UNITED STATES
DEPARTMENT OF LABOR

Employers shall develop a written plan of action regarding the implementation of employee participation. Employers shall consult with employees and representatives on conduct and development of process hazard analysis, and development of other elements of process safety management. Provide employees and their representatives Employers shall provide employees and their representatives access to process hazard analyses, and all other information required to be developed under this standard.

Employers shall develop a written plan of action regarding the implementation of employee participation. Employers shall consult with employees and representatives on conduct and development of process hazard analysis, and development of other elements of process safety management. Provide employees and their representatives Employers shall provide employees and their representatives access to process hazard analyses, and all other information required to be developed under this standard.

(Employers) (owner or operator) shall develop a written plan of action regarding the implementation of employee participation. (Employers) (owner or operator) shall consult with employees and their representatives on conduct and development of process hazard analysis, and development of other elements of process safety management. (Employers) (owner or operator) shall provide employees and their representatives with access to process hazard analyses and all other information required to be developed under this standard.

For every RMP Program 3 Process, the owner or operator shall provide the date of the most recent review or revision of employee participation plans. If the same information applies to more than one covered process, the owner or operator may provide the information only once, but shall indicate which process the information applies.

In accordance with the schedule set forth in (paragraph (e)(1) of this section) the (employer) shall complete a compilation of written process safety information before conducting any process hazard analysis required by the standard. The compilation of written process safety information is to enable the employer and employees involved in operating the process to identify and understand the hazards posed by those processes involving (highly hazardous chemicals). The process safety information shall include information pertaining to the hazards of the (highly hazardous chemicals) used or produced by the process, information pertaining to technology of the process, and information pertaining to the equipment in the process.

Information pertaining to the hazards of the highly hazardous chemicals in the process shall consist of at least the following:

• toxicity information;
• permissible exposure limits;
• physical data;
• reactivity data;
• corrosivity data;
• thermal and chemical stability data; and
• hazardous effects on inadvertant mixing of different materials that could foreseeably occur.

Note: Safety Data sheets meeting the requirements of 29 CFR 1910.1200(g) may be used to comply with this requirement to the extent they contain the information required by this subparagraph.

Information concerning the technology of the process shall include at least the following:

• A block flow diagram or simplified process flow diagram (See Appendix B to this section)
• process chemistry;
• maximum intended inventory;
• safe upper and lower limits such items as temperatures, pressures, flows, or compositions; and
• An evaluation of consequences of deviations, including those affecting the safety and health of employees.

Where the original technical information no longer exists, such information may be developed in conjunction with the process hazard analysis in sufficient detail to support the analysis.

Information pertaining to equipment in the process shall include:

• materials of construction;
• piping and instrument diagrams (P&ID's);
• electrical classification;
• relief system design and design basis;
• ventilation system design;
• design codes & standards employed;
• material and energy balances for processes built after May 26, 1992; and
• safety systems (e.g. interlocks, detection, or suppression systems). The employer shall document that equipment complies with recognized and generally accepted good engineering practices. For existing equipment designed and constructed in accordance with codes, standards, or practices that are no longer in general use, the employer shall determine and document that the equipment is designed, maintained, inspected, tested, and operating in a safe manner.

(Process Safety Information) (Safety Information):

In accordance with the schedule set forth in (paragraph (e)(1) of this section), the employer (owner or operator) shall complete (compile) a compilation of written process safety information before conducting any process hazard analysis required by the standard (and maintain the following up-to-date safety information related to the regulated substances, processes, and equipment):

The compilation of written process safety information is to enable the employer and the employees involved in operating the process to identify and understand the hazards posed by those processes involving highly hazardous chemicals. This process safety information shall include information pertaining to the hazards of the highly hazardous chemicals used or produced by the process, information pertaining to the technology of the process, and information pertaining to the equipment in the process.

Information pertaining to the hazards of the highly hazardous chemicals in the process shall consist of at least the following:

• toxicity information;
• permissible exposure limits;
• physical data;
• reactivity data;
• corrosivity data;
• thermal and chemical stability data;
• hazardous effects on inadvertent mixing of different materials that could foreseeably occur;

Note: Safety Data sheets meeting the requirements of 29 CFR 1910.1200(g) may be used to comply with this requirement to the extent they contain the information required by this subparagraph.

The owner or operator shall ensure that the process is designed in compliance with recognized and generally accepted good engineering practices. Compliance with Federal or state regulations that address industry-specific safe design or with industry-specific design codes and standards may be used to demonstrate compliance with this paragraph.

Information concerning the technology of the process shall include at least the following:

• A block flow diagram or simplified process flow diagram
• process chemistry;
• maximum intended inventory; (maximum intended inventory of equipment in which the regulated substances are stored or processed)
• safe upper and lower limits such items as temperatures, pressures, flows, or compositions (safe upper and lower temperatures, pressures, flows, and compositions) and;
• An evaluation of consequences of deviations, including those affecting the safety and health of employees.

Where the original technical information no longer exists, such information may be developed in conjunction with the process hazard analysis in sufficient detail to support the analysis.

Information pertaining to equipment in the process shall include:

• materials of construction;
• piping and instrument diagrams (P&ID's);
• electrical classification;
• relief system design and design basis;
• ventilation system design;
• design codes & standards employed (codes and standards used to design, build, and operate the process)
• material and energy balances for processes built after May 26, 1992 and;
• safety systems (e.g. interlocks, detection, or suppression systems) (Material Safety Data Sheets that meet the requirements of 29 CFR 1910.1200(g))
• (Equipment Specifications)

The employer (owner or operator) shall document (ensure) that equipment (the process is designed in compliance) complies with recognized and generally accepted good engineering practices. Compliance with Federal or state regulations that address industry-specific safe design or with industry-specific design codes and standards may be used to demonstrate compliance with this paragraph.

The owner or operator shall update the safety information if a major change occurs that makes the information inaccurate.

For existing equipment designed and constructed in accordance with codes, standards, or practices that are no longer in general use, the employer shall determine and document that the equipment is designed, maintained, inspected, tested, and operating in a safe manner.

For each RMP Program 2 process, the owner or operator shall provide the date of the most recent review or revision of the safety information and a list of Federal or state regulations or industry-specific design codes and standards used to demonstrate compliance with the safety information requirement. If the same information applies to more than one covered process, the owner or operator may provide the information only once, but shall indicate to which processes the information applies.

In accordance with the schedule set forth in (paragraph (e)(1) of this section) (section 68.67), the (employer) (owner or operator) shall complete a compilation of written process safety information before conducting any process hazard analysis required by the standard (rule). The compilation of written process safety information is to enable the employer and employees (owner or operator and the employees) involved in operating the process to identify and understand the hazards posed by those processes involving (highly hazardous chemicals) (regulated substances). The process safety information shall include information pertaining to the hazards of the (highly hazardous chemicals) (regulated substances) used or produced by the process, information pertaining to technology of the process, and information pertaining to the equipment in the process.

Information pertaining to the hazards of the (highly hazardous chemicals) (regulated substances) in the process shall consist of at least the following:

• toxicity information;
• permissible exposure limits;
• physical data;
• reactivity data;
• corrosivity data;
• thermal and chemical stability data; and
• hazardous effects (on) (of) inadvertant mixing of different materials that could foreseeably occur.

Note (To Paragraph (b)): (Material) Safety Data sheets meeting the requirements of 29 CFR 1910.1200(g) may be used to comply with this requirement to the extent they contain the information required by this subparagraph.

Information concerning the technology of the process shall include at least the following:

• A block flow diagram or simplified process flow diagram (See Appendix B to this section)
• process chemistry;
• maximum intended inventory;
• safe upper and lower limits such items as temperatures, pressures, flows, or compositions; and
• An evaluation of the consequences of deviations, including those affecting the safety and health of employees.

Where the original technical information no longer exists, such information may be developed in conjunction with the process hazard analysis in sufficient detail to support the analysis.

Information pertaining to equipment in the process shall include:

• materials of construction;
• piping and instrument diagrams (P&ID's);
• electrical classification;
• relief system design and design basis;
• ventilation system design;
• design codes & standards employed;
• material and energy balances for processes built after (May 26, 1992) (June 21, 1999); and
• safety systems (e.g. interlocks, detection, or suppression systems).

(The employer) (owner or operator) shall document that equipment complies with recognized and generally accepted good engineering practices.

For existing equipment designed and constructed in accordance with codes, standards, or practices that are no longer in general use, (the employer) (owner or operator) shall determine and document that the equipment is designed, maintained, inspected, tested, and operating in a safe manner.

For each RMP Program 3 process, the owner or operator shall provide the date on which the safety information was last reviewed or revised. If the same information applies to more than one covered process, the owner or operator may provide the information only once, but shall indicate to which processes the information applies.

The employer shall perform an initial process hazard analysis (hazard evaluation) on processes covered by this standard. The process hazard analysis shall be appropriate to the complexity of the process and shall identify, evaluate, and control the hazards involved in the process. Employers shall determine and document the priority order for conducting process hazard analyses based on a rationale which includes such considerations as extent of the process hazards, number of potentially affected employees, age of the process, and operating history of the process. The process hazard analysis shall be conducted as soon as possible, but not later than the following schedule:

• No less than 25 percent of the initial process hazards analyses shall be completed by May 26, 1994;
• No less than 50 percent of the initial process hazards analyses shall be completed by May 26, 1995;
• No less than 75 percent of the initial process hazards analyses shall be completed by May 26, 1996;

All initial process hazards analyses shall be completed by May 26, 1997.

Process hazards analyses completed after May 26, 1987 which meet the requirements of this paragraph are acceptable as initial process hazards analyses. These process hazard analyses shall be updated and revalidated, based on their completion date, in accordance with paragraph (e)(6) of this standard.

The employer shall use one or more of the following methodologies that are appropriate to determine and evaluate the hazards of the process being analyzed.

• What-If;
• Checklist;
• What-If/Checklist;
• Hazard and Operability Study (HAZOP);
• Failure Mode and Effects Analysis (FMEA);
• Fault Tree Analysis; or
• An appropriate equivalent methodology.

The process hazard analysis shall address:

• The hazards of the process;
• The identification of any previous incident which had a likely potential for catastrophic consequences in the workplace;
• Engineering and administrative controls applicable to the hazards and their interrelationships such as appropriate application of detection methodologies to provide early warning of releases. (Acceptable detection methods might include process monitoring and control instrumentation with alarms, and detection hardware such as hydrocarbon sensors);
• Consequences of failure of engineering and administrative controls;
• Facility siting;
• Human factors; and
• A qualitative evaluation of a range of the possible safety and health effects of failure of controls on employees in the workplace.

The process hazard analysis shall be performed by a team with expertise in engineering and process operations, and the team shall include at least one employee who has experience and knowledge specific to the process being evaluated. Also, one member of the team must be knowledgeable in the specific process hazard analysis methodology being used.

