40 C.F.R. §§ 68.65–68.87

§68.65. Process safety information.

40 C.F.R. § 68.65

(a)

The owner or operator shall complete a compilation of written process safety information before conducting any process hazard analysis required by this part and shall keep process safety information up to date. The compilation of written process safety information is to enable the owner or operator and the employees involved in operating the process to identify and understand the hazards posed by those processes involving regulated substances. This process safety information shall include information pertaining to the hazards of the regulated substances used or produced by the process, information pertaining to the technology of the process, and information pertaining to the equipment in the process.

(b)

Information pertaining to the hazards of the regulated substances in the process. This information shall consist of at least the following:

(1)

Toxicity information;

(2)

Permissible exposure limits;

(3)

Physical data;

(4)

Reactivity data—

(5)

Corrosivity data;

(6)

Thermal and chemical stability data; and

(7)

Hazardous effects of inadvertent mixing of different materials that could foreseeably occur.

(c)

Information pertaining to the technology of the process.

(1)

Information concerning the technology of the process shall include at least the following:

(i)

A block flow diagram or simplified process flow diagram;

(ii)

Process chemistry;

(iii)

Maximum intended inventory;

(iv)

Safe upper and lower limits for such items as temperatures, pressures, flows or compositions; and,

(v)

An evaluation of the consequences of deviations.

(2)

Where the original technical information no longer exists, such information may be developed in conjunction with the process hazard analysis in sufficient detail to support the analysis.

(d)

Information pertaining to the equipment in the process.

(1)

Information pertaining to the equipment in the process shall include:

(i)

Materials of construction;

(ii)

Piping and instrument diagrams (P&ID's);

(iii)

Electrical classification;

(iv)

Relief system design and design basis;

(v)

Ventilation system design;

(vi)

Design codes and standards employed;

(vii)

Material and energy balances for processes built after June 21, 1999; and

(viii)

Safety systems (e.g. interlocks, detection or suppression systems).

(2)

The owner or operator shall ensure and document that the process is designed and maintained in compliance with recognized and generally accepted good engineering practices.

(3)

For existing equipment designed and constructed in accordance with codes, standards, or practices that are no longer in general use, the owner or operator shall determine and document that the equipment is designed, maintained, inspected, tested, and operating in a safe manner.

Notes, amendments, and revision history

Amendments

[61 FR 31722, June 20, 1996, as amended at 82 FR 4699, Jan. 13, 2017; 84 FR 69914, Dec. 19, 2019; 89 FR 17688, Mar. 11, 2024]

Source

Source: 61 FR 31722, June 20, 1996, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7412(r), 7601(a)(1), 7661-7661f.

Source

Source: 59 FR 4493, Jan. 31, 1994, unless otherwise noted.

Amendments

[61 FR 31722, June 20, 1996, as amended at 82 FR 4699, Jan. 13, 2017; 84 FR 69914, Dec. 19, 2019; 89 FR 17688, Mar. 11, 2024]

§68.67. Process hazard analysis.

40 C.F.R. § 68.67

(a)

The owner or operator shall perform an initial process hazard analysis (hazard evaluation) on processes covered by this part. The process hazard analysis shall be appropriate to the complexity of the process and shall identify, evaluate, and control the hazards involved in the process. The owner or operator shall determine and document the priority order for conducting process hazard analyses based on a rationale which includes such considerations as extent of the process hazards, number of potentially affected employees, age of the process, and operating history of the process. The process hazard analysis shall be conducted as soon as possible, but not later than June 21, 1999. Process hazards analyses completed to comply with 29 CFR 1910.119(e) are acceptable as initial process hazards analyses. These process hazard analyses shall be updated and revalidated, based on their completion date.

(b)

The owner or operator shall use one or more of the following methodologies that are appropriate to determine and evaluate the hazards of the process being analyzed.

(1)

What-If;

(2)

Checklist;

(3)

What-If/Checklist;

(4)

Hazard and Operability Study (HAZOP);

(5)

Failure Mode and Effects Analysis (FMEA);

(6)

Fault Tree Analysis; or

(7)

An appropriate equivalent methodology.

