a) and (b) (storage and handling of anhydrous ammonia) shall apply to agricultural operations.
In addition, 1928.21(b) excludes the applicability of any of the standards contained in Subpart B through T and Subpart Z of Section 1910 to agricultural operations. Since PSM is included in Subpart H – Hazardous Materials, PSM does not apply to agricultural operations. However, if postharvest activities such as canning, making of sauces, etc. occur on a farm and those postharvest activities are related to a PSM-covered process, e.g., an ammonia refrigeration process for the sorting and storage of fruits exists on a farm after the fruit has been picked, then the PSM standard may apply.
QA-13: Are Hydrogen and Sodium Hydroxide included in Appendix A of the PSM standard?
Response: No. Hydrogen and Sodium Hydroxide are not listed in Appendix A as a HHC. If a process contains a TQ (i.e., 10,000 pounds) of hydrogen, a flammable gas, it is PSM covered pursuant to Section 1910.119(a)(1)(ii).
QA-14: Are methyl bromide (CAS 74-83-9) and phosphine (CAS 7803-51-2) which are used as fumigants to control insects in food plants covered by the PSM standard?
Response: Yes. A fumigation process which contains a TQ (2500 pounds or greater) of methyl bromide or a TQ (100 pounds or greater) of phosphine (hydrogen phosphide) are covered by the PSM standard, provided no exemptions apply.
QA-15: Does the PSM standard apply to sulfuric acid (H2SO4)?
Response: No. Sulfuric acid, which contains 93% to 98% (H2SO4) and the remainder is water, is not covered by the PSM standard. Please note that percentage range for Oleum (65% to 80% by weight), also called Fuming Sulfuric Acid, which is listed in Appendix A of the PSM standard, has no upper limit of 80%. A process which contains a TQ of 1000 pounds (453.6 kg) or more of Fuming Sulfuric Acid (65% by weight or greater Sulfur Trioxide SO3), is PSM covered.
LaRue LoI 06/24/1993, and Regional Administrators LoI 07/18/2016
1910.119(a)(1)(ii) – Flammables
QA-16: Are the quantities of flammable liquids (Flash Point < 100°F) and flammable gasses (Category 1) combined to determine if a TQ has been exceeded?
Response: No. To determine whether there is a TQ or greater amount at any one point in time, flammable liquids contained in a process are considered aggregate. The same criteria apply to flammable gases. From an aggregate standpoint, flammable liquids and flammable gases are treated separately. Also, the HHCs, listed in Appendix A as toxics are treated separately and aggregated individually for coverage purposes.
Anicello LoI 02/15/1994, and Kunst LoI 07/18/1994
QA-17: For processes involving flammable gas mixtures, are the non-flammable components in the mixture included when determining the TQ?
Response: Yes. The non-flammable components in the mixture are included in the TQ. If the mixture meets the criteria in Section 1910.119(a)(1)(ii) for a flammable gas, the mixture quantity is used to determine if there is a TQ.
QA-18: A mixture consisting of 2,000 pounds of fine, non-soluble, non-combustible solid, and 8,000 pounds of a flammable liquid is contained in a process. Is the total mass of the mixture (i.e., consisting of a fine, non-soluble, non-combustible solid combined with a flammable liquid) considered when determining if a TQ is present in a process? The mixture meets the definition of “liquid” in Section 1910.106(a)(17), has a flash point less than 100°F, and contains more than one percent flammable components.
Response: Yes. If the mixture meets the criteria in Section 1910.119(a)(1)(ii) for a flammable liquid, the mixture quantity is used to determine if there is a TQ. Here, the mixture has a flashpoint of less than 100°F, which meets the definition of a flammable liquid, and a TQ exists in the process. Therefore, the total amount of flammable liquid is 10,000 pounds, even if some component(s) of the mixture alone would not meet the required flash point.
QA-19: Does the PSM standard apply to the distilling industry in North American Industry Classification System (NAICS) 312140?
Response: Yes, however, under an enforcement policy (Taylor LoI 03/14/2003), OSHA does not currently enforce the PSM standard in the distillery industry, NAICS 312140, unless there is an employee fatality or catastrophe involving a process that uses ethyl alcohol, also known as ethanol.
QA-20: Is Dowtherm, a heating medium that is heated to approximately 600°F and operated at a low pressure of 30 pounds per square inch gauge (psig) with a flashpoint of approximately 400°F, covered by PSM?
Response: No. A flammable liquid is any liquid having a flashpoint below 100°F and Dowtherm as described has a flashpoint greater than 100°F.
QA-21: Methyl chloride is a flammable gas and is listed as an Appendix A HHC with a TQ of 15,000 pounds. Is it only covered when a process contains greater than 15,000 pounds?
Response: No. The TQ used in determining PSM coverage is the lower of the following amounts: the TQ specified in Appendix A or 10,000 pounds. In this case, it would be PSM covered based on the TQ of flammable gas of 10,000 pounds.
QA-22: Are biodiesel plants PSM covered?
Response: Yes. Biodiesel plants and processes within can be PSM covered if the process involves a HHC at or above the specified TQ listed in Appendix A or involves flammable liquid or gas on site in one location, in a quantity of at least 10,000 pounds. Biodiesel production processes generally involve the catalyzed esterification of vegetable oils or greases (of either animal or vegetable origin) with a flammable alcohol(s), such as methanol (methyl alcohol), in a batch reactor. However, the process may be exempt from PSM-coverage if the flammable liquids used in the biodiesel manufacturing process are stored in atmospheric storage tanks “which are kept below their normal boiling point without benefit of chilling or refrigeration” in accordance with Section 1910.119 (a)(1)(ii)(B) or if other PSM exemptions apply. However, tanks used for mixing or blending using agitator and pump-around methods, heating, cooling, filtration, clarification, or similar purposes are PSM covered. Therefore, their contents are included when determining if at least 10,000 pounds of flammable materials are contained in the process.
