RMP Applicability

The RMP regulation (Title 40 CFR §68) is divided into three program levels: Program 1, Program 2, and Program 3. The requirements of each program level differ in that Program 3 is more stringent than Program 2 which is more stringent than Program 1. The following flow chart which was obtained from General Guidance on Risk Management Programs for Chemical Accident Prevention, Chapter 2: Applicability of Program Levels illustrates the criteria for determining the program level of an RMP chemical process.

 

As the chart depicts, a process is subject to the Program 1 requirements if the following statements are true:

1. There are no public receptors within the distance to the endpoint for a worst-case release
2. An accidental release has not occurred which resulted in offsite impacts

Due to the definition of “worst-case release” in the RMP regulation, it is unusual for chemicals which under normal atmospheric conditions are gases to meet the Program 1 applicability requirements. As such, Statement 1 is typically “false” for these chemicals, meaning the process will be subject to either Program 2 or Program 3 requirements.

To be eligible for the Program 2 requirements, both of the following statements must be true:

1. The process is not subject to OSHA’s PSM regulation
2. The process is not classified in one of the listed NAICS codes

As Statement 1 clearly states, if a process is subject to PSM it will always be subject to the Program 3 requirements of RMP. Statement 2, which addresses classified NAICS codes, is less clearly understood.

NAICS is a statistical tool used by the Census Bureau for a variety of purposes. According to the Census.gov website:

The North American Industry Classification System (NAICS) is the standard used by Federal statistical agencies in classifying business establishments for the purpose of collecting, analyzing, and publishing statistical data related to the U.S. business economy.

The RMP regulation has classified the following ten (10) NAICS codes:

32211 Pulp mills

32411 Petroleum refineries

32511 Petrochemical manufacturing

325181 Alkalies and chlorine manufacturing

325188 All other basic inorganic chemical manufacturing

325192 Cyclic crude and intermediate manufacturing

325199 All other basic organic chemical manufacturing

325211 Plastics material and resin manufacturing

325311 Nitrogenous fertilizer manufacturing

32532 Pesticide and other agricultural chemical manufacturing

It is noticeable that eight out of ten of the classified codes involve chemical manufacturing. The other two codes cover petroleum refineries and pulp mills. With this in mind, to be eligible for the Program 2 requirements of RMP, the statements listed above that must be true can be rephrased as:

1. The process is not subject to OSHA’s PSM regulation
2. The process is not used to manufacture chemicals
3. The process is not part of a petroleum refinery
4. The process is not part of a pulp mill

Should any of the four statements be false, the process will be subject to the Program 3 requirements of RMP. A modified version of the flow program applicability flow chart is illustrated below:

 

Note: CalARP program level determination can be made by following the same steps as outlined for RMP.