{"id":1008,"date":"2018-07-18T14:37:39","date_gmt":"2018-07-18T19:37:39","guid":{"rendered":"https:\/\/taocompliance.com\/?p=1008"},"modified":"2018-07-18T14:37:39","modified_gmt":"2018-07-18T19:37:39","slug":"is-a-condenser-change-a-replacement-in-kind","status":"publish","type":"post","link":"https:\/\/taocompliance.com\/?p=1008","title":{"rendered":"Is a condenser change a Replacement in Kind?"},"content":{"rendered":"

The Question: <\/strong><\/span><\/p>\n

Imagine a project where you are going to replace an existing condenser with a newer model. Does this \u201cchange\u201d trigger the MOC element or does it fall into the Replacement in Kind <\/em>exemption to the MOC requirement?<\/span><\/p>\n

This question comes up from a customer several times a year.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

The Short answer:<\/strong><\/span><\/p>\n

The answer \u2013 if you are short on time \u2013 is: An equipment change rarely<\/strong> qualifies as a Replacement in Kind<\/em>.\u00a0<\/span><\/p>\n

\u00a0<\/span><\/p>\n

The LONG answer: <\/strong><\/span><\/p>\n

First, let\u2019s look at the relevant text of the PSM MOC requirement:<\/span><\/p>\n

\n

1910.119(l)(1) – The employer shall establish and implement written procedures to manage changes (except for “replacements in kind”) to process chemicals, technology, equipment, and procedures; and, changes to facilities that affect a covered process. <\/em>(The RMP text is essentially the same, so we\u2019re just going to focus on the PSM text)<\/span><\/p>\n<\/blockquote>\n

This text is about the scope<\/em> of the MOC requirement; or to put it another way: What triggers the requirement?<\/span><\/p>\n

This proposed condenser change is obviously a change to equipment that has the potential<\/strong> to affect a covered process <\/em>so it could<\/em><\/strong> be covered. <\/em>In theory<\/strong>, if the new condenser does not <\/strong>affect a covered process<\/em> we could classify it as a Replacement in Kind. Unfortunately, we don\u2019t actually know<\/strong> if the new condenser will affect the process until we investigate the change. Some questions we\u2019ll need to ask include (but are not limited to):<\/span><\/p>\n

1) Are there piping \/ valving changes?<\/span><\/p>\n

2) Is the overpressure protection the same?<\/span><\/p>\n

3) Does the new equipment require any changes to the inventory calculation, relief calculation, equipment schedule, etc?<\/span><\/p>\n

4) Are there any changes to the electrical requirements and controls?<\/span><\/p>\n

5) Does the new equipment require any changes to existing SOP(s) and MIP(s)?<\/span><\/p>\n

6) Does the new equipment require any changes to the existing MI schedule?<\/span><\/p>\n

7) Does the new equipment require any changes to the existing Operator Training?<\/span><\/p>\n

8) Does the new equipment require any change to the existing Process Hazard Analysis to ensure it properly identifies, evaluates and controls the hazards of the new equipment?<\/span><\/p>\n

9) Are there any other ways that this new equipment could affect safety and health?<\/span><\/p>\n

That\u2019s a lot of questions to ask and it\u2019s really just the beginning of them. To even consider this new equipment a Replacement in Kind, <\/em>we\u2019d have to ask all these questions (and more) and answer them with \u201cNo, there are no changes required\u201d. <\/em><\/span><\/p>\n

You know a great way to ensure that you ask these types of questions and properly document your answers? THE MOC ELEMENT. It is literally<\/strong> a written program to Manage Changes.<\/span><\/p>\n

While it\u2019s not very likely that you will go through the entire MOC procedure and find there are no required changes to the PSM program, if you did so, then you could properly quantify the replacement as a Replacement in Kind<\/em> and<\/strong> you would have your written questions and answers to defend<\/strong> that judgement.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

Where does the confusion come from? <\/strong><\/span><\/p>\n

Why do so many people think that these types of equipment changes are not covered by the MOC requirement? Often it’s as simple as getting bad advice from consultants or refrigeration “schools.” I think part of the confusion on the issue stems from legacy industry guidance. For the vast majority of Ammonia PSM practitioners, the IIAR is our go-to guidance on design, construction, startup, decommissioning, maintenance, etc., so it\u2019s natural to refer to them for PSM guidance.<\/span><\/p>\n