Bacci LoI 03/19/2012, Riggs LoI 09/26/2008
Scenario A-23, A-24, and A-25: An employer stores consumer aerosol products in metal containers at their warehouse. The aerosol containers store up to 33 total ounces per container of aerosol product (i.e., in items such as shaving cream, hair spray, antiperspirant, and their associated flammable gas propellants). The flammable gas propellants used in the aerosol are typically butane, iso-butane, and propane. The warehouse is not a retail facility or an aerosol manufacturer. The warehouse ships these aerosol products to retail facilities. The warehouse is in-compliance with building and fire code requirements, for the storage of consumer aerosol products, including the National Fire Protection Association (NFPA) 30B, Code for the Manufacture and Storage of Aerosol Products, and the International Fire Code.
This warehouse operation includes inventories of flammable gas aerosol containers that may fluctuate, such that the quantities stored are greater than the TQ for flammable gasses (≥10,000 pounds), and other times the quantities are less than the TQ. Given the need for fluctuating inventories, the employer has not instituted control measures to keep the inventory below TQ.
QA-23: Is the storage of consumer aerosol products in the warehouse required to comply with the PSM standard if the aggregate weight of flammable gas propellants in the stored aerosol containers exceeds 10,000 pounds?
Response: Yes. The stored consumer aerosol products in metal containers are a PSM-covered process based on the following:
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Flammable gases (e.g., butane, iso-butane, and propane) are PSM covered highly hazardous chemicals (HHCs). Although each aerosol container holds only a small quantity of flammable gas, since the containers are co-located (i.e., containers are near each other), the individual amounts of flammable gas must be aggregated to determine if a TQ In addition, since the containers are co- located such that an incident (e.g., fire) in one process (i.e., small container) could cause the potential release of HHC in another container, these containers are a single PSM-covered process. Therefore, the individual amounts of flammable gas in the co-located aerosol containers, must be aggregated.
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Storage and on-site movement are a PSM-covered process activity; and
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No PSM exemptions
Even though the warehouse complies with building and fire code requirements for the storage of consumer aerosol products, an employer cannot use engineering controls and administrative controls to exclude coverage of a PSM process. However, these codes can be used as recognized and generally accepted good engineering practices (RAGAGEP) to document compliance with OSHA’s PSM requirements in Section 1910.119(d)(3)(ii).
Clark LoI 02/28/1997, Olesen LoI 02/01/2002, and Ordile LoI 06/28/2019
QA-24: Assuming the net weight listed on the aerosol container is the weight of the total amount of product and flammable gas propellant in the container, is there a method to compute the aggregate quantity of the flammable gas in the aerosol cans in Scenario A- 23, A-24, and A-25?
Response: Yes. A facility could: 1) determine the weight of flammable gas propellant that is filled into each of the aerosol cans by either checking the safety data sheet (SDS) of the product or by contacting the manufacturer(s) of the aerosol cans; then 2) multiply the number of cans that are co-located by the weight of flammable gas per can to determine if that amount exceeds the TQ. If the amount of flammable gas exceeds the TQ, a PSM-covered process exists.
QA-25: Is the warehouse operation described in Scenario A-23, A-24, and A-25 a PSM-covered process even when the inventory is less than the TQ?
Response: No. However, if, at any single point in time, a process contains equal to or greater than a TQ of a HHC, the process is PSM covered and all the elements of the PSM standard must be in place. If the employer intends to limit the quantity of HHC (i.e., below the TQ) in a process to avoid being PSM covered, they must be prepared to demonstrate that the process always contains HHCs in an amount less than the TQ.
Kuiper LoI 06/01/1994, and Ordile LoI 06/28/2019
Scenario A-26: A liquified petroleum gas (LPG) bottle filling process fills consumer size LPG containers, typically used in gas fueled barbecue grills, for wide area distribution. The facility sells the containers, not to end users, but to large retail distributers/stores (e.g., home improvement centers, convenience stores, etc.). The containers each have a volume of about five gallons and hold less than 20 pounds of LPG.
The facility meets the NFPA Standard for the Storage and Handling of Liquefied Petroleum Gases, NFPA 58, and OSHA 29 CFR 1910.110, Storage and Handling of Liquefied Petroleum Gases. Bulk LPG stored on-site exceeds 10,000 pounds in an isolated tank farm. LPG is pumped underground to the production building. The production building is dedicated to inspecting and reconditioning returned bottles and automatic filling of new and reconditioned bottles followed by quality assurance inspection. Finished product bottles are stored in an open sided building remote from both LPG bulk storage and the production building. Bottle reconditioning and filling activities are isolated from each other by the requisite separations in accordance with NFPA 58 and 29 CFR 1910.110.
QA-26: Does the PSM standard apply to this LPG bottle filling process?
Response: Yes. This LPG bottle filling process is covered by PSM. LPG is a PSM-covered material – flammable gas. Requisite activities are conducted which define a covered process such as storage, on-site movement, and handling. Greater than a threshold quantity of flammable gas exists in the process. The covered process includes at least the LPG bulk storage tank(s) and the interconnected bottle filling operation. The retail exemption does not apply to this facility. The LPG is stored in large vessels in a tank farm. A release from such a storage vessel would likely be large and uncontrolled. Note that equipment that is interconnected utilizing underground piping does not negate the interconnected relationship. The finished product storage area could be a covered process by itself if it contains an aggregate quantity of LPG greater than 10,000 pounds. Furthermore, if the operation contains interconnected and/or separate vessels (e.g., bottle reconditioning or finished product storage area) which are located such that the LPG could be involved in a potential release, then such interconnected and/or separate vessels would be considered part of the covered process.
