In the little town of West, Texas, people’s lives were changed forever on April 17, 2013, when a catastrophic explosion ripped through a small fertilizer manufacturing facility. This plant had not followed the Risk Management Plan (RMP), as required by the Environmental Protection Agency (EPA) under the 1990 Clean Air Act; and responders did not know what chemicals were at the plant and the hazards they presented to appropriately contain the fire and protect themselves and the community. And if the plant had followed the RMP procedures, they would have had basic steps in place to prevent this hazardous outcome.

In this incident, the fertilizer facility had 40-60 tons of bulk ammonium nitrate in open bins, which exploded after a fire erupted in the building. Twelve firefighters and three members of the public died, and 260 people were injured. The explosion was felt up to 30 miles away and businesses, apartments, houses, a nursing home, and a school were damaged or destroyed. The plant had been built in 1961 and homes and businesses were allowed to be constructed close to the facility.

In another catastrophic event in November 2019 in Port Neches, Texas, a dangerous chemical in a 16-inch pipe was not moving, which caused a polymer to build up for more than 100 days. This led to an explosion – leaving a fire that burned for two months due to the presence of high-purity butadiene. About 50,00 people needed to be evacuated. After a comprehensive investigation of these explosions and several other severe chemical plant accidents, Executive Order 13650 directed the federal government to carry out several tasks – including modification of the RMP rule, intended to prevent chemical incidents.

Changes to the RMP Rule

The ensuing changes to the RMP rule – known as the Safer Communities by Chemical Accident Prevention (SCCAP) rule – were finalized on February 27, 2024, and went into effect May 10, 2024. The new modifications aim to protect the community, chemical plant owners/operators/workers, and emergency responders from chemical accidents. The amendments are intended to:

• Address and improve accident prevention program elements
• Enhance emergency preparedness requirements
• Ensure Local Emergency Planning Committees (LEPCs), local emergency response officials, and the public can
  access information in a user-friendly format to help them understand the risks at RMP facilities and better prepare
  for emergencies

EPA’s RMP Rule applies to approximately 11,470 U. S. facilities that use extremely hazardous substances.
Approximately 131 million people live within three miles of an RMP facility.

The final RMP Rule includes several changes – including:
     Safer Technologies
Facilities in high-accident industries must evaluate safer technologies and alternatives and implement reliable safeguards in industry sectors with high accident rates.
     Employee Participation
Facilities must improve employee participation training and decision-making in accident prevention. Employees can anonymously report unaddressed hazards.
     Third-party Audits
Facilities that have reported accidents must undergo third-party compliance audits and root-cause analyses.
     Information Sharing
Improved information sharing between facilities, communities, and emergency responders.
     Public Disclosure
Facilities must provide chemical hazard information to the public within 45 days of a request. EPA has also released an online tool that allows users to search for RMP facilities in their locality. Controls are in place to protect trade secrets.

What is the Risk Management Program

The EPA RMP is a guidance for chemical accident prevention for facilities that meet certain risk criteria. It consists of five parts:

1. Identify the Risk. The initial step is identifying the risks that the business has in its daily operations. The Rule includes a List of Regulated Substances under section 112 (r) of the Clean Air Act. These regulated substances are also subject to the requirements of the General Duty Clause promulgated by the Occupational Safety & Health Administration (OSHA). In addition to the federal list of chemicals, where the Clean Air Act Section 112 (r) has been delegated to a state, that state may have additional requirements.
2. Determine the Program Level of 1, 2 or 3. Program Level 1 covers processes that would not affect the public in the worst-case scenario. Level 2 covers operations that do not fit in Level 1 – often having relatively simple processes and may be located at small businesses. They have basic prevention practices but with less documentation and recordkeeping than Level 3. Program Level 3 covers operations that have the most hazardous processes and require the most hazard assessments and hazard prevention plans.
3. Evaluate the Risk by a Risk Assessment. This can include: a Hazard Assessment or a Process Hazard Analysis (PHA) that details the potential effects of an accidental release, an accident history of the last five years, and an evaluation of worst-case and alternative accidental releases; a Prevention Program that includes safety precautions and maintenance, monitoring, and employee training; and an Emergency Response Program that spells out emergency health care, employee training measures and procedures for informing the public and response agencies (such as the fire department, LEPCs, etc.) should an accident occur.
4. Train Employees about the risks.
5. Maintain, Monitor and Review the Risk. A RMP should be updated at complex organizations once a year, unless a major change in the process or chemicals present triggers a review. EPA requires that a Risk Management Plan be revised and resubmitted to EPA every five years.

HETI Risk Management Services

HETI has extensive expertise and experience in the implementation and management of facility-specific safety operations and procedures, including requirements needed for ensuring and maintaining compliance with EPA’s RMP. Our staff can provide a wide range of RMP services – including developing/reviewing Risk Management Plans, Risk Assessments, Hazard Assessments, Facility Audits, Emergency Response Programs, Training for Onsite Risks, and Root Cause Analyses.

