Hazardous Material Process or Processing 527 CMR 33 CMBEN Haz_Mat_Processing.pdfHazardous Materials...

Hazardous Materials Process or Processing 527 CMR 33.00

September 2012

Hazardous Material Process or Processing

527 CMR 33.00

About the Presenter

Linda A. Swift, CHMM, CET, TURP, RABQSA Auditor

Manager, EH&S Compliance and

Systems Group

Ms. Swift is responsible for compliance services such as thedevelopment and maintenance of environmental, health and safety(EH&S) management programs (EHSMP), EH&S managementsystems (EMS), EH&S compliance and environmental systemconformance audits, environmental permitting, development anddelivery of EH&S training, contingency and emergency responseplanning, hazardous materials permitting and reporting, and TURplanning.

With more than 20 years of environmental management experience,she has assisted industrial clients with the development ofenvironmental programs, systems, and training to help the client meettheir environmental obligations. She has also developed compliancetools such as regulatory registers and compliance calendars to assistin the management of day to day compliance tasks. She has servedas project manager and participated in individual environmentalcompliance audits as well as in internal environmental system auditprograms to assist clients in their efforts to ensure continualimprovement of their programs and systems. She has also providedservices to help the clients return to compliance and take advantageof self-disclosure policies.

© 2012 Capaccio Environmental Engineering, Inc.


September 2012


• To mitigate the dangers of haz mat processing

• 527 CMR 33 – Hazardous Material Process or Processing

• In place January 17, 2012

• Regulates processes

– Using chemicals with NFPA 704 rating of 3 or 4

• Processes categorized by the size of the process vessel

• Requires a new permit from the fire service

• Requires demonstrating compliance with a number of other requirements

New Regulation

Danvers, MA - 2006

Middleton, MA - 2011


What’s the Process for Compliance?

Chemicals with NFPA 704 Hazard Rating of 3 or 4

Check PSM & RMP Applicability

Categorize processes according to size of process vessel

Comply with category requirements

Apply for permit by deadline


September 2012


There’s a Lot to Do• Regulation encompasses DFS, OSHA, EPA requirements

• Determine the level of compliance

• Demonstrate compliance

• Document compliance

• Educate the local fire department about your operations

NFPA rating 3 or 4Chemicals In gallonsVessel Size

•1 ‐ 5•Compliance requirementsCategory


Hazardous Material A chemical or substance that is a physical or health hazard as defined by 527 CMR 33

Physical HazardA chemical for which there is evidence that it is a combustible liquid, compressed gas, cryogenic, explosive, flammable gas, flammable liquid, flammable solid, organic peroxide, oxidizer, pyrophoric or unstable (reactive) or water-reactive material

Health HazardA classification of a chemical for which there is statistically significant evidence that acute or chronic health effects are capable of occurring in exposed persons – includes toxic or highly toxic, and corrosive

Important Definitions


September 2012


VesselThe container in which partial or the actual process takes place. Examples include beakers, pails, tanks, reactor kettles, pipe reactors, and drums.

Process or ProcessingA 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.

Important Definitions

Exemptions• Processing of hazardous materials with an NFPA 704

hazard rating of 1 or 2• Hazardous waste activities• Biological and medical activities regulated by DPH• Handling and use of liquid nitrogen cooling systems at

atmospheric pressure• Handling and repackaging of products regulated by

527 CMR 14.00• Use of inert gas• Swimming pools regulated by 105 CMR 435• Air pollution control devices that are a component of a

process regulated under 310 CMR 7.00• Production and handling of explosives and fireworks

regulated under 527 CMR 2.00, 527 CMR 13.00, and 527 CMR 16.00

• Equipment, process, handling, storage or use of compounds, liquids, pesticides, fertilizers, or soil treatments regulated under 527 CMR 35.00, 527 CMR37.00 and 248 CMR

• Motor vehicle service stations 527 CMR 5.00• Construction and maintenance in accordance with 527

CMR 14.00• Pre‐mixed products in accordance with manufacturer’s

instructions or product designed and labeled for retail sale

• Healthcare professional offices or facilities under supervision of licensed medical doctor or veterinarian THIS EXEMPTION DOES NOT APPLY TO HOSPITALS!

• Retail facilities – pharmacies, hardware stores, department stores, restaurants

• Refrigeration systems with refrigerant other than ammonia or LPG

• Processing or treatment of potable water and sanitary wastewater

• Grade I and II wastewater treatment operations• Consumption of fuels for operation of equipment –

generators, torches, and consumptive use boilers• Storage of hazardous materials in atmospheric vessels

without the benefit of chilling, refrigeration, or heat



September 2012


Process Category = RequirementsProcess Category Requirements

Category 1

Vessel < 2.5 gallons

• HazCom Program

• Chemical Hygiene Program

• Flammable Storage Permit/License

• Emergency Response Planning

• No permit required

Category 2

Vessel > 2.5 gallons < 60 gallons

• Category 1 requirements

• Emergency Response Plan with site plan

• Haz Mat Processing Permit


Process Category = RequirementsProcess Category Requirements

Category 3

Vessel 60 gallons < 300 gallonsOr process in an area classified as an H Occupancy


• Hazard Evaluation Policy• Category 3 Process Hazard Evaluation

• Process safety controls• Post incident analysis

Category 4

Vessel > 300 gallons and not a Category 5 process


• Limited Process Safety Program Policy


September 2012


Process Category = Requirements

Process Category Requirements

Category 5

Vessel capacity = PSM or RMP threshold and subject to PSM or RMP


• Self certify compliance with PSM or RMP

• Maintain Hazard Evaluation for review every 2 years


Consider PSM & RMP Thresholds

Chemical CAS # NFPA 704 Rating

Mass PSM Reg Threshold RMP (lbs) Threshold PSM

(lbs)

Ammonia (anhydrous) 7664‐41‐7 H‐3, F‐1, R‐0 Yes 10,000 10,000

Chlorine 7782‐50‐5 H‐4, F‐0, R‐0 Yes 2,500 1,500

Formaldehyde 50‐00‐0 15,000 1,000

Hydrochloric Acid 7647‐01‐0 H‐3, F‐0, R‐1 Yes 15,000 (> 37% ) ‐

Hydrogen Chloride (Anhydrous) 7647‐01‐0 H‐3, F‐0, R‐0 Yes 5,000 5,000

Hydrofluoric Acid 7664‐39‐3 H‐4, F‐0, R‐1 Yes 1000 (≥50%) 1000

Hydrogen 1333‐74‐0 H‐0, F‐4, R‐1 Yes 10,000

Nitric Acid 7697‐37‐2 H‐4, F‐0, R‐0 Yes 15000 (≥ 80%) 500 (≥ 94.5%)


September 2012


• Hazard evaluation policy

• Written evaluation

• Identify hazards (including adjacent vessels)

• Determine preventive, protective, and safety control measures

– Recognized and generally accepted good engineering and safe work practices

– Associate with process or condition and facility where process or condition is taking place

• Can use existing procedures as long as they meet 527 CMR 33 requirements

• Maintain records for a minimum of two years after the permit is issued

Category 3 Process Hazard Evaluation


• Emergency coordinators (EC)

• Up to date contact list

• Facility floor plan – locations of hazardous materials, typical volumes, location of emergency equipment

• Submit plan to fire department

• Category 3, 4, 5 – EC communicates with local fire department - concerns and protocol regarding shutdown of process

• Notify the fire department within 14 days of changes to hazardous materials or plan information

Emergency Response Planning


September 2012


• Incident involving fire department, EMS, or reportable release occurs

• Written incident analysis initiated within 48 hours of the incident

• Completed written analysis to the head of the fire department within 45 days

• Summary of cause and contributing factors

• Recommendations for prevention of future incidents

• A summary of corrective actions and dates of implementation

• Reassessment and confirmation of category and application for new permit, if category changes

Post Incident Analysis


• Process information

(e.g., MSDS, process chemistry, P&ID, safety relief design, process control safety alarms and interlocks)

• Facility suitability

(e.g., building code compliance, electrical classification, ventilation design, fire alarm and fire protection, spill containment and control)

• Process hazard analysis

(e.g., effects in the event of failure, suitable administrative and engineering controls to minimize failure and to control unanticipated releases, and emergency responses to safeguard life and property)

Category 4 Limited Process Safety Program

Process Information

Facility Suitability

Process Hazard Analysis

Limited Process Safety Program


September 2012


• Written procedures (e.g., routine operating and maintenance, precautionary, shutdown and emergency response measures)

• Written training program for operating and maintenance personnel and outside contractors

• Written records management protocol (tracks changes)

• Internal review (maximum every three years)

Category 4 Limited Process Safety Program

Documentation

Training

Records Management

Management of Change

Review


Fire service may look for:

– Height and area construction

– Control area layout and separation

– H occupancy classification

– Exhaust separation and routing

– Fire suppression and alarms

– Fire detection

– Means of egress

– Explosion control

Other Things to Consider

Code Compliance

Building Code

Fire Code

Electrical Code

– Means of egress

– Explosion control

– Spill control and secondary containment

– Monitor controls, haz mat alarms


September 2012


• Issued by the local fire department

• Annual renewal

• Withholding or denial (in writing)

• After denial fire department may require evaluation by a third party for Category 3 or 4 of process safety conditions, programs, procedures and practices

• Notify fire department of changes or modifications before they occur

Haz Mat Processing Permit


Permitting Schedule

Category 5 January 1, 2013

Category 4 June 1, 2013

Category 2 & 3 January 1, 2014

Note: Category 1 processes do not require a permit


September 2012


• Review to code at time of construction

• Review documentation on-site

• May ask questions about process to judge knowledge

• Look for good engineering and safety practices

• “No” checked on Fire Inspector’s form likely a red flag

• Have a referral program with OSHA and EPA

Permit Inspections


• Be prepared to demonstrate compliance

• Be sure existing programs are up to date

• Involve the fire service early in the process

• Be prepared to educate the fire service about your processes

Important Things to Remember


September 2012

Questions• For further assistance, please contact:

Linda Swift 508-970-0033 [email protected]

Chris Walton 508-970-0033 ext. [email protected]

Geoff Gilbert 508-970-0033 [email protected]

• For further updates and information, visit our website www.capaccio.com or follow us on http://twitter.com/capaccio_env


Resources• Massachusetts Department of Fire Services website

http://www.mass.gov/eopss/agencies/dfs/dfs2/osfm/fire-prev/527-cmr-33.html


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