Slaughter LoI 03/14/2000, and Regional Administrators LoI 04/30/2018
1910.119(a)(1)(ii)(A) – Hydrocarbon Fuels
Scenario A-27: The employer has methane collection systems which includes an anaerobic digester to collect methane gas from the biological conversion of organic wastes. Large to mid-sized systems often contain more than 10,000 pounds of methane. The anaerobic digesters are interconnected and supply methane as a fuel for on-site boilers, pump engine drivers, gas turbines, etc. All the methane from the anaerobic digesters is used on-site solely as a fuel.
QA-27: Are the methane collection systems described above PSM covered?
Response: No. Although methane is a flammable gas as defined in Section 1910.119(a)(1)(ii), and the process contains a TQ of flammable gas, the process is not PSM covered because the methane is used solely for workplace consumption as a fuel, see Section 1910.119(a)(1)(ii)(A). As a result, the methane collection system is exempt from the PSM standard because the methane is used as a fuel and is not a part of a process containing another HHC covered by the PSM standard.
QA-28: 350-gallon totes containing flammable liquids are used at a facility to refuel vehicles. Are they covered by the PSM standard?
Response: No. Section 1910.119(a)(1)(ii)(A) exempts hydrocarbon fuels used solely for workplace consumption as a fuel. These flammable liquids are, however, covered under OSHA’s flammable liquids standard, Section 1910.106.
Scenario A-29: Greater than 10,000 pounds of liquefied petroleum gas (LPG) (i.e., liquid propane) are stored in pressure vessels. These pressure vessels provide fuel to and interconnect with a thermal oxidizer. The thermal oxidizer is an air pollution control device used to treat a sulfur-containing vent stream. The thermal oxidizer is connected, through vent piping, to an otherwise PSM-covered process.
QA-29: Is the LPG process PSM-covered process?
Response: Yes. The propane storage, piping, and thermal oxidizer are a PSM-covered process since there is a TQ of flammable gas and there is interconnection to a PSM- covered process. Therefore, the hydrocarbon fuels exemption in Section 1910.119(a)(1)(ii)(A) does not apply.
Neville LoI 02/13/1995, and Neville LoI 02/23/1995
QA-30: Does the PSM standard apply to gasoline used as a fuel to test and run inboard and outboard engines?
Response: No. The PSM standard does not apply to such a situation. In this case, the gasoline, a hydrocarbon fuel, is used solely for workplace consumption as a fuel and thus meets the exemption in Section 1910.119(a)(1)(ii)(A). In addition, the gasoline is not part of a process containing another HHC covered by the PSM standard. However, other OSHA standards, such as OSHA’s flammable liquid standard, Section 1910.106 may apply.
QA-31: Does hydrogen used as a fuel for powered industrial trucks qualify for the hydrocarbon fuels exemption?
Response: No. Hydrogen is not a hydrocarbon and therefore does not qualify for the hydrocarbon fuels exemption. Hydrogen does not meet the definition of hydrocarbon as defined in Hawley’s Condensed Chemical Dictionary, 14th Edition, 2001, “an organic compound consisting exclusively of carbon and hydrogen.” Hydrogen presents unique thermodynamic and combustion properties not envisioned in the preparation of the hydrocarbon fuels exemption. Therefore, processes containing a TQ of hydrogen used as a fuel must meet all requirements of the PSM standard. However, if a hydrocarbon fuel (e.g., propane) was used for vehicle refueling of the powered industrial trucks, it would qualify for the hydrocarbon fuels exemption.
QA-32: Does the PSM standard apply to ceramic manufacturing facilities using propane in amounts exceeding the TQ as the fuel for firing ceramic ware in a process which does not involve any other HHCs?
Response: No. The PSM standard does not apply to such a situation. In this case, the hydrocarbon fuel is used solely for workplace consumption as a fuel and thus meets the hydrocarbon fuels exemption in Section 1910.119(a)(1)(ii)(A). In addition, the fuel is not part of a process containing another HHC covered by the PSM standard. However, other OSHA standards, such as Section 1910.110, Liquified Petroleum Gases, may apply.
QA-33: Does the PSM standard apply to a plant that has more than TQ of hydrocarbon fuel on site where the fuel is used solely as a fuel for a furnace used to melt glass?
Response: No. The PSM standard does not apply to such a situation. In this case, the hydrocarbon fuel is used solely for workplace consumption as a fuel and thus meets the hydrocarbon fuels exemption in Section 1910.119(a)(1)(ii)(A). In addition, the fuel is not part of a process containing another HHC covered by the PSM standard.
Cole LoI 10/22/1992, and Orth LoI 08/19/1993
Scenario A-34: Public display of flame effect systems are one or more visible or sensory flame producing effects used for entertainment purposes at theme parks, concerts, shows or theatrical, musical, or other performing arts productions before an audience. The basic components of a flame effect system are piping, valves (manual and automatically controlled), ignition method, and sometimes storage vessels. These flame effects may be fueled by natural gas, propane, or other flammable gas or liquid hydrocarbon fuels. The flame effect may be installed and attached permanently to a hydrocarbon fuel supply such as a natural gas distribution piping system or a propane storage container(s) or be portable in nature and moved/transported to various locations and attached to a permanent or portable fuel supply before use during a specific period of entertainment. The flammable gases or liquids in use may be connected to storage or pipeline containing quantities more than the TQ. Use of the flame effect results in a consumption of the fuel at the workplace or on site and are dedicated systems not a part of any other system or process.
QA-34: Does PSM apply to public displays of flame effect equipment which contain flammable gases more than the TQ?
Response: No. PSM does not apply to flame effect equipment (i.e., piping, valves, an ignition system, and storage vessels) that contain flammable gases greater than the TQ. The natural gas (i.e., hydrocarbon fuel) is exempt in accordance with Section 1910.119 (a)(1)(ii)(A) since it is used solely for workplace consumption and is not part of a process containing another HHC covered by the PSM Standard.
