40 C.F.R. §68.67 - Process hazard analysis

Cite as40 C.F.R. §68.67
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5 cases
  • United States v. E.I. Du Pont De Nemours & Co.
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • January 18, 2022
    ...v. OSHRC , in which the Fifth Circuit held that two subparts of OSHA regulations, 29 C.F.R. §§ 1910.119(e)(5) and (o)(4), similar to 40 C.F.R. §§ 68.67(e) and 68.79(d), are not continuing offenses. 845 F.3d 170, 178 (5th Cir. 2016).DuPont argues that even if failing to "follow" the Line Bre......
  • United States v. E.l. Du Pont de Nemours & Co, CRIMINAL H-21-16
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • January 18, 2022
    ...v. OSHRC, in which the Fifth Circuit held that two subparts of OSHA regulations, 29 C.F.R. §§ 1910.119(e)(5) and (o)(4), similar to 40 C.F.R. §§ 68.67(e) and 68.79(d), are not continuing offenses. 845 F.3d 170, 178 (5th Cir. 2016). DuPont argues that even if failing to “follow” the Line Bre......
  • United States v. E.l. Du Pont de Nemours & Co
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • January 18, 2022
    ...v. OSHRC, in which the Fifth Circuit held that two subparts of OSHA regulations, 29 C.F.R. §§ 1910.119(e)(5) and (o)(4), similar to 40 C.F.R. §§ 68.67(e) and 68.79(d), are not continuing offenses. 845 F.3d 170, 178 (5th Cir. 2016). DuPont argues that even if failing to “follow” the Line Bre......
  • United States v. Multistar Indus.
    • United States
    • United States District Courts. 9th Circuit. Eastern District of Washington
    • August 1, 2023
    ...storing or containing TMA and any process hazard analysis (“PHA”) for TMA conducted pursuant to or meeting the requirements of 40 C.F.R. § 68.67, including any actions taken to address the findings and recommendations of such analysis. 13. In response to EPA's March 2019 Information Request......
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7 firm's commentaries
  • How Do These Common Elements Work Together to Promote Safety?
    • United States
    • LexBlog United States
    • July 22, 2014
    ...shall be appropriate to the complexity of the process and shall identify, evaluate, and control the hazards involved in the process.” 40 CFR 68.67(a). Every five years, a facility must update and revalidate the PHA. 40 CFR 68.67(f). Employers, through their PHA teams, must perform a PHA on ......
  • What is Meant by the Requirement to Resolve the Team’s Findings?
    • United States
    • LexBlog United States
    • June 21, 2014
    ...address the team’s PHA findings and recommendations to assure they are resolved in a timely matter. See 29 CFR 1910.119(e)(5) and 40 CFR 68.67(e). In accordance with Pre-startup review requirements, these PHA recommendations must be resolved or implemented prior to startup. See CFR 1910.119......
  • Impact of Delek Refining Decision on EPA’s RMP Penalty Policy
    • United States
    • LexBlog United States
    • April 25, 2017
    ...employer does not “promptly” or “timely” do as Section 1910.119 directs. Id. at 176–77. RMP has the exact same requirements, albeit at 40 C.F.R. 68.67(e) and 40 C.F.R. 68.79(d). Aligning RMP with PSM based on Delek, no duration of violation factor should apply to violations of §68.67(e) or ......
  • 112(r)(7) Air Enforcement: U.S. Environmental Protection Agency and Knoxville, Tennessee Facility Enter into Expedited Settlement Agreement
    • United States
    • JD Supra United States
    • December 7, 2017
    ...the initial PHA at least every 5 years to assure that the process hazard analysis is consistent with the current process as required by 40 CFR § 68.67(f) A $3,680 civil penalty is A copy of the ESA can be downloaded here. Walter Wright function JDS_LoadEvent...
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