Hazardous Material Process or Processing 527 CMR 33.00

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1 Hazardous Material Process or Processing About the Presenter Ms. Swift is responsible for compliance services such as the development and maintenance of environmental, health and safety (EH&S) management programs (EHSMP), EH&S management systems (EMS), EH&S compliance and environmental system conformance audits, environmental permitting, development and delivery of EH&S training, contingency and emergency response planning, hazardous materials permitting and reporting, and TUR planning. Linda A. Swift, CHMM, CET, TURP, RABQSA Auditor Manager, EH&S Compliance and Systems Group With more than 20 years of environmental management experience, she has assisted industrial clients with the development of environmental programs, systems, and training to help the client meet their environmental obligations. She has also developed compliance tools such as regulatory registers and compliance calendars to assist in the management of day to day compliance tasks. She has served as project manager and participated in individual environmental compliance audits as well as in internal environmental system audit programs to assist clients in their efforts to ensure continual improvement of their programs and systems. She has also provided services to help the clients return to compliance and take advantage of self-disclosure policies. Page 1

2 New Regulation Danvers, MA Middleton, MA To mitigate the dangers of haz mat processing 527 CMR 33 Hazardous Material Process or Processing In place January 17, 2012 Regulates processes Using chemicals with NFPA 704 rating of 3 or 4 Processes categorized by the size of the process vessel Requires a new permit from the fire service Requires demonstrating compliance with a number of other requirements What s the Process for Compliance? Check PSM & RMP Applicability Categorize processes according to size of process vessel Comply with category requirements Apply for permit by deadline Chemicals with NFPA 704 Hazard Rating of 3 or 4 Page 2

3 There s a Lot to Do Regulation encompasses DFS, OSHA, EPA requirements Determine the level of compliance Demonstrate compliance Document compliance Educate the local fire department about your operations Chemicals NFPA rating 3 or 4 Vessel Size In gallons Category 1 5 Compliance requirements Hazardous Material A chemical or substance that is a physical or health hazard as defined by 527 CMR 33 Physical Hazard A chemical for which there is evidence that it is a combustible liquid, compressed gas, cryogenic, explosive, flammable gas, flammable liquid, flammable solid, organic peroxide, oxidizer, pyrophoric or unstable (reactive) or water-reactive material Health Hazard Important Definitions A classification of a chemical for which there is statistically significant evidence that acute or chronic health effects are capable of occurring in exposed persons includes toxic or highly toxic, and corrosive Page 3

4 Important Definitions Vessel The container in which partial or the actual process takes place. Examples include beakers, pails, tanks, reactor kettles, pipe reactors, and drums. Process or Processing A sequence of operations in which the sequence can be inclusive of physical operations such as heating, cooling, mixing, distilling, compressing, and pressurizing, and chemical operations, such as polymerization, oxidation, reduction, and other chemical reaction processes. The sequence can involve but is not limited to: preparation, separation, combination, purification, or any actions that cause a change in state, energy content, or chemical composition. Motor vehicle service stations 527 CMR 5.00 Construction and maintenance in accordance with 527 CMR Pre mixed products in accordance with manufacturer s instructions or product designed and labeled for retail sale Healthcare professional offices or facilities under supervision of licensed medical doctor or veterinarian THIS EXEMPTION DOES NOT APPLY TO HOSPITALS! Retail facilities pharmacies, hardware stores, department stores, restaurants Refrigeration systems with refrigerant other than ammonia or LPG Processing or treatment of potable water and sanitary wastewater Grade I and II wastewater treatment operations Consumption of fuels for operation of equipment generators, torches, and consumptive use boilers Storage of hazardous materials in atmospheric vessels without the benefit of chilling, refrigeration, or heat Exemptions Processing of hazardous materials with an NFPA 704 hazard rating of 1 or 2 Hazardous waste activities Biological and medical activities regulated by DPH Handling and use of liquid nitrogen cooling systems at atmospheric pressure Handling and repackaging of products regulated by 527 CMR Use of inert gas Swimming pools regulated by 105 CMR 435 Air pollution control devices that are a component of a process regulated under 310 CMR 7.00 Production and handling of explosives and fireworks regulated under 527 CMR 2.00, 527 CMR 13.00, and 527 CMR Equipment, process, handling, storage or use of compounds, liquids, pesticides, fertilizers, or soil treatments regulated under 527 CMR 35.00, 527 CMR37.00 and 248 CMR Page 4