QA-35: A facility uses annealing furnaces where large coils of rolled aluminum sheet, weighing up to 30,000 pounds, are placed in ovens. The coils are left in the ovens for several hours. The ovens are fueled by propane stored on site at greater than the TQ. The process does not include any other HHCs listed in Appendix A. Would the process qualify for the hydrocarbon fuels exemption?
Response: Yes. The propane used as a fuel for the furnaces is used solely for workplace consumption as fuels and are not part of a process containing another HHC, so it qualifies for the hydrocarbons fuel exemption.
Evans LoI 09/14/1995, and Zoll LoI 04/14/1993
QA-36: An employer has aluminum melt furnaces. These furnaces and boiler used to make steam for the process are fueled with propane stored on site above the TQ. Chlorine is also in these processes and gaseous chlorine is pumped into liquid aluminum to react with and remove impurities. The chlorine storage connected to the process exceeds the 1500-pound TQ. Does the propane meet the hydrocarbon fuels exemption?
Response: No. The furnaces and their fuel supply systems are PSM covered. They are part of a process containing another HHC, chlorine, above the TQ and therefore are not excepted by Section 1910.119(a)(1)(ii)(A). The propane to the boiler and the boiler itself may be included if they are interconnected or co-located to the covered process such that an incident in the propane boiler could cause a release of chlorine or interfere in the mitigation of the consequences of a chlorine release.
Evans LoI 09/14/1995, Feldman LoI 01/31/2008, and Zoll LoI 04/14/1993
1910.119(a)(1)(ii)(B) – Flammable Liquid Atmospheric Storage Tanks
QA-37: Are flammable liquids which are kept below their normal boiling point without benefit of chilling or refrigeration that are stored in or transferred to atmospheric tanks counted toward the 10,000 pounds TQ for a flammable liquid?
Response: No. Flammable liquids which are stored in or transferred to atmospheric tanks are not used to determine if a process contains a TQ of a flammable liquid.
However, if a process other than storage or transfer is occurring, the flammable liquids would not be exempt from counting towards the TQ.
Bacci LoI 03/19/2012, Regional Administrators LoI 05/12/1997
QA-38: Does storing a flammable liquid with the benefit of chilling or refrigeration negate the atmospheric storage exemption when the flammable liquid is not required to be refrigerated to keep it below its normal boiling point?
Response: No. The process you described meets the exemption in Section 1910.119(a)(1)(ii)(B) regarding storage and transfer of flammable liquids in atmospheric storage tanks. The chemicals described do not require refrigeration to stay below their normal boiling points. The fact that an employer elects to refrigerate the chemical, for example for quality control, does not negate the exemption. However, if it was documented that the employer must use chilling or refrigeration to keep the flammable liquid below its normal boiling point, then the exemption in Section 1910.119(a)(1)(ii)(B) would not apply.
LaLumondier LoI 09/11/1995, and Miller LoI 11/14/1994
QA-39: Does storing a flammable liquid under a dry nitrogen pressure of 8-10 psig negate the atmospheric storage exemption?
Response: Yes. Tanks containing flammable liquids that operate at pressures exceeding 0.5 psig are not atmospheric tanks by the definition of atmospheric tank in the PSM. Therefore, the storage of the TQ of flammable liquids above 0.5 psig is a PSM- covered process.
QA-40: Are 55-gallon flammable liquid atmospheric storage tanks covered by the PSM standard?
Response: No. Section 1910.119(a)(1)(ii)(B) exempts PSM coverage of flammable liquids stored in atmospheric tanks or transferred kept below their normal boiling point without the benefit of chilling or refrigeration. Therefore, PSM does not apply to the storage of flammable liquids in 55-gallon drums, even if the quantity exceeds 10,000 pounds. However, such flammable liquid storage must meet OSHA’s flammable liquid standard, Section 1910.106.
Gerard LoI 06/04/1992, and Virsack LoI 07/09/1999
QA-41: A process contains a TQ of flammable liquids in non-atmospheric tanks or other processes that are not storage or transfer. The process is interconnected or co-located to atmospheric storage tanks containing a flammable liquid which is kept below its normal boiling point without benefit of chilling or refrigeration. Is the atmospheric storage of that flammable liquid covered by the PSM standard?
Response: No. Flammable liquids which are stored in or transferred to atmospheric tanks are not used to determine if a process contains a TQ of a flammable liquid. However, if a process other than storage or transfer is occurring, such as manufacturing a finished product by blending components using an agitator in the atmospheric tanks, the flammable liquids would not be exempt from counting towards the TQ.
Bacci LoI 03/19/2012, and Regional Administrators LoI 05/12/1997
Scenario A-42: An employer has four (4) large tanks in their flammable storage room. Tank sizes are between 2,000 and 6,000 gallons. When they make a batch, they order a flammable material. The flammable material is delivered by tank truck and pumped into one of the tanks. In some instances, quantities exceed 10,000 pounds. Other ingredients (non-flammables) are added to the tank and materials are mixed via a permanently mounted agitator. The final flammable liquid mixture is pumped to a dispensing and packaging operation via fill lines, where it is transferred to five-gallon containers.
QA-42: Does the PSM standard apply to the above scenario?
Response: Yes. PSM applies to the process for the following reasons:
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A HHC is present in the process in amounts greater than the TQ,
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The facility conducts requisite activities that define a PSM-covered process (e.g., manufacturing and handling) including blending using agitator and pump-around methods, and
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The facility uses the tanks to perform a process operation (blending) and the exemption for flammable liquids stored in atmospheric tanks does not
Scenario A-43: An aluminum rolling mill contains an aluminum sheet coating line where the aluminum sheet is passed through a piece of equipment that applies a flammable liquid paint on the sheet. The entire system holds less than the TQ of 10,000 pounds of flammable liquids. However, the coating line is interconnected by a pipeline to a storage room where flammable coatings are mixed, blended, and stored in process tanks. The storage room has process tanks that involve mixing and blending of flammable liquid paints. Typically, the flammable paints are processed below their normal boiling points (i.e., no chilling or refrigeration is provided). The amount of flammable liquids in the process tanks, coating equipment and the interconnecting piping when aggregated contain a TQ or greater amount of flammable liquids.
