Risk Management 

Modernization 

Rule 

SEPTEMBER 22, 2015

SMALL BUSINESS ADVOCACY REVIEW 

PRE-PANEL OUTREACH MEETING WITH OMB/SBA

OFFICE OF SOLID WASTE & EMERGENCY RESPONSE

OFFICE OF EMERGENCY MANAGEMENT
Agenda

Background on the Risk Management Plan (RMP) rule

Related Federal Regulations

How Small Entity Representatives (SERs) Can Help

Potentially Impacted Small Entities

RMP Universe of Facilities

Overview of Proposed Rule Provisions

Your Input on EPA Rule Options Under Consideration

Preliminary Cost Estimates

Next Steps in Panel Process

Questions & Comments

OFFICE OF SOLID WASTE & EMERGENCY RESPONSE

OFFICE OF EMERGENCY MANAGEMENT 2
Background- RMP rule

Key aspects of the rule:

◦ Applies to all stationary sources with processes that contain more than a 

threshold quantity of a regulated substance

◦ Regulated substances listed based on toxicity, volatility, and flammability criteria*

◦ Plan elements aimed at preventing accidental releases and reducing the 

severity of releases that occur

◦ All sources must prepare and submit an RMP to EPA at least every 5 years

◦ Covered processes fall within one of three prevention program levels based 

on:

◦ The potential for offsite consequences;

◦ Accident history; and

◦ Regulation under OSHA PSM.

OFFICE OF SOLID WASTE & EMERGENCY RESPONSE

OFFICE OF EMERGENCY MANAGEMENT 3

* Specific listing criteria for the RMP rule can be found in “Additional Information” section on Slides 34-36
Background - RMP rule Program 

Levels

Program 1 (642 facilities)

◦ Processes that would not affect the public in the event of a worst case release & 

no accidents with offsite consequences in the last 5 years

◦ Small quantities of flammables, less volatile toxics

◦ Limited accident prevention including hazard assessment and emergency response requirements

Program 2 (1272 facilities)*

◦ Processes not eligible for Program 1, not subject to Program 3

◦ Mainly water & wastewater treatment in Federal OSHA states

◦ Additional hazard assessment, accident prevention, management, and emergency response 

requirements

Program 3 (10628 facilities)*

◦ Processes subject to OSHA’s PSM or in one of 10 specified NAICS codes (see 

“Additional Information” section slide 32 for specific NAICS codes)

◦ Examples include: refining, chemical manufacturing, energy production, water treatment

◦ Must use OSHA’s PSM as accident prevention program and include additional hazard assessment, 

management, and emergency response requirements

OFFICE OF SOLID WASTE & EMERGENCY RESPONSE

OFFICE OF EMERGENCY MANAGEMENT 4

*Analysis reflects OSHA change to PSM retail exemption issued July, 2015 (For further information, see slide 37 in 

“Additional Information” section)
Related federal regulations

The RMP is one of several programs regarding chemical facility 

safety and security, including:

◦ OSHA PSM standard

◦ Management program for highly hazardous chemicals aimed at preventing and minimizing 

occupational/onsite exposure

◦ Emergency Planning and Community Right-to-know Act (EPCRA) 

requirements

◦ Local emergency planning and preparedness, emergency release notification, community right- to-know: provision of hazardous chemical storage inventory and toxic chemical release inventory 

to the community and first responders

◦ CAA Section 112(r)(1) general duty clause for facility owners/operators

◦ Must identify hazards, design, maintain and safely operate a facility; prevent and minimize 

releases

◦ DHS requirements –Chemical Facility Anti-terrorism Standards (CFATS)

◦ ATF requirements for explosives

◦ State/local requirements (e.g., NJ; Contra Costa County, CA regulations)

