A description of the proposed changes are as follows:

2. TITLE 8: GENERAL INDUSTRY SAFETY ORDERS
Chapter 4, Subchapter 7, Article 109, Section 5189(b)
Pre and Post Explosives Manufacturing Research and Testing Activities Exempted-Process Safety Management
INITIAL STATEMENT OF REASONS

INFORMATIVE DIGEST OF PROPOSED ACTION/PLAIN ENGLISH OVERVIEW

Section 5189. Process Safety Management of Acutely Hazardous Materials
Subsection (b) establishes the application of Section 5189 and specifically discusses the requirements in terms of their application to chemical processes involving quantities at or above specified chemical thresholds or which involves a flammable liquid or gas as defined in the definitions portion of the regulation.

Subsection (b) also contains an exception which excludes situations which do constitute an accidental release threat such as comfort heating fuel consumption, motor vehicle gasoline use, etc., when such fuels are not part of a process involving any of the listed chemicals as indicated in Appendix A of the regulations, and retail facilities.

Subsection (b) also requires explosives manufacturing to also comply with the provisions of Article 119 as well as the PSM regulations and includes a list of phase-in effective dates for various portions of the PSM regulation.

Subsection (b)(5) excludes the installation of explosive devices, bolts, detonating cords, squibs and other explosive devices from the requirements of Section 5189.

A revision is proposed to add a new subsection (b)(6) which excludes nine (9) separate pre and post explosives manufacturing research and testing activities such as but not limited to: product testing, analysis of age testing, x-raying, scale-up research chemical formulation work, failure analysis tests, quality assurance testing, evaluating environmental effects, and assembling of engineering research provided they are conducted in separate, non-production research or test areas/facilities and cannot cause or contribute to a release or interfere with mitigation of a catastrophic release consequential to explosives manufacturing.

The proposed revision will not require the employers to do anything other than making a decision, about whether it is necessary to comply with the PSM requirements of Section 5189 based on the application in the proposal. If the employer's operations fall into one of the listed, excluded categories, the employer is not required to take any action.