QA-43: Does the PSM standard apply to the coating process which involves mixing and blending of flammable liquid paints inside atmospheric tanks?
Response: Yes. The coating process consists of tanks, coating equipment and interconnected piping that when combined contain a TQ or greater amount of flammable liquids. Although the flammable liquid is in atmospheric tanks, the exemption in Section 1910.119(a)(1)(ii)(B) for storing flammable liquids in atmospheric tanks does not apply to tanks containing flammable liquids that involve mixing or blending. In this scenario, the atmospheric tanks are used for mixing and blending operations; therefore, the coating process is PSM covered.
Bacci LoI 03/19/2012, Zoll LoI 09/20/1993
QA-44: Are flammable liquids contained in atmospheric tanks in a terminal or tank farm PSM covered?
Response: No. The tanks meet the definition of flammable liquid atmospheric storage. Therefore, the tanks and their contents are exempt from coverage in accordance with Section 1910.119(a)(ii)(B) if the flammable liquid storage tanks only store or transfer the liquid. However, if a process other than storage or transfer is occurring, such as manufacturing a product by blending components using an agitator in the atmospheric tanks, the flammable liquids would not be exempt from counting towards the TQ.
QA-45: A dock is interconnected to tanks in a refinery tank farm. Flammable liquids are transferred from ships moored at the dock to the tank farm using dock side equipment. The tank farm tanks, which operate at atmospheric pressure, are interconnected to other PSM-covered process units within the refinery. Is the transfer equipment on the dock part of the PSM-covered process?
Response: No. Assuming that the flammable liquid storage tanks are interconnected to conduct storage and transfer operations where no mixing or blending occurs, the transfer equipment is exempt from coverage in accordance with Section 1910.119(a)(ii)(B).
QA-46: Suppose a gasoline (flammable liquid) storage terminal uses butane to raise the Reid-vapor pressure of gasoline during the winter months. In this scenario, the butane is delivered to the terminal by a Department of Transportation (DOT) conveyance (either a railcar or cargo tank motor vehicle (CTMV)). Is the process PSM covered?
Response: No. The process is not PSM covered for the following reasons:
The off-loading of the butane from the conveyance is covered by the DOT regulations, 49 CFR Subchapter C. Therefore, OSHA is preempted at least from PSM-coverage for the DOT conveyance.
Gasoline from a large tank is pumped through piping where the butane from the DOT conveyance while in control of the DOT covered driver, is mixed with the gasoline from the tank. Next, the gasoline/butane mixture is routed via piping back to the gasoline tank. The process only involves flammable liquid atmospheric storage tanks and associated transfer and is therefore exempt from PSM coverage.
However, if the conveyance is not covered by DOT regulations, OSHA is not preempted from PSM-coverage for the conveyance. The conveyance and mixing prior to storage would be a PSM-covered process per guidance in 7. OSH Act 4(b)(1) – Preemption by Other Agencies.
1910.119(a)(2)(i) – Retail Facilities
QA-47: The PSM standard does not apply to “retail facilities”, Section 1910.119(a)(2)(i). Are there any industrial sectors or NAICS codes where OSHA will not enforce the PSM standard?
Response: Yes. OSHA will not issue citations under the PSM standard for employers in the following NAICS codes:
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424510 – Grain and Field Bean Merchant Wholesalers
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424590 – Other Farm Product Raw Material Merchant Wholesalers
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424910 – Farm Supplies Merchant Wholesalers
OSHA expects employers in these industries to continue to comply with other applicable OSHA standards, including 29 CFR 1910.109(i) (storage of ammonium nitrate), 29 CFR 1910.111 (storage and handling of anhydrous ammonia), 29 CFR 1910.120 (hazardous waste operations and emergency response), and 29 CFR 1910.1200 (hazard communication). OSHA standard 1910.111 addresses similar types of ammonia hazards as the PSM standard.
For additional information refer to RA Memo Process Safety Management Retail Exemption Enforcement Policy.
Regional Administrators LoI 04/30/2018
QA-48: Does OSHA use any criteria to determine when the retail facilities exemption in Section 1910.119(a)(2)(i) applies?
Response: Yes. OSHA exercises enforcement discretion in accordance with the following explanation from the preamble to the PSM standard:
“With respect to the exclusion of retail facilities … OSHA believed that such facilities did not present the same degree of hazard to employees as other workplaces covered by the proposal. Therefore, OSHA should not require a comprehensive process safety management system in addition to other applicable OSHA standards addressing flammable and combustible liquids, compressed gases, hazard communication, etc., for retail facilities… Certainly highly hazardous chemicals may be present in [retail] … operations. However, OSHA believes that chemicals in retail facilities are in small volume packages, containers and allotments, making a large release unlikely. OSHA received few comments disagreeing with the exemption of retail facilities (e.g., gasoline stations). OSHA has retained the exemption in the final rule.” 57 Fed. Reg. 6356, 6369 (Feb. 24, 1992).
See SQ&R A-48 in Appendix A for additional information on what it means to make a large release unlikely.
Regional Administrators LoI 04/30/2018
1910.119(a)(2)(ii) – Oil or Gas Well Drilling or Servicing Operations
QA-49: Are oil or gas production facilities equipped with separation, heating, or storage tanks exempt from PSM coverage under Section 1910.119(a)(2)(ii)?