OFFICE OF SOLID WASTE & EMERGENCY RESPONSE

OFFICE OF EMERGENCY MANAGEMENT 5
6

OSHA PSM & EPA RMP

Together, OSHA PSM & EPA RMP form the U.S. regulatory 

framework for prevention of catastrophic chemical accidents 

at fixed facilities

◦ Both regulations authorized by Clean Air Act Amendments of 1990

◦ OSHA PSM standard (29 CFR part 1910.119):

◦ Focuses on protecting workers from chemical accidents 

◦ Promulgated in 1992

◦ EPA RMP regulation (40 CFR part 68):

◦ Focuses on protecting public health & the environment from chemical 

accidents

◦ Promulgated in 1996

OFFICE OF SOLID WASTE & EMERGENCY RESPONSE

OFFICE OF EMERGENCY MANAGEMENT
PSM & RMP: similarities

PSM and RMP were intentionally designed by OSHA and EPA to have 

similar requirements at facilities regulated by both:

◦ The accident prevention program requirements of both regulations are 

almost identical

◦ RMP uses OSHA PSM coverage as a factor in determining RMP program level

◦ RMP Program 3 prevention requirements include all PSM elements except trade secrets & 

emergency planning and response (RMP addresses ER outside of prevention program)

◦ RMP regulatory interpretations & guidance generally align with OSHA PSM 

standard interpretations & guidance

◦ RMP & PSM have similar applicability criteria:

◦ Regulated substance lists & threshold quantities

◦ Many chemicals common to both lists

◦ Same or similar threshold quantities

◦ Some similar regulatory exemptions

OFFICE OF SOLID WASTE & EMERGENCY RESPONSE

OFFICE OF EMERGENCY MANAGEMENT 7
PSM vs RMP: differences

There are several differences between the PSM and RMP which were 

designed to accommodate different statutory requirements and ensure 

the protection of the community and environment from chemical 

accidents. 

◦ List* & threshold differences:

◦ RMP list (40 CFR Part 68.130) covers 27 toxic chemicals not listed in PSM

◦ PSM list (29 CFR Part 1910.119) covers 76 toxic & reactive chemicals not listed in RMP

◦ PSM covers a wider range of flammable substances than RMP

◦ RMP TQs ≥ PSM TQs

◦ Additional RMP requirements not contained in PSM:

◦ Management system (40 CFR section 68.15)

◦ Hazard assessment (40 CFR sections 68.20 through 68.42).

◦ Submit RMP to EPA (40 CFR section 68.150)

◦ PSM has no program levels or tiers – any process subject to the 

standard is subject to all of its requirements.

OFFICE OF SOLID WASTE & EMERGENCY RESPONSE

OFFICE OF EMERGENCY MANAGEMENT 8

* Chemicals included on both the RMP and PSM lists are shown in the attached spreadsheet.
PSM vs RMP prevention programs

PSM Standard

•Process Safety Information

•PHA

•Operating Procedures

•Training

•Mechanical Integrity

•Compliance Audits

•Incident Investigations

•Management of Change

•Pre-Startup Safety Review

•Employee Participation

•Hot Work Permits

•Contractors

•Emergency Planning and Response

•Trade Secrets

OFFICE OF SOLID WASTE & EMERGENCY RESPONSE

OFFICE OF EMERGENCY MANAGEMENT

RMP Program 3

•Process Safety Information

•PHA

•Operating Procedures

•Training

•Mechanical Integrity

•Compliance Audits

•Incident Investigations

•Management of Change

•Pre-Startup Review

•Employee Participation

•Hot Work Permits

•Contractors

•Emergency Response (ER)

•CBI

RMP Program 2

•Safety Information

•Hazard Review

•Operating Procedures

•Training

•Maintenance

•Compliance Audits

•Incident Investigations

•N/A

•N/A

•N/A

•N/A

•N/A

•ER

•CBI

9
CFATS relationship to RMP*

There are several areas of the RMP requirements and 

methodology which were used in the development of the CFATS 

requirements:

◦ CFATS Top-Screen process uses an adaptation of RMP modeling criteria 

to determine off-site release distances for RMP chemicals

◦ CFATS Top-Screen collects some RMP data elements from RMP facilities 

required to submit Top-Screen data

◦ Several RMP exemptions are replicated in or adapted to CFATS 

regulations

◦ Naturally occurring hydrocarbon mixtures, transportation, laboratories, etc.

