improving chemical facility safety and security. presenter: bernie frist, arcadis u.s. inc

© 2013 ARCADIS 21 February 2014 1 Imagine the result

EO13650 Improving Chemical Facility Safety and Security

Bernie Frist Risk Management Subdiscipline Leader Phoenix, AZ February 21, 2014


1986 Emergency Planning and Community Right-to-Know Act (EPCRA)

On October 17, 1986, President Ronald Reagan signed into law the Superfund Amendments and Reauthorization Act of 1986 (SARA). This act amended the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), commonly known as Superfund. EPCRA’s purpose is to encourage and support emergency planning efforts at the state and local levels and to provide the public and local governments with information concerning potential chemical hazards present in their communities.


1986 New Jersey Toxic Catastrophe Prevention Act (TCPA) The Legislature finds and declares that a number and variety of industrial facilities and related operations generate, store, handle, and transport extremely hazardous substances; that some of those operations may represent a catastrophic threat to public health and safety, especially in a densely populated state; that, in recent months, the catastrophically tragic event in Bhopal, India, as well as a score of accidental chemical releases into the atmosphere of the State demonstrate that modern technology, operations systems, and safeguards can fail in protecting against such threats to the public… ...the single most effective effort to be made is toward prevention of those environmental accidents by anticipating the circumstances that could result in their occurrence and taking those precautionary and preemptive actions required.


1986 California Risk Management and Prevention Program (RMPP) California’s Risk Management and Prevention Program (RMPP) was enacted in 1986. RMPP required facilities that handled, processed, or stored acutely hazardous materials (AHMs) (based on the CERCLA EHS list) in excess of specified threshold quantities to register with the Administering Agency (AA) for their jurisdiction. An RMPP document containing all information needed to explain the adequacy of the facility’s prevention and emergency response programs and an Offsite Consequence Analysis were later submitted to the AA for review and certification.


1989 Philips Petroleum Company HDPE Facility Explosion in Pasadena, TX A massive and devastating explosion and fire ripped through the Phillips 66 Company's Houston Chemical Complex killing 23 persons—all working at the facility—and injuring 314 others


1990 BASF Chemical Plant Reactor Explosion in Cincinnati, OH An explosion in a reaction vessel at BASF's resins plant in Cincinnati on July 19 left one person dead and 71 others injured.


1990 Section 304 of Clean Air Act (CAA) Section 304 of Clean Air Act (CAA) required Secretary of Labor and EPA Administrator to promulgate a chemical process safety standard to prevent accidental releases of chemicals that could pose a threat.


1990 OSHA Process Safety Management (PSM) OSHA publishes Notice of Proposed Rulemaking Covering Process Safety Management (PSM) of Highly Hazardous Chemicals. Employees have been, and continue to be exposed to the hazards of toxicity, fire, or explosion from major industrial accidents. Requirements in the standard are intended to eliminate or mitigate the consequences of such accidents. Establishes procedures for process safety management that would protect employees by preventing or minimizing the consequences of chemical accidents involving highly hazardous chemicals.


1991 IMC Fertilizer, Inc./Angus Chemical Company Plant Explosion in Sterling, LA A fire occurred in the nitroparaffins plant. A few moments after the fire started, a series of explosions destroyed a large section of the plant. Eight employees were killed and 42 were injured. In addition, approximately 70 residents of the town were injured and numerous businesses and residences were severely damaged. OSHA concluded that the explosion was caused by unprotected piping and a lack of safety equipment.


1992 OSHA PSM Standard (29 CFR 1910.119) promulgated 1993 EPA published proposed rules on Risk Management Programs (RMP) for Accidental Release Prevention (ARP) 1996 EPA RMP (40 CFR 68) promulgated 1997 California Accidental Release Prevention (CalARP) Program promulgated (and subsequently revised in 2004)


1998 Explosion and fire at the Equilon Puget Sound Refinery in Anacortes kill six refinery workers An explosion and fire erupts in the coking plant at the Equilon Puget Sound Refinery in Anacortes, killing six refinery workers who were attempting to restart the delayed coking unit following a power outage. The tragedy is the worst industrial accident since the Department of Labor and Industries began enforcing the Washington State Industrial Safety and Health Act (WISHA), more than 26 years ago.


