Florida Accidental Release Prevention and Risk Management Planning (ARP/RMP) Act State Emergency Response Commission Preparing for Facility Risk Management Plan Audits Department of Community Affairs, Division of Emergency Management

Florida DCA received delegation to implement Section 112(r) & Risk Management Program regulations. Florida’s RMP Program fits well with DCA’s existing emergency planning and response programs (Division of Emergency Management & EPCRA Program). Florida State Emergency Response Commission - SERC Involvement. Program’s Philosophy - Emphasizes technical assistance to facilities to achieve compliance with RMP requirements to reduce occurrence of chemical accidents. Background Information

To reduce & prevent accidental chemical releases. To reduce the severity & minimize the consequences of chemical releases. To improve coordination & communication between regulated facilities & local emergency preparedness & response agencies to improve emergency response. Purpose of Section 112(r) and the Risk Management Program Requirements

Drinking water treatment plants Wastewater treatment plants Food and cold storage facilities Ammonia retailers Chlorine repackagers and distributors Chemical manufacturers Utilities Petrochemical facilities Pulp mills Fertilizer producers Swimming pool service/supply businesses Military, energy installations (mostly federal facilities) Facilities Typically Regulated Under RMP:

Regulated processes assigned to one of three program levels, based on: G Potential for off-site consequences G Accident history G OSHA Process Safety Management (PSM) G Within certain Standard Industrial Classification (SIC) Codes identified as having significant accident history. < Program 1 - no offsite impacts < Program 2 - streamlined prevention program (7 components) < Program 3 - full RMP program (12 components) Program Level Screening for Regulated Processes

No offsite accident history in previous 5 years. No offsite consequences associated with WCR. No public receptors located w/in distance to toxic or flammable endpoints. Emergency response procedures between facility & local response agencies. * Mostly remotely located facilities or processes using listed flammables. Program Level 1 Process:

Public receptors w/in distance to toxic or flammable endpoints. Accident history Not eligible for Program 1 AND Process subject to OSHA PSM Standard (29 CFR ) OR Process is in SIC Code with significant accident history Program Level 3 Processes:

Public receptors w/in distance to toxic or flammable endpoints. Accident history. Not eligible for Program 1 or 3 ‚ Florida Facilities - Majority of processes are Program 2 or Program 3 processes. Program Level 2 Processes:

If facilities use, store, manufacture, or process substances on the Section 112(r) list above TQ, must develop and implement a Risk Management Program. Section 112(r) Listed Chemicals - 77 Toxic Substances & 63 Flammable Substances. Most Common in Florida - Ammonia, Chlorine, Sulfur Dioxide, Hydrochloric Acid, Hydrofluoric acid, & Nitric acid. Requirements & Complexity vary based on Program Level of Process. Overview of Risk Management Program Requirements

S Hazard Assessment ‚ Off-Site Consequence Analysis G Worst-Case Release Scenario - All G Alternative Release Scenario - Programs 2 & 3 ‚ 5-Year Accident History - All S Document Management Program - Programs 2 & 3 S Prevention Program - Programs 2 (streamlined version) & 3 (comprehensive) S An Emergency Response Program - Programs 2 & 3 (Note: Program 1 requires coordination with local response agencies) Major Elements of a Risk Management Program:

Risk Management Plan (RMP) - Summary of facility’s Risk Management Program must be submitted to the EPA’s National RMP Reporting Center. The RMP contains: S Facility Registration S Hazard Assessment S Prevention Program S Emergency Response Program S Executive Summary S Certification Overview of RMP requirements, cont...

Specific Requirements for Program 2 & Program 3 comprehensive. Reference handouts & audit checklists. Required Prevention Program Components: G Safety information G Hazard review G Operating Procedures G Training G Maintenance G Compliance audits G Incident investigations Prevention Program (Program Level 2)

G Process Safety Information G Process Hazards Analysis G Operating Procedures G Training G Mechanical Integrity G Management of Change Prevention Program (Program Level 3) Required Prevention Program Components: G Pre-Startup Review G Compliance Audits G Incident Investigation G Employee Participation G Hot Work Permit G Contractor Program

Facilities with Program 1 processes must coordinate with local emergency response agencies. Facilities with Program 2 or Program 3 processes must coordinate with local emergency responders if employees not required to respond to chemical releases at facility. Must also have appropriate mechanisms in place to notify emergency responders. Emergency Response Program Requirements:

For Program 2 or 3 Facilities that will respond to chemical releases. Written ER program is developed & maintained onsite. Procedures/actions to be taken in event of chemical release. Procedures for notifying the public & local responders for releases. Information on first aid & medical treatment. Procedures for use of ER equipment & inspection, testing & maintenance. ERP Coordination with local responders. Training for employees. Emergency Response Program Requirements, cont...