◦ Some commonalities between CFATS risk-based performance standards 

(RBPS) and RMP requirements:

◦ RBPS 3 – Screen & Control Access

◦ RBPS 9 – Response

◦ RBPS 11 – Training

◦ RBPS 17 – Officials and Organization

OFFICE OF SOLID WASTE & EMERGENCY RESPONSE

OFFICE OF EMERGENCY MANAGEMENT 10

* See slides 38-39 in “Additional Information” section for more information on the CFATS program
Background – EO 13650

Executive Order 13650, entitled Improving Chemical Facility Safety and 

Security (EO 13650) 

◦ Directs the government to conduct a number of tasks, including modernizing 

regulations 

◦ Aimed at preventing chemical accidents, such as the explosion in West, Texas 

on April 17, 2013

Report for the President (May 2014)

◦ Provided an update on actions taken to improve chemical facility safety and 

security

◦ Committed to proposing priority amendments to RMP rule in 2015 and 

publishing final rule in 2016

Factsheet (June 2015)

◦ Describes accomplishments over the past year

OFFICE OF SOLID WASTE & EMERGENCY RESPONSE

OFFICE OF EMERGENCY MANAGEMENT 11
Background

RMP regulatory actions

EPA initiated this rulemaking to modernize the RMP regulation in 

accordance with EO 13650

July 31, 2014-EPA issued a Request for Information (RFI) on 19 issues 

under consideration (79 FR 44603)

◦ EPA identified priority elements from the RFI to include in the proposed rule

OSHA issued an RFI on December 9, 2013 (78 FR 73756) and expects to 

revise PSM standard

EPA and OSHA are both conducting SBAR panels to inform rulemakings

It is EPA’s understanding that OSHA intends to hold a SBAR panel on its 

PSM regulations following EPA’s panel on RMP

OFFICE OF SOLID WASTE & EMERGENCY RESPONSE

OFFICE OF EMERGENCY MANAGEMENT 12
EPA RFI items relating to OSHA RFI

1. Update the List of Regulated substances

a) Adding other toxic or flammable substances

b) Adding high and/or low explosives

c) Adding ammonium nitrate

d) Adding reactive substances and reactivity hazards

e) Adding other categories of substances

f) Removing certain substances from the list or raising TQ

g) Lowering the TQ for substances currently on the list

2. Additional Risk Management Program Elements

3. Define and Require Evaluation of Updates to RAGAGEP

4. Extend Mechanical Integrity Requirements to Cover Any Safety-Critical Equipment

5. Require Owners and Operators to Manage Organizational Changes

6. Require Third-Party Compliance Audits

7. Coordination of Emergency Planning with Local Responders

8. Effects of OSHA PSM Coverage on RMP Applicability

13 OFFICE OF SOLID WASTE & EMERGENCY RESPONSE

OFFICE OF EMERGENCY MANAGEMENT
Additional items raised in EPA RFI

1. Safer Technology and Alternatives Analysis

2. Emergency Drills & Exercises

3. Automated Detection and Monitoring for Releases 

4. Additional Stationary Source Location Requirements

5. Compliance with Emergency Response Program Requirements in Coordination 

with Local Responders 

6. Incident Investigation and Accident History Requirements

7. Worst Case Release Scenario Quantity Requirements for Processes Involving 

Numerous Small Vessels Stored Together

8. Information Sharing

9. Threshold Quantities and OCA Endpoints for Regulated Substances Based on AEGL 

Toxicity Values

10. Program 3 NAICS Codes Based on RMP Accident History Data

11. The “Safety Case” Regulatory Model

12. Streamlining RMP Requirements

14 OFFICE OF SOLID WASTE & EMERGENCY RESPONSE

OFFICE OF EMERGENCY MANAGEMENT
How SERs can help

Helpful Information:

◦ Consider how the options presented might impact your business or 

organization

◦ Provide specific examples of impacts

◦ Provide cost data, if available

◦ Suggest other relevant options; provide data on their costs and information 

on how to ensure compliance

OFFICE OF SOLID WASTE & EMERGENCY RESPONSE

OFFICE OF EMERGENCY MANAGEMENT 15
Potentially impacted small entities

Examples include, but are not limited, to:

◦ Ammonia refrigeration facilities,

◦ Water and wastewater treatment plants (private or government-owned),

◦ Warehouses,

◦ Chemical manufacturers,

◦ Natural gas processing facilities,

◦ Petroleum refineries,

◦ Chemical and petroleum distributors, and

◦ Agricultural wholesale and retail facilities.

OFFICE OF SOLID WASTE & EMERGENCY RESPONSE

OFFICE OF EMERGENCY MANAGEMENT 16
RMP Universe of Facilities*

Program 1 Program 2 Program 3

Small Large Small Large Small Large

Refineries 5 8 0 3 21 119 156

Chemical Manufacturing 32 21 49 15 458 891 1466

Food/Beverage Manufacturing 1 2 6 5 368 1094 1476

Pulp and Paper 0 1 0 1 5 63 70

Other Manufacturing 33 29 34 39 113 136 384

Agricultural Distributors 9 1 0 0 1564 2093 3667

Chemical /petroleum wholesale 5 15 0 0 160 429 609

Other wholesale 0 5 0 0 100 197 302

Warehouses 11 59 0 0 267 719 1056

Water / POTW 6 10 527 418 463 601 2025

Oil & gas production 88 222 13 28 104 286 741

Other 29 50 66 68 128 249 590

Totals

219 423 695 577 3751 6877

12542 642 1272 10628

OFFICE OF SOLID WASTE & EMERGENCY RESPONSE

OFFICE OF EMERGENCY MANAGEMENT 17

RMP Facility Type Total

* Information obtained from 

EPA RMP database
RMP Accidents (2004 – 2013)*

Category (% small business) P1 P2 P3 Total

Refineries (17%) 8 0 161 169

Chemical Manufacturing (37%) 6 6 518 530

Food/Beverage Manufacturing (25%) 0 2 268 270

Pulp and Paper (7%) 0 0 46 46

Other Manufacturing (47%) 1 9 43 53

Agricultural Distributors (43%) 0 0 156 156

Chemical /petroleum wholesale (27%) 2 0 36 38

Other wholesale (33%) 0 0 20 20

Warehouses (26%) 1 0 71 72

Water / POTW (49%) 0 34 41 75

Oil & gas production (28%) 8 1 44 53

Other (38%) 9 5 21 35

Totals 35 57 1425 1517

OFFICE OF SOLID WASTE & EMERGENCY RESPONSE

OFFICE OF EMERGENCY MANAGEMENT 18

* Information obtained from 

EPA RMP database
Overview of Proposed Revisions

19

P1 P2 P3

Third-party audits (applies to the next scheduled audit after an 

accident) *

√ √

Incident Root Cause Analysis (only for facilities with 

accidents/near misses) *

√ √

Safer Alternatives Analysis (applies to a subset of P3 in certain 

NAICS codes) *

√

CoordinatingEmergency Response Program Requirements with 

Local Responders

√ √

Emergency Response Exercises * √ √

Information Sharing * √ √ √

* New Proposed Requirement

OFFICE OF SOLID WASTE & EMERGENCY RESPONSE

OFFICE OF EMERGENCY MANAGEMENT
Third-Party Compliance Audits

20

Current Requirements: Facility owners/operators must perform 

compliance audits every three years. (Applies to all P2 and P3)

Issue to Address: Self-auditing may be insufficient to ensure compliance 

with RMP requirements and promote safe stationary source operation 

and accident prevention. Lack of auditor independence can result in 

more lenient or biased audit results that are less accurate and reliable.