(c)

The process hazard analysis shall address:

(1)

The hazards of the process;

(2)

The identification of any previous incident which had a likely potential for catastrophic consequences;

(3)

Engineering and administrative controls applicable to the hazards and their interrelationships such as appropriate application of detection methodologies to provide early warning of releases and standby or emergency power systems. (Acceptable detection methods might include process monitoring and control instrumentation with alarms, and detection hardware such as hydrocarbon sensors.) The owner or operator shall ensure monitoring equipment associated with prevention and detection of accidental releases from covered processes has standby or backup power to provide continuous operation;

(4)

Consequences of failure of engineering and administrative controls;

(5)

Stationary source siting, including the placement of processes, equipment, and buildings within the facility, and hazards posed by proximate stationary sources, and accidental release consequences posed by proximity to the public and public receptors;

(6)

Human factors;

(7)

A qualitative evaluation of a range of the possible safety and health effects of failure of controls;

(8)

Natural hazards that could cause or exacerbate an accidental release;

(9)

Safer technology and alternative risk management measures applicable to eliminating or reducing risk from process hazards for the following covered processes and shall meet all of the following requirements:

(i)

For covered processes in NAICS codes 324 and 325, the owner or operator shall consider and document, in the following order of preference, inherently safer technology or design, passive measures, active measures, and procedural measures. A combination of risk management measures may be used to achieve the desired risk reduction.

(ii)

For covered processes in paragraphs (c)(9)(ii)(A) through (C) of this section, the owner or operator shall consider and document, in the following order of preference, inherently safer technology or design, passive measures, active measures, and procedural measures. A combination of risk management measures may be used to achieve the desired risk reduction. The owner or operator shall also determine and document the practicability of the inherently safer technologies and designs considered. The owner or operator shall include in documentation any methods used to determine practicability. For any inherently safer technologies and designs implemented, the owner or operator shall document and submit to EPA a description of the technology implemented.

(A)

In NAICS codes 324 and 325, located within 1 mile of another stationary source having a covered process in NAICS code 324 or 325;

(B)

In NAICS code 324 with hydrofluoric acid alkylation covered processes; and

(C)

In NAICS codes 324 and 325 that have had one accident that meets the accident history reporting requirements under § 68.42 since the most recent process hazard analysis under this section.

(iii)

The analysis shall be performed by a team that includes members with expertise in the process being evaluated, including at least one member who works in the process. The team members shall be documented; and

(10)

Any gaps in safety between the codes, standards, or practices to which the process was designed and constructed and the most current version of applicable codes, standards, or practices.

(d)

The process hazard analysis shall be performed by a team with expertise in engineering and process operations, and the team shall include at least one employee who has experience and knowledge specific to the process being evaluated. Also, one member of the team must be knowledgeable in the specific process hazard analysis methodology being used.

(e)

The owner or operator shall establish a system to promptly address the team's findings and recommendations; assure that the recommendations are resolved in a timely manner and that the resolution is documented; document what actions are to be taken; complete actions as soon as possible; develop a written schedule of when these actions are to be completed; communicate the actions to operating, maintenance and other employees whose work assignments are in the process and who may be affected by the recommendations or actions.

(f)

At least every five (5) years after the completion of the initial process hazard analysis, the process hazard analysis shall be updated and revalidated by a team meeting the requirements in paragraph (d) of this section, to assure that the process hazard analysis is consistent with the current process. Updated and revalidated process hazard analyses completed to comply with 29 CFR 1910.119(e) are acceptable to meet the requirements of this paragraph.

(g)

The owner or operator shall retain process hazards analyses and updates or revalidations for each process covered by this section, as well as the documented resolution of recommendations described in paragraph (e) of this section for the life of the process.

(h)

(1)

Of the covered processes listed under paragraphs (h)(1)(i) through (iii) of this section, the owner or operator shall implement at least one passive measure at the stationary source, or an inherently safer technology or design, or a combination of active and procedural measures equivalent to or greater than the risk reduction of a passive measure, resulting from paragraph (c)(9)(i) of this section:

(i)

In NAICS codes 324 and 325, located within 1 mile of another stationary source having a covered process in NAICS code 324 or 325;

(ii)

In NAICS code 324 with hydrofluoric acid alkylation covered processes; and

(iii)

In NAICS codes 324 and 325 that have had one accident that meets the accident history reporting requirements under § 68.42 since the most recent process hazard analysis under this section.

(2)

If no passive measures are identified or all are not practicable, and no inherently safer technology or design is implemented, then the owner or operator shall implement at least one active measure. If no active measures are identified or all are not practicable, the owner or operator shall implement at least one procedural measure.

(3)

For passive and active measures not implemented, the owner or operator shall document sufficient evidence to demonstrate to the implementing agency's satisfaction that implementing the measures is not practicable and the reasons for this conclusion. A claim that implementation is not practicable shall not be based solely on evidence of reduced profits or increased costs.

