The “Massachusetts Process

Safety Regulations”: An Overview

527 CMR - Chapter 33 Hazardous Material Processes

Corey Briggs, CIH, CET, CIT – ENVIRON International

Corporation (cbriggs@environcorp.com)
Michelle Murphy - ioMosaic Corporation
(murphy@iomosaic.com)
PEPCON – Henderson, NV 1988
 PEPCON
Pre- PSM…………….
• 9 Million pounds of ammonium perchlorate in various storage
containers consumed…PSM Threshold Quantity is 7500 lbs.
• Plant and neighboring marshmallow manufacturing plant destroyed
• 300 injured; but no fatalities
• Last explosion registered 3.5 on the Richter scale….600 miles
away in Colorado!
• Crater - 15 feet deep and 200 feet wide
• Blast damage = 250 tons of TNT
• Damage estimate = $74 million
• $171 million settlement reach before going to trial; approximately
17,000 claimants.
THE CAUSES……………………………………………………..
 PEPCON
• Numerous
– Poor materials layout and management,
– Poor housekeeping,
– Poor storage construction,
– Poor hot work practices,
– No automatic fire suppression systems, etc.
Presentation Outline
• Objectives
• Overview of the History of PSM
• Brief review of OSHA Process Safety Management
(PSM) vs. EPA Risk Management Plan (RMP)
• Notable Massachusetts Incidents
• 527 CMR 33 – Applicability, Process and Categories,
Hazards, Exceptions, Vessels, Permitting, Compliance
Requirements, Emergency Response Planning, Post-
Incident Analysis
• Steps Forward
• Technical Assistance
Objectives
• Obtain a brief overview of OSHA PSM and RMP

• Obtain an overview of the Massachusetts “PSM”

regulation, the various requirements, and the
compliance due dates

• Questions and Answers

THE HISTORY OF PROCESS SAFETY

• Following 1984 Bhopal, India disaster, and other major accidents

there was initial federal legislation to promote chemical and process
safety
• 11/1990 - CAA required both OSHA and EPA to issue chemical
process safety standards
• 2/1992 – Final OSHA PSM 29 1910.119 and the 1992 and 1994
Compliance Directives [CPL 02-02-045 and 045A]
THE HISTORY OF PROCESS SAFETY

• 1996 - EPA’s Final Risk Management Plan Rule

• 2011 – OSHA National Emphasis Program (NEP) [CPL 03-00-014]
• 2012 – 527 CMR 33: Massachusetts PSM Regulations
OSHA’s PSM Standard [29 CFR 1910.119]
Like HazCom, PSM is intended to protect the workforce
(plant population), contractors, and visitors to the plant
from releases of Highly Hazardous Chemicals (HHC)
PSM HHCs and TQs
Appendix A to 1910.119 includes a list of Highly
Hazardous Chemicals (HHCs) and applicable Threshold
Quantities (TQs)
 Arranged alphabetically and include the CAS # and
weight in pounds
 TQs vary greatly!
 The TQ amount is the inventory in a “single covered
process”…different from Mass PSM.
 General TQs for flammables = 10,000 lbs. or more
 Specific TQs for various toxic, corrosive, and reactive
chemicals
 All explosive chemicals are included
PSM – HHCs and TQs
CHEMICAL NAME | CAS | TQ
Acetaldehyde | 75-07-0 | 2500
Acrolein (2-Popenal) | 107-02-8 | 150
Acrylyl Chloride | 814-68-6 | 250
Allyl Chloride | 107-05-1 | 1000
PSM – The 14 Elements
1. Process Safety Information (PSI)
2. Process Hazard Analysis (PHA)
3. Operating Procedures (including Safety Practices)
4. Mechanical Integrity (MI)
5. Employee Participation
6. Contractor Safety
7. Hot Work Permit Systems
8. Incident Investigation (II)
9. Emergency Planning and Response (at least an Emergency
Action Plan) – 1910.38 and/or 1910.120
10. Training
11. Pre-Startup Safety Reviews (PSSR)
12. Management of Change (MOC)
13. Compliance Audits
14. Trade Secrets
 PSM
• “Performance oriented” standard
• Very difficult to obtain 100% compliance
• Extensive hazard and risk assessment
process and information/documentation
intensive
• One of first real templates for “Contractor
Safety Programs”
• Chemical PSM National Emphasis Program
was established in 11/2011 to focus on
assessing facility PSM implementation