5 Process Category = Requirements Process Category Requirements Category 1 Vessel <2.5 gallons HazCom Program Chemical Hygiene Program Flammable Storage Permit/License Emergency Response Planning No permit required Category 2 Vessel > 2.5 gallons <60 gallons Category 1 requirements Emergency Response Plan with site plan Haz Mat Processing Permit Process Category = Requirements Process Category Requirements Category 3 Vessel 60 gallons < 300 gallons Or process in an area classified as an H Occupancy Category 4 Vessel > 300 gallons and not a Category 5 process Category 2 requirements Hazard Evaluation Policy Category 3 Process Hazard Evaluation Process safety controls Post incident analysis Category 3 requirements Limited Process Safety Program Policy Page 5

6 Process Category = Requirements Process Category Category 5 Vessel capacity = PSM or RMP threshold and subject to PSM or RMP Requirements Category 4 requirements Self certify compliance with PSM or RMP Maintain Hazard Evaluation for review every 2 years Consider PSM & RMP Thresholds Chemical CAS # NFPA 704 Rating Mass PSM Threshold PSM Threshold RMP (lbs) Reg (lbs) Ammonia (anhydrous) H 3, F 1, R 0 Yes 10,000 10,000 Chlorine H 4, F 0, R 0 Yes 2,500 1,500 Formaldehyde ,000 1,000 Hydrochloric Acid H 3, F 0, R 1 Yes 15,000 (> 37% ) Hydrogen Chloride (Anhydrous) H 3, F 0, R 0 Yes 5,000 5,000 Hydrofluoric Acid H 4, F 0, R 1 Yes 1000 ( 50%) 1000 Hydrogen H 0, F 4, R 1 Yes 10,000 Nitric Acid H 4, F 0, R 0 Yes ( 80%) 500 ( 94.5%) Page 6

7 Category 3 Process Hazard Evaluation Hazard evaluation policy Written evaluation Identify hazards (including adjacent vessels) Determine preventive, protective, and safety control measures Recognized and generally accepted good engineering and safe work practices Associate with process or condition and facility where process or condition is taking place Can use existing procedures as long as they meet 527 CMR 33 requirements Maintain records for a minimum of two years after the permit is issued Emergency Response Planning Emergency coordinators (EC) Up to date contact list Facility floor plan locations of hazardous materials, typical volumes, location of emergency equipment Submit plan to fire department Category 3, 4, 5 EC communicates with local fire department - concerns and protocol regarding shutdown of process Notify the fire department within 14 days of changes to hazardous materials or plan information Page 7

8 Post Incident Analysis Incident involving fire department, EMS, or reportable release occurs Written incident analysis initiated within 48 hours of the incident Completed written analysis to the head of the fire department within 45 days Summary of cause and contributing factors Recommendations for prevention of future incidents A summary of corrective actions and dates of implementation Reassessment and confirmation of category and application for new permit, if category changes Category 4 Limited Process Safety Program Process information (e.g., MSDS, process chemistry, P&ID, safety relief design, process control safety alarms and interlocks) Facility suitability (e.g., building code compliance, electrical classification, ventilation design, fire alarm and fire protection, spill containment and control) Process hazard analysis (e.g., 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) Process Information Facility Suitability Process Hazard Analysis Limited Process Safety Program Page 8

9 Category 4 Limited Process Safety Program Management of Change Review Records Management Documentation Training Written procedures (e.g., routine operating and maintenance, precautionary, shutdown and emergency response measures) Written training program for operating and maintenance personnel and outside contractors Written records management protocol (tracks changes) Internal review (maximum every three years) Other Things to Consider Fire service may look for: Height and area construction Control area layout and separation H occupancy classification Exhaust separation and routing Fire suppression and alarms Fire detection Means of egress Explosion control Means of egress Explosion control Spill control and secondary containment Monitor controls, haz mat alarms Building Code Code Compliance Fire Code Electrical Code Page 9

10 Haz Mat Processing Permit Issued by the local fire department Annual renewal Withholding or denial (in writing) After denial fire department may require evaluation by a third party for Category 3 or 4 of process safety conditions, programs, procedures and practices Notify fire department of changes or modifications before they occur Permitting Schedule Category 5 January 1, 2013 Category 4 June 1, 2013 Category 2 & 3 January 1, 2014 Note: Category 1 processes do not require a permit Page 10

11 Permit Inspections Review to code at time of construction Review documentation on-site May ask questions about process to judge knowledge Look for good engineering and safety practices No checked on Fire Inspector s form likely a red flag Have a referral program with OSHA and EPA Important Things to Remember Be prepared to demonstrate compliance Be sure existing programs are up to date Involve the fire service early in the process Be prepared to educate the fire service about your processes Page 11

12 Questions For further assistance, please contact: Linda Swift ext.119 Chris Walton ext. 139 Geoff Gilbert ext.142 For further updates and information, visit our website or follow us on Resources Massachusetts Department of Fire Services website Page 12