To find out more about HETI’s risk management program and
regulatory support services, please contact us.
Jacqueline Armstrong
Senior Industrial Risk Manager
Phone: 978.263.4044
development@hetiservices.com

Chromium is a naturally occurring metal that can be found in many metal alloys and salts. It is even used as a dietary supplement in over-the-counter preparations. Occupational exposures to chromium can occur in the form of dusts, fumes and mists – including total chromium, trivalent chromium (III), hexavalent chromium (VI), chromic acid, chromates and dichromates. In 1976 the National Institutes of Occupational Safety and Health (NIOSH) published its Criteria for Recommended Standard for Occupational Exposure to Chromium VI based on its carcinogenicity. The International Agency for Research on Cancer has listed Chromium VI as a carcinogen based on an association with lung cancer. Following their rulemaking process in 2006, the Occupational Safety and Health Administration (OSHA) issued their comprehensive standards for Chromium VI. It is one of a handful of standards for health hazards issued by OSHA that have many requirements for employers beyond just establishing eight-hour time-weighted-average (8Hr-TWA) permissible exposure limits (PELs).

Uses of Chrome VI

Chrome VI is used as a pigment in paints and in various applications for its resistance to
corrosion. Spray painting of planes and ships was a common use of Chrome VI being
applied as a mist. It is also applied to bridges and structures exposed to saltwater.
Cutting or grinding on these surfaces can release airborne dust and fumes. Stainless
steel commonly contains Chrome VI; so hot work will generate Chrome VI fumes, and
grinding or cutting can produce airborne dust. Chrome VI is also used in the plating
industry for coating metal parts with chromic acid as well as many other applications.

What Are the Steps for OSHA Compliance

The first step for employers is to review the Safety Data Sheets for chemicals, products and base materials used in their facilities for the presence of Chrome VI. If present, then an industrial hygiene air sampling plan will need to be developed and implemented with samples analyzed by an AIHA-accredited laboratory – following the strict rules for rapid handling and analysis. The results will then be compared to the OSHA action level of 2.5 micrograms per cubic meter of air (ug/m3) and PEL of 5.0 ug/m3 for 8Hr-TWA exposures.

If the results are at or over the action level, the air monitoring will need to be repeated every six months until such time that two rounds of testing have results below the action level. Employees that are exposed will require training on the health hazards (lung cancer, cancer, and damages to the nose and nasal passageways) of Chrome VI, results of the air testing, steps they can take to reduce exposures, proper use of personal protective equipment (PPE), and the need to employ good hygiene practices. If employees are exposed above the action level for more than 30 days per year, the OSHA standard also calls for a medical surveillance program for those employees.

If the results are at or over the PEL, the air monitoring will need to be repeated every three months until such time that two rounds of testing have results below the PEL. In addition to the steps listed above, the use of respiratory protection, medical evaluations, and using change rooms and showers to minimize skin contact will be required. The employer will also have to document steps being taken to reduce exposures to Chrome VI. These may include substitution of materials with no or less Chrome VI content, engineering controls (such as localized or general ventilation) and proper housekeeping efforts. Many welding and brazing systems can be equipped with close-capture ventilation. Work surfaces will need to be maintained as free as practical from the accumulation of Chrome VI. Work areas with potential exposures at or over the PEL will need to be demarcated as “regulated areas” – which indicates PPE is required and decontamination is a must when leaving the regulated area before putting on street clothing, eating, drinking, smoking or applying cosmetics.

Other OSHA standards may also be applicable to Chrome Vi exposures – including Hazard Communication; Dipping and Coating Operations; and Ventilation in Welding, Cutting and Heating (hot work) Operations.

Conclusion

Compliance with OSHA’s comprehensive standard for occupational exposure to Chrome VI is critical in protecting long-term worker health. Training is a vital component, so that workers understand the health effects of overexposure to Chrome VI, proper use of engineering controls to reduce exposures, personal hygiene requirements, and the proper use of selected PPE. Based on exposure levels, medical surveillance by trained occupational health professionals may be required. Employers will also need to rely on an industrial hygienist
to assist with the proper evaluation of airborne exposures to Chrome VI, as well as the design and evaluation of engineering controls such as localized exhaust systems. Exposure evaluations are required initially and depending on exposure levels repeated every three or six months.

HETI…Here to Help

HETI can help businesses comply with OSHA requirements, ensure safe workplaces, and avoid costly penalties. By offering customized training programs, employing expert trainers, ensuring comprehensive compliance documentation, and providing continuous support, HETI serves as an essential partner for businesses aiming to meet regulatory requirements and create safe working environments.

References:
Small Compliance Guide for Hexavalent Chromium OSHA 3320-10N
NIOSH Criteria for a Recommended Standard for Occupational Exposure to Chromium VI, 1975
SGS Galson Sampling Guide Hexavalent Chromium updated OSHA ID 125 for Hexavalent Chromium, 2006
OSHA 29 CFR 1910.1026 for General Industry, 1926.1126 for Construction and 1915.1026 for Maritime Industries

To find out more about this and other HETI industrial hygiene services, please contact us.
Dennis Francoeur, Jr., CIH, CSP, CMI
Senior Industrial Hygienist
Phone: 978.263.4044
development@hetiservices.com