13
EPA’s Chemical Accident Prevention Provisions 40
CFR 68 - RMP Rule (Risk Management Plan)
• EPA’s RMP is a “parallel” regulation to the PSM
standard
• Like SARA Title III it is intended to protect the public,
community, adjacent facilities, and the environment from
the offsite effects of accidental chemical releases.
EPA Risk Management Plan
 Addresses potential threats to the community and
receptors
 Own list of applicable chemicals and quantities (also
includes a “Basis for Rating” for toxics and flammables;
Note: The TQs could be different than those in PSM and
vice versa)
 Subparts of a Risk Management Plan include
 Hazard Assessment
 Emergency Response Plan
 Prevention Program (needed only for Programs 2 and 3)
EPA RMP – Elements for Prevention
Programs 2 and 3
• Safety • Incident
Information/PSI Investigation
• Hazard • MOC
Review/PHA • Pre-Startup
• Operating Review
Procedures • Employee
• Training Participation
• MI/Maintenance • Hot Work Permit
• Compliance • Contractors
Audits
OSHA PSM and EPA RMP
OSHA and EPA Applicability to a Site
– Review both list of chemicals; you could be covered
by one but not the other – Covered by RMP...but not
PSM or vice versa
– Review the minimum Threshold Quantities
• Vary considerably
• Determine overall TQ for the covered process
– Includes piping, storage arrangements, multiple
vessels, etc.
• Sometimes difficult to determine applicability
unless you are “well schooled” in the regulations
Major Incidents
Historical Massachusetts Incidents
 PolyCarbon Industries
(Leominster) - 2005

30+ gal. processor containing xylene and triethylamine

Small startup pilot facility
Prior to the explosion, the process was changed but not evaluated
 PolyCarbon – cont’d
- No fatalities…1 injured
- Roof and wall of facility blown off by the deflagration
- Nearby residential buildings damaged

Findings:
Exact cause unknown
Process safety-related controls deficient (e.g., loss of water
cooling jacket or a runaway chemical reaction in conjunction
with inadequately sized rupture disk.
 CAI, Inc.
(Danvers) - 2006

Two business will located in the same building

10,000-pound mixture of flammable solvents overheated
after business hours
 CAI, Inc. – cont’d
- Amazingly no fatalities but 10 injured
- 24 houses and 6 businesses destroyed (affected up to 1
mile away
- Full CSB investigation
Findings:
 Process lacked adequate
safeguards
 Violations of State Fire
Code
 A “PSM covered”
process but facility was not
aware of the regulations
 Bostik Chemical Plant
(Middleton) - 2011

Old facility (1800s) that had several modifications and

development of products over time
Acetone vapors accidentally released from a process via an
unintentionally open valve and unclassified electrical
equipment present
 Bostik – cont’d
- No fatalities or injuries
- Extensive facility damage
Findings:
 Serious deficiencies in their PSM program (received OSHA Willful
Violations)
“Process” Regulations in the
Commonwealth of Massachusetts
• Permits for storage of flammable/combustible liquids,
flammable solids, and flammable gases

• State has had very limited involvement in verifying

compliance with OSHA PSM
 527 CMR 33 –
“Massachusetts PSM”
• The regulation development process began after the
2005 Leominster and 2006 Danvers incidents
• Task group assigned by the Board of Fire Prevention
Regulations
• Many meetings with participation from regulated
companies, insurance industry, trade groups, and the
fire service
Originally, the thought was to reduce the threshold
limits below those in PSM
Felt more stringent regulations were warranted to
close any gaps
Promulgated in February 2012
 Goals of 527 CMR 33.00
- Protect the general public and emergency response
personnel
- Enhance awareness of emergency response personnel to
the hazards present
- Create local fire department permitting requirements
- Establish standards based on a categorization system and
require disclosure and evaluation regarding a facility’s
hazardous material operations
- Include non-PSM, non-RMP chemicals

These regulations are much different that PSM and RMP

and more encompassing from an applicability
standpoint!
Applicability
The regulation applies to
new and existing facilities
that process hazardous materials that
meet the definitions of physical or health
hazards as defined by 780 CMR
(Massachusetts State Building Code) and
527 CMR 33
 Process or Processing
A sequence of operations in which
the sequence can be inclusive of physical
operations such as heating, cooling,
mixing, distilling, compressing, and
pressurizing, and chemical operations,
such as polymerization, oxidation,
reduction, and other chemical reaction
processes. The sequence can involve but
is not limited to: preparation, separation,
combination, purification, or any actions
that cause a change in state, energy
content, or chemical composition.

