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100 04Appendix3 GeneralDutyforDCsnotsubjecttoRMP by HC120913204333

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               Appendix 3:
         General Duty Program -
   Distribution Centers Not Subject to
     the Risk Management Program




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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.




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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




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                          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.




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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.




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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




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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.

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    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

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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.




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    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




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