Response: No. Section 1910.119(a)(ii) exempts oil or gas well drilling or servicing operations. Oil and gas well production facilities are PSM covered when they contain a TQ of a covered HHC. The exemption does not apply to oil or gas production operations. Oil production, as recognized by the petroleum industry, is a phase of well operations that deals with bringing well fluids to the surface, separating them, and then storing, gauging, and otherwise preparing the product for the pipeline. This production phase occurs after a well has been drilled, completed, and placed into operation, or after it has been returned to operation following workover or servicing. A completed well includes a ‘‘Christmas tree’’ (control valves, pressure gauges and choke assemblies to control the flow of oil and gas) which is attached at the top of the well where pressure is expected. It is at this point, the top of the well, where the PSM-covered process begins. The distance between separation equipment and the well is not a factor when determining PSM applicability for production facilities.
Once drilling and servicing activities are completed and the well(s) are put into production, the exemption in Section 1910.119(a)(2)(ii) no longer applies. However, other exemptions such as the NURF exemption in Section 1910.119(a)(2)(iii) may apply. See QA-52 for start of questions addressing the NURF exemption.
QA-50: Is the PSM standard enforced for oil and gas production facilities?
Response: No. An enforcement stay for oil and gas production facilities is in place. A memorandum to RAs, dated April 11, 2000, states that OSHA “will not enforce the PSM standard at oil and gas production facilities” pending an economic analysis regarding the feasibility of compliance at oil and gas production wells. Therefore, the PSM enforcement policy for production facilities announced in 2000 only applies to facilities in Standard Industrial Classification (SIC) codes that were not covered by an economic analysis in the original PSM rulemaking. The NAICS codes subject to the future economic analysis include 211120 – Crude Petroleum Extraction and 213112 – Support Activities for Oil and Gas.
However, the enforcement stay does not apply to natural gas liquids (NGL) processing facilities, known as gas plants which include establishments in NAICS 211112 (Natural Gas Liquids)/NAICS 211130 (Natural Gas Extraction). Therefore, OSHA enforces the PSM standard over processes that recover NGLs and/or further process gas when they contain a TQ of 10,000 pounds or more of flammable gases or flammable liquids.
Regional Administrators LoI 04/11/2000, Hunter LoI 12/19/2018, Smith LoI 02/16/2005
QA-51: Does the PSM standard apply to oil or gas well drilling or servicing operations on
U.S. navigable waters or Outer Continental Shelf production facilities?
Response: No. The PSM standard does not apply to oil or gas well drilling or servicing operations performed on an offshore platform located on U.S. navigable waters or the Outer Continental Shelf in accordance with Section 1910.119(a)(2)(ii).
CPL 02-01-047 02/22/2010, and (NAME WITHHELD) LoI 02/02/1993
1910.119(a)(2)(iii) – Normally Unoccupied Remote Facilities
Scenario A-52: Water Treatment Plant Z has no workers permanently stationed at its plant and is located 4 miles from the main facility. Plant Z consists of a 2-million-gallon water tank, a valve/instrument house, and a chlorine building. One ton chlorine cylinders are used at the water treatment plant. The chlorine building consists of a cylinder room, a scrubber room, an emergency generator room, and a utility/storage room. Workers spend an average of 1.5 worker-hours per day checking operations, 2.5 worker-hours once a week doing routine maintenance, and 6.5 worker-hours once a month doing additional maintenance. There are no conveniences for a permanent presence at Plant Z, such as vending machines or bathroom facilities. Workers are dispatched from the main facility.
QA-52: Based on the above scenario, would Plant Z be considered a normally unoccupied remote facility (NURF)?
Response: Yes. Plant Z would be considered a NURF exempted from PSM coverage under Section 1910.119(a)(2)(iii) because of the following:
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There are no permanently stationed workers at the
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Plant Z’s process is an off-site wastewater treatment facility, it is not contiguous with, and is geographically remote from all other buildings, processes, or persons working at the main
QA-53: Does a facility that meets or exceeds the required separation distances specified in a NFPA Code meet the term “geographically remote” in Section 1910.119(b) for NURF?
Response: No. A NURF is defined in Section 1910.119(b). Facilities meeting this definition are not contiguous with, and must be geographically remote from all other buildings, processes, or persons. The intent is to ensure that employees are isolated from the hazards. Geographically remote, when used in context of normally unoccupied and remote, means that any incident including a catastrophic release, fire or explosion in the “remote” location could not affect or impact any buildings, equipment, property, or employees at the plant site. Generally, the distance required to meet NURF exemption is much greater than the separation distances listed in NFPA standards.
QA-54: Can a facility that is in a distant corner of a larger facility qualify for the NURF exemption?
Response: No. The NURF exemption does not apply to a facility that is within the boundaries of or contiguous to other operations or facilities.
Scenario A-55: Sour gas is compressed and transferred by pipeline from Facility A to Facility B. Facility A also dehydrates and stores any hydrocarbon liquids and water that are separated from the natural gas. A TQ of flammable gasses and liquids is handled at Facility A. Facility B is the gas plant for processing the sour gas. A TQ of flammable gas is handled at Facility B.
Facility A is not contiguous with Facility B and is located about 5 miles away.
Employees are stationed at Facility B where there are offices, meeting rooms, and bathrooms. Facility A has employees that visit the facility every day for an average of 1.5 worker-hours to perform normal servicing or maintenance. Additionally, on a less frequent monthly basis, employees spend an additional 12 worker-hours on average at Facility A to perform tasks associated with more extensive maintenance and equipment repairs.
QA-55: Does Facility A qualify for the NURF exemption under situation above scenario?
Response: Yes. Facility A would qualify for the NURF exemption for the following reasons:
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Employees only work periodically at Facility A to perform necessary operating and maintenance tasks and are not permanently stationed at the
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Facility A is also not contiguous with and is geographically remote from all other buildings, processes, and
Based on the analysis explained in QA-52, OSHA set an expectation that employees are not permanently stationed at a facility when employees visit the site for less than an average of 1.5 worker-hours per day or a total of 14.5 worker-hours per week. In the case of Facility A, employees visit the site for operations and maintenance activities for a total of 13.5 worker-hours per week. Therefore, these are periodic visits to Facility A and the NURF exemption applies.