DOES NOT INCLUDE STORAGE OR WASTE!

Hazard Material Classes (33.02)
• Hazardous materials with a hazard
rating of 2 or less per NFPA 704M are
EXEMPT

Physical Hazards
– Combustible or flammable liquid
– Compressed, cryogenic or flammable gas
– Flammable solid
– Oxidizer or organic peroxide
– Pyrophoric
– Unstable (reactive)
– Water-reactive

Health Hazards
– Toxic or highly toxic
– Corrosive (damage to living tissue)
Examples of Mass 527 CMR 33 Coverage
Applicability – “the Exceptions”
• Listed in 33.01(3)
• 15 exceptions – MUST review this list.
Examples include, but are not limited to:
- Retail of pre-mixed solutions;
- Processing or treatment facilities (potable and
sanitary waste water;
- Atmospheric vessels storing materials that are below
normal boiling point without heating or cooling;
- Hazardous materials with a hazard rating of 2 or
less per NFPA 704M are exempted; and
- Hazardous waste
Be very cautious….considerable cross reference to
“compliance with other State regulations”
Vessel Definition
• The container in which a partial or the actual process
takes place. Examples could include:
- Beakers
- Pails
- Pipe reactors
- Drums
- Reactor kettles

• The size of a vessel is its capacity which is the nominal

capacity as specified by the manufacturer
THIS REGULATION IS “VESSEL CAPACITY”- DRIVEN
NOT “INVENTORY-DRIVEN” (LIKE PSM/RMP ARE)!
Categories of Processes or Processing
Category 1: Vessel capacity ≤ 2.5 gal

Category 2: Vessel capacity ≤ 60 gal

Category 3: Vessel capacity ≤ 300 gal OR Group H

occupancy (High Hazard per 780 CMR 307)
Category 4: Vessel capacity > 300 gal and not Category 5

Category 5: Vessel capacity exceeds the PSM OR RMP

Threshold Quantity
Most facilities in the State should be in either
Category 2 or Category 3
Processes cont’d
– Look at it from the “processes at the facility, not the
facility with the processes”
– A facility (a group of buildings) will generally have
multiple processes, thus category requirements apply
separately
– Each process will need to comply with CMR 33
– Initial implementation would have multiple permits;
after full implementation need to combine into one (1)
permit.
– It does not default to the highest/largest quantity of
material for the facility
Permitting
During the phase-in approach period:
– Facility can have multiple permits based on processes at the
facility and based on the dates of compliance

After the phase-in approach period:

– It is highly recommended that employers consolidate their
permits into a single permit for all of the processes at the facility
Permitting (cont’d)

Process Category 1 – No HazMat processing permit is

needed, compliance with the other applicable CMR 33
requirements; and a flammable storage permit (per 527
CMR 14) is still needed.
Process Categories 2-5
- New HazMat processing permit is issued by the local Fire
Department and must be renewed annually [33.04(1)];
THIS IS SEPARATE FROM A FLAMMABLE STORAGE
PERMIT
- Fire Department can deny a permit in writing if protection
measures are deemed insufficient [33.04(4b)]
- Fire Department can require a 3rd party Competent
Professional evaluation following the denial of a permit for
a Category 3 and Category 4 facility (33.04(4c))
Permitting - Competent Professional
“A person who based upon education, training, skill,
experience or professional licensure or a combination
thereof, has a specialized knowledge beyond that of an
average person about risk assessment, process hazard
analysis, and/or PSM management principles for the
process or processes being evaluated.”
Permitting (cont’d)
Permit deadlines:
– Category 5 Processes by January 1, 2013
– Category 4 Processes by June 1, 2013
– Category 2 & 3 Processes by January 1, 2014
– Category 1 Processes = No permit is needed