Notes, amendments, and revision history

Amendments

[61 FR 31722, June 20, 1996, as amended at 82 FR 4699, Jan. 13, 2017; 84 FR 69914, Dec. 19, 2019; 89 FR 17688, Mar. 11, 2024]

Source

Source: 61 FR 31722, June 20, 1996, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7412(r), 7601(a)(1), 7661-7661f.

Source

Source: 59 FR 4493, Jan. 31, 1994, unless otherwise noted.

Amendments

[61 FR 31722, June 20, 1996, as amended at 82 FR 4699, Jan. 13, 2017; 84 FR 69914, Dec. 19, 2019; 89 FR 17688, Mar. 11, 2024]

§68.69. Operating procedures.

40 C.F.R. § 68.69

(a)

The owner or operator shall develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with the process safety information and shall address at least the following elements.

(1)

Steps for each operating phase—

(i)

Initial startup;

(ii)

Normal operations;

(iii)

Temporary operations;

(iv)

Emergency shutdown including the conditions under which emergency shutdown is required, and the assignment of shutdown responsibility to qualified operators to ensure that emergency shutdown is executed in a safe and timely manner.

(v)

Emergency operations;

(vi)

Normal shutdown; and,

(vii)

Startup following a turnaround, or after an emergency shutdown.

(2)

Operating limits—

(i)

Consequences of deviation; and

(ii)

Steps required to correct or avoid deviation.

(3)

Safety and health considerations—

(i)

Properties of, and hazards presented by, the chemicals used in the process;

(ii)

Precautions necessary to prevent exposure, including engineering controls, administrative controls, and personal protective equipment;

(iii)

Control measures to be taken if physical contact or airborne exposure occurs;

(iv)

Quality control for raw materials and control of hazardous chemical inventory levels; and,

(v)

Any special or unique hazards.

(4)

Safety systems and their functions, including documentation when monitoring equipment associated with prevention and detection of accidental releases from covered processes is removed due to safety concerns from imminent natural hazards.

(b)

Operating procedures shall be readily accessible to employees who work in or maintain a process.

(c)

The operating procedures shall be reviewed as often as necessary to assure that they reflect current operating practice, including changes that result from changes in process chemicals, technology, and equipment, and changes to stationary sources. The owner or operator shall certify annually that these operating procedures are current and accurate.

(d)

The owner or operator shall develop and implement safe work practices to provide for the control of hazards during operations such as lockout/tagout; confined space entry; opening process equipment or piping; and control over entrance into a stationary source by maintenance, contractor, laboratory, or other support personnel. These safe work practices shall apply to employees and contractor employees.

Notes, amendments, and revision history

Amendments

[61 FR 31722, June 20, 1996, as amended at 89 FR 17689, Mar. 11, 2024]

Source

Source: 61 FR 31722, June 20, 1996, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7412(r), 7601(a)(1), 7661-7661f.

Source

Source: 59 FR 4493, Jan. 31, 1994, unless otherwise noted.

Amendments

[61 FR 31722, June 20, 1996, as amended at 89 FR 17689, Mar. 11, 2024]

§68.71. Training.

40 C.F.R. § 68.71

(a)

Initial training.

(1)

Each employee presently involved in operating a process, and each employee before being involved in operating a newly assigned process, shall be trained in an overview of the process and in the operating procedures as specified in § 68.69. The training shall include emphasis on the specific safety and health hazards, emergency operations including shutdown, and safe work practices applicable to the employee's job tasks.

(2)

In lieu of initial training for those employees already involved in operating a process on June 21, 1999 an owner or operator may certify in writing that the employee has the required knowledge, skills, and abilities to safely carry out the duties and responsibilities as specified in the operating procedures.

(b)

Refresher training. Refresher training shall be provided at least every three years, and more often if necessary, to each employee involved in operating a process to assure that the employee understands and adheres to the current operating procedures of the process. The owner or operator, in consultation with the employees involved in operating the process, shall determine the appropriate frequency of refresher training.

(c)

Training documentation. The owner or operator shall ascertain that each employee involved in operating a process has received and understood the training required by this paragraph. The owner or operator shall prepare a record which contains the identity of the employee, the date of training, and the means used to verify that the employee understood the training.

Notes, amendments, and revision history

Amendments

[61 FR 31722, June 20, 1996, as amended at 82 FR 4699, Jan. 13, 2017; 84 FR 69914, Dec. 19, 2019]

Source

Source: 61 FR 31722, June 20, 1996, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7412(r), 7601(a)(1), 7661-7661f.

