The state of MA has modified it’s State HAZMAT code, formerly called 527 CMR 33.00: Hazardous Material Process or Processing. The process safety code, now found in the State Fire Cide, Chapter 60, Hazardous Materials, has added a “performance alternative”, as well as providing more specifics and updating definitions. Here is what’s new:
NOTE: Still no word from the state Fire Marshal or the City of Boston FD on any enforcement actions regarding the refrigeration fatality back in March 2016.
60.7 Performance Alternative.
In lieu of complying with Chapter 60 in its entirety, occupancies containing high hazard Level 1 to high hazard Level 5 contents shall be permitted to comply with Chapter 10 of NFPA 400, Hazardous Materials Code (click on link for FREE access to NFPA 400), subject to an independent review in accordance with 1.15 and a copy, including its recommendations, shall be submitted to the Building Official.
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60.8 Hazardous Material Process or Processing.
60.8.1 General. This section shall apply to both new and existing facilities that process hazardous materials.
60.8.1.1 This section shall not apply to the following:
(1) Motor vehicle service stations regulated in accordance with chapter 30;
(2) Construction and maintenance projects regulated in accordance with this Code;
(3) Products that are designed pre-mixed in accordance with the manufacturer’s instructions or products that are labeled and packaged for sale to the consumer at retail;
(4) The activities of healthcare professional offices or facilities under the supervision of a licensed medical doctor, dentist, or veterinarian;
(5) Retail facilities such as pharmacies, hardware stores, department stores, or restaurants regulated by and in accordance with the provisions of this Code;
(6) Refrigeration systems which employ a refrigerant other than ammonia or LPG;
(7) The processing or treatment of potable water and sanitary wastewater
(8) Wastewater treatment operations that are operated by Grades 1I, 1M, 2I, and 2M operators as classified according to 257 CMR 2.00: Certification of Operators of Wastewater Treatment Facilities;
(9) The consumption of fuels solely for the purpose of the operation of equipment, such as generators, torches, and consumptive use boilers regulated in accordance with the provisions of this Code;
(10) The storage of hazardous materials in atmospheric vessels, if they are maintained below the stored material’s normal boiling point without benefit of chilling, refrigeration, or heat;
(11) The processing of hazardous materials and their byproducts which has a hazard ratings of 2 or less, according to criteria of NFPA 704;
(12) Hazardous waste activities regulated and in compliance with the provisions of 310 CMR 30.00: Hazardous Wastewater;
(13) Biological and medical activities regulated by the Department of Public Health;
(14) Handling and use of liquid nitrogen cooling systems at atmospheric pressure;
(15) The handling and repackaging of products regulated in accordance with the provisions of this Code;
(16) Use of inert gas;
(17) Swimming pools regulated by Department of Public Health under 105 CMR 435: Minimum Standards for Swimming Pools (State Sanitary Code: Chapter V);
(18) Air pollution control devices that are a component of a process regulated by Massachusetts Department of Environmental Protection under 310 CMR 7: Air Pollution Control;
(19) The production and handling of explosives and fireworks regulated in accordance with chapter 65;
(20) The equipment, process, handling, storage, or use of compounds, liquids, pesticides, fertilizers, or soil treatments regulated in accordance with the provisions of this Code or 248 CMR: Board of State Examiners of Plumbers and Gas Fitters.
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60.8.2. Definitions. The following terms and regulatory references shall have the meanings respectively assigned to them for this section:
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60.8.2.1 Capacity. The nominal capacity of the vessel as specified by the manufacturer.
60.8.2.2 Category 3 Hazard Evaluation. A written evaluation performed or procedure conducted to identify hazards, including adjacent vessels, that contain hazardous materials, and determine the required preventive, protective, and safety control measures in conformance with recognized and generally accepted good engineering and safe work practices associated with a particular process or condition, and the facility wherein such process or condition is taking place.
60.8.2.3 Category 4 Limited Safety Program. A documented evaluation, policy, or required procedure to ensure compliance with all of the following:
(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;
(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;
(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;
(4) Written procedures, including routine operating and maintenance, as well as precautionary, shut-down and emergency response measures;
(5) A written training program for operating and maintenance personnel and outside contractors whose work or activity may affect process safety;
(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 an internal review at a maximum every 3 years.
60.8.2.4 Category 5 Process shall:
(1) Implement and self-certify compliance with 29 CFR 1910.119 “Process Safety Management of Highly Hazardous Chemicals” program or with 40 CFR Part 60 “Chemical Accident Prevention Provisions.”;
(2) Comply with the permitting requirements of Section 60.8.4;
(3) Comply with the requirements of Section 60.5.1.4.3.2;
(4) Maintain hazard evaluation documents and records for review by the AHJ, for a minimum of two years following issuance of a permit.
60.8.2.5 Competent Professional. A person who, based upon education, training, skill, experience or professional licensure or a combination thereof, has a specialized knowledge beyond that of an average person, about risk assessment, process hazard analysis, and/or process safety management principles, for the process or processes being evaluated.
60.8.2.6 Facility. A structure, building or complex of buildings or structures where hazardous materials are processed.
60.8.2.7 Facility Category. Since multiple hazardous material processes may exist within a facility, each facility shall identify all the categories of processes present and verify compliance with all the categories for each process identified at the facility. For purposes of determining facility category classification under Section 60.8, the highest level of actual or possible hazardous process category shall determine the appropriate Facility Category.
60.8.2.8 High-Hazard Group H. High-hazard Group H occupancy includes, among others, the use of a building or structure, or a portion thereof, that involves the manufacturing, processing, generation, or storage of materials that constitute a physical or health hazard in quantities in excess of those allowed in control areas complying with the building code.
