Inherently SaferInherently SaferTechnology WorkshopTechnology WorkshopNew Jersey DEPNew Jersey DEPBureau of Release PreventionBureau of Release PreventionJune 17, 2008June 17, 20082What Is ISTWhat Is ISTConcept first introduced by Dr. TrevorConcept first introduced by Dr. TrevorKletz,noted process safety expert, about 30 years agonoted process safety expert, about 30 years agoInherently Safer Chemical Processes, a LifeInherently Safer Chemical Processes, a LifeCycle ApproachCycle Approach, 1996, by the Center for, 1996, by the Center forChemical Process Safety of the AmericanChemical Process Safety of the AmericanInstitute of Chemical EngineersInstitute of Chemical EngineersNew Jersey is the only State or Federal agencyNew Jersey is the only State or Federal agencywith IST requirementswith IST requirementsContra Costa County California requires ISTContra Costa County California requires ISTreviewsreviews3IST is not New to the TCPA RuleIST is not New to the TCPA RuleIncorporated into the July 14, 2003 TCPA ruleIncorporated into the July 14, 2003 TCPA ruleApplied to newly designed and constructedApplied to newly designed and constructedcovered processescovered processes4Best Practices Standards and ISTBest Practices Standards and ISTSigned by the Attorney General and DEPSigned by the Attorney General and DEPCommissioner November 21, 2005 andCommissioner November 21, 2005 andapproved by the Governorapproved by the GovernorAuthority under the NJ Domestic SecurityAuthority under the NJ Domestic SecurityPreparedness ActPreparedness ActApplied to existing and new facilities in theApplied to existing and new facilities in theChemical SectorChemical Sector43 TCPA facilities43 TCPA facilitiesDue March 21, 2006Due March 21, 20065IST PrinciplesIST PrinciplesReduce the amount of ExtraordinarilyReduce the amount of ExtraordinarilyHazardous Substances (EHS)Hazardous Substances (EHS)Substitute less hazardous materialsSubstitute less hazardous materialsUsing EHS in the least hazardous processUsing EHS in the least hazardous processconditions or formconditions or formDesigning equipment and processes toDesigning equipment and processes tominimize the potential for equipment failureminimize the potential for equipment failureand human errorand human error6Application of ISTApplication of ISTCover the entire processCover the entire process–transportation, rawtransportation, rawmaterial receipt and handling, storage, processmaterial receipt and handling, storage, processequipment, treatment, product shipmentequipment, treatment, product shipmentApplies to the layers of protection of theApplies to the layers of protection of theprocess (i.e. some layer of protection alternativesprocess (i.e. some layer of protection alternativesmay be“inherently saferinherently safer”than others)than others)7IST success storiesIST success storiesSubstitution of a less hazardous substancewastewater treatment facilities have switched from usingchlorine to sodium hypochlorite for disinfection of theirtreated wastewater.electric generation and cogeneration plants substitutedanhydrous ammonia with aqueous ammonia for use in theirair pollution control systems.a facility switched from chlorine to bromochlorohydantoinfor use as an algicidein treating cooling water.8IST success storiesIST success storiesReduction in the amount of a hazardous substancestored on-sitea facility switched from bulk storage of liquid sulfur trioxideto on-site generation of gaseous sulfur trioxide for directconsumption into the process.a facility switched from bulk storage of chlorine to on-sitegeneration of ozone for disinfection of potable water.a facility switched from bulk storage of chlorine to on-sitegeneration of chlorine dioxide as a bleaching agent.9TCPA IST RuleTCPA IST RuleProposed in the April 16, 2007 New JerseyProposed in the April 16, 2007 New JerseyRegisterRegisterEffective upon May 5, 2008 New Jersey RegisterEffective upon May 5, 2008 New Jersey RegisterpublishingpublishingApplies to all TCPA facilities (Program 2 andApplies to all TCPA facilities (Program 2 andProgram 3, new and existing)Program 3, new and existing)Intended to provide improved risk reductionIntended to provide improved risk reductionPenalties for noncompliancePenalties for noncompliance10TCPA IST