"100 04Appendix3 GeneralDutyforDCsnotsubjecttoRMP"
R E G U L A T O R Y A F F A I R S M A N U A L S E R I E S 1 0 0 R I S K M A N A G E M E N T P R O G R A M P R O G R A M 1 0 0 . 0 4 Appendix 3: General Duty Program - Distribution Centers Not Subject to the Risk Management Program Effective Date: October 2004 Rev. # 1 Mandatory Discretionary 1 of 10 R E G U L A T O R Y A F F A I R S M A N U A L S E R I E S 1 0 0 R I S K M A N A G E M E N T P R O G R A M P R O G R A M 1 0 0 . 0 4 Introduction When Congress passed the Clear Air Act Amendments in 1990, it required the Environmental Protection Agency (EPA) to publish regulations and guidance for chemical accident prevention at facilities using extremely hazardous substances. The Risk Management Program rule was written to implement Section 112(r) of these amendments. The rule requires companies of all sizes that use certain flammable and toxic substances to develop a Risk Management Program. The rule covers these chemicals either as pure substances or in mixtures above one percent concentration and with a partial pressure greater than ten millimeters of mercury. Fisher Scientific Company, LLC (Fisher) assessed applicability of the Accidental Release Prevention rule of the Clean Air Act (40 CFR Part 68) to its Florence Distribution Center (CDC). The Distribution Center is located at 7383 Empire Drive in Florence, Kentucky (Boone County). The facility is located in an urban setting. The facility is a distribution center for laboratory equipment and laboratory-grade chemicals. Fisher requested assistance from Novel Geo-Environmental, LLC (NGE) to determine Risk Management Plan (RMP) applicability for the facility and complete the RMP, where necessary. Based on the current inventory review, CDC is not subject to the requirements of the Risk Management Program rule. This is due to the fact that the amounts of RMP-listed chemicals on-site do not exceed applicable thresholds. This RMP documentation for CDC outlines the inventory review and general duty information. Management of Change and RMP Preparation Annually, Fisher Regulatory Affairs will review CDC’s inventory to determine whether or not any chemicals are approaching threshold quantities. The reviews will be kept in Regulatory Affairs’ files and will not be sent to the individual distribution centers, except upon the request of an agency. This is an annual review, which will provide Fisher with ample time to prepare and submit the facility’s RMP as necessary prior to exceeding a threshold quantity. The facility’s RMP will be prepared and submitted according to the schedule in Table 1. Effective Date: October 2004 Rev. # 1 Mandatory Discretionary 2 of 10 R E G U L A T O R Y A F F A I R S M A N U A L S E R I E S 1 0 0 R I S K M A N A G E M E N T P R O G R A M P R O G R A M 1 0 0 . 0 4 Table 1 RMP Submittal Schedule Date by Which You Must Responsible Party Change That Occurs at Facility Update and Submit your RMP 1. A regulated substance is first On or before the date the Distribution Center present above its threshold quantity of the regulated Manager quantity in a process already substance exceeds the threshold covered or a new process in the process 2. A newly regulated substance Within 3 years of the date Regulatory Affairs is first listed USEPA listed the newly regulated compound Effective Date: October 2004 Rev. # 1 Mandatory Discretionary 3 of 10 R E G U L A T O R Y A F F A I R S M A N U A L S E R I E S 1 0 0 R I S K M A N A G E M E N T P R O G R A M P R O G R A M 1 0 0 . 0 4 Fisher Scientific Company L.L.C. General Duty Documentation For Distribution Centers Fisher Scientific Company L.L.C. (Fisher Scientific) operates this distribution center, which maintains inventories of various chemicals. Although this distribution center is not subject to RMP reporting requirements, this documentation is maintained in order to comply with the general duty requirements. Owners and operators of stationary sources producing, processing, handling, or storing regulated and extremely hazardous substances are responsible for ensuring that their chemicals are managed safely by the General Duty Clause (GDC) (Section 112 (r)(1)) of the Clean Air Act Amendments of 1990. The General Duty Clause reads as follows: The owners and operators of stationary sources producing, processing, handling, or storing [a chemical in 40 CFR Part 68 or any other extremely hazardous substance] have a general duty [in the same manner and to the same extent as the general duty clause in the Occupational Safety and Health Act (OSHA)], to identify hazards which may result from…releases using appropriate hazard assessment techniques, to design and maintain a safe facility taking such steps as are necessary to prevent releases, and to minimize the consequences of accidental releases which do occur. The Clause outlines three primary responsibilities of subject facilities: A. Identify the hazards posed by the chemicals and assess the impacts of possible release scenarios. B. Follow codes, standards, and other business practices to ensure the facility is properly constructed and maintained – and the chemical is managed safely. C. Minimize the consequences of accidental releases that do occur by having a contingency planning process, which involves community responders, if necessary, to aid in an adequate response. Fisher Scientific complies with the General Duty requirements by maintaining the three primary responsibilities as outlined in the following documentation. Effective Date: October 2004 Rev. # 1 Mandatory Discretionary 4 of 10 R E G U L A T O R Y A F F A I R S M A N U A L S E R I E S 1 0 0 R I S K M A N A G E M E N T P R O G R A M P R O G R A M 1 0 0 . 