1998 Reactor vessel explosion and fire at the CONDEA Vista Company detergent alkylate plant in Baltimore, MD Injured four people and caused extensive damage.


1998 Morton International Inc. Runaway Chemical Reaction in Patterson, NJ The explosion and fire were the consequence of a runaway reaction, which over pressurized a 2,000 gallon chemical vessel and released flammable material that ignited. Nine employees were injured.


1998 U.S. Chemical Safety Board is authorized by the Clean Air Act Amendments of 1990 and became operational in January 1998. The CSB conducts root cause investigations of chemical accidents at fixed industrial facilities. The agency does not issue fines or citations, but does make recommendations to plants, regulatory agencies such as OSHA and EPA, industry organizations, and labor groups. Congress designed the CSB to be non-regulatory and independent of other agencies so that its investigations might, where appropriate, review the effectiveness of regulations and regulatory enforcement. .


1999 OSHA Clarification on PSM Applicability to Oil/Gas Production Facilities published Oil and gas well drilling and servicing are not covered by the PSM standard; however, oil and gas well production facilities which contain a threshold quantity or greater amount of a highly hazardous chemical (flammable liquids and gases) are covered. For the "normally unoccupied remote facility exception“ (NURF) exception to apply, the facility must be geographically remote from all other buildings, processes or persons and neither within the boundaries nor contiguous to other operations of the employer; and employees only visit remote sites periodically to check operations, and to perform maintenance and operation activities. Note: OSHA Interpretation Letter dated May 29, 1998: Workers dispatched to remote facility and spend 1.5 hours/day, additional 2.5 hours/week, and additional 6.5 hrs./month meets intent of NURF exception.


2001 CSB Management of Change Bulletin The U.S. Chemical Safety and Hazard Investigation Board (CSB) issues this Safety Bulletin to focus attention on the need for systematically managing the safety effects of process changes in the chemical industry. The MOC bulletin discusses two incidents that occurred in the United States in 1998. Each case history offers valuable insights into the importance of having a systematic method for the management of change. An MOC methodology should be applied to operational deviations and variances, as well as to preplanned changes—such as those involving technology, processes, and equipment.


2002 CSB Report on Improving Reactive Hazard Management In August 2000, following its investigation of a serious reactive incident at Morton International, the Board initiated a comprehensive review of reactive hazards nationwide. The purpose of the investigation was to develop recommendations to reduce the number and severity of such incidents.


2004 Giant Industries Gallup Refinery Explosions and Fire (4 injuries) Formosa Plastics Vinyl Chloride Explosion in IL (5 deaths, 2 injuries) Sterigenics Ethylene Oxide Explosion in Ontario (4 injuries) MFG Chemical Inc. Toxic Gas Release in GA (154 injuries) Marcus Oil and Chemical Tank Explosion in Houston (2 injuries)


2005 BP Texas City A series of explosions occurred at the BP Texas City refinery during the restarting of a hydrocarbon isomerization unit. Fifteen workers were killed and 180 others were injured.


2005 Acetylene Service Company Explosion in Perth Amboy (3 deaths) Praxair Flammable Gas Cylinder Facility Fire and Explosions in MO BP Texas City Positive Material Verification Error (1 injury) Formosa Plastics Propylene Explosion in TX (16 injuries) Valero Delaware City Refinery Asphyxiation Incident (2 deaths)


2006 Synthron Chemical Explosion in NC (1 death, ~12 injuries) Bethune Point Daytona Beach Wastewater Plant Methanol Explosion (2 deaths, 1 injury) Universal Form Clamp Co. Explosion and Fire in IL (1 death, 5 injuries) Partridge Raleigh Oilfield Explosion and Fire in MS (3 deaths, 1 injury) EQ Hazardous Waste Plant Explosions and Fire in NC (16,000 evacuated)


2007 Little General Store Propane Explosion in WV (4 deaths, 5 injuries) Valero McKee Refinery Propane Fire in Sunray, TX (3 seriously burned) Barton Solvents Explosions and Fire in KS (Thousands evacuated) Barton Solvents Flammable Liquid Explosion and Fire in Des Moines T2 Laboratories Reactive Chemical Explosion in Jacksonville (4 deaths, 13 injuries)


2007 OSHA CPL 03-00-004 Petroleum Refinery Process Safety Management National Emphasis Program OSHA initiated its Petroleum Refinery PSM National Emphasis Program (NEP) to reduce or eliminate the workplace hazards associated with the catastrophic release of highly hazardous chemicals in petroleum refineries. The program outlined a new approach for inspecting PSM-covered facilities that allowed for a greater number of inspections using better allocation of OSHA resources.