The employer shall establish a system to promptly address the team's findings and recommendations; assure that the recommendations are resolved in a timely manner and that the resolution is documented; document what actions are to be taken; complete actions as soon as possible; develop a written schedule of when these actions are to be completed; communicate the actions to operating, maintenance and other employees whose work assignments are in the process and who may be affected by the recommendations or actions.

At least every five (5) years after the completion of the initial process hazard analysis, the process hazard analysis shall be updated and revalidated by a team meeting the requirements in paragraph (e)(4) of this section, to assure that the process hazard analysis is consistent with the current process.

Employers shall retain process hazards analyses and updates or revalidations for each process covered by this section, as well as the documented resolution of recommendations described in paragraph (e)(5) of this section for the life of the process.

(Process Hazard Analysis) (Hazard Review)

The employer shall perform an initial process hazard analysis (hazard evaluation) on processes covered by this standard. The process hazard analysis shall be appropriate to the complexity of the process and shall identify, evaluate, and control the hazards involved in the process. Employers shall determine and document the priority order for conducting process hazard analyses based on a rationale which includes such considerations as extent of the process hazards, number of potentially affected employees, age of the process, and operating history of the process. The process hazard analysis shall be conducted as soon as possible, but not later than the following schedule:

• No less than 25 percent of the initial process hazards analyses shall be completed by May 26, 1994;
• No less than 50 percent of the initial process hazards analyses shall be completed by May 26, 1995;
• No less than 75 percent of the initial process hazards analyses shall be completed by May 26, 1996;

All initial process hazards analyses shall be completed by May 26, 1997.

Process hazards analyses completed after May 26, 1987 which meet the requirements of this paragraph are acceptable as initial process hazards analyses. These process hazard analyses shall be updated and revalidated, based on their completion date, in accordance with paragraph (e)(6) of this standard.

The employer shall use one or more of the following methodologies that are appropriate to determine and evaluate the hazards of the process being analyzed.

• What-If;
• Checklist;
• What-If/Checklist;
• Hazard and Operability Study (HAZOP);
• Failure Mode and Effects Analysis (FMEA);
• Fault Tree Analysis; or
• An appropriate equivalent methodology.

The owner or operator may use checklists developed by persons or organizations knowledgeable about the process and equipment as a guide to conducting the review. For processes designed to meet industry standards or Federal or state design rules, the hazard review shall, by inspecting all equipment, determine whether the process is designed, fabricated, and operated in accordance with the applicable standards or rules.

The process hazard analysis shall address: (The owner or operator shall conduct a review of the hazards associated with the regulated substances, process, and procedures. The review shall identify the following):

• The hazards of the (associated with the) process (and regulated substances);
• The identification of any previous incident which had a likely potential for catastrophic consequences in the workplace; (opportunities for equipment malfunctions or human errors that could cause an accidental release)
• Engineering and administrative controls applicable to the hazards and their interrelationships such as appropriate application of detection methodologies to provide early warning of releases. (Acceptable detection methods might include process monitoring and control instrumentation with alarms, and detection hardware such as hydrocarbon sensors) (The safeguards used or needed to control the hazards or prevent equipment malfunction or human error)
• Any steps used or needed to detect or monitor releases;
• Consequences of failure of engineering and administrative controls;
• Facility siting;
• Human factors; and
• A qualitative evaluation of a range of the possible safety and health effects of failure of controls on employees in the workplace.

The process hazard analysis shall be performed by a team with expertise in engineering and process operations, and the team shall include at least one employee who has experience and knowledge specific to the process being evaluated. Also, one member of the team must be knowledgeable in the specific process hazard analysis methodology being used.

The employer (owner or operator) shall (document) establish a system to promptly address the team's findings and recommendations (the results of the review); and ensure that the recommendations (problems identified) are resolved in a timely manner and that the resolution is documented; document what actions are to be taken; complete actions as soon as possible; develop a written schedule of when these actions are to be completed; communicate the actions to operating, maintenance and other employees whose work assignments are in the process and who may be affected by the recommendations or actions.

At least every five (5) years after the completion of the initial process hazard analysis, the process hazard analysis shall be updated and revalidated by a team meeting the requirements in paragraph (e)(4) of this section, to assure that the process hazard analysis is consistent with the current process. (The review shall be updated at least once every five years. The owner or operator shall also conduct reviews whenever a major change in the process occurs; all issues identified in the review shall be resolved before startup of the changed process.)

Employers shall retain process hazards analyses and updates or revalidations for each process covered by this section, as well as the documented resolution of recommendations described in paragraph (e)(5) of this section for the life of the process.

For each RMP Program 2 process, the owner or operator shall provide in the RMP:

• The date of completion of the most recent hazard review or update.
• The expected date of completion of any changes resulting from the hazard review;
• Major hazards identified;
• Process controls in use;
• Mitigation systems in use;
• Monitoring and detection systems in use; and
• Changes since the last hazard review.

If the same information applies to more than one covered process, the owner or operator may provide the information only once, but shall indicate to which processes the information applies.

The employer (owner or operator) shall perform an initial process hazard analysis (hazard evaluation) on processes covered by this standard (part). The process hazard analysis shall be appropriate to the complexity of the process and shall identify, evaluate, and control the hazards involved in the process. The Employers (owner or operator) shall determine and document the priority order for conducting process hazard analyses based on a rationale which includes such considerations as extent of the process hazards, number of potentially affected employees, age of the process, and operating history of the process. The process hazard analysis shall be conducted as soon as possible, but not later than the following schedule (June 21, 1999):

• No less than 25 percent of the initial process hazards analyses shall be completed by May 26, 1994;
• No less than 50 percent of the initial process hazards analyses shall be completed by May 26, 1995;
• No less than 75 percent of the initial process hazards analyses shall be completed by May 26, 1996;

All initial process hazards analyses shall be completed by May 26, 1997.

Process hazards analyses completed after May 26, 1987 (to comply with 29 CFR 1910.119(e) which meet the requirements of this paragraph are acceptable as initial process hazards analyses. These process hazard analyses shall be updated and revalidated, based on their completion date, in accordance with paragraph (e)(6) of this standard.

The employer (owner or operator) shall use one or more of the following methodologies that are appropriate to determine and evaluate the hazards of the process being analyzed.

• What-If;
• Checklist;
• What-If/Checklist;
• Hazard and Operability Study (HAZOP);
• Failure Mode and Effects Analysis (FMEA);
• Fault Tree Analysis; or
• An appropriate equivalent methodology.

The process hazard analysis shall address:

• The hazards of the process;
• The identification of any previous incident which had a likely potential for catastrophic consequences in the workplace;
• Engineering and administrative controls applicable to the hazards and their interrelationships such as appropriate application of detection methodologies to provide early warning of releases. (Acceptable detection methods might include process monitoring and control instrumentation with alarms, and detection hardware such as hydrocarbon sensors);
• Consequences of failure of engineering and administrative controls;
• Facility siting; (stationary source siting)
• Human factors; and
• A qualitative evaluation of a range of the possible safety and health effects of failure of controls on employees in the workplace.

The process hazard analysis shall be performed by a team with expertise in engineering and process operations, and the team shall include at least one employee who has experience and knowledge specific to the process being evaluated. Also, one member of the team must be knowledgeable in the specific process hazard analysis methodology being used.

The employer (owner or operator) shall establish a system to promptly address the team's findings and recommendations; assure that the recommendations are resolved in a timely manner and that the resolution is documented; document what actions are to be taken; complete actions as soon as possible; develop a written schedule of when these actions are to be completed; communicate the actions to operating, maintenance and other employees whose work assignments are in the process and who may be affected by the recommendations or actions.

At least every five (5) years after the completion of the initial process hazard analysis, the process hazard analysis shall be updated and revalidated by a team meeting the requirements in paragraph (e)(4) (d) of this section, to assure that the process hazard analysis is consistent with the current process. Updated and revalidated process hazard analyses completed to comply with 29 CFR 1910.119(e) are acceptable to meet the requirements of this paragraph.

Employers (the owner or operator) shall retain process hazards analyses and updates or revalidations for each process covered by this section, as well as the documented resolution of recommendations described in paragraph (e)(5) of this section for the life of the process.

For each RMP Program 3 process, the owner or operator shall provide:

• the date of completion of the most recent PHA or update and the technique used
• the expected date of completion of any changes resulting from the PHA
• Major hazards identified;
• Process controls in use;
• Mitigation systems in use;
• Monitoring and detection systems in use; and
• Changes since the last PHA.

If the same information applies to more than one covered process, the owner or operator may provide the information only once, but shall indicate to which processes the information applies.

The employer shall develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with the process safety information and shall address at least the following elements.

Steps for each operating phase:

• Initial startup;
• Normal operations;
• Temporary operations;
• Emergency shutdown including the conditions under which emergency shutdown is required, and the assignment of shutdown responsibility to qualified operators to ensure that emergency shutdown is executed in a safe and timely manner.
• Emergency Operations;
• Normal shutdown; and,
• Startup following a turnaround, or after an emergency shutdown.

Operating limits:

• Consequences of deviation; and
• Steps required to correct or avoid deviation.

Safety and health considerations:

• Properties of, and hazards presented by, the chemicals used in the process;
• Precautions necessary to prevent exposure, including engineering controls, administrative controls, and personal protective equipment;
• Control measures to be taken if physical contact or airborne exposure occurs;
• Quality control for raw materials and control of hazardous chemical inventory levels; and,
• Any special or unique hazards.

Safety systems and their functions.

• Operating procedures shall be readily accessible to employees who work in or maintain a process.
• The operating procedures shall be reviewed as often as necessary to assure that they reflect current operating practice, including changes that result from changes in process chemicals, technology, and equipment, and changes to facilities. The employer shall certify annually that these operating procedures are current and accurate.
• The employer shall develop and implement safe work practices to provide for the control of hazards during operations such as lockout/tagout; confined space entry; opening process equipment or piping; and control over entrance into a facility by maintenance, contractor, laboratory, or other support personnel. These safe work practices shall apply to employees and contractor employees.

The employer (owner or operator) shall develop (prepare) and implement written operating procedures that provide clear instructions (or steps) for safely conducting activities involved in (associated with) each covered process consistent with the process safety information (for that process) and shall address at least the following elements. (Operating procedures or instructions provided by equipment manufacturers or developed by persons or organizations knowledgeable about the process and equipment may be used as a basis for a stationary source's operating procedures.)

Steps for each operating phase; The procedures shall address the following:

• Initial startup;
• Normal operations;
• Temporary operations;
• Emergency shutdown and operations including the conditions under which emergency shutdown is required, and the assignment of shutdown responsibility to qualified operators to ensure that emergency shutdown is executed in a safe and timely manner.
• Emergency Operations;
• Normal shutdown; and,
• Startup following a turnaround, or after an (a normal or) emergency shutdown (or a major change that requires a hazard review.)
• Operating limits:
• Consequences of deviation; and
• Steps required to correct or avoid deviation; and
• Equipment inspections

Safety and health considerations:

• Properties of, and hazards presented by, the chemicals used in the process;
• Precautions necessary to prevent exposure, including engineering controls, administrative controls, and personal protective equipment;
• Control measures to be taken if physical contact or airborne exposure occurs;
• Quality control for raw materials and control of hazardous chemical inventory levels; and,
• Any special or unique hazards.