Proposed revisions require facilities to (Applies to first audit following an 

accident for all P2 and P3 in lieu of a compliance audit) : 

◦ Conduct an independent audit.

◦ Auditor must not be associated with the regulated facility or parent 

company.

OFFICE OF SOLID WASTE & EMERGENCY RESPONSE

OFFICE OF EMERGENCY MANAGEMENT
Incident Investigations & Root Cause 

Analysis

21

Current Requirements: Facility owners/operators must conduct incident 

investigations following an incident that resulted in or could have 

resulted in a catastrophic release (includes a “near miss”). (Applies to all 

P2 and P3)

Issue to Address: Facilities not required to complete root cause analysis 

which could identify the underlying reasons for a chemical accident to 

prevent future accidents and ensure compliance. Current catastrophic 

release definition not well defined and misinterpreted. Criteria used for 

reportable accidents is better defined and understood.

Proposed Revisions require facilities to (Applies to P2 and P3): 

◦ Within 12 months, complete a root cause investigation (i.e. identifying 

the fundamental reason why an incident occurred and the correctable 

failures(s) in management systems) for all RMP reportable incidents and 

near miss incidents.

OFFICE OF SOLID WASTE & EMERGENCY RESPONSE

OFFICE OF EMERGENCY MANAGEMENT
Safer Alternatives Analysis

22

Current Requirements: Facility owners/operators must develop a PHA to 

identify, evaluate, and control process hazards involving regulated 

substances. (Applies to all P3)

Issue to Address: Facilities are not required to consider safer technologies 

and alternatives (including inherently safer technologies) that could prevent 

or minimize the effects of chemical accidents

Proposed Revisions require P3 facilities in NAICS codes 322 (pulp and paper), 

324 (petroleum refineries), and 325 (chemical manufacturers) to:

◦ As part of PHA, analyze potential safer technologies and alternatives and the 

feasibility of implementation of any inherently safer technologies considered.

◦ Owner would not be required to implement any prescribed technology.

OFFICE OF SOLID WASTE & EMERGENCY RESPONSE

OFFICE OF EMERGENCY MANAGEMENT
Local Coordination

23

Current Requirements: Facilities must develop an emergency response 

program except when the community emergency response plan 

addresses toxic substances at the facility, or owner/operator has 

coordinated response actions for flammable substances with local fire 

department. (Applies to all P2 and P3)

Issue to Address: States and locals have indicated that some RMP 

facilities have not adequately coordinated with Local Emergency 

Planning Committees (LEPCs) and local emergency responders.

Proposed revisions require facilities to: (Applies to all P2 and P3)

◦ Coordinate annually with the LEPC/emergency responders and ensure 

response capabilities exist.

◦ Document coordination and allow LEPC/responders to request facility 

prepare emergency response program

OFFICE OF SOLID WASTE & EMERGENCY RESPONSE

OFFICE OF EMERGENCY MANAGEMENT
RMP Responder/Non-responder*

Category (% small business) Responder Non-responder % Nonresponder P2 P3 P2 P3 

Refineries (17%) 1 128 2 12 10%

Chemical Manufacturing (37%) 28 977 36 372 29%

Food/Beverage Manufacturing (25%) 4 958 7 504 35%

Pulp and Paper (7%) 1 61 0 7 10%

Other Manufacturing (47%) 55 143 18 106 39%

Agricultural Distributors (43%) 0 580 0 3077 84%

Chemical/petroleum wholesale (27%) 0 374 0 215 37%

Other wholesale (33%) 0 89 0 208 70%

Warehouses (26%) 0 557 0 429 44%

Water / POTW (49%) 150 483 795 581 68%

Oil & gas production (28%) 11 238 30 152 42%

Other (38%) 61 216 73 161 46%

Totals 311 4804 961 5824 57%

OFFICE OF SOLID WASTE & EMERGENCY RESPONSE

OFFICE OF EMERGENCY MANAGEMENT 24

* Information obtained from 

EPA RMP database
Emergency Response Exercises

25

Current Requirements: Currently there is no RMP requirement for 

facilities to exercise their emergency response program or plan.