< Audit Selection Criteria < Overview of DCA’s RMP Audit Process < On-Site Audit Findings < Available Technical Resources Preparing for Facility RMP Audits

Previous and current accident history of facility Overall accident history of other facilities in same industry Facility location & proximity to population centers Chemical characteristics & quantities of RMP-regulated chemicals on-site Compliance with or inspection by allied agency programs Results of compliance audits Neutral, random oversight Other factors deemed necessary by DCA to protect public safety & health. Audit Selection Criteria

Off-Site Audit Activities - Basic “Desk Audit” S Initial Phase of DCA’s RMP audit process. S Focuses on the data contained in RMP summary. S Compliance with plan requirements. S Use “Desk Audit” Checklist. S Determination of the following: ‚ Whether rule applies to facility ‚ Appropriate program level ‚ Completeness & adequacy of data submitted in RMP ‚ Review for completeness, accuracy, dates, & scenario data. Overview of the DCA’s RMP Audit Process

Second Phase of Desk Audit - Documentation Review Send audit notification letter requesting RMP supporting documentation. Request for PHA, training records, incident investigation reports, ERP, compliance audit reports. Use “Documentation Review / On-Site” Audit Checklist. Review of supporting documentation. This approach reduces time on site. Helps determine focus of audit visit. Schedule date(s) for on-site audit. Send notification of on-site audit. RMP Audit Process (cont...)

On-site audit activities - Focus on overall Risk Management Program S Plant Tour of facility’s process chemicals & operations. S Interview facility representatives. S Review of facility operations, procedures, supporting RMP documentation, etc. S Adequacy & completeness of RMP documentation. S Development & implementation of required RMP elements. S Emergency Response - Coordination with local response agencies. S Document findings - “On-Site” Audit Checklist. RMP Audit Process (cont...)

Review DCA’s Audit Checklists. Obtain & organize RMP supporting documentation prior to scheduled audit date. Include SOPs, hazard assessments, PHA & process safety information, training records, maintenance logs, MOC forms, ER procedures, etc.). Determine appropriate facility personnel to include in audit. Most of all... Don’t Worry! Our primary goal is compliance assistance ! What Can You Do to Prepare for an RMP Audit?

RMP Audit Team - Usually 2 persons LEPC Staff Contact invited to accompany team. Audit agenda & assignments faxed prior to visit date. Opening meeting (audit purpose/objectives, agenda, safety issues, etc.) Tour of facility’s regulated chemicals and processes. Review RMP supporting documentation. Interview facility representatives. Exit briefing (findings, identified deficiencies, recommendations, schedule for audit report, schedule for corrections, copy of audit checklist). What Should You Expect During an On-Site Audit?

DCA issues Preliminary Determination Report S Includes audit team’s observations, findings, recommendations. S Identifies deficiencies to be corrected S Identifies necessary revisions to RMP S Includes timetable(s) for correcting deficiencies and/or revising RMP What Should You Expect After an On-Site Audit?

What Should You Expect After an On-Site Audit? (cont...) Facility Response to Audit Report S Must be received within approved timetable(s) S Usually allow days for corrections & revisions. S Written request for extension prior to deadline date, if needed. S Upon receipt & review of requested information, DCA issues: ‚ Final Determination Report - If information correct & complete. ‚ Interim Audit Report - If additional information is necessary.

Ú WTPs & WWTPs Ú Ammonia refrigeration Ú Chlorine & Other Chemical Repackagers Inadequate documentation, development, and/or implementation of 1 or more prevention program components. “Bookshelf” & Generic Programs. Good program, but not implemented. Many facilities complying with technical aspects of program, but documentation incomplete. General On-Site Audit Findings: (Note: Based on 30 on-site RMP audits)

Hazard Assessments - Not available onsite; Incorrect modeling parameters. Incorrect program level status S Program Level 1 - Public receptors were identified within endpoint distances. S Program Level 2 - Refrigeration facilities subject to OSHA’s PSM. Most deficiencies to date pertained to: S Mechanical Integrity S Operating Procedures S Training Program S PHA Specific On-Site Audit Findings:

Mechanical Integrity - PM protocols not developed or implemented. Inspection and testing not performed. Minimal record keeping. Operating Procedures - Operating phases, limits not addressed. Mostly emergency shutdown & assignments. Training Program - Operator & Maintenance training incomplete. Documentation. PHA - incomplete hazard ID (such as hurricanes, overpressurization, equipment failure, human error, etc.) Specific On-Site Audit Findings:

Management of Change & Pre-Startup Safety reviews - not performed. Contractor Safety Program - Non-existent. Not implemented Emergency Response Program - Not coordinated with local responders. Procedures for ER equipment use & inspections not documented. Inadequate training. Other On-Site Audit Findings:

OSHA Process Safety Management - Program Level 3 processes SARA Title III / EPCRA - Tier Two reports Section 304 requirements - Accident Notification S Notify State Warning Point within 15 minutes of release S Other Related Regulations:

Contact DCA’s Risk Management Planning Program staff at: S (850) S (800) (Florida only) Florida’s RMP Program web page for state & federal requirements, audit checklists, step-by-step guidelines. Guidance documents, model RMP plans, other RMP resources also available from EPA Available Technical Assistance and Resources: