§ 41-11 Risk Reduction Program.
RCNY § 41-11
(a)The risk management plan shall include a risk reduction program.
(b)The risk reduction program shall include the following components: (1) Consideration of the use of alternative substances and equipment to eliminate or reduce the use of EHS's or regulated toxic substances in a covered process(es). A facility that eliminates or reduces the use of EHS's or regulated toxic substances below the TPQ for such substances by implementing alternatives will not be required to comply with 15 RCNY §§ 41-08 through 41-12.
(i)A responsible party must make the following considerations with respect to the use of alternative substances and equipment; (A) an assessment of the uses of EHS's and regulated toxic substances in a covered process(es); (B) an examination of alternative substances and equipment to reduce or eliminate the use of EHS's and/or regulated toxic substances in a covered process(es); (C) a timetable for implementing alternatives that are technically and economically feasible.
(ii)Mechanisms to facilitate the use of alternative substances and equipment shall include but not be limited to any of the following: (A) modification or redesign of production processes and/or products; (B) changes in materials usage, handling and storage practices, including improved inventory control, preventive maintenance and spill and leak prevention; (C) use of closed-loop reclamation, reuse or recycling processes; (D) use of other on-site recycling techniques.
(iii)To verify compliance with this section, a responsible party must submit a summary report demonstrating the consideration of the use of alternative substances and equipment.
(2)A pre-start-up safety review of the design of new or modified equipment and/or covered processes prior to operating such equipment and/or processes at a facility. A pre-start-up review is not required for the replacement of equipment or covered processes, if such replacements have the same design specifications as the existing equipment or covered processes. A pre-start-up review shall include the following: (i) an evaluation of the construction of equipment to determine that the equipment meets manufacturer's design specifications; (ii) an evaluation to determine if safety procedures, operation and maintenance procedures, and emergency procedures for equipment and covered processes, are in place and are adequate. A responsible party shall replace any procedures that are determined to be inadequate.
(3)Written standard operating procedures that provide clear instructions for the safe operation of all equipment and covered processes, which shall include the following: (i) the initial start-up procedures for each operating phase; (ii) the normal operating procedures for each operating phase; (iii) procedures for the normal shutdown of each operating phase; (iv) emergency shutdown procedures including the condition under which emergency shutdown will be required, and the assignment of shutdown responsibility to qualified operators; (v) procedures for start-up following a turnaround or after an emergency shutdown; (vi) procedures for emergency operation during each operating phase; (vii) the consequences of deviating from the standard operating procedures; (viii) a list of steps required to restore normal operation following deviation from the standard operating procedures; (ix) the precautions necessary to prevent exposure to EHS and regulated toxic substances including engineering controls and the use of personal protective equipment; (x) the control measures that will be taken of an individual who experiences physical contact or airborne exposure to an EHS or regulated toxic substance; (xi) a list of any special or unique hazards; (xii) the availability of standard operating procedures to employees who work with or maintain a process; (xiii) regular review of standard operating procedures to ensure that they conform with this section; (xiv) development and implementation of safe work practices such as lock out/tag out devices, confined space entry, opening of equipment or piping, and controls over the entrance into a facility of maintenance workers, contractors, laboratory workers, and other support personnel; (xv) description of type, location, and purpose of all safety relief devices, interlocks, alarms, detectors, controls, and activation points; (xvi) development of a table of contents and record of change in standard operating procedures; and (xvii) schedule of operator attendance at all times during the operation of covered process, including off-shifts, weekends, and turnarounds.
(4)A training program for operators of a covered process that ensures that personnel involved with EHS and/or regulated toxic substances understand the standard operating procedures developed in accordance with subdivision (b)(3) of this section. The training program shall include the following: (i) instruction in emergency operation and emergency shutdown procedures; (ii) informing employees of the safe work practices developed in accordance with subdivision (b)(3)(xiv) of this section; and (iii) the owner must provide a formal written training program. The written program shall include descriptions, qualification procedures, reference materials, training methods, and trainer qualifications. The program shall include instruction for recordkeeping as well as procedures and a schedule for evaluating training effectiveness; (iv) refresher training that must be conducted at least once every three years.
(5)A preventive maintenance program for equipment. A responsible party shall develop a list of equipment and controls the failure of which could result in a significant accidental release. The list shall include pressure vessels, storage tanks, piping systems including valves, relief and vent systems and devices, emergency shutdown systems, controls such as monitoring devices, sensors, alarms, and interlock devices and pumps.
(6)Implementation of accident release investigation procedures for identifying the causes of releases including fires and explosions. Accident investigation procedures shall be initiated as promptly as possible, but not later than 48 hours following a significant accidental release. Such procedures shall include the following: (i) a responsible party shall develop a list containing a history of significant accidental releases at a facility including a chronicle of significant accidental releases of EHS's and regulated toxic substances, the reporting history of significant accidental releases of EHS's and regulated toxic substances, and a record of the community response and interaction related to any significant accidental releases; (ii) preparation of the accident investigation report which shall include: (A) time and location of the accidental release; (B) identity, amount, and duration of the release; (C) equipment, materials, procedures, and personnel involved; (D) determination as to whether the accidental release was caused by human error, a procedural inadequacy, or equipment failure; (E) detailed description of the accident, including the number of evacuees, injuries, fatalities, and the impact on the community; (F) recommendations for preventing a recurrence, including retraining or reassignment of employees determined to be lacking in knowledge or operating procedures and safety practices; and (G) signatures and position titles of the investigators.
(7)Safety audits shall be conducted at least once every three years in order to certify that a facility is in compliance with these Rules.
(8)Management of change procedures that shall consist of written procedures which address the following considerations prior to any changes in a covered process.