60.8.2.9 Hazardous Process Category. Hazardous Material processes shall be defined as follows:
(1) Category 1. 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.
(2) Category 2. 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.
(3) Category 3. 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 building code.
(4) Category 4. 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.
(5) Category 5. 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.
60.8.2.10 Incident. An unplanned event arising from a hazardous material process resulting in a fire, explosion, reportable release, or injury.
60.8.2.11 Mixture. A combination of materials in a vessel. The mixture shall be considered a different material from those before being added to the vessel, regardless of whether a reaction or change of state occurred in the vessel, and regardless of whether the mixture is homogeneous or heterogeneous. Material hazards of the mixture shall be classified based on the hazards of the mixture as a whole, in accordance with nationally recognized reference standards, by an
approved qualified organization, individual, or Material Safety Data Sheets (MSDS), or by other approved methods.
60.8.2.12 Person. An individual, firm, corporation, company, partnership, association, including any officer, trustee, assignee, receiver, personal representative, designee, manager or employee thereof.
60.8.2.13 Vessel. The container in which partial or the actual process takes place. Examples of vessels are beakers, pails, tanks, reactor kettles, pipe reactors, and drums. The size of a vessel is its capacity.
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60.8.3 Multiple Processes. Since multiple hazardous material processes may exist within a facility, each facility shall identify all the categories of processes present and verify compliance with all the categories for each process identified at the facility. For purposes of determining category classification under this Code, the actual or possible Hazardous Processing activity shall determine the appropriate Category.
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60.8.4 Permits. Permits, where required, shall comply with Section 1.12 and 60.8.4.1 through 60.8.4.4.
60.8.4.1 No person shall engage in the Process or Processing of any Hazardous Material at any Facility identified in Section 60.8 as Category 2 through Category 5 unless said Facility is in compliance with the permit requirements of the provisions of this Code. A permit holder shall apply for the renewal of said permit on an annual basis. The application shall contain such information and be in a form as prescribed by the State Fire Marshal.
60.8.4.2 An applicant for the permit required by section 1.12 shall submit an application for Permit to Process Hazardous Material to the Head of the Fire Department on a form prescribed by the State Fire Marshal.
60.8.4.3 As provided in MGL 148 § 10A, the AHJ may deny or withhold the issuance of a permit however, such denial or withholding shall be in writing. Said notice of denial shall contain specifications of the alleged violation or deficiency together with their interpretation of Section 60.8. The AHJ may require technical assistance in accordance with 1.15 to evaluate the adequacy of Category 3 or Category 4 process safety conditions, programs, procedures, and
practices undertaken at the facility but only after a notice of denial has been properly served upon the person making application.
60.8.4.4 Any person who has been permitted to engage in the Process or Processing of Hazardous Material at any Facility or any person creating a new process facility, shall, prior to engaging in any new or modified hazardous material process activity which results in a change to the highest process category authorized by the current permit, notify the Head of the Fire Department of such new change or modification and submit a new application to appropriately modify the existing permit.
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60.8.5 Compliance Requirements.
60.8.5.1 Facilities operating hazardous material processes as defined by this Code shall maintain, for each process in their facility, the following documents and procedures at their facility for periodic inspection and review by the Head of the Fire Department to remain in compliance with this Section.
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60.8.6 Post-Incident Analysis.
60.8.6.1 Post-incident analysis shall be applicable to Category 3 and Category 4 processes. For a Category 5 process, a copy of the report submitted in accordance with the OSHA or EPA Risk Management Standard, shall be considered acceptable.
60.8.6.1.1 In the event of an incident involving a process in which there is fire department, EMS response, or a notification of unauthorized release, a written post incident analysis must be initiated within 48 hours. Upon completion of the analysis, the AHJ shall be given a duplicate copy of the analysis.
60.8.6.1.2 A completed post-incident written analysis report shall be completed within 45 days, unless an extension is provided by the AHJ for just reason.
60.8.6.1.3 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 is operating or application for a new permit as part of the report.
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60.8.7 Trade Secrets.
A facility owner or operator subject to this Code and required to submit to the AHJ a permit application and/or supporting documents may claim information as a trade secret as provided in this Section.
60.8.7.1 A facility owner/operator may withhold the name of a specific hazardous material when notifying the fire department under Section 60.8 if that chemical is claimed as a trade secret or confidential business information.
60.8.7.2 If the hazardous material is claimed as a trade secret:
(1) The generic class or category that is structurally descriptive of the chemical must be provided on the permit application as a matter of public record;
(2) The Material Safety Data Sheet (MSDS) for the hazardous substance shall be available for review on-site by representatives of the Fire Department or the State Fire Marshal.
60.8.7.3 A facility owner or operator may claim information, required under this Code, is treated as confidential and not as a matter of public record if:
(1) The information has not been disclosed to anyone else, other than employees of the facility or the AHJ, an officer or employee of the United States or a state or local government, or anyone who is bound by a confidentiality agreement;
(2) The facility has taken reasonable measures to protect the confidentiality of such information and intends to continue to take such measures;
(3) The information is not required to be disclosed, or otherwise made available to the public under any other federal or state law; and
(4) Disclosure of the information may cause substantial harm to the competitive position of the facility;
(5) All documentation and records claimed as trade secret or confidential information, including but not limited to the “Permit to Process Hazardous Material Application,” “hazard evaluation documentation,” “process safety program documentation,” shall be clearly marked as “Trade Secret,” “Confidential,” or other words of similar meaning.