2008 Goodyear Tire and Rubber Heat Exchanger Rupture in Houston (1 death, 7 injuries) Packaging Corporation Storage Tank Explosion from Hot Work in WI (3 deaths, 1 injury) Bayer CropScience Pesticide Waste Tank Explosion in Institute, WV (2 deaths) INDSPEC Chemical Corporation Oleum Release in PA (2,500 evacuated) CAI / Arnel Chemical Plant Explosion in Danvers, MA (Unknown hospitalized)


2009 OSHA CPL 03-00-010 Petroleum Refinery Process Safety Management National Emphasis Program published (replaced CPL 03-00-004 from 2007) OSHA Notice CPL-02 (09-06) Chemical National Emphasis Program OSHA built upon the Petroleum Refinery PSM NEP by implementing a pilot PSM-Covered Chemical Facilities NEP, which later expanded into a full NEP. Under both of the PSM NEPs, OSHA was able to increase the number of PSM-covered facilities inspected and gained valuable inspection data.


2009 NJTCPA readopted and amended Provisions include: Facilities regulated by the TCPA program must perform Inherently Safer Technology reviews. Pre-construction Safety Review Report submittal Each owner or operator of a process covered under Program 3 must submit an annual report.

http://www.nj.gov/dep/rpp/brp/tcpa/tcpadown.htm


2009 Silver Eagle Refinery Flash Fire and Explosion (4 injuries) Veolia Environmental Services Flammable Vapor Explosion and Fire in OH (2 injured, 20 residences damaged) ConAgra Natural Gas Explosion and Ammonia Release in NC (4 deaths, dozens injured) CITGO Refinery HF Release and Fire in Corpus Christ, TX (1 death)


2009 Caribbean Petroleum Refining Tank Explosion NDK Crystal Inc. Explosion with Offsite Fatality in IL (1 death, 2 injured) 2010 Kleen Energy Natural Gas Explosion in CT (6 deaths) Macondo Blowout and Explosion on Gulf of Mexico Oil Rig (11 deaths) Horsehead Holding Company Zinc Recycling Facility Explosion in Monaca, PA (2 deaths)


2010 Tesoro Refinery Explosion and Fire in Anacortes, WA An explosion and fire led to the fatal injury of seven employees when a nearly forty-year-old heat exchanger catastrophically failed during a maintenance operation to switch a process stream between two parallel banks of exchangers at the Tesoro refinery in Anacortes, Washington


2010 Anhydrous Ammonia Refrigerant Release in Theodore, AL (130 sought medical attention and 4 injuries required hospitalization) E. I. DuPont De Nemours Co. Fatal Hotwork Explosion in Buffalo, NY (1 death, 1 injury) Deepwater Horizon Explosion (11 deaths) Titanium Plant Dust Explosion in WV (3 deaths)


2010 OSHA Chemical NEP CPL-02 (10-05) extended The Chemical NEP was extended until the publication of a permanent OSHA NEP Instruction for PSM-covered chemical plants.


2011 Carbide Industries Fire and Explosion in Louisville, KY (2 deaths, 2 injuries) DuPont Corporation Phosgene Release in WV (1 death) Donaldson Enterprises Fatal Fireworks Disassembly Explosion and Fire in HI (5 deaths)


2011 OSHA CPL 03-00-014 PSM Covered Facilities National Emphasis Program Policies and procedures for a National Emphasis Program (NEP) to reduce or eliminate the workplace hazards associated with the catastrophic release of highly hazardous chemicals at petroleum refineries. (Replaced CPL-02 (10-05)


2012 Massachusetts Fire Prevention Regulations, Hazardous Materials Processes (527 CMR 33) Background: 2006 CAI, Inc. Heptane Vapor Explosion in Danvers, MA (10 injured and 24 houses and 6 businesses destroyed.) 2011 Bostik Chemical Plant Explosion in Middleton, MA (4 injured, facility seriously damaged)


2012 Chevron Refinery Fire in Richmond, CA On August 6, 2012, release of flammable vapor led to a fire at the Chevron Refinery in Richmond, California.

http://youtu.be/QiILbGbk8Qk

http://youtu.be/QiILbGbk8Qk


2013 West, TX Fertilizer Company Explosion (15 deaths, >160 injuries)

http://www.csb.gov/videos/anatomy-of-a-disaster/ http://youtu.be/N_NhcbapisE

http://www.csb.gov/videos/anatomy-of-a-disaster/

http://youtu.be/N_NhcbapisE


August 1, 2013 EO 13650 The Executive Order comes on the heels of recent notable accidents in West, TX and Richmond, CA. The EO set up an OSHA/EPA/DHS Working Group to develop action plans over the next six months to find ways to improve current regulations governing chemical storage. These potential changes could significantly increase the regulatory compliance burden/risk in our industry. https://www.osha.gov/chemicalexecutiveorder/

https://www.osha.gov/chemicalexecutiveorder/


EO 13650 The Executive Order working group includes representatives from:

• U.S. Department of Homeland Security (DHS) • U.S. Department of Agriculture (USDA) • U.S. Department of Justice (DOJ) • U.S. Department of Labor (DOL) • U.S. Department of Transportation (DOT) • U.S. Environmental Protection Agency (EPA)


EO 13650 - Federal Workgroups Improving Operational Coordination (Co-chaired by EPA and DHS, U.S. Coast Guard) Improving Federal Agency Coordination (Co-chaired by EPA and DHS, U.S. Coast Guard) Improving Information Collection and Sharing (Chaired by DHS, Infrastructure Security Compliance Division) Modernizing Policies, Regulations, and Standards (Chaired by DOL, Occupational Safety and Health Administration) Stakeholder Outreach and Identifying Best Practices (Chaired by DHS, Infrastructure Security Compliance Division)


EO 13650 Request for Information on Process Safety Management and Prevention of Major Chemical Accidents Solicitation of Public Input on Options for Policy, Regulation, and Standards Modernization Stakeholder Outreach and Identifying Best Practices (Chaired by DHS, Infrastructure Security Compliance Division)

Listening Sessions hosted by the DHS, EPA, and DOL https://www.osha.gov/chemicalexecutiveorder/Listening_Sessions.html


Possible outcomes


OSHA Request for Information (RFI) Federal Register Volume 78, Number 236 (December 9, 2013) In response to Executive Order 13650, OSHA has requested comment on potential revisions and updates to: • PSM standard (OSHA is seeking public comment on fourteen

significant changes to the PSM standard) • Explosives and Blasting Agents standard • Flammable Liquids standard • Finishing standard …and potential changes to PSM enforcement policies. Comments requested by March 10, 2014. https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=FEDERAL_REGISTER&p_id=24053

https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=FEDERAL_REGISTER&p_id=24053



Potential OSHA Rulemaking or Enforcement Policy Changes 1. Clarifying the PSM exemption for atmospheric storage tanks

2. Remove Oil- and Gas-Well Drilling and Servicing exemption

3. Clarifying application to Oil- and Gas-Production Facilities

4. Expanding PSM Coverage and Requirements for Reactivity

Hazards

5. Updating the List of Highly Hazardous Chemicals in Appendix A of the PSM Standard; and provisions for periodic updates


Potential OSHA Rulemaking or Enforcement Policy Changes 6. Revising the PSM Standard to Require Additional

Management-System Elements, and Stop Work Authority

7. Amending Paragraph (d) of the PSM Standard to Require Evaluation of Updates to Applicable recognized and generally accepted good engineering practices (RAGAGEP) – “most up-to-date and accurate information available”