A new permit application required if a Process Category

increases.
Compliance Requirements by Category
 Category 1
(Vessel Capacity ≤ 2.5 gal)

Category 1 Facilities Must Comply With

● OSHA 1910.1200 (Hazard Communication/Right-to-
Know)
● OSHA 1910.1450 (Occupational Exposure to
Hazardous Chemicals in Labs, if applicable)
● 527 CMR 14.00 (Flammable gases, liquids, and
solids), including a permit
● 527 CMR 33.06
(Emergency Response Plan)
No process permit is needed……
 Category 2 Requirements
(Vessel Capacity ≤ 60 gal)

Category 2 Facilities Must Comply With:

● All of the requirements of Category 1 and
● Have a process permit per 33.04
 Category 3 Requirements
(Vessel Capacity ≤ 300 gal OR Group H Occupancy)

Must Comply With:

● All requirements of Category 2
● Undergo a Category 3 Hazard
Evaluation
● Potential third party review (by
Competent Professional) if permit is
rejected/denied in writing by the FD
● Group H Occupancy
● Post-Incident Analysis per 33.07
 Category 3 Hazard Evaluation
“A written evaluation performed or procedure conducted
to identify hazards, including adjacent vessels that contain
hazardous materials, and determine the required
preventive, protective, and safety control measures in
conformance with recognized and generally accepted
good engineering and safe work practices associated with
a particular process or condition and the facility wherein
such process or condition is taking place.”
 H Occupancy (High-hazard per 780
CMR 307.0)
Includes, among others, the use of a building or structure,
or a portion thereof, that involves the manufacturing,
processing, generation or storage of materials that
constitute a physical or health hazard in quantities in
excess of those found in Tables 307.7(1) and (2), and
425.9.22.1.1 of 780 CMR.
 Category 4 Requirements
(Vessel Capacity > 300 gal and not a Category 5)

A written evaluation (Category 4: Limited Process Safety

Program) to ensure compliance with:
● Process information
o MSDS, P&IDs, process control safety alarms, safety relief
valves
● Facility suitability
o Building code compliance, electrical hazard classification,
ventilation design, secondary containment / spill control,
fire alarm / fire protection
● Process hazard safety analysis (FMEA, what-if analysis,
HAZOP, etc.)
 Category 4 Requirements (cont’d)

●Written procedures for start-up, shut-down, routine

operating / maintenance, and emergency response
measures
●Training program for employees and contractors
●Records management protocol including
management of change
●Internal review every 3 years
 Category 4 – Facility Suitability
Building Code Compliance
- Height and area, construction type
- Control area layout and separation
- Group H occupancy classification and location
- Exhaust separation and routing
- Fire suppression and alarm systems
- Means of egress

Difficulties in facilities with “business expansion” where

changes have been made with the process, vessels,
quantities without benefit of a building permit
 Category 4 – Facility Suitability
High Hazard Features:
– Explosion control;
– Spill control, secondary containment, drainage for
sprinkler discharge;
– Monitor controls, standby/e-power, haz-mat alarm
system;
– Smoke and heat venting for >15,000 sq. ft. areas; and
– Fire detection