Here\u2019s a section from the IIAR\u2019s \u00a01994 \u00a0Guide to the Implementation of Process Safety Management for Ammonia Refrigeration<\/em>:<\/span><\/p>\n

\"\"<\/p>\n

 <\/p>\n

Here\u2019s the same section from the IIAR\u2019s 2012 updated Process Safety Management and Risk Management Program Guidelines:<\/em><\/span><\/p>\n

\"\"<\/p>\n

 <\/p>\n

Some quick thoughts on that guidance:<\/span><\/p>\n

1) The term \u201cLike for like\u201d does not exist in the text of the PSM or RMP rule(s) and only leads to more confusion.<\/span><\/p>\n

2) The first bullet of the 1994 guidance muddles the issue with assumptions. In the legal realm this is referred to as \u201cAssuming facts not in evidence\u201d meaning that the argument is relying on data that hasn\u2019t been provided. We don\u2019t know if the \u201cpiping, specifications, connections, instrumentation, and controls\u201d are identical until we actually perform the MOC or something A LOT like it.<\/span><\/p>\n

3) The second bullet of the 1994 guidance and the revised 2012 guidance are clearer, but they suffer from the same problem with assumptions.<\/span><\/p>\n

Note: The IIAR is currently updating the Process Safety Management and Risk Management Program Guidelines <\/em>and I expect the new version to significantly alter this guidance.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

Why does this matter? <\/strong><\/span><\/p>\n

Misclassifying a covered change as a Replacement in Kind<\/em>\u00a0often allows the facility to circumvent the Management of Change procedure.<\/span><\/span><\/p>\n

Let me offer a real-world example: During a client visit it was discovered that they were having a replacement condenser installed and that they were classifying it as a Replacement in Kind<\/em>. They explained that they were doing this because they treated a previous condenser replacement as a Replacement in Kind <\/em>due to advice from a class one of their employees had attended. We started asking some questions and in under an hour found the following:<\/span><\/p>\n

1) The relief valves had been removed from both condensers and replaced with hand valves and pipe stubs. (Presumably to allow manual purging)<\/span><\/p>\n

2) The new stubs did not have caps installed and were therefore open to the atmosphere.<\/span><\/p>\n

3) The P&IDs no longer reflected the as-built condition of the facility for either of the condensers.<\/span><\/p>\n

4) The SOPs still referred to the OLD models, not the current ones.<\/span><\/p>\n

5) The SOPs still referenced the removed relief valves.<\/span><\/p>\n

6) The PHA section covering condensers still listed relief valves as a safeguard and therefore did not properly identify, evaluate and control the hazards of the condensers.<\/span><\/p>\n

ALL <\/strong>the above issues would have been avoided with a properly conducted Management of Change procedure.<\/span><\/p>\n

Original Post: RCE-Chill<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

The Question: Imagine a project where you are going to replace an existing condenser with a newer model. Does this \u201cchange\u201d trigger the MOC element or does it fall into the Replacement in Kind exemption to the MOC requirement? This … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[8,64,73,39,65],"tags":[11,55,9,10,21,12],"class_list":["post-1008","post","type-post","status-publish","format-standard","hentry","category-compliance","category-epa","category-iiar","category-management-of-change","category-osha","tag-epa","tag-management-of-change","tag-osha","tag-psm","tag-ragagep","tag-rmp"],"_links":{"self":[{"href":"https:\/\/taocompliance.com\/index.php?rest_route=\/wp\/v2\/posts\/1008","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/taocompliance.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/taocompliance.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/taocompliance.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/taocompliance.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1008"}],"version-history":[{"count":4,"href":"https:\/\/taocompliance.com\/index.php?rest_route=\/wp\/v2\/posts\/1008\/revisions"}],"predecessor-version":[{"id":1011,"href":"https:\/\/taocompliance.com\/index.php?rest_route=\/wp\/v2\/posts\/1008\/revisions\/1011"}],"wp:attachment":[{"href":"https:\/\/taocompliance.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1008"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/taocompliance.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1008"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/taocompliance.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1008"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}