Safety sytems and their functions:

• Operating procedures shall be readily accessible to employees who work in or maintain a process.
• The operating procedures shall be reviewed as often as necessary to assure that they reflect current operating practice, including changes that result from changes in process chemicals, technology, and equipment, and changes to facilities. The employer (owner or operator) shall certify annually (ensure) that these operating procedures are current and accurate (updated, if necessary, whenever a major change occurs and prior to startup of the changed process.)
• The employer shall develop and implement safe work practices to provide for the control of hazards during operations such as lockout/tagout; confined space entry; opening process equipment or piping; and control over entrance into a facility by maintenance, contractor, laboratory, or other support personnel. These safe work practices shall apply to employees and contractor employees.

For each RMP Program 2 process, the owner or operator shall provide the date of the most recent review or revision of operating procedures. If the same information applies to more than one covered process, the owner or operator may provide the information only once, but shall indicate to which processes the information applies.

The employer (owner or operator) shall develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with the process safety information and shall address at least the following elements.

Steps for each operating phase:

• Initial startup;
• Normal operations;
• Temporary operations;
• Emergency shutdown including the conditions under which emergency shutdown is required, and the assignment of shutdown responsibility to qualified operators to ensure that emergency shutdown is executed in a safe and timely manner.
• Emergency Operations;
• Normal shutdown; and,
• Startup following a turnaround, or after an emergency shutdown.
• Operating limits:
• Consequences of deviation; and
• Steps required to correct or avoid deviation.

Safety and health considerations:

• Properties of, and hazards presented by, the chemicals used in the process;
• Precautions necessary to prevent exposure, including engineering controls, administrative controls, and personal protective equipment;
• Control measures to be taken if physical contact or airborne exposure occurs;
• Quality control for raw materials and control of hazardous chemical inventory levels; and,
• Any special or unique hazards.
• Safety systems and their functions.
• Operating procedures shall be readily accessible to employees who work in or maintain a process.
• The operating procedures shall be reviewed as often as necessary to assure that they reflect current operating practice, including changes that result from changes in process chemicals, technology, and equipment, and changes to facilities (stationary sources). The employer (owner or operator) shall certify annually that these operating procedures are current and accurate.
• The employer (owner or operator) shall develop and implement safe work practices to provide for the control of hazards during operations such as lockout/tagout; confined space entry; opening process equipment or piping; and control over entrance into a facility (stationary source) by maintenance, contractor, laboratory, or other support personnel. These safe work practices shall apply to employees and contractor employees.

For each Program 3 process, the owner or operator shall provide the date of the most recent review or revision of operating procedures. If the same information applies to more than one covered process, the owner or operator may provide the information only once, but shall indicate to which processes the information applies.

Initial Training. Each employee presently involved in operating a process, and each employee before being involved in operating a newly assigned process, shall be trained in an overview of the process and in the operating procedures as specified in paragraph (f) of this section. The training shall include emphasis on the specific safety and health hazards, emergency operations including shutdown, and safe work practices applicable to the employee's job tasks.

In lieu of initial training for those employees already involved in operating a process on May 26, 1992, an employer may certify in writing that the employee has the required knowledge, skills, and abilities to safely carry out the duties and responsibilities as specified in the operating procedures.

Refresher training shall be provided at least every three years, and more often if necessary, to each employee involved in operating a process to assure that the employee understands and adheres to the current operating procedures of the process. The employer, in consultation with the employees involved in operating the process, shall determine the appropriate frequency of refresher training.

Training documentation. The employer shall ascertain that each employee involved in operating a process has received and understood the training required by this paragraph. The employer shall prepare a record which contains the identity of the employee, the date of training, and the means used to verify that the employee understood the training.

Initial Training. The owner or operator shall ensure that each employee presently involved in operating a process, and each employee before being involved in operating a newly assigned process (newly assigned to a covered process), shall be (have been) trained (or tested competent) in an overview of the process and in the operating procedures as specified in paragraph (f) of this section (provided in 68.52 that pertain to their duties). The training shall include emphasis on the specific safety and health hazards, emergency operations including shutdown, and safe work practices applicable to the employee's job tasks.

In lieu of initial training for those employees already involved in operating a process on May 26, 1992, (for those employees already operating a process on June 21, 1999,) an employer (the owner or operator) may certify in writing that the employee has the required knowledge, skills, and abilities to safely carry out the duties and responsibilities as specified (provided) in the operating procedures.

Refresher training shall be provided at least every three years, and more often if necessary, to each employee involved in (operating a process) to ensure that the employee understands and adheres to the current operating procedures of the process. The employer (owner or operator), in consultation with the employees involved in operating the process, shall determine the appropriate frequency of refresher training.

The owner or operator may use training conducted under Federal or state regulations or under industry-specific standards or codes or training conducted by covered process equipment vendors to demonstrate compliance with this section to the extent that the training meets the requirements of this section.

Training documentation. The employer (owner or operator) shall ascertain (ensure) that each employee involved in operating a process (operators) has received and understood the training required by this paragraph (are trained in any updated or new procedures prior to startup of a process after a major change). The employer shall prepare a record which contains the identity of the employee, the date of training, and the means used to verify that the employee understood the training.

For each RMP Program 2 process, the owner or operator shall provide in the RMP the date of the most recent review or revision of training programs; the type of training provided-classroom, classroom plus on the job, on the job; and the type of competency testing used. If the same information applies to more than one covered process, the owner or operator may provide the information only once, but shall indicate to which processes the information applies.

Initial Training. Each employee presently involved in operating a process, and each employee before being involved in operating a newly assigned process, shall be trained in an overview of the process and in the operating procedures as specified in paragraph (f) of this section (in §68.69). The training shall include emphasis on the specific safety and health hazards, emergency operations including shutdown, and safe work practices applicable to the employee's job tasks.

In lieu of initial training for those employees already involved in operating a process on May 26, 1992 (June 21, 1999), an employer (owner or operator) may certify in writing that the employee has the required knowledge, skills, and abilities to safely carry out the duties and responsibilities as specified in the operating procedures.

Refresher training shall be provided at least every three years, and more often if necessary, to each employee involved in operating a process to assure that the employee understands and adheres to the current operating procedures of the process. The employer (owner or operator), in consultation with the employees involved in operating the process, shall determine the appropriate frequency of refresher training.

Training documentation. The employer (owner or operator) shall ascertain that each employee involved in operating a process has received and understood the training required by this paragraph. The employer (owner or operator) shall prepare a record which contains the identity of the employee, the date of training, and the means used to verify that the employee understood the training.

For each RMP Program 3 process, the owner or operator shall provide in the RMP the date of the most recent review or revision of training programs; the type of training provided-classroom, classroom plus on the job, on the job; and the type of competency testing used. If the same information applies to more than one covered process, the owner or operator may provide the information only once, but shall indicate to which processes the information applies.

Application. This paragraph applies to contractors performing maintenance or repair, turnaround, major renovation, or specialty work on or adjacent to a covered process. It does not apply to contractors providing incidental services which do not influence process safety, such as janitorial work, food and drink services, laundry, delivery or other supply services.

Employer responsibilities.

The employer, when selecting a contractor, shall obtain and evaluate information regarding the contract employer's safety performance and programs.

The employer shall inform contract employers of the known potential fire, explosion, or toxic release hazards related to the contractor's work and the process.

The employer shall explain to contract employers the applicable provisions of the emergency action plan required by paragraph (n) of this section.

The employer shall develop and implement safe work practices consistent with paragraph (f)(4) of this section, to control the entrance, presence and exit of contract employers and contract employees in covered process areas.

The employer shall periodically evaluate the performance of contract employers in fulfilling their obligations as specified in paragraph (h)(3) of this section.

The employer shall maintain a contract employee injury and illness log related to the contractor's work in process areas.

Contract employer responsibilities.

The contract employer shall assure that each contract employee is trained in the work practices necessary to safely perform his/her job.

The contract employer shall assure that each contract employee is instructed in the known potential fire, explosion, or toxic release hazards related to his/her job and the process, and the applicable provisions of the emergency action plan.

The contract employer shall document that each contract employee has received and understood the training required by this paragraph. The contract employer shall prepare a record which contains the identity of the contract employee, the date of training, and the means used to verify that the employee understood the training.

The contract employer shall assure that each contract employee follows the safety rules of the facility including the safe work practices required by paragraph (f)(4) of this section.

The contract employer shall advise the employer of any unique hazards presented by the contract employer's work, or of any hazards found by the contract employer's work.

Application. This paragraph applies to contractors performing maintenance or repair, turnaround, major renovation, or specialty work on or adjacent to a covered process. It does not apply to contractors providing incidental services which do not influence process safety, such as janitorial work, food and drink services, laundry, delivery or other supply services.

Employer responsibilities.

The employer, when selecting a contractor, shall obtain and evaluate information regarding the contract employer's safety performance and programs.

The employer shall inform contract employers of the known potential fire, explosion, or toxic release hazards related to the contractor's work and the process.

The employer shall explain to contract employers the applicable provisions of the emergency action plan required by paragraph (n) of this section.

The employer shall develop and implement safe work practices consistent with paragraph (f)(4) of this section, to control the entrance, presence and exit of contract employers and contract employees in covered process areas.

The employer shall periodically evaluate the performance of contract employers in fulfilling their obligations as specified in paragraph (h)(3) of this section.

The employer shall maintain a contract employee injury and illness log related to the contractor's work in process areas.

Contract employer responsibilities.

The contract employer shall assure that each contract employee is trained in the work practices necessary to safely perform his/her job.

The contract employer shall assure that each contract employee is instructed in the known potential fire, explosion, or toxic release hazards related to his/her job and the process, and the applicable provisions of the emergency action plan.

The contract employer shall document that each contract employee has received and understood the training required by this paragraph. The contract employer shall prepare a record which contains the identity of the contract employee, the date of training, and the means used to verify that the employee understood the training.

The contract employer shall assure that each contract employee follows the safety rules of the facility including the safe work practices required by paragraph (f)(4) of this section.

The contract employer shall advise the employer of any unique hazards presented by the contract employer's work, or of any hazards found by the contract employer's work.

Application. This paragraph (section) applies to contractors performing maintenance or repair, turnaround, major renovation, or specialty work on or adjacent to a covered process. It does not apply to contractors providing incidental services which do not influence process safety, such as janitorial work, food and drink services, laundry, delivery or other supply services.

Employer responsibilities. (owner or operator responsibilities)

The employer (owner or operator), when selecting a contractor, shall obtain and evaluate information regarding the contract employer's (owner or operator's) safety performance and programs.