Issue to Address: Incidents at RMP facilities often indicate poor 

emergency response planning and execution. Requiring exercises is 

likely to improve emergency response by facilities and community 

responders and reduce the consequences of an accident on the 

community.

Proposed Revisions: Require facilities to test their emergency response 

program through notification, tabletop, and/or field exercises (Applies 

to all P2 and P3)

◦ Require “responding” and “non-responding” facilities to have annual 

notification exercise.

◦ Require “responding” facilities to conduct field exercise every 5 years and 

tabletop exercise in interim years and invite local responders to participate.

◦ Document all exercises.

OFFICE OF SOLID WASTE & EMERGENCY RESPONSE

OFFICE OF EMERGENCY MANAGEMENT
Information Sharing

26

Current Requirements: Facility RMP must be made available to the 

public and LEPC/first responders (data restrictions apply based on 

security concerns). (Applies to all facilities)

Issue to Address:Accessing and understanding the information in the 

plans can be challenging. Need to find a better way to make emergency 

response information easier to comprehend and ensure greater 

transparency w/o compromising security.

Proposed revisions add new disclosure elements: (Applies to all facilities)

◦ LEPCs and responders: Summaries of chemical hazard information; including 

incident investigation reports (with root cause findings); drill/exercise 

reports; compliance audits; accident history; and summary of the inherently 

safer technologies implemented or planned to be implemented.

◦ General public: Providing existing public information in an easy format. 

◦ Public meetings: Occur once every five years and within 30 days of a 

reportable accident.

OFFICE OF SOLID WASTE & EMERGENCY RESPONSE

OFFICE OF EMERGENCY MANAGEMENT
Some Issues to Consider

Will there will be sufficient availability of independent third parties to 

conduct compliance audits?

How to define a “near miss” that will require an incident investigation and 

root cause analysis?

What is the proper scope of safer technologies and alternatives analyses 

and feasibility studies?

What will be the impact of improved coordination with local responders, 

and how will this affect the universe of responding and non-responding 

RMP-subject facilities?

What is the proper frequency and scope of exercises?

What types of information are appropriate to share to improve emergency 

coordination with local responders and help fence-line communities 

understand the risks of accidents at neighboring RMP facilities?

OFFICE OF SOLID WASTE & EMERGENCY RESPONSE

OFFICE OF EMERGENCY MANAGEMENT 27
OFFICE OF SOLID WASTE & EMERGENCY RESPONSE

OFFICE OF EMERGENCY MANAGEMENT

Type of Cost Estimated Compliance 

Cost1 Notes

Third-party Compliance Audits $18,000 to $48,000 Applies to facilities with P2 and P3 processes after an RMP 

reportable accident.

Incident Investigation Root Cause 

Analysis 

$1,000 to $5,000 Applies to facilities with P2 and P3 processes only after an RMP 

reportable accident or a near miss.

Safer Technologies and Alternatives 

Analysis

$21,000 to $49,000 

per process

Applies to facilities in select NAICS codes with P3 processes. 

Occurs once every 5 years.

Coordination with local responders $300 to $400 Applies to P2 and P3 facilities. Occurs annually.

New Responder Costs (estimated costs that may apply if a current non-responding facility becomes a responding facility as a result of 

local coordination activities)

Develop Plan $2,000 to $8,000 Initial year costs. New responders will also be subject to 

exercises costs below. Train employees $11,000 to $65,000

Purchase equipment $50,000 to $60,000

Emergency Response Exercises (P2 and P3)

Notification drills $100 to $200 Applies to both responders and non-responders. Occurs 

annually.