0 4 A. Hazard Identification Documentation Per the General Duty Clause (Section 112(r)(1)) of the Clean Air Act Amendments of 1990, Fisher is obligated to identify the hazards associated with the business of distributing chemicals. Fisher fulfills that obligation by doing the following: 1. Hazardous Communication The facility’s personnel have access to Material Safety Data Sheets (MSDSs) for all chemicals used or stored at the facility (paper, internet, CD-ROM). The MSDSs are under the control of the Distribution Center Manager, and they properly identify chemical hazard information associated with the products located at the facility. Further, all employees receive OSHA required Hazardous Communication training annually. 2. Release Scenarios The facility is aware of the following potential release scenarios and their consequences: A fire/explosion resulting in a release to air could occur from the storage of flammable materials on site. A chemical spill resulting in a release to the ground could occur from the storage of liquids on site. Natural disasters such as floods, hurricanes, or tornados are a possibility. The type of disaster varies with the location of the facility. A release of a toxic chemical to the air due to a chemical leak or spill. Reaction of incompatible materials. These release scenarios and associated consequences are discussed in more detail in the facility’s Emergency Response Plan and Desktop Emergency Kit. Effective Date: October 2004 Rev. # 1 Mandatory Discretionary 5 of 10 R E G U L A T O R Y A F F A I R S M A N U A L S E R I E S 1 0 0 R I S K M A N A G E M E N T P R O G R A M P R O G R A M 1 0 0 . 0 4 SUMMARY: Fisher’s Method of General Duty Requirement Responsible Party Compliance 1. Ensure employees with spill clean-up responsibilities Identify the hazards Distribution Center know how to access posed by the chemicals Manager MSDS and ensure all employees receive annual HazCom training 2. Distribution Center Keep ERP and Manager Desktop Emergency Kit updated Train Managers/ Regional ESH Manager Supervisors on Assess the impacts of contents of ERP possible release scenarios Conduct annual Distribution Center drills Manager Know distances to off-site impact if Distribution Center facility has Program Manager 1 or Program 3 RMP in place Effective Date: October 2004 Rev. # 1 Mandatory Discretionary 6 of 10 R E G U L A T O R Y A F F A I R S M A N U A L S E R I E S 1 0 0 R I S K M A N A G E M E N T P R O G R A M P R O G R A M 1 0 0 . 0 4 B. Safe Facility Design Documentation Per the General Duty Clause (Section 112(r)(1)) of the Clean Air Act Amendments of 1990, Fisher is required to design and maintain a safe chemical distribution facility. Fisher fulfills these requirements by doing the following: 1. Safety Codes To ensure that chemicals are managed safely, appropriate safety codes are considered when designing a new facility, modifying an existing facility, or attempting to bring new chemicals on-site. In addition, the majority of existing facilities have vaults that are used to store flammable and combustible materials and are designed to minimize the consequences of a fire or explosion and to segregate incompatible materials. 2. Standard Operating Procedures Due to the nature of operations at the distribution center (i.e., distribution center operations are not a "classic process"), operating procedures with specified operating limits do not apply. However, it should be noted that many operations at the facility are conducted according to practices developed through many years of established operations. These practices are enforced through on the job training. 3. Preventative Maintenance Fisher works to maintain its building and equipment so as to prevent or minimize releases. Below are some activities that exemplify these efforts: Periodic testing of sprinkler systems Fire door drop testing Forklift truck inspections Incompatible chemical segregation Only equipment used in flammable vaults is EE rated or meets Class I, Division II specifications Housekeeping program (including aisle maintenance) Inventory monitoring to prevent increases above thresholds (this is meant to be different from the inventory review that Regulatory Affairs will do annually) 4. Training The facility utilizes a training matrix, by job title, to ensure that all required environmental and safety and health training is conducted in a timely manner. A generic sample of this matrix is F100.10. The training matrix/schedule for the facility is under the control of the Regional Environmental Safety & Health Manager. Effective Date: October 2004 Rev. # 1 Mandatory Discretionary 7 of 10 R E G U L A T O R Y A F F A I R S M A N U A L S E R I E S 1 0 0 R I S K M A N A G E M E N T P R O G R A M P R O G R A M 1 0 0 . 