Scenario A-56: A geological underground storage facility is located on an employer’s property. The underground storage facility contains flammable gas at quantities greater than the TQ. The flammable gas is used as inventory control and feeds the employer’s manufacturing process. From the manufacturing process, the product, which remains a flammable gas, is routed to an interstate pipeline where it is transported to out-of-state customers.
QA-56: Is the underground storage facility and piping to the manufacturing process under the jurisdiction of US Pipeline and Hazardous Material Safety Administration (PHMSA) because it is part of the process that transports flammable gas in an interstate pipeline?
Response: No. USDOT-PHMSA has not exercised any authority under 4(b)(1) of the OSH Act, 29 U.S.C. 653(b)(1) by issuing an applicable regulation to date. Section 4(b)(1) of the OSH Act, 29 U.S.C. 653(b)(1), provides that OSHA has no authority to regulate a working condition of employees if another federal agency exercises statutory authority to prescribe or enforce a standard or regulation affecting occupational safety or health that addresses that same working condition.
Therefore, if it is used to control the inventory of flammable gas for the manufacturing process and a TQ exists, the underground storage facility is PSM covered unless or until USDOT-PHMSA exercises any authority under 4(b)(1) of the OSH Act, 29 U.S.C. 653(b)(1) by issuing an applicable regulation.
I have skipped the Fireworks coverage Q&A
OSH Act 4(b)(1) – Preemption by Other Agencies
QA-71: Does OSHA have jurisdiction over employers that manufacture explosives and pyrotechnics at contractor-owned contractor-operated munitions facilities and are these facilities covered by the PSM standard?
Response: Yes. OSHA has jurisdiction at contractor-owned contractor-operated munitions facilities that manufacture explosives and pyrotechnics. The manufacturing processes at these facilities are covered by the PSM standard; however, OSHA may be preempted under section 4(b)(1) of the OSH Act where other federal agencies’ regulations address working conditions. For more information, see SQ&R A-71 in Appendix A and OSHA Instruction- CPL 02-01-053, Compliance Policy for Manufacture, Storage, Sale, Handling, Use and Display of Pyrotechnics.
Scenario A-72 to A-77: A rail car with greater than a TQ of a HHC is delivered by the railroad carrier to Company A’s private track. The rail car is then used to feed Company A’s process. The process equipment downstream of the rail car does not have the capacity to contain a TQ of the HHC.
QA-72: Is storing the rail car on Company A’s private track a PSM-covered process?
Response: Yes. Storage of a freight container or transport vehicle containing a TQ of a HHC with no exemptions is a PSM-covered process. After its delivery by a carrier, or, in the case of a rail car, storage of a rail car on private track, the container is not covered by DOT’s Hazardous Material Regulations (HMR) in 49 CFR Subchapter C. The rail car is no longer “in-transit” because it has been delivered on Company A’s private track and the motive power has been disconnected.
OSHA has stated that commercial railroad tank cars and CTMVs are covered by the PSM standard to the extent that they are not covered by any other regulatory authority. For example, the DOT HMR covers rail cars. These DOT regulations cover rail car design, construction, maintenance (including repairs) and certain operations. In general, if the rail cars are considered “in transit” by DOT, OSHA would defer jurisdiction to DOT. Therefore, if the rail car is no longer “in-transit” because it is located on a private siding or track and the motive power is disconnected, the rail car is PSM covered. See 49 CFR § 171.1 for definition of private siding or track.
Anicello LoI 02/15/1994, and Schneider LoI 07/11/1994
QA-73: If the rail car contained a flammable liquid with a flashpoint below 100°F and is normally kept at atmospheric pressure inside the rail car, would the flammable liquids be exempt from PSM coverage in accordance with the flammable liquid atmospheric storage tank exemption in Section 1910.119(a)(1)(ii)(B)?
Response: No. Relief valves provided on DOT-compliant rail cars are, generally, set significantly higher than 0.5 psig. Tanks containing flammable liquids designed to operate at greater than 0.5 psig are not atmospheric tanks. Therefore, the storage of a TQ of flammable liquids on Company A’s private track or siding is a PSM-covered process.
Marchlik LoI 08/16/1996, and Schneider LoI 07/11/1994
QA-74: After the rail car is connected to the downstream process, is the downstream equipment part of the PSM-covered process?
Response: Yes. The rail car containing a TQ of a HHC is a PSM-covered process. Therefore, all the interconnected downstream equipment that contains the HHC is part of the PSM-covered process.
QA-75: If a rail car or a CTMV is delivered to Company A’s facility and the motive power is disconnected, would this be a PSM-covered process?
Response: Yes. Like the rail car jurisdiction discussed in QA-72, a CTMV that contains at least a TQ of HHC delivered by the carrier and stored on Company A’s property is under OSHA jurisdiction. Therefore, the trailer containing the HHC is a PSM-covered process assuming no exemptions apply. DOT regulations, generally, require the set point of pressure relief valves containing flammable liquids to be higher than the 0.5 psig for CTMVs. Therefore, Company A’s storage of flammable liquids in the CTMV does not qualify for the flammable liquid atmospheric storage tank exemption in Section 1910.119(a)(1)(ii)(B).
QA-76: For the rail car and CTMV in QA-72 and QA-75, Employer A does not own nor maintain them. Does Employer A need to comply with the mechanical integrity (MI) requirements (Section 1910.119(j)) when the rail car or CTMV becomes part of the PSM- covered process?
Response: Yes. OSHA considers the rail car and CTMV equipment (i.e., pressure vessel or storage tank) in the process in accordance with Section 1910.119(j)(1). All equipment in the process, regardless of ownership, must be included in the facility’s MI program.