Rule RequirementsTCPA IST Rule RequirementsN.J.A.C. 7:31N.J.A.C. 7:31-3.6 and 4.123.6 and 4.12(a) IST review report must be submitted to DEP(a) IST review report must be submitted to DEPby September 2, 2008by September 2, 2008IST review report conducted under the BestIST review report conducted under the BestPractices Standards may be submitted toPractices Standards may be submitted tocomply(b) Update required every five years (on same(b) Update required every five years (on sameschedule with hazard review or PHA/RA), forschedule with hazard review or PHA/RA), fornew processes, and for major changesnew processes, and for major changes11TCPA IST Rule RequirementsTCPA IST Rule RequirementsN.J.A.C. 7:31N.J.A.C. 7:31-3.6 and 4.123.6 and 4.12(c) Conducted by team of qualified experts(c) Conducted by team of qualified expertswith expertise in environmental health andwith expertise in environmental health andsafety, chemistry, design and engineering,safety, chemistry, design and engineering,process controls and instrumentation,process controls and instrumentation,maintenance, production and operations, andmaintenance, production and operations, andchemical process safetychemical process safetyInclude front line workers and theirInclude front line workers and theirrepresentativesrepresentatives12TCPA IST Rule RequirementsTCPA IST Rule RequirementsN.J.A.C. 7:31N.J.A.C. 7:31-3.6(d) and 4.12(d)3.6(d) and 4.12(d)Analysis of the 4 IST principles and techniquesAnalysis of the 4 IST principles and techniquesto identify IST alternatives or combinations ofto identify IST alternatives or combinations ofalternatives that minimize or eliminate thealternatives that minimize or eliminate thepotential for an EHS releasepotential for an EHS release13TCPA IST Rule RequirementsTCPA IST Rule RequirementsN.J.A.C. 7:31N.J.A.C. 7:31-3.6(e) and 4.12(e)3.6(e) and 4.12(e)Determine whether IST is feasible, capable ofDetermine whether IST is feasible, capable ofbeing accomplished in a successful manner,being accomplished in a successful manner,taking into account factors:taking into account factors:EnvironmentalPublic health and safetyLegalTechnologicalEconomic14Feasibility FactorsFeasibility FactorsEnvironmental and Public Health and SafetyEnvironmental and Public Health and SafetyThere would be a significant negative environmentalThere would be a significant negative environmentalimpactConsideration of water resources, water pollution, airConsideration of water resources, water pollution, airpollution, solid and hazardous wastes, noise, etc.pollution, solid and hazardous wastes, noise, etc.The IST could decrease the hazard but would increaseThe IST could decrease the hazard but would increasethe overall riskthe overall riskThe risk would be shifted to another location where theThe risk would be shifted to another location where therisk would be the same or higherrisk would be the same or higherIf infeasibility claimed because of risk, need toIf infeasibility claimed because of risk, need todocument the difference in frequency and/ordocument the difference in frequency and/orconsequences with and without the ISTconsequences with and without the ISTAll qualitative and quantitativeAll qualitative and quantitative15Legal Feasibility FactorsLegal Feasibility FactorsThe IST would result in a conflict with existingThe IST would result in a conflict with existingfederal, state, or local lawsfederal, state, or local lawsThe IST would violate a license agreement andThe IST would violate a license agreement andthe license agreement cannot be modified andthe license agreement cannot be modified andmust remain in effectmust remain in effectQualitativeQualitative16Technological Feasibility FactorsTechnological Feasibility FactorsIs in conflict with Recognized and Generally AcceptedIs in conflict with Recognized and Generally AcceptedGood Engineering Practices (qualitative, cite referenceGood Engineering Practices (qualitative, cite referencedocuments)documents)Product quality specifications cannot be met (qualitativeProduct quality specifications cannot be met (qualitativeand quantitative)and quantitative)Availability of materials (qualitative and quantitative)Availability of materials (qualitative and quantitative)Space restrictions (qualitative and