The employer (owner or operator) shall inform contract employers (owner or operator) of the known potential fire, explosion, or toxic release hazards related to the contractor's work and the process.

The employer (owner or operator) shall explain to contract employers (owner or operator) the applicable provisions of the emergency action plan required by paragraph (n) of this section (Subpart E of this part).

The employer (owner or operator) shall develop and implement safe work practices consistent with paragraph (f)(4) of this section (§68.69(d)), to control the entrance, presence and exit of contract employers (owner or operator) and contract employees in covered process areas.

The employer (owner or operator) shall periodically evaluate the performance of the contract employers (owner or operator) in fulfilling their obligations as specified in paragraph (h)(3) (c).

The employer shall maintain a contract employee injury and illness log related to the contractor's work in process areas.

Contract employer (owner or operator) responsibilities.

The contract employer (owner or operator) shall assure that each contract employee is trained in the work practices necessary to safely perform his/her job.

The contract employer (owner or operator) shall assure that each contract employee is instructed in the known potential fire, explosion, or toxic release hazards related to his/her job and the process, and the applicable provisions of the emergency action plan.

The contract employer (owner or operator) shall document that each contract employee has received and understood the training required by this paragraph (section). The contract employer (owner or operator) shall prepare a record which contains the identity of the contract employee, the date of training, and the means used to verify that the employee understood the training.

The contract employer (owner or operator) shall assure that each contract employee follows the safety rules of the facility (stationary source) including the safe work practices required by paragraph (f)(4) (§68.69(d)).

The contract employer (owner or operator) shall advise the employer (owner or operator) of any unique hazards presented by the contract employer's (owner or operator's) work, or of any hazards found by the contract employer's work.

For each RMP Program 3 process, the owner or operator shall provide the date of the most recent review or revision of contractor safety procedures; and the date of the most recent evaluation of contractor safety performance. If the same information applies to more than one covered process, the owner or operator may provide the information only once, but shall indicate to which processes the information applies.

The employer shall perform a pre-startup safety review for new facilities and for modified facilities when the modification is significant enough to require a change in the process safety information.

The pre-startup safety review shall confirm that prior to the introduction of highly hazardous chemicals to a process:

• Construction and equipment is in accordance with design specifications;
• Safety, operating, maintenance, and emergency procedures are in place and are adequate;
• For new facilities, a process hazard analysis has been performed and recommendations have been resolved or implemented before startup; and modified facilities meet the requirements contained in management of change, paragraph (l).
• Training of each employee involved in operating a process has been completed.

The employer shall perform a pre-startup safety review for new facilities and for modified facilities when the modification is significant enough to require a change in the process safety information.

The pre-startup safety review shall confirm that prior to the introduction of highly hazardous chemicals to a process:

• Construction and equipment is in accordance with design specifications;
• Safety, operating, maintenance, and emergency procedures are in place and are adequate;
• For new facilities, a process hazard analysis has been performed and recommendations have been resolved or implemented before startup; and modified facilities meet the requirements contained in management of change, paragraph (l).
• Training of each employee involved in operating a process has been completed.

Pre-startup safety review; Pre-startup review

The employer (owner or operator) shall perform a pre-startup safety review for new facilities (stationary sources) and for modified facilities (stationary sources) when the modification is significant enough to require a change in the process safety information.

The pre-startup safety review shall confirm that prior to the introduction of highly hazardous chemicals (regulated substances) to a process:

• Construction and equipment is in accordance with design specifications;
• Safety, operating, maintenance, and emergency procedures are in place and are adequate;
• For new facilities (stationary sources), a process hazard analysis has been performed and recommendations have been resolved or implemented before startup; and modified facilities (stationary sources) meet the requirements contained in management of change, paragraph (l) (§68.75).
• Training of each employee involved in operating a process has been completed.

For each RMP Program 3 process, the owner or operator shall provide the date of the most recent pre-startup review. If the same information applies to more than one covered process, the owner or operator may provide the information only once, but shall indicate to which processes the information applies.

Application. Paragraphs (j)(2) through (j)(6) of this section apply to the following process equipment:

• Pressure vessels and storage tanks;
• Piping systems (including piping components such as valves);
• Relief and vent systems and devices;
• Emergency shutdown systems;
• Controls (including monitoring devices and sensors, alarms, and interlocks); and
• Pumps.

Written procedures. The employer shall establish and implement written procedures to maintain the on-going integrity of process equipment.

Training for process maintenance activities. The employer shall train each employee involved in maintaining the on-going integrity of process equipment in an overview of that process and its hazards and in the procedures applicable to the employee's job tasks to assure that the employee can perform the job tasks in a safe manner.

Inspection and testing

Inspections and tests shall be performed on process equipment.

Inspection and testing procedures shall follow recognized and generally accepted good engineering practices.

The frequency of inspections and tests of process equipment shall be consistent with applicable manufacturers' recommendations and good engineering practices, and more frequently if determined to be necessary by prior operating experience.

The employer shall document each inspection and test that has been performed on process equipment. The documentation shall identify the date of the inspection or test, the name of the person who performed the inspection or test, the serial number or other identifier of the equipment on which the inspection or test was performed, a description of the inspection or test performed, and the results of the inspection or test.

Equipment deficiencies. The employer shall correct deficiencies in equipment that are outside acceptable limits (defined by the process safety information in paragraph (d) of this section) before further use or in a safe and timely manner when necessary means are taken to assure safe operation.

Quality assurance

In the construction of new plants and equipment, the employer shall assure that equipment as it is fabricated is suitable for the process application for which they will be used.

Appropriate checks and inspections shall be performed to assure that equipment is installed properly and consistent with design specifications and the manufacturer's instructions.

The employer shall assure that maintenance materials, spare parts and equipment are suitable for the process application for which they will be used.

Mechanical Integrity; Maintenance

Application. Paragraphs (j)(2) through (j)(6) of this section apply to the following process equipment:

• Pressure vessels and storage tanks;
• Piping systems (including piping components such as valves);
• Relief and vent systems and devices;
• Emergency shutdown systems;
• Controls (including monitoring devices and sensors, alarms, and interlocks); and
• Pumps.

Written procedures. The employer (owner or operator) shall establish (prepare) and implement written procedures to maintain the on-going mechanical integrity of the process equipment. The owner or operator may use procedures or instructions provided by covered process equipment vendors or procedures in Federal or state regulations or industry codes as the basis for stationary source maintenance procedures.

Training for process maintenance activities. The employer (owner or operator) shall train (or cause to be trained) each employee involved in maintaining the on-going (mechanical) integrity of the process equipment in an overview of that process and its hazards and in the procedures applicable to the employee's job tasks to assure (ensure) that the employee can perform the job tasks in a safe manner, each such employee shall be trained in the hazards of the process, in how to avoid or correct unsafe conditions.

Inspection and testing

Inspections and tests shall be performed on process equipment.

Inspection and testing procedures shall follow recognized and generally accepted good engineering practices.

The frequency of inspections and tests of process equipment shall be consistent with applicable manufacturers' recommendations (industry standards or codes, good engineering practices, and prior operating experience) and good engineering practices, and more frequently if determined to be necessary by prior operating experience.

The employer (owner or operator) shall document (perform or cause to be performed) each inspection and test that has been performed (inspections and tests) on process equipment. The documentation shall identify the date of the inspection or test, the name of the person who performed the inspection or test, the serial number or other identifier of the equipment on which the inspection or test was performed, a description of the inspection or test performed, and the results of the inspection or test.

Equipment deficiencies. The employer shall correct deficiencies in equipment that are outside acceptable limits (defined by the process safety information in paragraph (d) of this section) before further use or in a safe and timely manner when necessary means are taken to assure safe operation.

Quality assurance

In the construction of new plants and equipment, the employer shall assure that equipment as it is fabricated is suitable for the process application for which they will be used.

Appropriate checks and inspections shall be performed to assure that equipment is installed properly and consistent with design specifications and the manufacturer's instructions.

The employer shall assure that maintenance materials, spare parts and equipment are suitable for the process application for which they will be used.

Any maintenance contractor shall ensure that each contract maintenance employee is trained to perform the maintenance procedures developed under paragraph (a) of this section.

For each RMP Program 2 process, the owner or operator shall provide in the RMP the date of the most recent review or revision of maintenance procedures and the date of the most recent equipment inspection or test and the equipment inspected or tested. If the same information applies to more than one covered process, the owner or operator may provide the information only once, but shall indicate to which processes the information applies

Application. Paragraphs (j)(2) (b) through (j)(6) (f) of this section apply to the following process equipment:

• Pressure vessels and storage tanks;
• Piping systems (including piping components such as valves);
• Relief and vent systems and devices;
• Emergency shutdown systems;
• Controls (including monitoring devices and sensors, alarms, and interlocks); and
• Pumps.

Written procedures. The employer (owner or operator) shall establish and implement written procedures to maintain the on-going integrity of process equipment.

Training for process maintenance activities. The employer (owner or operator) shall train each employee involved in maintaining the on-going integrity of process equipment in an overview of that process and its hazards and in the procedures applicable to the employee's job tasks to assure that the employee can perform the job tasks in a safe manner.

Inspection and testing

Inspections and tests shall be performed on process equipment.

Inspection and testing procedures shall follow recognized and generally accepted good engineering practices.

The frequency of inspections and tests of process equipment shall be consistent with applicable manufacturers' recommendations and good engineering practices, and more frequently if determined to be necessary by prior operating experience.

The employer shall document each inspection and test that has been performed on process equipment. The documentation shall identify the date of the inspection or test, the name of the person who performed the inspection or test, the serial number or other identifier of the equipment on which the inspection or test was performed, a description of the inspection or test performed, and the results of the inspection or test.

Equipment deficiencies. The employer (owner or operator) shall correct deficiencies in equipment that are outside acceptable limits (defined by the process safety information in paragraph (d) (§68.65) before further use or in a safe and timely manner when necessary means are taken to assure safe operation.

Quality assurance

In the construction of new plants and equipment, the employer (owner or operator) shall assure that equipment as it is fabricated is suitable for the process application for which they will be used.

Appropriate checks and inspections shall be performed to assure that equipment is installed properly and consistent with design specifications and the manufacturer's instructions.

The employer (owner or operator) shall assure that maintenance materials, spare parts and equipment are suitable for the process application for which they will be used.

For each RMP Program 3 process, the owner or operator shall provide the date of the most recent review or revision of maintenance procedures and the date of the most recent equipment inspection or test and the equipment inspected or tested. If the same information applies to more than one covered process, the owner or operator may provide the information only once, but shall indicate to which processes the information applies.

The employer shall issue a hot work permit for hot work operations conducted on or near a covered process.

The permit shall document that the fire prevention and protection requirements in 29 CFR 1910.252(a) have been implemented prior to beginning the hot work operations; it shall indicate the date(s) authorized for hot work; and identify the object on which hot work is to be performed. The permit shall be kept on file until completion of the hot work operations.