8. Clarifying the PSM Standard by Adding a Definition for RAGAGEP

9. Expanding the Scope of Paragraph (j) of the PSM Standard to Cover the Mechanical Integrity of any “Safety-Critical Equipment”


Potential OSHA Rulemaking or Enforcement Policy Changes 10. Clarifying Paragraph (l) of the PSM Standard with an Explicit

Requirement that Employers manage Organizational Changes

11. Revising Paragraph (n) of the PSM Standard to Require Coordination of Emergency Planning with Local Emergency-Response Authorities (Similar to 1910.146)

12. Revising Paragraph (o) of the PSM Standard to Modify Frequency, Require Third-Party Compliance Audits, Address Auditor Credentials, and Specify Resolution Time Frames

13. Expanding the Requirements of Sec. 1910.109 to Cover Dismantling and Disposal of Explosives, Blasting Agents, and Pyrotechnics


Potential OSHA Rulemaking or Enforcement Policy Changes 14. Updating 1910.106 and 1910.107 (Flammable Liquids and

Spray Finishing standards) based on the Latest Applicable Consensus Standards

15. Updating the Regulations addressing the Storage, Handling, and Management of Ammonium Nitrate

16. Changing Enforcement Policy of the PSM Exemption for Retail Facilities – focusing on “Wholesale Trade”

17. Changing Enforcement Policy for Highly Hazardous Chemicals Listed in Appendix A of the PSM Standard without Specific Concentrations (adopt EPA RMP approach)


OSHA Request for Information (RFI) Federal Register Volume 78, Number 236 (December 9, 2013) Request for Data, Information, and Comments 85 Specific Questions Provided in the RFI Comments requested by March 10, 2014. https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=FEDERAL_REGISTER&p_id=24053 https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=FEDERAL_REGISTER&p_id=24053





Possible EPA Actions Related to RMP • Update the list of chemicals and threshold quantities

• Improve methods for calculating toxic end point

determinations in the Offsite Consequence Analysis


Consideration of State Plan Provisions, Chemicals, and TQs • New Jersey Toxic Catastrophe Prevention Act (NJTCPA)

• California Accidental Release Prevention Program

(CalARP)

• Delaware Extremely Hazardous Substances Risk Management Act


Department of Homeland Security (DHS)

• Improve inspections and audits of plants using or manufacturing Ammonium Nitrate

• Improve Training and understanding of Ammonium Nitrate hazards and risks

• Better control on chemical transport into the country

• Stricter Immigration Controls


Chemical Facility Antiterrorism Standards (CFATS) Program H.R. 4007 introduced to The House on February 6, 2014 to Recodify and Reauthorize the CFATS Program

• Stricter guidelines on keeping Process Safety Information (PSI)

updated and available

• Input from Chemical Safety Board (CSB) and Emergency Planning Commission (EPC) on improving security and antiterrorism activities

• Conducting internal audits and providing evidence for making improvements.


Additional Provisions for Considerations Safety Case Development as required by the UK Health and Safety Executive (HSE) under the Control of Major Accident Hazards Regulations (COMAH) Quantitative Risk Assessment (QRA) for Siting Analysis


EO 13650 February 2014 Public Listening Sessions Schedule and Registration Information February 27, 2014 Listening Session (In-Person and Teleconference) Newark, New Jersey (Afternoon & Evening) Time: 1:00 p.m. – 5:00 p.m. Session 1 6:00 p.m. – 8:00 p.m. Session 2 Location: New Jersey Transportation Planning Authority (NJTPA) One Newark Center, Newark, NJ 07102 Teleconference Registration Link: http://www.govevents.com/word-redir.php?id=12099


EO 13650 Community Webinar on Executive Order 13650 Intended for community members and grass roots organizations, including first responders, interested in improving the safety and security of chemical facilities. Wednesday, February 26, 2014 8:00 pm – 10:00 pm EST Registration Link: https://epa.connectsolutions.com/e3y57l48hj2/event/event_info.html.

Imagine the result Imagine the result

Bernie Frist ARCADIS U.S., Inc. [email protected] (602) 797-4501 (602) 821-9579

improving chemical facility safety and security. presenter: bernie frist, arcadis u.s. inc

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