Tabletop exercises $5,000 to $24,000 Applies to responding facilities. Tabletop exercises occur 

annually except on the year of a field exercises which occurs 

once every five years.

Field exercises $8,000 to $66,000

Information Sharing (All RMP facilities)

LEPC/local responders $4,000 to $10,000 These ranges represent the combined costs for all required 

reports. Costs will vary on an annual basis based on which 

reports must be submitted.

Public $100 to $1,400 Update annually.

Public meetings $1,000 to $4,000 Occurs once every 5 years and after a reportable accident.

1 Compliance cost ranges are based on number of processes at the facility and/or number of employees.

Preliminary Estimated Unit Costs (in actual $)*

* Sources for 

estimate 

include 

technical 

literature, 

public 

comments, 

other similar 

programs, RMP 

database, and 

EPA labor 

models 

28
Key Next Steps in Panel 

Process

September 10, 2015: EPA/OP sends the Pre-Panel Outreach Package to 

potential SERs

September 22, 2015: Pre-panel SER Outreach meeting

October 6, 2015: Potential SERs submit written comments to SBAC

October 20, 2015: Small Business Advocacy Review (SBAR) Panel convenes 

October 20, 2015: EPA/OP sends Panel Outreach Package to SERs

November 3, 2015: Panel SER Outreach Meeting

November 18, 2015: SERs submit written comments to SBAC 

December 19, 2015: Panel Report is complete and signed by the three Panel 

agencies (EPA/OMB/SBA)

OFFICE OF SOLID WASTE & EMERGENCY RESPONSE OFFICE OF 

EMERGENCY MANAGEMENT 29

*Dates shown here are tentative; EPA will send notice of the next Panel Outreach Meeting in October. 
Questions?

OFFICE OF SOLID WASTE & EMERGENCY RESPONSE

OFFICE OF EMERGENCY MANAGEMENT

30
Additional 

Information

ON CHEMICAL SAFETY AND SECURITY 

REGULATIONS AND THE RMP PROGRAM

OFFICE OF SOLID WASTE & EMERGENCY RESPONSE

OFFICE OF EMERGENCY MANAGEMENT

31
Program level 3 NAICS codes*

32211 Pulp mills

32411 Petroleum refineries

32511 Petrochemical manufacturing

325181 Alkali & chlorine manufacturing

325188 All other basic inorganic chemical manufacturing

325192 Cyclic crude & intermediate manufacturing

325199 All other basic organic chemical manufacturing

325211 Plastics material & resin manufacturing

325311 Nitrogenous fertilizer manufacturing

32532 Pesticide & other agricultural chemical 

manufacturing 

* based on 2002 NAICS listing

OFFICE OF SOLID WASTE & EMERGENCY RESPONSE

OFFICE OF EMERGENCY MANAGEMENT 32
Additional RMP requirements

There are additional RMP requirements not contained in 

PSM, including: 

◦ Management system

◦ Applies to Program 2 and 3 processes

◦ Assign a qualified person or position to be responsible for development, 

implementation, and integration of risk management program elements

◦ Hazard assessment

◦ Offsite consequence analysis: Hypothetical worst-case and alternative release 

scenarios

◦ Five year accident history: Document accidental releases from covered processes 