Schneider LoI 07/11/1994, and Anicello LoI 02/15/1994
QA-77: Does Employer A need to include the rail car and CTMV that are addressed in QA- 72 and QA-75, in the PHAs?
Response: Yes. If the employer determines that the rail car or CTMV is part of the PSM- covered process, the rail car and CTMV must be included in their PHA.
Scenario A-78: A CTMV containing greater than the TQ of a HHC arrives at Company B. Company B’s process equipment does not contain at least the TQ. During the unloading process, the motive power stays attached to the trailer of the CTMV, and the driver remains in the loading area.
QA-78: When the CTMV is interconnected to Company B’s process, would this be a PSM- covered process?
Response: No. Even though the CTMV and Company B’s process are interconnected, and the combined system contains greater than a TQ of HHC, the loading and unloading of HHC into the CTMV while in control of the DOT covered driver is still considered “in- transit” and under DOT jurisdiction. Therefore, OSHA does not include the quantity inside the CTMV as counting towards the TQ.
Where the DOT has jurisdiction over CTMV unloading, the unloading must be attended by a qualified person who may be the CTMV driver in compliance with the Hazardous Material Regulations, 49 CFR § Subchapter C – Hazardous Materials Regulations.
Scenario A-79: Hydrogen peroxide at 60% by weight is delivered to a process by a CTMV. The CTMV driver, with no involvement of work site employees, dilutes the hydrogen peroxide downstream of the delivery hose, by mixing water and injecting the water upstream of the storage tank. There is less than the TQ of 7500 pounds of the hydrogen peroxide in the process at any point in time.
QA-79: Would the dilution of the HHC below its covered concentration (52%) prior to the material entering a storage tank be considered a PSM-covered process?
Response: No. The unloading of the hydrogen peroxide by a CTMV driver is a DOT covered transportation function. Since the unloading activity is under DOT jurisdiction, OSHA does not include the amount inside the CTMV towards the TQ when determining if a PSM-covered process exists. Since the hydrogen peroxide was diluted below 52% prior to entering the storage tank, it is not PSM covered.
Bierlein LoI 09/08/1993, and Tappan LoI 09/09/1993
QA-80: Does OSHA’s Section 1910.269 standard, Electric Power Generation, Transmission, and Distribution preempt application of the PSM standard to electrical utility systems at facilities with PSM-covered processes?
Response: No. The regulatory text and the preamble provide that OSHA did not intend for the Section 1910.269 standard to preempt the application of the PSM standard.
QA-81: Does PSM apply to LNG export facilities?
Response: No. OSHA’s PSM Standard does not apply to LNG export facilities, subject to DOT PHSMA’s LNG Federal Safety Standards, 49 CFR Part 193. OSHA is preempted by DOT regulations at 49 CFR Part 193 which address the same working conditions.
Pursuant to Section 4(b)(1) of the OSH Act, OSHA’s PSM Standard does not apply to LNG facilities unless a 49 CFR § 193.2001(b) exemption applies.
For example, 49 CFR § 193.2001(b)(2) exempts PHMSA from covering “LNG facilities used in the course of natural gas treatment or hydrocarbon extraction which do not store LNG.” Therefore, OSHA’s PSM Standard may apply to LNG pretreatment plants located offsite or beyond the property boundary of a LNG export terminal which involve natural gas treatment, or hydrocarbon extraction facilities that do not store LNG.
(NAME WITHHELD) LoI 04/27/2021
QA-82: Does the PSM standard apply to laboratory and research operations involving at least the TQ of one or more HHC?
Response: Yes. When a laboratory or research operation includes a process with a least a TQ of a HHC, the process is PSM covered.
QA-83: An employer operates a chemical research and development program using a small chemical laboratory and an open-air pilot plant. The facility does not use or store any Appendix A HHCs more than the TQ, and only has a TQ of flammable liquids in atmospheric storage tanks and not in any process connected to the flammable liquid storage. Is the employer required to comply with the PSM standard?
Response: No. The employer is exempt from PSM coverage because the flammable liquids are in atmospheric tanks which are kept below their normal boiling points without benefit of chilling or refrigeration liquids.
In addition, the facts regarding the laboratory and pilot plant processes and the product not being offered for commercial sale have no bearing on the scope and application of the PSM standard. Laboratories and research facilities are not exempt from the PSM standard when they have processes that contain a TQ or greater amount of a HHC.
QA-84: Does the PSM standard apply to the US. Environmental Protection Agency (EPA)- regulated and permitted Resource Conservation and Recovery Act (RCRA) hazardous waste treatment, storage, and disposal facilities, when such facilities have TQ of a HHC?
Response: Yes. Employers with treatment, storage, and disposal facilities which contain covered processes must comply with the PSM standard.
QA-85: Is a publicly owned treatment works that operates a methane collection system and supplies methane solely as a fuel for on-site boilers, pump engine drivers, and gas turbines a PSM-covered process?
Response: No. First, the hydrocarbon fuels exemption in Section 1910.119(a)(1)(ii)(A) applies since the methane is used solely for workplace consumption as a fuel.
Second, publicly owned treatment works are operated by state and local municipalities. Federal OSHA does not have jurisdiction over employees of state and local governments. States requirements may apply in States with OSHA-approved State Plans.
However, if other HHCs exist at the facility, the employer may be required to comply with PSM for the entire methane system based on the methane system’s interconnection and/or proximity to other covered HHCs. If the process is covered, then should government entities in states with Federal OSHA jurisdiction (i.e., no state plan) use contractors to work on a PSM-covered process, including publicly owned treatment works, the contract employees would be PSM covered. Based on the type and extent of their work activities, contract employers must control hazards related to specific requirements of PSM and comply with Section 1910.119(h)(3).