Source

Source: 59 FR 4493, Jan. 31, 1994, unless otherwise noted.

Amendments

[61 FR 31722, June 20, 1996, as amended at 82 FR 4699, Jan. 13, 2017; 84 FR 69914, Dec. 19, 2019]

§68.73. Mechanical integrity.

40 C.F.R. § 68.73

(a)

Application. Paragraphs (b) through (f) of this section apply to the following process equipment:

(1)

Pressure vessels and storage tanks;

(2)

Piping systems (including piping components such as valves);

(3)

Relief and vent systems and devices;

(4)

Emergency shutdown systems;

(5)

Controls (including monitoring devices and sensors, alarms, and interlocks) and,

(6)

Pumps.

(b)

Written procedures. The owner or operator shall establish and implement written procedures to maintain the on-going integrity of process equipment.

(c)

Training for process maintenance activities. The owner or operator shall train each employee involved in maintaining the on-going integrity of process equipment in an overview of that process and its hazards and in the procedures applicable to the employee's job tasks to assure that the employee can perform the job tasks in a safe manner.

(d)

Inspection and testing.

(1)

Inspections and tests shall be performed on process equipment.

(2)

Inspection and testing procedures shall follow recognized and generally accepted good engineering practices.

(3)

The frequency of inspections and tests of process equipment shall be consistent with applicable manufacturers' recommendations and good engineering practices, and more frequently if determined to be necessary by prior operating experience.

(4)

The owner or operator shall document each inspection and test that has been performed on process equipment. The documentation shall identify the date of the inspection or test, the name of the person who performed the inspection or test, the serial number or other identifier of the equipment on which the inspection or test was performed, a description of the inspection or test performed, and the results of the inspection or test.

(e)

Equipment deficiencies. The owner or operator shall correct deficiencies in equipment that are outside acceptable limits (defined by the process safety information in § 68.65) before further use or in a safe and timely manner when necessary means are taken to assure safe operation.

(f)

Quality assurance.

(1)

In the construction of new plants and equipment, the owner or operator shall assure that equipment as it is fabricated is suitable for the process application for which they will be used.

(2)

Appropriate checks and inspections shall be performed to assure that equipment is installed properly and consistent with design specifications and the manufacturer's instructions.

(3)

The owner or operator shall assure that maintenance materials, spare parts and equipment are suitable for the process application for which they will be used.

Notes, amendments, and revision history

Source

Source: 61 FR 31722, June 20, 1996, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7412(r), 7601(a)(1), 7661-7661f.

Source

Source: 59 FR 4493, Jan. 31, 1994, unless otherwise noted.

§68.75. Management of change.

40 C.F.R. § 68.75

(a)

The owner or operator shall establish and implement written procedures to manage changes (except for “replacements in kind”) to process chemicals, technology, equipment, and procedures; and, changes to stationary sources that affect a covered process.

(b)

The procedures shall assure that the following considerations are addressed prior to any change:

(1)

The technical basis for the proposed change;

(2)

Impact of change on safety and health;

(3)

Modifications to operating procedures;

(4)

Necessary time period for the change; and,

(5)

Authorization requirements for the proposed change.

(c)

Employees involved in operating a process and maintenance and contract employees whose job tasks will be affected by a change in the process shall be informed of, and trained in, the change prior to start-up of the process or affected part of the process.

(d)

If a change covered by this paragraph results in a change in the process safety information required by § 68.65 of this part, such information shall be updated accordingly.

(e)

If a change covered by this paragraph results in a change in the operating procedures or practices required by § 68.69, such procedures or practices shall be updated accordingly.

Notes, amendments, and revision history

Source

Source: 61 FR 31722, June 20, 1996, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7412(r), 7601(a)(1), 7661-7661f.

Source

Source: 59 FR 4493, Jan. 31, 1994, unless otherwise noted.

§68.77. Pre-startup review.

40 C.F.R. § 68.77

(a)

The owner or operator shall perform a pre-startup safety review for new stationary sources and for modified stationary sources when the modification is significant enough to require a change in the process safety information.

(b)

The pre-startup safety review shall confirm that prior to the introduction of regulated substances to a process:

(1)

Construction and equipment is in accordance with design specifications;

(2)

Safety, operating, maintenance, and emergency procedures are in place and are adequate;

(3)

For new stationary sources, a process hazard analysis has been performed and recommendations have been resolved or implemented before startup; and modified stationary sources meet the requirements contained in management of change, § 68.75.

(4)

Training of each employee involved in operating a process has been completed.

Notes, amendments, and revision history

Source

Source: 61 FR 31722, June 20, 1996, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7412(r), 7601(a)(1), 7661-7661f.

Source

Source: 59 FR 4493, Jan. 31, 1994, unless otherwise noted.

§68.79. Compliance audits.

40 C.F.R. § 68.79

(a)

The owner or operator shall certify that they have evaluated compliance with the provisions of this subpart, at least every three years to verify that the procedures and practices developed under this subpart are adequate and are being followed. When required as set forth in paragraph (f) of this section, the compliance audit shall be a third-party audit.

(b)

The compliance audit shall be conducted by at least one person knowledgeable in the process.

(c)

A report of the findings of the audit shall be developed.

(d)

The owner or operator shall promptly determine and document an appropriate response to each of the findings of the compliance audit, and document that deficiencies have been corrected.

(e)

The owner or operator shall retain the two (2) most recent compliance audit reports.

(f)

The next required compliance audit shall be a third-party audit when one or more of the following conditions applies:

(1)

An accidental release meeting the criteria in § 68.42(a) from a covered process at a stationary source has occurred; or

(2)

An implementing agency requires a third-party audit due to conditions at the stationary source that could lead to an accidental release of a regulated substance, or when a previous third-party audit failed to meet the competency or independence criteria of § 68.80(c).

(g)

(1)

If an implementing agency makes a preliminary determination that a third-party audit is necessary pursuant to paragraph (f)(2) of this section, the implementing agency will provide written notice to the owner or operator that describes the basis for this determination.

(2)

Within 30 days of receipt of such written notice, the owner or operator may provide information and data to, and may consult with, the implementing agency on the determination. Thereafter, the implementing agency will provide a final determination to the owner or operator.

(3)

If the final determination requires a third-party audit, the owner or operator shall comply with the requirements of § 68.80, pursuant to the schedule in paragraph (h) of this section.

(4)

The owner or operator may appeal a final determination made by an implementing agency under paragraph (g)(3) of this section within 30 days of receipt of the final determination. The appeal shall be made to the EPA Regional Administrator or, for determinations made by other implementing agencies, the administrator or director of such implementing agency. The appeal shall contain a clear and concise statement of the issues, facts in the case, and any relevant additional information. In reviewing the appeal, the implementing agency may request additional information from the owner or operator. The implementing agency will provide a written, final decision on the appeal to the owner or operator.

(h)

The audit and audit report shall be completed as in paragraph (a) of this section, unless a different timeframe is specified by the implementing agency.

Notes, amendments, and revision history

Amendments

[61 FR 31722, June 20, 1996, as amended at 64 FR 979, Jan. 6, 1999; 82 FR 4699, Jan. 13, 2017; 84 FR 69914, Dec. 19, 2019; 89 FR 17689, Mar. 11, 2024]

Source

Source: 61 FR 31722, June 20, 1996, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7412(r), 7601(a)(1), 7661-7661f.

Source

Source: 59 FR 4493, Jan. 31, 1994, unless otherwise noted.

Amendments

[61 FR 31722, June 20, 1996, as amended at 64 FR 979, Jan. 6, 1999; 82 FR 4699, Jan. 13, 2017; 84 FR 69914, Dec. 19, 2019; 89 FR 17689, Mar. 11, 2024]

§68.80. Third-party audits.

40 C.F.R. § 68.80

(a)

Applicability. The owner or operator shall engage a third party to conduct an audit that evaluates compliance with the provisions of this subpart in accordance with the requirements of this section when any criterion of § 68.79(f) is met.

(b)

Third-party auditors and auditing teams. The owner or operator shall either:

(1)

Engage a third-party auditor meeting all of the competency and independence criteria in paragraph (c) of this section; or

(2)

Assemble an auditing team, led by a third-party auditor meeting all of the competency and independence criteria in paragraph (c) of this section. The team may include:

(i)

Other employees of the third-party auditor firm meeting the independence criteria of paragraph (c)(2) of this section; and

(ii)

Other personnel not employed by the third-party auditor firm, including facility personnel.

(c)

Third-party auditor qualifications. The owner or operator shall determine and document that the third-party auditor(s) meet the following competency and independence requirements:

(1)

The third-party auditor(s) shall be:

(i)

Knowledgeable with the requirements of this part;

(ii)

Experienced with the stationary source type and processes being audited and applicable recognized and generally accepted good engineering practices; and

(iii)

Trained and/or certified in proper auditing techniques.