quantitative)Space restrictions (qualitative and quantitative)Impact on production rate (qualitative and quantitative)Impact on production rate (qualitative and quantitative)Commercially available, not intended to develop newCommercially available, not intended to develop newprocess from research stageprocess from research stage17Economic Feasibility FactorsEconomic Feasibility FactorsLife Cycle AnalysisLife Cycle AnalysisCapital investment, including design andCapital investment, including design andimplementationimplementationNet operating costsNet operating costsChange in the cost of materials including transportation andChange in the cost of materials including transportation andhandling related costshandling related costsChange in energy consumptionChange in energy consumptionChange in human costs such as number of operators, trainingChange in human costs such as number of operators, trainingAny other direct manufacturing costsAny other direct manufacturing costsNet regulatory compliance cost, change in feesNet regulatory compliance cost, change in feesDemolition and future cleanDemolition and future clean-up and disposal costup and disposal cost18Economic Feasibility FactorsEconomic Feasibility Factors“Not”affordability of an IST alternative relativeaffordability of an IST alternative relativeto theo/o’sfacilityfacilityGenerally feasible if IST has been successfullyGenerally feasible if IST has been successfullyapplied to similar processes, or similar situationsapplied to similar processes, or similar situations–focus on significant cost differencesfocus on significant cost differencesQuantitativeQuantitative–provide cost/benefit analysisprovide cost/benefit analysis19Documentation of Qualitative andDocumentation of Qualitative andQuantitative Infeasibility JustificationQuantitative Infeasibility JustificationVendor dataVendor dataEngineering Codes and StandardsEngineering Codes and StandardsReference books, published articles, reportsReference books, published articles, reportsCitations of Federal, State, or Local laws andCitations of Federal, State, or Local laws andregulationsregulationsIndustry organizations such as CCPS, IIAR,Industry organizations such as CCPS, IIAR,Chlorine InstituteChlorine InstituteRisk AssessmentRisk Assessment20IST Review ReportIST Review ReportN.J.A.C. 7:31N.J.A.C. 7:31-3.6(f) and 4.12(f)3.6(f) and 4.12(f)Identification of process, team members, completionIdentification of process, team members, completiondate, review methoddate, review methodIST questions asked and answeredIST questions asked and answeredList of IST already presentList of IST already presentList of additional IST identifiedList of additional IST identifiedList of IST selected to be implemented with scheduleList of IST selected to be implemented with scheduleList of infeasible ISTList of infeasible ISTWritten justification of infeasible IST. SubstantiateWritten justification of infeasible IST. Substantiateusing a qualitative and quantitative evaluation of theusing a qualitative and quantitative evaluation of thefeasibility factors.feasibility factors.21New Covered ProcessesNew Covered Processes4.2(g) deleted and replaced with similar4.2(g) deleted and replaced with similarrequirements at 3.4(e) and 4.11(e)requirements at 3.4(e) and 4.11(e)IST review report must be submitted with otherIST review report must be submitted with otherrequired documents for the new covered processrequired documents for the new covered processsubmittalsubmittal22Annual/Triennial ReportsAnnual/Triennial ReportsSubmit each IST review report completedSubmit each IST review report completedduring:during:Previous three years (for Program 2 triennial report)Previous three years (for Program 2 triennial report)-N.J.A.C. 7:31N.J.A.C. 7:31-3.3(b)63.3(b)6Previous year (for Program 3 annual report)Previous year (for Program 3 annual report)-N.J.A.C. 7:31N.J.A.C. 7:31-4.9(b)64.9(b)623Contact InformationContact InformationPaul Komosinsky, Section ChiefPaul Komosinsky, Section ChiefBureau of Release PreventionBureau of Release PreventionNJDEPStation Plaza 4, 22 S. Clinton Ave.Station Plaza 4, 22 S. Clinton Ave.P.O. Box 424P.O. Box 424Trenton, NJ 08625Trenton, NJ 08625-0424(609) 633(609) 633-0610paul.komosinsky@dep.state.nj.uspaul.komosinsky@dep.state.nj.us