The employer shall issue a hot work permit for hot work operations conducted on or near a covered process.

The permit shall document that the fire prevention and protection requirements in 29 CFR 1910.252(a) have been implemented prior to beginning the hot work operations; it shall indicate the date(s) authorized for hot work; and identify the object on which hot work is to be performed. The permit shall be kept on file until completion of the hot work operations.

The employer (owner or operator) shall issue a hot work permit for hot work operations conducted on or near a covered process.

The permit shall document that the fire prevention and protection requirements in 29 CFR 1910.252(a) have been implemented prior to beginning the hot work operations; it shall indicate the date(s) authorized for hot work; and identify the object on which hot work is to be performed. The permit shall be kept on file until completion of the hot work operations.

For each RMP Program 3 process, the owner or operator shall provide the date of the most recent review or revision of hot work permit procedures. If the same information applies to more than one covered process, the owner or operator may provide the information only once, but shall indicate to which processes the information applies.

The employer shall establish and implement written procedures to manage changes (except for "replacements in kind") to process chemicals, technology, equipment, and procedures; and, changes to facilities that affect a covered process.

The procedures shall assure that the following considerations are addressed prior to any change:

• The technical basis for the proposed change;
• Impact of change on safety and health;
• Modifications to operating procedures;
• Necessary time period for the change; and,
• Authorization requirements for the proposed change.

Employees involved in operating a process and maintenance and contract employees whose job tasks will be affected by a change in the process shall be informed of, and trained in, the change prior to start-up of the process or affected part of the process.

If a change covered by this paragraph results in a change in the process safety information required by paragraph (d) of this section, such information shall be updated accordingly.

If a change covered by this paragraph results in a change in the operating procedures or practices required by paragraph (f) of this section, such procedures or practices shall be updated accordingly.

The employer shall establish and implement written procedures to manage changes (except for "replacements in kind") to process chemicals, technology, equipment, and procedures; and, changes to facilities that affect a covered process.

The procedures shall assure that the following considerations are addressed prior to any change:

• The technical basis for the proposed change;
• Impact of change on safety and health;
• Modifications to operating procedures;
• Necessary time period for the change; and,
• Authorization requirements for the proposed change.

Employees involved in operating a process and maintenance and contract employees whose job tasks will be affected by a change in the process shall be informed of, and trained in, the change prior to start-up of the process or affected part of the process.

If a change covered by this paragraph results in a change in the process safety information required by paragraph (d) of this section, such information shall be updated accordingly.

If a change covered by this paragraph results in a change in the operating procedures or practices required by paragraph (f) of this section, such procedures or practices shall be updated accordingly.

The employer (owner or operator) shall establish and implement written procedures to manage changes (except for "replacements in kind") to process chemicals, technology, equipment, and procedures; and, changes to facilities (stationary sources) that affect a covered process.

The procedures shall assure that the following considerations are addressed prior to any change:

• The technical basis for the proposed change;
• Impact of change on safety and health;
• Modifications to operating procedures;
• Necessary time period for the change; and,
• Authorization requirements for the proposed change.

Employees involved in operating a process and maintenance and contract employees whose job tasks will be affected by a change in the process shall be informed of, and trained in, the change prior to start-up of the process or affected part of the process.

If a change covered by this paragraph results in a change in the process safety information required by paragraph (d) of this section (§68.65 of this part), such information shall be updated accordingly.

If a change covered by this paragraph results in a change in the operating procedures or practices required by paragraph (f) of this section (§68.69), such procedures or practices shall be updated accordingly.

For each RMP Program 3 process, the owner or operator shall provide the date of the most recent change that triggered management of change procedures and the date of the most recent review or revision of management of change procedures.

The employer shall investigate each incident which resulted in, or could reasonably have resulted in a catastrophic release of highly hazardous chemical in the workplace.

An incident investigation shall be initiated as promptly as possible, but not later than 48 hours following the incident.

An incident investigation team shall be established and consist of at least one person knowledgeable in the process involved, including a contract employee if the incident involved work of the contractor, and other persons with appropriate knowledge and experience to thoroughly investigate and analyze the incident.

A report shall be prepared at the conclusion of the investigation which includes at a minimum:

• Date of incident;
• Date investigation began;
• A description of the incident;
• The factors that contributed to the incident; and,
• Any recommendations resulting from the investigation.

The employer shall establish a system to promptly address and resolve the incident report findings and recommendations. Resolutions and corrective actions shall be documented.

The report shall be reviewed with all affected personnel whose job tasks are relevant to the incident findings including contract employees where applicable.

Incident investigation reports shall be retained for five years.

The employer (owner or operator) shall investigate each incident which resulted in, or could reasonably have resulted in a catastrophic release of highly hazardous chemical in the workplace.

An incident investigation shall be initiated as promptly as possible, but not later than 48 hours following the incident.

An incident investigation team shall be established and consist of at least one person knowledgeable in the process involved, including a contract employee if the incident involved work of the contractor, and other persons with appropriate knowledge and experience to thoroughly investigate and analyze the incident.

A report (summary) shall be prepared at the conclusion of the investigation which includes at a minimum:

• Date of incident;
• Date investigation began;
• A description of the incident;
• The factors that contributed to the incident; and,
• Any recommendations resulting from the investigation.

The employer (owner or operator) shall establish a system to promptly address and resolve the incident report (investigation) findings and recommendations. Resolutions and corrective actions shall be documented.

The report (findings) shall be reviewed with all affected personnel whose job tasks are relevant to the incident findings including contract employees where applicable (affected by the findings).

Incident investigation reports (summaries) shall be retained for five years.

For each RMP Program 2 process, the owner or operator shall provide the date of the most recent incident investigation and the expected date of completion of any changes resulting from the investigation. If the same information applies to more than one covered process, the owner or operator may provide the information only once, but shall indicate to which processes the information applies.

The employer (owner or operator) shall investigate each incident which resulted in, or could reasonably have resulted in a catastrophic release of highly hazardous chemical in the workplace (of a regulated substance).

An incident investigation shall be initiated as promptly as possible, but not later than 48 hours following the incident.

An incident investigation team shall be established and consist of at least one person knowledgeable in the process involved, including a contract employee if the incident involved work of the contractor, and other persons with appropriate knowledge and experience to thoroughly investigate and analyze the incident.

A report shall be prepared at the conclusion of the investigation which includes at a minimum:

• Date of incident;
• Date investigation began;
• A description of the incident;
• The factors that contributed to the incident; and,
• Any recommendations resulting from the investigation.

The employer (owner or operator) shall establish a system to promptly address and resolve the incident report findings and recommendations. Resolutions and corrective actions shall be documented.

The report shall be reviewed with all affected personnel whose job tasks are relevant to the incident findings including contract employees where applicable.

Incident investigation reports shall be retained for five years.

For each RMP Program 3 process, the owner or operator shall provide the date of the most recent incident investigation and the expected date of completion of any changes resulting from the investigation. If the same information applies to more than one covered process, the owner or operator may provide the information only once, but shall indicate to which processes the information applies.

The employer shall establish and implement an emergency action plan for the entire plant in accordance with the provisions of 29 CFR 1910.38. In addition, the emergency action plan shall include procedures for handling small releases. Employers covered under this standard may also be subject to the hazardous waste and emergency response provisions contained in 29 CFR 1910.120 (a), (p) and (q).

The owner or operator shall provide in the RMP the following information:

1. Do you have a written emergency response plan?
2. Does the plan include specific actions to be taken in response to an accidental releases of a regulated substance?
3. Does the plan include procedures for informing the public and local agencies responsible for responding to accidental releases?
4. Does the plan include information on emergency health care?
5. The date of the most recent review or update of the emergency response plan;
6. The date of the most recent emergency response training for employees.

The owner or operator shall provide the name and telephone number of the local agency with which emergency response activities and the emergency response plan is coordinated.

The owner or operator shall list other Federal or state emergency plan requirements to which the stationary source is subject.

Emergency Planning and Response; Emergency Response program

The employer (owner or operator) shall establish (develop) and implement an emergency action plan (response program) for the entire plant in accordance with the provisions of 29 CFR 1910.38 (for the purpose of protecting public health and the environment). In addition, the emergency action plan shall include procedures for handling small releases. Employers covered under this standard may also be subject to the hazardous waste and emergency response provisions contained in 29 CFR 1910.120 (a), (p) and (q).

Such program shall include the following elements:

1. An emergency response plan, which shall be maintained at the stationary source and contain at least the following elements:
   1. Procedures for informing the public and local emergency response agencies about accidental releases;
   2. Documentation of proper first-aid and emergency medical treatment necessary to treat accidental human exposures; and
   3. Procedures and measures for emergency response after an accidental release of a regulated substance;
2. Procedures for the use of emergency response equipment and for its inspection, testing, and maintenance;
3. Training for all employees in relevant procedures; and
4. Procedures to review and update, as appropriate, the emergency response plan to reflect changes at the stationary source and ensure that employees are informed of changes.

A written plan that complies with other Federal contingency plan regulations or is consistent with the approach in the National Response Team's Integrated Contingency Plan Guidance ("One Plan") and that, among other matters, includes the elements provided in paragraph (a) of this section, shall satisfy the requirements of this section if the owner or operator also complies with paragraph (c) of this section.

The emergency response plan developed under paragraph (a)(1) of this section shall be coordinated with the community emergency response plan developed under 42 U.S.C. 11003. Upon request of the local emergency planning committee or emergency response officials, the owner or operator shall promptly provide to the local emergency response officials information necessary for developing and implementing the community emergency response plan.

The owner or operator shall provide in the RMP the following information:

1. Do you have a written emergency response plan?
2. Does the plan include specific actions to be taken in response to an accidental releases of a regulated substance?
3. Does the plan include procedures for informing the public and local agencies responsible for responding to accidental releases?
4. Does the plan include information on emergency health care?
5. The date of the most recent review or update of the emergency response plan;
6. The date of the most recent emergency response training for employees.

The owner or operator shall provide the name and telephone number of the local agency with which emergency response activities and the emergency response plan is coordinated.

The owner or operator shall list other Federal or state emergency plan requirements to which the stationary source is subject.

The employer (owner or operator) shall establish (develop) and implement an emergency action plan (response program) for the entire plant in accordance with the provisions of 29 CFR 1910.38 (for the purpose of protecting public health and the environment). In addition, the emergency action plan shall include procedures for handling small releases. Employers covered under this standard may also be subject to the hazardous waste and emergency response provisions contained in 29 CFR 1910.120 (a), (p) and (q).

Such program shall include the following elements:

1. An emergency response plan, which shall be maintained at the stationary source and contain at least the following elements:
   1. Procedures for informing the public and local emergency response agencies about accidental releases;
   2. Documentation of proper first-aid and emergency medical treatment necessary to treat accidental human exposures; and
   3. Procedures and measures for emergency response after an accidental release of a regulated substance;
2. Procedures for the use of emergency response equipment and for its inspection, testing, and maintenance;
3. Training for all employees in relevant procedures; and
4. Procedures to review and update, as appropriate, the emergency response plan to reflect changes at the stationary source and ensure that employees are informed of changes.

