Does compliance under OSHA's PSM demonstrate compliance with the risk management program?

The Clean Air Act Amendments of 1990 (CAAA) mandated the Occupational Safety and Health Administration (OSHA) to develop a regulatory program to protect workers from the risk of accidents that involve hazardous chemicals. OSHA promulgated its Process Safety Management Standard (PSM) on February 24, 1992 (57 FR 6356), codified at 40 CFR Section 1910.119. The CAAA also mandated EPA to develop a regulatory program to reduce the risk of serious chemical accidents that could affect public health and the environment. In response, EPA promulgated its List Rule on January 31, 1994 (59 FR 4478), and its Risk Management Program Rule on June 20, 1996 (61 FR 31668), codified at 40 CFR Part 68. Would a stationary source that is in compliance with OSHA's PSM already be in compliance with EPA's Risk Management Program Rule?

A process that is subject to OSHA's PSM, unless it meets the criteria for Program 1 eligibility, will be subject to Program 3 requirements under EPA's Risk Management Program Rule. The prevention program requirements for Program 3 processes under 40 CFR Sections 68.65 through 68.87 are almost identical to the requirements of OSHA's PSM. Thus, a source owner or operator responsible for a process that is in compliance with OSHA's PSM should already be in compliance with the Program 3 prevention program requirements (61 FR 31687; June 20, 1996). The owner or operator of the stationary source would still need to develop a management system, conduct a hazard assessment, develop and implement an emergency response program, and submit a risk management plan.