The review is performed to the building code at time of

construction, not the new building code.
 Category 4 – Facility Suitability
Electrical Classifications:
• Massachusetts Electrical Code - Amended
• NFPA 70 (2011) – National Electrical Code
• Article 500 – Hazardous Locations
– Class I – Flammable gases and vapors
– Class II – Combustible dusts
– Division 1 – Hazard under normal operation
– Division 2 – Hazard due to spill, leak, etc
– Class I : Groups – A (acetylene), B (hydrogen), C
(ethylene), D (propane)
– Class II : Groups – E (aluminum), F (carbon black), G
(wood)
 Category 5 Requirements
(Vessel Contains Chemical Exceeding Threshold Stated in
29 CFR 1910.119 or 40 CFR Part 68 )
Example Chemicals & Threshold Quantities from OSHA PSM
Chemical Name Threshold Quantity (lbs.)
Chlorine 1500
Formaldehyde (Formalin) 1000
Hydrochloric Acid, Anhydrous 5000
Hydrofluoric Acid, Anhydrous 1000
Hydrogen Peroxide (≥52% by weight) 7500
Nitric Acid (≥94.5% by weight) 500
■ Implement and self certify compliance with PSM and/or RMP
■ File a permit with the Fire Department
■ Submit an Emergency Response Plan per 33.06
■ Maintain hazard evaluation documents and records for a minimum of 2 years
following issuance of a permit
■ Submit a post-incident report in accordance with PSM or RMP incident
investigation requirements.
■ Have a flammable storage permit per 527 CMR 14.00
Emergency Response Planning
• Applicable to all Categories; complexity of planning
increases by Category (but not as complex as existing
plans you have)
• Submitted to local Fire Department; material updates to
plant sent to Fire Department within 2 weeks of the
change
• Identify an Emergency Coordinator to be on-site within 1
hour of the emergency
• Contact information for the Emergency Coordinators
• Provide a facility floor plan locating hazardous materials
and emergency equipment, etc.
Emergency Response Planning (cont’d)
• Establish/communicate a formal protocol
with the Fire Department for equipment/process
shutdown where loss of control could pose
a risk to the public and provide a facility
liaison
 Post-Incident Analysis

• Applicable to Categories 3 through 5 (Copy of PSM or

RMP II report will suffice for Category 5)
• Analysis initiated within 48 hours of FD or EMS
response, or a reportable release of hazardous
materials.
• Report must be completed and submitted to FD within
45 days of the incident
• Report must include:
– Summary of cause and contributing factors
– Recommendations to prevent recurrence
– Dates of implementation of recommendations/corrective actions
– Reassessment of facility/process category or application for new permit if
necessary
Documentation Requirements

The level of required documentation, policies, and

practices increase with category levels.

Must comply with requirements for each lower category

level, as applicable.
Documentation Requirements (cont’d)
Facilities who need to comply with OSHA “Process Safety
Management” should be in good shape.

However, when the FD visits:

– Their goal is to review any necessary items on site including
policies and procedures
– However, they are going to ask questions and see what
employees know about a process…thus your personnel must be
knowledgeable…this is also true if you are covered by PSM and
you get an OSHA inspection.
Trade Secrets

• Provisions exist that need to be reviewed

• Fire Departments and employers must be aware of
public records’ laws that may supersede this regulation.
Forms

Permit Application
– Known as FP-300
– Available Online
Forms

Fire Inspector’s Checklist

– Known as FP-310
– Basic form to assist the inspector
– Any “NO” checked is an ISSUE!
 Steps Forward
•Review 527 CMR 33 Regulation Exemptions
•Compile Chemical Inventory List (Chemical Name and Quantity)
Determine •Research Chemical Hazards
Category •Compile Vessel Capacities

•Assess condition of existing management system

Review
Existing •Adapt existing management system
Management
Systems

•Know the regulation and requirements

•Determine resource allocation for implementation
•Set priority list based on risk
•Budget for timely implementation to meet permit deadline

•Perform internal audits

•Review documentation and check that it coincides with current
practice
•Management of change - don’t just wait until audit or review cycle
Technical Assistance
Public (Department of Fire Service/Division of Fire
Safety)
– Compliance Staff
• Assist with permit compliance/basic info on regulation, vessel sizes
– Fire Protection Engineering Staff
• Assist with a greater level of review on process safety management
criteria/information
– Chemical Engineer
• Division of Fire Service is in the process of hiring a Chemical
Engineer to support the local fire departments in the rollout of this
regulation
• Provide expertise in Process Safety Management reviews
Private
- Consultants
More Information

www.mass.gov/dfs

Posting information regarding

FAQs and other helpful hints.
Review
• Overview of the History of PSM
• Brief review of OSHA Process Safety Management
(PSM) vs. EPA Risk Management Plan (RMP)
• Notable Massachusetts Incidents
• 527 CMR 33 – Applicability, Process and Categories,
Hazards, Exceptions, Vessels, Permitting, Compliance
Requirements, Emergency Response Planning, Post-
Incident Analysis
• Steps Forward
• Technical Assistance
QUESTIONS?
Cbriggs@environcorp.com

murphy@iomosaic.com