A written plan that complies with other Federal contingency plan regulations or is consistent with the approach in the National Response Team's Integrated Contingency Plan Guidance ("One Plan") and that, among other matters, includes the elements provided in paragraph (a) of this section, shall satisfy the requirements of this section if the owner or operator also complies with paragraph (c) of this section.

The emergency response plan developed under paragraph (a)(1) of this section shall be coordinated with the community emergency response plan developed under 42 U.S.C. 11003. Upon request of the local emergency planning committee or emergency response officials, the owner or operator shall promptly provide to the local emergency response officials information necessary for developing and implementing the community emergency response plan.

The owner or operator shall provide in the RMP the following information:

1. Do you have a written emergency response plan?
2. Does the plan include specific actions to be taken in response to an accidental releases of a regulated substance?
3. Does the plan include procedures for informing the public and local agencies responsible for responding to accidental releases?
4. Does the plan include information on emergency health care?
5. The date of the most recent review or update of the emergency response plan;
6. The date of the most recent emergency response training for employees.

The owner or operator shall provide the name and telephone number of the local agency with which emergency response activities and the emergency response plan is coordinated.

The owner or operator shall list other Federal or state emergency plan requirements to which the stationary source is subject.

Employers shall certify that they have evaluated compliance with the provisions of this section at least every three years to verify that the procedures and practices developed under the standard are adequate and are being followed.

The compliance audit shall be conducted by at least one person knowledgeable in the process.

A report of the findings of the audit shall be developed.

The employer shall promptly determine and document an appropriate response to each of the findings of the compliance audit, and document that deficiencies have been corrected.

Employers shall retain the two (2) most recent compliance audit reports.

Employers (the owner or operator) shall certify that they have evaluated compliance with the provisions of this section (this subpart) at least every three years to verify that the procedures and practices developed under the standard (rule) are adequate and are being followed.

The compliance audit shall be conducted by at least one person knowledgeable in the process.

A report of the findings of the audit shall be developed.

The employer (owner or operator) shall promptly determine and document an appropriate response to each of the findings of the compliance audit, and document that deficiencies have been corrected.

Employers (the owner or operator) shall retain the two (2) most recent compliance audit reports. This requirement does not apply to any compliance audit report that is more than five years old.

For each RMP Program 2 process, the owner or operator shall provide in the RMP the date of the most recent compliance audit and the expected date of completion of any changes resulting from the compliance audit. If the same information applies to more than one covered process, the owner or operator may provide the information only once, but shall indicate to which processes the information applies.

Employers (the owner or operator) shall certify that they have evaluated compliance with the provisions of this section (subpart) at least every three years to verify that the procedures and practices developed under the standard (this subpart) are adequate and are being followed.

The compliance audit shall be conducted by at least one person knowledgeable in the process.

A report of the findings of the audit shall be developed.

The employer (owner or operator) shall promptly determine and document an appropriate response to each of the findings of the compliance audit, and document that deficiencies have been corrected.

Employers (the owner or operator) shall retain the two (2) most recent compliance audit reports.

For each RMP Program 3 process, the owner or operator shall provide the date of the most recent compliance audit and the expected date of completion of any changes resulting from the compliance audit. If the same information applies to more than one covered process, the owner or operator may provide the information only once, but shall indicate to which processes the information applies.

For Program 1 processes, one worst-case release scenario for each Program 1 process.

Determination of worst-case release quantity

The worst-case release quantity shall be the greater of the following:

• For substances in a vessel, the greatest amount held in a single vessel, taking into account administrative controls that limit the maximum quantity; or
• For substances in pipes, the greatest amount in a pipe, taking into account administrative controls that limit the maximum quantity.

Worst-case release scenario-toxic gases

1. For regulated toxic substances that are normally gases at ambient temperature and handled as a gas or as a liquid under pressure, the owner or operator shall assume that the quantity in the vessel or pipe, as determined under paragraph (b) of this section, is released as a gas over 10 minutes. The release rate shall be assumed to be the total quantity divided by 10 unless passive mitigation systems are in place.
2. For gases handled as refrigerated liquids at ambient pressure:
   • If the released substance is not contained by passive mitigation systems or if the contained pool would have a depth of 1 cm or less, the owner or operator shall assume that the substance is released as a gas in 10 minutes;
   • If the released substance is contained by passive mitigation systems in a pool with a depth greater than 1 cm, the owner or operator may assume that the quantity in the vessel or pipe, as determined under paragraph (b) of this section, is spilled instantaneously to form a liquid pool. The volatilization rate (release rate) shall be calculated at the boiling point of the substance and at the conditions specified in paragraph (d) of this section.

Worst-case release scenario-toxic liquids

For regulated toxic substances that are normally liquids at ambient temperature, the owner or operator shall assume that the quantity in the vessel or pipe, as determined under paragraph (b) of this section, is spilled instantaneously to form a liquid pool.

• The surface area of the pool shall be determined by assuming that the liquid spreads to 1 centimeter deep unless passive mitigation systems are in place that serve to contain the spill and limit the surface area. Where passive mitigation is in place, the surface area of the contained liquid shall be used to calculate the volatilization rate.
• If the release would occur onto a surface that is not paved or smooth, the owner or operator may take into account the actual surface characteristics.

The volatilization rate shall account for the highest daily maximum temperature occurring in the past three years, the temperature of the substance in the vessel, and the concentration of the substance if the liquid spilled is a mixture or solution.

The rate of release to air shall be determined from the volatilization rate of the liquid pool. The owner or operator may use the methodology in the RMP Offsite Consequence Analysis Guidance or any other publicly available techniques that account for the modeling conditions and are recognized by industry as applicable as part of current practices. Proprietary models that account for the modeling conditions may be used provided the owner or operator allows the implementing agency access to the model and describes model features and differences from publicly available models to local emergency planners upon request.

Worst-case release scenario-flammable gases

The owner or operator shall assume that the quantity of the substance, as determined under paragraph (b) of this section and the provisions below, vaporizes resulting in a vapor cloud explosion. A yield factor of 10 percent of the available energy released in the explosion shall be used to determine the distance to the explosion endpoint if the model used is based on TNT equivalent methods.

1. For regulated flammable substances that are normally gases at ambient temperature and handled as a gas or as a liquid under pressure, the owner or operator shall assume that the quantity in the vessel or pipe, as determined under paragraph (b) of this section, is released as a gas over 10 minutes. The total quantity shall be assumed to be involved in the vapor cloud explosion.
2. For flammable gases handled as refrigerated liquids at ambient pressure:
   • If the released substance is not contained by passive mitigation systems or if the contained pool would have a depth of one centimeter or less, the owner or operator shall assume that the total quantity of the substance is released as a gas in 10 minutes, and the total quantity will be involved in the vapor cloud explosion.
   • If the released substance is contained by passive mitigation systems in a pool with a depth greater than 1 centimeter, the owner or operator may assume that the quantity in the vessel or pipe, as determined under paragraph (b) of this section, is spilled instantaneously to form a liquid pool. The volatilization rate (release rate) shall be calculated at the boiling point of the substance and at the conditions specified in paragraph (d) of this section. The owner or operator shall assume that the quantity which becomes vapor in the first 10 minutes is involved in the vapor cloud explosion.

Worst-case release scenario-flammable liquids

The owner or operator shall assume that the quantity of the substance, as determined under paragraph (b) of this section and the provisions below, vaporizes resulting in a vapor cloud explosion. A yield factor of 10 percent of the available energy released in the explosion shall be used to determine the distance to the explosion endpoint if the model used is based on TNT equivalent methods.

For regulated flammable substances that are normally liquids at ambient temperature, the owner or operator shall assume that the entire quantity in the vessel or pipe, as determined under paragraph (b) of this section, is spilled instantaneously to form a liquid pool. For liquids at temperatures below their atmospheric boiling point, the volatilization rate shall be calculated at the conditions specified in paragraph (d) of this section.

The owner or operator shall assume that the quantity which becomes vapor in the first 10 minutes is involved in the vapor cloud explosion.

Parameters to be applied

The owner or operator shall use the parameters defined in §68.22 to determine distance to the endpoints. The owner or operator may use the methodology provided in the RMP Offsite Consequence Analysis Guidance or any commercially or publicly available air dispersion modeling techniques, provided the techniques account for the modeling conditions and are recognized by industry as applicable as part of current practices. Proprietary models that account for the modeling conditions may be used provided the owner or operator allows the implementing agency access to the model and describes model features and differences from publicly available models to local emergency planners upon request.

Consideration of passive mitigation

Passive mitigation systems may be considered for the analysis of worst case provided that the mitigation system is capable of withstanding the release event triggering the scenario and would still function as intended.

Factors in selecting a worst-case scenario

Notwithstanding the provisions of paragraph (b) of this section, the owner or operator shall select as the worst case for flammable regulated substances or the worst case for regulated toxic substances, a scenario based on the following factors if such a scenario would result in a greater distance to an endpoint defined in §68.22(a) beyond the stationary source boundary than the scenario provided under paragraph (b) of this section:

• Smaller quantities handled at higher process temperature or pressure; and
• Proximity to the boundary of the stationary source.

One worst-case release scenario that is estimated to create the greatest distance in any direction to an endpoint provided in appendix A of this part resulting from an accidental release of regulated toxic substances from covered processes under worst-case conditions defined in §68.22;

One worst-case release scenario that is estimated to create the greatest distance in any direction to an endpoint defined in §68.22(a) resulting from an accidental release of regulated flammable substances from covered processes under worst-case conditions defined in §68.22; and

Additional worst-case release scenarios for a hazard class if a worst-case release from another covered process at the stationary source potentially affects public receptors different from those potentially affected by the worst-case release scenario developed under paragraphs (a)(2)(i) or (a)(2)(ii) of this section.

Determination of worst-case release quantity

The worst-case release quantity shall be the greater of the following:

• For substances in a vessel, the greatest amount held in a single vessel, taking into account administrative controls that limit the maximum quantity; or
• For substances in pipes, the greatest amount in a pipe, taking into account administrative controls that limit the maximum quantity.

Worst-case release scenario-toxic gases

1. For regulated toxic substances that are normally gases at ambient temperature and handled as a gas or as a liquid under pressure, the owner or operator shall assume that the quantity in the vessel or pipe, as determined under paragraph (b) of this section, is released as a gas over 10 minutes. The release rate shall be assumed to be the total quantity divided by 10 unless passive mitigation systems are in place.
2. For gases handled as refrigerated liquids at ambient pressure:
   • If the released substance is not contained by passive mitigation systems or if the contained pool would have a depth of 1 cm or less, the owner or operator shall assume that the substance is released as a gas in 10 minutes;
   • If the released substance is contained by passive mitigation systems in a pool with a depth greater than 1 cm, the owner or operator may assume that the quantity in the vessel or pipe, as determined under paragraph (b) of this section, is spilled instantaneously to form a liquid pool. The volatilization rate (release rate) shall be calculated at the boiling point of the substance and at the conditions specified in paragraph (d) of this section.