that resulted in deaths, injuries, significant property damage, environmental 

damage, evacuations or sheltering-in-place

◦ Prepare and submit RMP to EPA

◦ RMP must be updated at least every 5 years or when specified changes occur

OFFICE OF SOLID WASTE & EMERGENCY RESPONSE

OFFICE OF EMERGENCY MANAGEMENT 33
CAA Section 112(r)(3) – Listing Criteria

◦ List at least 100 substances known to cause death, 

injury, or serious adverse effects to human health or 

the environment if accidentally released

◦ Required EPA to use, but not be limited by, EPCRA EHS 

list, with appropriate modifications

◦ 16 specific substances mandated by statute

◦ Listing criteria

◦ Severity of acute adverse health effects

◦ Likelihood of accidental releases

◦ Potential magnitude of human exposure

OFFICE OF SOLID WASTE & EMERGENCY RESPONSE

OFFICE OF EMERGENCY MANAGEMENT 34
Substances Mandated for Listing by CAA

◦ Chlorine

◦ Anhydrous ammonia

◦ Methyl chloride

◦ Ethylene oxide

◦ Vinyl chloride

◦ Methyl isocyanate

◦ Hydrogen cyanide

◦ Ammonia

◦ Hydrogen sulfide

◦ Toluene diisocyanate

◦ Phosgene

◦ Bromine

◦ Anhydrous hydrogen chloride

◦ Hydrogen fluoride

◦ Anhydrous sulfur dioxide

◦ Sulfur trioxide

OFFICE OF SOLID WASTE & EMERGENCY RESPONSE

OFFICE OF EMERGENCY MANAGEMENT 35
Final List of Regulated Substances

◦ 77 toxic & 63 flammable substances listed based on:

◦ Toxicity:

◦ Inhalation LC50 ≤ 50 mg/L air

◦ Dermal LD50 ≤ 50 mg/kg body weight

◦ Oral LD50 ≤ 25 mg/kg body weight

◦ Ambient physical state:

◦ Gas

◦ Liquid with vapor pressure > 10 mm Hg

◦ Flammability: NFPA 4 flammability (Flash point < 73oF, Boiling 

point < 100oF)

◦ Production volume & accident history

OFFICE OF SOLID WASTE & EMERGENCY RESPONSE

OFFICE OF EMERGENCY MANAGEMENT 36
PSM Retail Exemption*

◦ On July 22, 2015, OSHA issued a revised interpretation to the PSM 

retail exemption at 29 CFR 1910.119(a)(2)(i). 

◦ The revised interpretation states that only facilities in NAICS codes 

44 and 45, the retail trade, are eligible for the retail exemption.

◦ When this revision goes into effect, most of the RMP program level 

2 facilities (mostly agricultural chemical distributors) will be subject 

to OSHA PSM and will move from Program level 2 to Program level 

3.

OFFICE OF SOLID WASTE & EMERGENCY RESPONSE

OFFICE OF EMERGENCY MANAGEMENT 37

*https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=29528
DHS CFATS regulations

Chemical Facility Anti-terrorism Standards (CFATS) was authorized in 

Homeland Security Appropriations Act of 2007, published at 6 CFR Part 

27 and includes the following requirements:

◦ Chemicals of Interest (COI) list with over 300 chemicals

◦ Most COI derived from existing chemical lists:

◦ EPA RMP list

◦ DOT Hazardous Materials

◦ Poisonous by Inhalation

◦ Explosives

◦ Department of Commerce Chemical Weapons Convention list

◦ Screening Threshold Quantities (STQs) based on release, theft, sabotage

◦ Facilities with COI > STQ must submit Top Screen to DHS

◦ Facilities designated by DHS as high-risk must:

◦ Complete security vulnerability assessment (SVA)

◦ Prepare & implement site security plan (SSP) addressing 18 risk-based performance 

standards (RBPS – listed on slide 39).

OFFICE OF SOLID WASTE & EMERGENCY RESPONSE

OFFICE OF EMERGENCY MANAGEMENT 38
39

CFATS RBPS

1. Restrict Area Perimeter

2. Secure Site Assets

3. Screen & Control Access

4. Deter, Detect & Delay

5. Shipping, Receipt & Storage

6. Theft & Diversion

7. Sabotage

8. Cyber

9. Response

10. Monitoring

11. Training

12. Personnel Surety

13. Elevated Threats

14. Specific Threats, 

Vulnerabilities or Risks

15. Reporting of Significant 

Security Incidents

16. Significant Security Incidents 

& Suspicious Activities

17. Officials & Organization

18. Records

OFFICE OF SOLID WASTE & EMERGENCY RESPONSE

OFFICE OF EMERGENCY MANAGEMENT