Thursday, December 15, 2016
PHMSA Issues Safety Advisory on Use of DOT-39 Cylinders for Liquefied Flammable Compressed Gas. The U.S. Department of Transportation's (U.S. DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a safety advisory informing offerors or anyone using a DOT Specification 39 (DOT-39) cylinder that cylinders with an internal volume of 75 cubic inches (in3)(1.23 L) or more should not be filled with liquefied flammable compressed gas. The rupture or release of a liquefied flammable compressed gas from a DOT-39 cylinder with an internal volume exceeding 75 in3 is a safety concern that could result in extensive property damage, serious personal injury, or even death.
EPA explains the changes to the FINAL RMP Amendments local emergency response coordination requirements
This week EPA issued two letters explaining the changes to the local coordination requirements and they will advance local preparedness and assist local response officials, as well as the Local Coordination requirements that are included in the final rule. Here's what EPA said:
EPA clarifies the new "public information" requirements for their FINAL amendments of their RMP Rule
EPA issued several letters this week clarifying the NEW "public information" requirements in their FINAL AMENDMENTS of their RMP rule. Here are the questions that EPA answered in their letters:
EPA issued a letter explaining what incident investigations and root cause Analysis requirement changed from the proposed to final rule and what the final rule requires with regards to incident investigations. Here's what EPA said:
“Safer Technology And Alternatives” (STAA) refer to risk reduction strategies developed using a hierarchy of controls that are considered inherent, passive, active, and procedural. This strategy can be applied initially to all design phases and then continuously throughout a process’s life cycle. STAA includes concepts known as inherently safer technologies (IST) or inherently safer design (ISD), which reduce or eliminate the hazards associated with materials and operations used in a process. IST, ISD, and inherent safety are interchangeable terms that are used in the literature and in the field. The four (4) major inherently safer strategies are:
Process Hazard Analyses (PHAs) are already part of the existing rule requirements. As part of the PHA, qualifying programs in three industry categories (paper manufacturing; coal and petroleum products manufacturing; and chemical manufacturing) are required to thoroughly evaluate safer technology and alternatives when conducting their Process Hazard Analysis, however implementation is not mandatory. These categories were selected because of highest frequency of accidents.
CLICK HERE for this letter.
EPA has issued two letters that better clarify what the "Third Party Audit" requirements changed from the proposed to final rule and what the third-party audit requirements actually are. Here's what EPA said:
EPA has established the following dates for facility owners and operators to comply with the revised rule requirements:
EPA issues "letters" on their website that helps clarify many of their rule requirements, much like OSHA's Letters of Interpretation. This week OSHA issued twenty-one (21) such letters following their FINAL amendments to their Risk Management Plan rule. These two (2) letters address what EPA has done to further the safe storage and handling of Ammonium Nitrate and explains why EPA didn’t revise the RMP list of regulated substances to include Ammonium Nitrate. Here is what EPA said:
U.S. Court of Appeals for the Fifth Circuit agrees that a control room's positive pressurization unit (PPU) is part of a "covered process" (PSM)
OSHA cited a refinery in 2008 for failing to inspect a piece of equipment known as the positive pressurization unit (PPU). The refinery contends that this citation is unlawful because the PPU is not encompassed by the relevant regulations. Because this dispute involves the interpretation of a binding regulation promulgated by the agency, we defer to the agency’s interpretation if the text is ambiguous and the agency’s interpretation is reasonable. Because we conclude that the relevant portions of Section 1910.119 are ambiguous and the Secretary’s interpretation is reasonable, we AFFIRM the citation for Item 8. Here's what the court said:
U.S. Court of Appeals for the Fifth Circuit finds that OSHA can't cite for violations that were over 6 months old (PSM)
Delek purchased an oil refinery located in Tyler, Texas from Crown Central and took possession on April 29, 2005. Beginning in February 2008, OSHA conducted a four-month inspection of the refinery and issued a citation on August 18, 2008, finding violations of 29 C.F.R. § 1910.119 and other regulations that are not at issue here. Delek petitions for review of citation Items 4 and 12. Item 4 alleges a failure to resolve open findings and recommendations identified during process hazard analyses that occurred in 1994, 1998, 1999, 2004, and 2005—PRIOR to Delek purchasing and taking possession of the refinery. Item 12 alleges that Delek failed to determine and document a response to the findings of a 2005 compliance audit in a timely manner. As with Item 4, the audit at issue in Item 12 was conducted BEFORE Delek took possession of the refinery. Because we conclude that the citations for Items 4 and 12 are barred by the six-month statute of limitations in 29 U.S.C. § 658(c), we VACATE the citations for those items. Here's what the court said...
The revisions to 2015 IFC, Section 606.12 clarify the code requirements and add references to two (2) International Institute of Ammonia Refrigeration (IIAR) standards and one American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc. (ASHRAE) standard for design and operation of ammonia refrigeration systems. This edition of the IFC also pulls in a lot of Ammonia Refrigeration systems that had been outside the PSM/RMP bubble because they were under 10,000 pounds, but now, the 2015 IFC basically requires new processes to comply with IIAR-2 for system design and installation and IIAR-7 for operating procedures, as well as ASHRAE 15 for other aspects. So essentially, regardless if your process is over 10,000 pounds, all Mechanical Refrigeration systems built in states that adopt this 2015 IFC will be built and managed very much like a PSM/RMP process. Here's what changes in the 2015 IFC for Mechanical Refrigeration...
I am teaching another 1-Day Course for ASSE
Intro to Process Safety Management
February 13, 2017
The Rio, Las Vegas, NV
My Friend Jonathan Zimmerman and I are presenting at ASSE's Safety 2017
Topic: Safe Work Permit Management System
Day and Time to be posted later.
I am also working on details to do a
POST conference PSM course in CO as well.
Details to be posted later.
an unpaid endorsement
an unpaid endorsement
an unpaid endorsement
an unpaid endorsement