Worst-case release scenario-toxic liquids

For regulated toxic substances that are normally liquids at ambient temperature, the owner or operator shall assume that the quantity in the vessel or pipe, as determined under paragraph (b) of this section, is spilled instantaneously to form a liquid pool.

• The surface area of the pool shall be determined by assuming that the liquid spreads to 1 centimeter deep unless passive mitigation systems are in place that serve to contain the spill and limit the surface area. Where passive mitigation is in place, the surface area of the contained liquid shall be used to calculate the volatilization rate.
• If the release would occur onto a surface that is not paved or smooth, the owner or operator may take into account the actual surface characteristics.

The volatilization rate shall account for the highest daily maximum temperature occurring in the past three years, the temperature of the substance in the vessel, and the concentration of the substance if the liquid spilled is a mixture or solution.

The rate of release to air shall be determined from the volatilization rate of the liquid pool. The owner or operator may use the methodology in the RMP Offsite Consequence Analysis Guidance or any other publicly available techniques that account for the modeling conditions and are recognized by industry as applicable as part of current practices. Proprietary models that account for the modeling conditions may be used provided the owner or operator allows the implementing agency access to the model and describes model features and differences from publicly available models to local emergency planners upon request.

Worst-case release scenario-flammable gases

The owner or operator shall assume that the quantity of the substance, as determined under paragraph (b) of this section and the provisions below, vaporizes resulting in a vapor cloud explosion. A yield factor of 10 percent of the available energy released in the explosion shall be used to determine the distance to the explosion endpoint if the model used is based on TNT equivalent methods.

1. For regulated flammable substances that are normally gases at ambient temperature and handled as a gas or as a liquid under pressure, the owner or operator shall assume that the quantity in the vessel or pipe, as determined under paragraph (b) of this section, is released as a gas over 10 minutes. The total quantity shall be assumed to be involved in the vapor cloud explosion.
2. For flammable gases handled as refrigerated liquids at ambient pressure:
   • If the released substance is not contained by passive mitigation systems or if the contained pool would have a depth of one centimeter or less, the owner or operator shall assume that the total quantity of the substance is released as a gas in 10 minutes, and the total quantity will be involved in the vapor cloud explosion.
   • If the released substance is contained by passive mitigation systems in a pool with a depth greater than 1 centimeter, the owner or operator may assume that the quantity in the vessel or pipe, as determined under paragraph (b) of this section, is spilled instantaneously to form a liquid pool. The volatilization rate (release rate) shall be calculated at the boiling point of the substance and at the conditions specified in paragraph (d) of this section. The owner or operator shall assume that the quantity which becomes vapor in the first 10 minutes is involved in the vapor cloud explosion.

Worst-case release scenario-flammable liquids

The owner or operator shall assume that the quantity of the substance, as determined under paragraph (b) of this section and the provisions below, vaporizes resulting in a vapor cloud explosion. A yield factor of 10 percent of the available energy released in the explosion shall be used to determine the distance to the explosion endpoint if the model used is based on TNT equivalent methods.

For regulated flammable substances that are normally liquids at ambient temperature, the owner or operator shall assume that the entire quantity in the vessel or pipe, as determined under paragraph (b) of this section, is spilled instantaneously to form a liquid pool. For liquids at temperatures below their atmospheric boiling point, the volatilization rate shall be calculated at the conditions specified in paragraph (d) of this section.

The owner or operator shall assume that the quantity which becomes vapor in the first 10 minutes is involved in the vapor cloud explosion.

Parameters to be applied

The owner or operator shall use the parameters defined in §68.22 to determine distance to the endpoints. The owner or operator may use the methodology provided in the RMP Offsite Consequence Analysis Guidance or any commercially or publicly available air dispersion modeling techniques, provided the techniques account for the modeling conditions and are recognized by industry as applicable as part of current practices. Proprietary models that account for the modeling conditions may be used provided the owner or operator allows the implementing agency access to the model and describes model features and differences from publicly available models to local emergency planners upon request.

Consideration of passive mitigation

Passive mitigation systems may be considered for the analysis of worst case provided that the mitigation system is capable of withstanding the release event triggering the scenario and would still function as intended.

Factors in selecting a worst-case scenario

Notwithstanding the provisions of paragraph (b) of this section, the owner or operator shall select as the worst case for flammable regulated substances or the worst case for regulated toxic substances, a scenario based on the following factors if such a scenario would result in a greater distance to an endpoint defined in §68.22(a) beyond the stationary source boundary than the scenario provided under paragraph (b) of this section:

• Smaller quantities handled at higher process temperature or pressure; and
• Proximity to the boundary of the stationary source.

For RMP Program 2 processes, one worst-case release scenario to represent all regulated toxic substances held above the threshold quantity and one worst-case release scenario to represent all regulated flammable substances held above the threshold quantity. If additional worst-case scenarios for toxics or flammables are required by §68.25(a)(2)(iii), the owner or operator shall submit the same information on the additional scenario(s).

The owner or operator shall submit the following data:

1. Chemical name;
2. Percentage weight of the chemical in a liquid mixture (toxics only);
3. Physical state (toxics only);
4. Basis of results (give model name if used);
5. Scenario (explosion, fire, toxic gas release, or liquid spill and evaporation);
6. Quantity released in pounds;
7. Release rate;
8. Release duration;
9. Wind speed and atmospheric stability class (toxics only);
10. Topography (toxics only);
11. Distance to endpoint;
12. Public and environmental receptors within the distance;
13. Passive mitigation considered; and
14. Active mitigation considered (alternative releases only);

One worst-case release scenario that is estimated to create the greatest distance in any direction to an endpoint provided in appendix A of this part resulting from an accidental release of regulated toxic substances from covered processes under worst-case conditions defined in §68.22;

One worst-case release scenario that is estimated to create the greatest distance in any direction to an endpoint defined in §68.22(a) resulting from an accidental release of regulated flammable substances from covered processes under worst-case conditions defined in §68.22; and

Additional worst-case release scenarios for a hazard class if a worst-case release from another covered process at the stationary source potentially affects public receptors different from those potentially affected by the worst-case release scenario developed under paragraphs (a)(2)(i) or (a)(2)(ii) of this section.

Determination of worst-case release quantity

The worst-case release quantity shall be the greater of the following:

• For substances in a vessel, the greatest amount held in a single vessel, taking into account administrative controls that limit the maximum quantity; or
• For substances in pipes, the greatest amount in a pipe, taking into account administrative controls that limit the maximum quantity.

Worst-case release scenario-toxic gases

1. For regulated toxic substances that are normally gases at ambient temperature and handled as a gas or as a liquid under pressure, the owner or operator shall assume that the quantity in the vessel or pipe, as determined under paragraph (b) of this section, is released as a gas over 10 minutes. The release rate shall be assumed to be the total quantity divided by 10 unless passive mitigation systems are in place.
2. For gases handled as refrigerated liquids at ambient pressure:
   • If the released substance is not contained by passive mitigation systems or if the contained pool would have a depth of 1 cm or less, the owner or operator shall assume that the substance is released as a gas in 10 minutes;
   • If the released substance is contained by passive mitigation systems in a pool with a depth greater than 1 cm, the owner or operator may assume that the quantity in the vessel or pipe, as determined under paragraph (b) of this section, is spilled instantaneously to form a liquid pool. The volatilization rate (release rate) shall be calculated at the boiling point of the substance and at the conditions specified in paragraph (d) of this section.

Worst-case release scenario-toxic liquids

For regulated toxic substances that are normally liquids at ambient temperature, the owner or operator shall assume that the quantity in the vessel or pipe, as determined under paragraph (b) of this section, is spilled instantaneously to form a liquid pool.

• The surface area of the pool shall be determined by assuming that the liquid spreads to 1 centimeter deep unless passive mitigation systems are in place that serve to contain the spill and limit the surface area. Where passive mitigation is in place, the surface area of the contained liquid shall be used to calculate the volatilization rate.
• If the release would occur onto a surface that is not paved or smooth, the owner or operator may take into account the actual surface characteristics.

The volatilization rate shall account for the highest daily maximum temperature occurring in the past three years, the temperature of the substance in the vessel, and the concentration of the substance if the liquid spilled is a mixture or solution.

The rate of release to air shall be determined from the volatilization rate of the liquid pool. The owner or operator may use the methodology in the RMP Offsite Consequence Analysis Guidance or any other publicly available techniques that account for the modeling conditions and are recognized by industry as applicable as part of current practices. Proprietary models that account for the modeling conditions may be used provided the owner or operator allows the implementing agency access to the model and describes model features and differences from publicly available models to local emergency planners upon request.

Worst-case release scenario-flammable gases

The owner or operator shall assume that the quantity of the substance, as determined under paragraph (b) of this section and the provisions below, vaporizes resulting in a vapor cloud explosion. A yield factor of 10 percent of the available energy released in the explosion shall be used to determine the distance to the explosion endpoint if the model used is based on TNT equivalent methods.

1. For regulated flammable substances that are normally gases at ambient temperature and handled as a gas or as a liquid under pressure, the owner or operator shall assume that the quantity in the vessel or pipe, as determined under paragraph (b) of this section, is released as a gas over 10 minutes. The total quantity shall be assumed to be involved in the vapor cloud explosion.
2. For flammable gases handled as refrigerated liquids at ambient pressure:
   • If the released substance is not contained by passive mitigation systems or if the contained pool would have a depth of one centimeter or less, the owner or operator shall assume that the total quantity of the substance is released as a gas in 10 minutes, and the total quantity will be involved in the vapor cloud explosion.
   • If the released substance is contained by passive mitigation systems in a pool with a depth greater than 1 centimeter, the owner or operator may assume that the quantity in the vessel or pipe, as determined under paragraph (b) of this section, is spilled instantaneously to form a liquid pool. The volatilization rate (release rate) shall be calculated at the boiling point of the substance and at the conditions specified in paragraph (d) of this section. The owner or operator shall assume that the quantity which becomes vapor in the first 10 minutes is involved in the vapor cloud explosion.

Worst-case release scenario-flammable liquids

The owner or operator shall assume that the quantity of the substance, as determined under paragraph (b) of this section and the provisions below, vaporizes resulting in a vapor cloud explosion. A yield factor of 10 percent of the available energy released in the explosion shall be used to determine the distance to the explosion endpoint if the model used is based on TNT equivalent methods.

For regulated flammable substances that are normally liquids at ambient temperature, the owner or operator shall assume that the entire quantity in the vessel or pipe, as determined under paragraph (b) of this section, is spilled instantaneously to form a liquid pool. For liquids at temperatures below their atmospheric boiling point, the volatilization rate shall be calculated at the conditions specified in paragraph (d) of this section.