0 4 5. Incident Investigation Facilities investigate all employee accidents that require first aid or medical treatment or that result in time lost away from work as a result of a work related injury or work duties restricted as a result of a work related injury. Additionally, accidents that result in property or equipment damage, occupational illnesses, and near miss incidents that could have caused serious injury or significant property damage, are likewise investigated. These incidents are to be documented on specified forms and submitted within 24 hours of occurrence. The procedure allows the root causes of accidents to be identified so that they can be prevented going forward. Summary: General Duty Requirement Fisher’s Method of Compliance Responsible Party 1. Segregate incompatible Distribution Center Design a safe facility chemicals Manager 3. Complete periodic Distribution Center testing of sprinkler Manager system Complete daily Distribution Center inspections of forklift Manager trucks Monitor list of PSM/RMP chemicals and alert Regulatory Chemical Buyers Affairs of potential volume increases Maintain a safe facility/ 4. manage chemicals safely Create an annual Regional ESH training schedule by Manager job title outlined in a training matrix Complete required training as outlined in Distribution Center site-specific training Manager matrix 5. Ensure that accidents Distribution Center are properly identified Manager and reported Effective Date: October 2004 Rev. # 1 Mandatory Discretionary 8 of 10 R E G U L A T O R Y A F F A I R S M A N U A L S E R I E S 1 0 0 R I S K M A N A G E M E N T P R O G R A M P R O G R A M 1 0 0 . 0 4 C. Minimization of Consequences Documentation Per the General Duty Clause (Section 112(r)(1)) of the Clean Air Act Amendments of 1990, Fisher is required to make efforts to prevent or minimize releases associated with the business of distributing chemicals. Fisher fulfills these requirements with the following actions: 1. Emergency Response Plan The facility makes updates to ensure that it has a current Emergency Response Plan (ERP), which is reviewed with all personnel. As discussed in the Hazard Identification section, the ERP identifies possible release scenarios and associated consequences, and lists community responders that will aid in adequate response of emergencies. 2. Documentation of Coordination with Local Authorities The facility has coordinated the ERP with these local officials to ensure awareness of and response to possible emergencies at the facility. A generic phone log (F100.09) used to document this coordination is attached. Local officials are provided with information regarding chemicals stored at the facility by the submission of annual Tier II reports. If the facility is not subject to Tier II reporting, a written letter is sent to local authorities informing them of the facility’s presence and identifying the Emergency Coordinator for the site. Copies of the letters sent to these responders are available at the facility. 3. Emergency Response Team Most facilities have a 24-hour HAZWOPER trained Emergency Response Team to address on-site chemical spills. Those facilities also have an agreement with an outside vendor, who serves as a backup responder. Small facilities without an on-site team have arrangements solely with an outside vendor. Effective Date: October 2004 Rev. # 1 Mandatory Discretionary 9 of 10 R E G U L A T O R Y A F F A I R S M A N U A L S E R I E S 1 0 0 R I S K M A N A G E M E N T P R O G R A M P R O G R A M 1 0 0 . 0 4 Summary: General Duty Fisher’s Method of Responsible Party Requirement Compliance 1. Maintain a current Emergency Distribution Center Response Plan Manager (ERP) for the facility Review ERP with Distribution Center facility personnel Manager 2. Submit Tier II Minimize the Regulatory Affairs information to consequences of local officials accidental releases Complete Phone that do occur by Log with local Regional ESH Manager having a officials contingency Submit copy of planning process, Distribution Center ERP to local which involves Manager officials community responders, to aid in Confirm receipt of Distribution Center ERP Manager an adequate response 3. Ensure Emergency Response Team Distribution Center receives initial and Manager annual refresher training Ensure agreement is in place with Distribution Center outside vendor for Manager spill response assistance Effective Date: October 2004 Rev. # 1 Mandatory Discretionary 10 of 10