State of Massachusetts Hazardous Materials Processing regulation (527 CMR 33)

The Massachusetts Department of Fire Services (DFS) has enacted the Hazardous Materials Processing regulation (527 CMR 33).  The code was developed to help prevent the occurrence of incidents like the explosion in Leominster in 2005, the fire and explosion in Danvers in 2006 (see the CSB investigation), and the fire and explosion in Middleton in 2011 (see the OSHA citations) – all involving processes using hazardous materials.  This code will REQUIRE many facilities to implement a variation of OSHA’s PSM and EPA’s RMP programs.  Unlike PSM and RMP there is no chemical lists and TQ’s, but rather the code defines the types of physical and health hazards a chemical must have to be included in the program and it is VERY BROAD.  In other words, there are thousands of chemicals that would be included in this code that do NOT fall under PSM/RMP.

As part of the development of the regulation a large quantity of exceptions were developed to try and ease the burden on the regulated community, especially in areas where companies are already regulated by other state agencies or regulations. An important exception (527 CMR 33.01(3)(k) indicates that the processing or materials or their by products which have a hazard ratings of 2 or less, according to criteria of NFPA 704, is EXEMPT from this code. 

The code establishes “categories” that facilities process will fall into based upon the size of the vessel. This can be existing processes or proposed processes. 

Category 1 Process : A process which involves or produces a Hazardous Material which occurs in a vessel with a capacity that is less than or equal to 2.5 gallons.

Category 2 Process: A process which involves or produces a Hazardous Material which occurs in a vessel with capacity that is greater than 2.5 gallons but less than or equal to 60 gallons.

Category 3 Process: A process which involves or produces a Hazardous Material which occurs in a vessel that is greater than 60 gallons but is less than or equal to 300 gallons that contains a hazardous material that is processed or a process area that is classified as being a H Occupancy as defined by 780 CMR.

Category 4 Process: A process which involves or produces a Hazardous Material which occurs in a vessel with a capacity that is greater than 300 gallons and is not considered a Category 5 Process.

Category 5 Process: A process which involves or produces Hazardous Material which occurs in a vessel with a capacity that is equal or in excess of threshold quantities stated in 29 CFR 1910.119 or 40 CFR Part 68 and regulated by such standard.

Permits

In order to initiate the regulation and required permit process, a staggered permitting structure was developed based on the type of categories. This staggering will assist both the regulated community and the local fire departments who need to process the permit applications. Permits once granted will be renewed annually thereafter. The initial application period is as follows: 

• Category 5 Process: January 1, 2013
• Category 4 Process: June 1, 2013
• Category 2 Process: January 1, 2014
• Category 3 Process: January 1, 2014

Since this regulation is broad based, it has been decided that it should cover laboratories to high-level production facilities.  Each category has specific requirements that must be met:

Category 1 Process: This category was designed to capture laboratories to a limited extent. The laboratories are required to be in compliance with basic standards that are in place for most laboratories, but do not require permitting with the local fire department. These small facilities are required to have an Emergency Coordinator, generic plans of the facility and to report the contact information to the local fire department. See OSHA 1910.1200 and/or OSHA 1910.1450.  

1. Provide documentation that adequately demonstrates that the facility maintainsimplements a policy in compliance with 29 CFR 1910.1200 and 29 CFR 1910.1450 as applicable, and 
2. Provide documentation that adequately demonstrates that the facility maintainsimplements a policy in compliance with 527 CMR 14.00: Flammable and Combustible Liquids, Flammable Solids or Flammable Gases, as applicable, and 
3. Demonstrates compliance with 527 CMR 33.06.

Category 2 Process: This category was designed to capture small pilot start-ups with additional requirements. The category 2 facility must comply with any category 1 requirements and in addition, requires an approved permit.

1. Provide documentation that adequately demonstrates that the facility complies withrequirements for a Category 1 process in accordance with 527 CMR 33.05; and 
2. Provide documentation that adequately demonstrates that the facility has establishedemergency response plan in accordance with 527 CMR 33.06. The floor plan does not need to be to scale, but should adequately show locations of utility and process shutoffs locations.
3. Comply with the permitting requirements of 527 CMR 33.04.

Category 3 Process: The category 3 process must comply with any of category 1 and category 2 requirements and in addition perform a hazard evaluation of all category 3 processes and implement appropriate process safety controls uncovered during the hazard evaluation associated with normal and abnormal operating conditions and maintain the hazard evaluation documents on file for review. Part of the documents should include a policy for the implementation of the hazard evaluation prior to the start up of any new processes.

1. Provide documentation that adequately demonstrates that the facility complies withrequirements for a Category 2 process in accordance with 527 CMR 33.05; and 
2. Completes a Category 3 Hazard Evaluation for each Category 3 process;
3. Ensures a Hazard Evaluation policy is in place and has been completed priorconducting such process or activity modification thereto; and 
4. Implements appropriate process safety controls to mitigate the hazards associatednormal and abnormal operating conditions as identified in the Category 3 Hazard Evaluation.  
5. Comply with the Emergency Response provisions of 527 CMR 33.06.
6. Complies with the permitting requirements of 527 CMR 33.04.
7. Maintains a Category 3 Hazard Evaluation documents and records for review byHead of the Fire Department or Marshal for a minimum of two years following issuance of a permit.

Category 4 Process: These processes are considered to be actual process facilities for purposes of the regulation. The category 4 facility must comply with any of category 1, category 2 and category 3 requirements and in addition perform a “category 4 limited safety program” (see below). These facilities are also required to maintain the category 4 process program documents on file for review. Part of the documents should include a policy for the category 4 process program implementation and evaluation prior to the start up of any new facilities The goal of the category 4 process program is to place limited requirements contained in the OSHA PSM Program to a lower level within the state.

1. Provide documentation that adequately demonstrates that the facility complies with requirements for a Category 3 process in accordance with 527 CMR 33.05; and 
2. Completes a Category 4 Limited Process Safety Program for each Category 4 process.
3. Ensure a Category 4 Limited Process Safety Program policy is in place and hascompleted prior to each process or being modified.
4. Implement appropriate process safety controls to mitigate the hazards associatednormal and abnormal operating conditions as identified in the Category 4 process limited safety program.
5. Comply with the permitting requirements of 527 CMR 33.
6. Comply with the Emergency Response provisions of 527 CMR 33.06.
7. Maintain Category 4 Limited Safety Program documents and records for review byHead of the Fire Department or Marshal for a minimum of two years following issuance of a permit.

A Category 4 Limited Process Safety Program is an evaluation performed, policy or required procedure to ensure compliance with the following:

1. 1. Process information including, but not limited to: MSDS for the chemicals and products being processed, process chemistry, piping and instrumentation diagram, safety relief design, process control safety alarms and interlocks; and
   2. Facility suitability including, but not limited to: building code compliance, electrical hazard (Check article 500) classification, ventilation design, fire alarm and fire protection, spill containment and control; and 
   3. A process hazard safety analysis including but not limited to: effects in the event of failure, suitable administrative and engineering controls to minimize failure and to control unanticipated releases, and emergency responses to safeguard life and property; and 
   4. Written procedures, including routine operating and maintenance, as well as precautionary, shut-down and emergency response measures; and 
   5. A written training program for operating and maintenance personnel and outside contractors whose work or activity may affect process safety; and 
   6. A written records management protocol which tracks any changes, including but not limited to changes to chemicals, equipment, operating procedures training program. Such records shall include the date of such change and the name of the manager responsible for such change; and 
   7. An internal review at a maximum every three years.

Category 5 Process: These facilities are already regulated by the federal government by OSHA (worker safety) or EPA (contain any issue to site). The goal of this regulation is to verify compliance with the appropriate federal authority via a written documentation. Any questions should be directed to the appropriate federal authority.

1. Implement and self-certify compliance with 29 CFR 1910.119 ProcessManagement of Highly Hazardous Chemicals program or with 40 CFR Part 60 Chemical Accident Prevention Provisions. 
2. Comply with the permitting requirements of 527 CMR 33.04.
3. Comply with the requirements of 527 CMR 33.06.
4. Maintain Hazard Evaluation documents and records for review by the Head of theDepartment or Marshal for a minimum of two years following issuance of a permit.

Emergency Response Planning

The code has an Emergency Response Planning section that was developed to ensure a couple of important items are completed at each facility. 

1. An Emergency Coordinator who is a person that can be available on site within 1 hour to report to the incident commander (IC) at a facility. This person should have adequate knowledge of the facility, its layout, has the authority to hire resources, and has knowledge of the facility operations in the event of a necessary shutdown of processes. This person is responsible to work directly with the IC to ensure a safe shutdown, identify the hazards associated with an abnormal shutdown and the necessary times to complete.
2. This section sets a time requirement on response with multiple contacts (via cellphone, pager, etc.) to ensure facilities that have chemicals and/or process them are available to assist the IC with a safe and proper shutdown.
3. A facility floor plan that identifies locations of hazardous materials stored and location of emergency equipment and supplies on site. For complicated facilities, consideration should be given to a more detailed floor plan that is developed in conjunction with the local fire chief. These more complicated facilities need to develop a relationship with the local fire department to discuss operations of the facility and emergency shutdowns. It is realized that in many cases it is more hazardous to shutdown a process at a facility than to allow them to continue in operation or to allow for an adequate amount of time for a proper shutdown.
4. Under the regulation, any contact information for Emergency Coordinators must be submitted back to the fire department as an update to the plan. Realizing the importance of the coordinator this contact should be quicker than the time specified in the regulation.

Post-Incident Analysis
The analysis applies to facilities captured as Category 3 – 5. The goals for these facilities when there is a fire, EMS response directly related to an incident in the process or a reportable release are to develop a post-incident analysis report to identify what happened and to review processes, protocols and policies to minimize the chance of a similar event from occurring.  In the event of an incident involving a process in which there is fire department, EMS response, or a reportable release of a hazardous material, a written post incident analysis must be initiated within 48 hours. Upon completion of the analysis, the Head of the Fire Department shall be given a duplicate copy of the analysis.  A completed post-incident written analysis report shall be completed within 45 days, unless an extension is provided by the Head of the Fire Department for just reason.  The post-incident analysis report shall provide the following information:

1. A summary of the cause of the incident and contributing factors;
2. Recommendations to prevent a future recurrence;
3. A summary of the dates of implementation of the post-incident analysis recommendations and corrective actions;
4. A reassessment and confirmation of the category under which the facility isor application for a new permit as part of the report.

CLICK HERE for a ppt from the State Fire Marshal on the regulation

CLICK HERE (pdf) for a complete listing of 527 CMR 33.00 Hazardous Material Process or Processing