The owner or operator shall assume that the quantity which becomes vapor in the first 10 minutes is involved in the vapor cloud explosion.

Parameters to be applied

The owner or operator shall use the parameters defined in §68.22 to determine distance to the endpoints. The owner or operator may use the methodology provided in the RMP Offsite Consequence Analysis Guidance or any commercially or publicly available air dispersion modeling techniques, provided the techniques account for the modeling conditions and are recognized by industry as applicable as part of current practices. Proprietary models that account for the modeling conditions may be used provided the owner or operator allows the implementing agency access to the model and describes model features and differences from publicly available models to local emergency planners upon request.

Consideration of passive mitigation

Passive mitigation systems may be considered for the analysis of worst case provided that the mitigation system is capable of withstanding the release event triggering the scenario and would still function as intended.

Factors in selecting a worst-case scenario

Notwithstanding the provisions of paragraph (b) of this section, the owner or operator shall select as the worst case for flammable regulated substances or the worst case for regulated toxic substances, a scenario based on the following factors if such a scenario would result in a greater distance to an endpoint defined in §68.22(a) beyond the stationary source boundary than the scenario provided under paragraph (b) of this section:

• Smaller quantities handled at higher process temperature or pressure; and
• Proximity to the boundary of the stationary source.

For RMP Program 3 processes, one worst-case release scenario to represent all regulated toxic substances held above the threshold quantity and one worst-case release scenario to represent all regulated flammable substances held above the threshold quantity. If additional worst-case scenarios for toxics or flammables are required by §68.25(a)(2)(iii), the owner or operator shall submit the same information on the additional scenario(s).

The owner or operator shall submit the following data:

1. Chemical name;
2. Percentage weight of the chemical in a liquid mixture (toxics only);
3. Physical state (toxics only);
4. Basis of results (give model name if used);
5. Scenario (explosion, fire, toxic gas release, or liquid spill and evaporation);
6. Quantity released in pounds;
7. Release rate;
8. Release duration;
9. Wind speed and atmospheric stability class (toxics only);
10. Topography (toxics only);
11. Distance to endpoint;
12. Public and environmental receptors within the distance;
13. Passive mitigation considered; and
14. Active mitigation considered (alternative releases only);

The owner or operator shall identify and analyze at least one alternative release scenario for each regulated toxic substance held in a covered process(es) and at least one alternative release scenario to represent all flammable substances held in covered processes.

For each scenario required under paragraph (a) of this section, the owner or operator shall select a scenario:

• That is more likely to occur than the worst-case release scenario under §68.25; and
• That will reach an endpoint offsite, unless no such scenario exists.

Release scenarios considered should include, but are not limited to, the following, where applicable:

• Transfer hose releases due to splits or sudden hose uncoupling;
• Process piping releases from failures at flanges, joints, welds, valves and valve seals, and drains or bleeds;
• Process vessel or pump releases due to cracks, seal failure, or drain, bleed, or plug failure;
• Vessel overfilling and spill, or over pressurization and venting through relief valves or rupture disks; and
• Shipping container mishandling and breakage or puncturing leading to a spill.

The owner or operator shall use the appropriate parameters defined in §68.22 to determine distance to the endpoints. The owner or operator may use either the methodology provided in the RMP Offsite Consequence Analysis Guidance or any commercially or publicly available air dispersion modeling techniques, provided the techniques account for the specified modeling conditions and are recognized by industry as applicable as part of current practices. Proprietary models that account for the modeling conditions may be used provided the owner or operator allows the implementing agency access to the model and describes model features and differences from publicly available models to local emergency planners upon request.

Active and passive mitigation systems may be considered provided they are capable of withstanding the event that triggered the release and would still be functional.

The owner or operator shall consider the following in selecting alternative release scenarios:

• The five-year accident history provided in §68.42; and
• Failure scenarios identified under §68.50 or §68.67.

The owner or operator of RMP Program 2 processes shall submit information on one alternative release scenario for each regulated toxic substance held above the threshold quantity and one alternative release scenario to represent all regulated flammable substances held above the threshold quantity.

The owner or operator shall submit the following data:

1. Chemical name;
2. Percentage weight of the chemical in a liquid mixture (toxics only);
3. Physical state (toxics only);
4. Basis of results (give model name if used);
5. Scenario (explosion, fire, toxic gas release, or liquid spill and evaporation);
6. Quantity released in pounds;
7. Release rate;
8. Release duration;
9. Wind speed and atmospheric stability class (toxics only);
10. Topography (toxics only);
11. Distance to endpoint;
12. Public and environmental receptors within the distance;
13. Passive mitigation considered; and
14. Active mitigation considered (alternative releases only);

The owner or operator shall identify and analyze at least one alternative release scenario for each regulated toxic substance held in a covered process(es) and at least one alternative release scenario to represent all flammable substances held in covered processes.

For each scenario required under paragraph (a) of this section, the owner or operator shall select a scenario:

• That is more likely to occur than the worst-case release scenario under §68.25; and
• That will reach an endpoint offsite, unless no such scenario exists.

Release scenarios considered should include, but are not limited to, the following, where applicable:

• Transfer hose releases due to splits or sudden hose uncoupling;
• Process piping releases from failures at flanges, joints, welds, valves and valve seals, and drains or bleeds;
• Process vessel or pump releases due to cracks, seal failure, or drain, bleed, or plug failure;
• Vessel overfilling and spill, or over pressurization and venting through relief valves or rupture disks; and
• Shipping container mishandling and breakage or puncturing leading to a spill.

The owner or operator shall use the appropriate parameters defined in §68.22 to determine distance to the endpoints. The owner or operator may use either the methodology provided in the RMP Offsite Consequence Analysis Guidance or any commercially or publicly available air dispersion modeling techniques, provided the techniques account for the specified modeling conditions and are recognized by industry as applicable as part of current practices. Proprietary models that account for the modeling conditions may be used provided the owner or operator allows the implementing agency access to the model and describes model features and differences from publicly available models to local emergency planners upon request.

Active and passive mitigation systems may be considered provided they are capable of withstanding the event that triggered the release and would still be functional.

The owner or operator shall consider the following in selecting alternative release scenarios:

• The five-year accident history provided in §68.42; and
• Failure scenarios identified under §68.50 or §68.67.

The owner or operator of RMP Program 3 processes shall submit information on one alternative release scenario for each regulated toxic substance held above the threshold quantity and one alternative release scenario to represent all regulated flammable substances held above the threshold quantity.

The owner or operator shall submit the following data:

1. Chemical name;
2. Percentage weight of the chemical in a liquid mixture (toxics only);
3. Physical state (toxics only);
4. Basis of results (give model name if used);
5. Scenario (explosion, fire, toxic gas release, or liquid spill and evaporation);
6. Quantity released in pounds;
7. Release rate;
8. Release duration;
9. Wind speed and atmospheric stability class (toxics only);
10. Topography (toxics only);
11. Distance to endpoint;
12. Public and environmental receptors within the distance;
13. Passive mitigation considered; and
14. Active mitigation considered (alternative releases only);

The owner or operator shall include in the five-year accident history all accidental releases from covered processes that resulted in deaths, injuries, or significant property damage on site, or known offsite deaths, injuries, evacuations, sheltering in place, property damage, or environmental damage.

Data required. For each accidental release included, the owner or operator shall report the following information:

1. Date, time, and approximate duration of the release;
2. Chemical(s) released;
3. Estimated quantity released in pounds and, for mixtures containing regulated toxic substances, percentage concentration by weight of the released regulated toxic substance in the liquid mixture;
4. Five- or six-digit NAICS code that most closely corresponds to the process;
5. The type of release event and its source;
6. Weather conditions, if known;
7. On-site impacts;
8. Known offsite impacts;
9. Initiating event and contributing factors if known;
10. Whether offsite responders were notified if known; and
11. Operational or process changes that resulted from investigation of the release and that have been made by the time this information is submitted in accordance with §68.168.

Level of accuracy - Numerical estimates may be provided to two significant digits.

The owner or operator shall submit in the RMP the information provided in §68.42(b) on each accident covered by §68.42(a).

The owner or operator shall include in the five-year accident history all accidental releases from covered processes that resulted in deaths, injuries, or significant property damage on site, or known offsite deaths, injuries, evacuations, sheltering in place, property damage, or environmental damage.

Data required. For each accidental release included, the owner or operator shall report the following information:

1. Date, time, and approximate duration of the release;
2. Chemical(s) released;
3. Estimated quantity released in pounds and, for mixtures containing regulated toxic substances, percentage concentration by weight of the released regulated toxic substance in the liquid mixture;
4. Five- or six-digit NAICS code that most closely corresponds to the process;
5. The type of release event and its source;
6. Weather conditions, if known;
7. On-site impacts;
8. Known offsite impacts;
9. Initiating event and contributing factors if known;
10. Whether offsite responders were notified if known; and
11. Operational or process changes that resulted from investigation of the release and that have been made by the time this information is submitted in accordance with §68.168.

Level of accuracy - Numerical estimates may be provided to two significant digits.

The owner or operator shall submit in the RMP the information provided in §68.42(b) on each accident covered by §68.42(a).

The owner or operator shall include in the five-year accident history all accidental releases from covered processes that resulted in deaths, injuries, or significant property damage on site, or known offsite deaths, injuries, evacuations, sheltering in place, property damage, or environmental damage.

Data required. For each accidental release included, the owner or operator shall report the following information:

1. Date, time, and approximate duration of the release;
2. Chemical(s) released;
3. Estimated quantity released in pounds and, for mixtures containing regulated toxic substances, percentage concentration by weight of the released regulated toxic substance in the liquid mixture;
4. Five- or six-digit NAICS code that most closely corresponds to the process;
5. The type of release event and its source;
6. Weather conditions, if known;
7. On-site impacts;
8. Known offsite impacts;
9. Initiating event and contributing factors if known;
10. Whether offsite responders were notified if known; and
11. Operational or process changes that resulted from investigation of the release and that have been made by the time this information is submitted in accordance with §68.168.

Level of accuracy - Numerical estimates may be provided to two significant digits.

The owner or operator shall submit in the RMP the information provided in §68.42(b) on each accident covered by §68.42(a).

The owner or operator of a stationary source with processes subject to Program 2 shall develop a management system to oversee the implementation of the risk management program elements.

The owner or operator shall assign a qualified person or position that has the overall responsibility for the development, implementation, and integration of the risk management program elements.

When responsibility for implementing individual requirements of this part is assigned to persons other than the person identified above, the names or positions of these people shall be documented and the lines of authority defined through an organization chart or similar document.

The owner or operator of a stationary source with processes subject to Program 3 shall develop a management system to oversee the implementation of the risk management program elements.

The owner or operator shall assign a qualified person or position that has the overall responsibility for the development, implementation, and integration of the risk management program elements.

When responsibility for implementing individual requirements of this part is assigned to persons other than the person identified above, the names or positions of these people shall be documented and the lines of authority defined through an organization chart or similar document.