40 CFR 68.67 - Process hazard analysis

Cite as40 CFR 68.67
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12 practice notes
  • 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......
  • Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act
    • United States
    • Federal Register March 14, 2016
    • March 14, 2016
    ...and RMP rule both require that facility siting be addressed as one element of a PHA (see 29 CFR 1910.11 9(e)(2) and (3)(v)), and 40 CFR 68.67(c)). While EPA has not provided any guidance on how to adequately address stationary source siting in the PHA, RMP facility owners or operators can r......
  • United States v. E.I. Du Pont De Nemours & Co., Civil Action No. 2:14-25143
    • United States
    • United States District Courts. 4th Circuit. Southern District of West Virginia
    • April 24, 2015
    ...40 C.F.R. § 68.65(d)(2);COUNT 2: Failure to Update and Revalidate Process Hazard Analysis in Violation of 42 U.S.C. § 7412(r)(7) and 40 C.F.R. § 68.67(f);COUNT 3: Failure to Develop and Implement Operating Procedures in Violation of 42 U.S.C. § 7412(r)(7) and 40 C.F.R. § 68.69(a) and (c);CO......
  • Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act, Section 112(r)(7)
    • United States
    • Federal Register July 31, 2014
    • July 31, 2014
    ...and RMP rule both require that facility siting be addressed as one element of a PHA (see 29 CFR 1910.11 9(e)(2) and (3)(v)), and 40 CFR 68.67(c)). While EPA has not provided any guidance on how to adequately address stationary source siting in the PHA. RMP facility owner/operators can refer......
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3 cases
  • United States v. E.I. Du Pont De Nemours & Co., Criminal No. 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, 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.I. Du Pont De Nemours & Co., Civil Action No. 2:14-25143
    • United States
    • United States District Courts. 4th Circuit. Southern District of West Virginia
    • April 24, 2015
    ...40 C.F.R. § 68.65(d)(2);COUNT 2: Failure to Update and Revalidate Process Hazard Analysis in Violation of 42 U.S.C. § 7412(r)(7) and 40 C.F.R. § 68.67(f);COUNT 3: Failure to Develop and Implement Operating Procedures in Violation of 42 U.S.C. § 7412(r)(7) and 40 C.F.R. § 68.69(a) and (c);CO......
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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1 books & journal articles
  • Florida's Accidental Release Prevention and Risk Management Planning Act.
    • United States
    • Florida Bar Journal Vol. 73 Nbr. 5, May 1999
    • May 1, 1999
    ...Subpart C. [31] 40 C.F.R. 68.10(d). [32] 29 C.F.R. 1910.119(a) and Appendix A. [33] 40 C.F.R. 68.12(d). [34] 40 C.F.R. 68.65. [35] 40 C.F.R. 68.67 and 29 C.F.R. 1910.119(e). [36] 40 C.F.R. 68.89 and 68.71. [37] 40 C.F.R. 68.73. [38] 40 C.F.R. 68.75 and 68.77. [39] 40 C.F.R. 68.79 and 68.81.......

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