(2)

The third-party auditor(s) shall—

(i)

Act impartially when performing all activities under this section;

(ii)

Receive no financial benefit from the outcome of the audit, apart from payment for auditing services. For purposes of this paragraph (c)(2)(ii), retired employees who otherwise satisfy the third-party auditor independence criteria in this section may qualify as independent if their sole continuing financial attachments to the owner or operator are employer-financed or managed retirement and/or health plans;

(iii)

Ensure that all third-party personnel involved in the audit sign and date a conflict of interest statement documenting that they meet the independence criteria of this paragraph (c)(2); and

(iv)

Ensure that all third-party personnel involved in the audit do not accept future employment with the owner or operator of the stationary source for a period of at least two years following submission of the final audit report. For purposes of the requirement in this paragraph (c)(2)(iv), employment does not include performing or participating in third-party audits pursuant to § 68.59 or this section.

(3)

The auditor shall have written policies and procedures to ensure that all personnel comply with the competency and independence requirements of this section.

(d)

Third-party auditor responsibilities. The owner or operator shall ensure that the third-party auditor:

(1)

Manages the audit and participates in audit initiation, design, implementation, and reporting;

(2)

Determines appropriate roles and responsibilities for the audit team members based on the qualifications of each team member;

(3)

Prepares the audit report and, where there is a team, documents the full audit team's views in the final audit report;

(4)

Certifies the final audit report and its contents as meeting the requirements of this section; and

(5)

Provides a copy of the audit report to the owner or operator.

(e)

Audit report. The audit report shall:

(1)

Identify all persons participating on the audit team, including names, titles, employers and/or affiliations, and summaries of qualifications. For third-party auditors, include information demonstrating that the competency requirements in paragraph (c)(1) of this section are met;

(2)

Describe or incorporate by reference the policies and procedures required under paragraph (c)(3) of this section;

(3)

Document the auditor's evaluation of the owner or operator's compliance with the provisions of this subpart to determine whether the procedures and practices developed by the owner or operator under this part are adequate and being followed;

(4)

Document the findings of the audit, including any identified compliance or performance deficiencies;

(5)

Summarize any significant revisions (if any) between draft and final versions of the report; and

(6)

Include the following certification, signed and dated by the third-party auditor or third-party audit team member leading the audit:

(f)

Third-party audit findings—

(1)

Findings response report. As soon as possible, but no later than 90 days after receiving the final audit report, the owner or operator shall determine an appropriate response to each of the findings in the audit report, and develop a findings response report that includes:

(i)

A copy of the final audit report;

(ii)

An appropriate response to each of the audit report findings;

(iii)

A schedule for promptly addressing deficiencies; and

(iv)

A certification, signed and dated by a senior corporate officer, or an official in an equivalent position, of the owner or operator of the stationary source, stating:

(2)

Schedule implementation. The owner or operator shall implement the schedule to address deficiencies identified in the audit findings response report in paragraph (f)(1)(iii) of this section and document the action taken to address each deficiency, along with the date completed.

(3)

Submission to Board of Directors. The owner or operator shall immediately provide a copy of each document required under paragraphs (f)(1) and (2) of this section, when completed, to the owner or operator's audit committee of the Board of Directors, or other comparable committee or individual, if applicable.

(g)

Recordkeeping. The owner or operator shall retain at the stationary source the two most recent final third-party audit reports, related findings response reports, documentation of actions taken to address deficiencies, and related records.

Notes, amendments, and revision history

Amendments

[89 FR 17689, Mar. 11, 2024]

Source

Source: 61 FR 31722, June 20, 1996, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7412(r), 7601(a)(1), 7661-7661f.

Source

Source: 59 FR 4493, Jan. 31, 1994, unless otherwise noted.

Amendments

[89 FR 17689, Mar. 11, 2024]

§68.81. Incident investigation.

40 C.F.R. § 68.81

(a)

The owner or operator shall investigate each incident which resulted in, or could reasonably have resulted in a catastrophic release.

(b)

An incident investigation shall be initiated as promptly as possible, but not later than 48 hours following the incident.

(c)

An incident investigation team shall be established and consist of at least one person knowledgeable in the process involved, including a contract employee if the incident involved work of the contractor, and other persons with appropriate knowledge and experience to thoroughly investigate and analyze the incident.

(d)

A report shall be prepared at the conclusion of the investigation which includes at a minimum:

(1)

Date of incident;

(2)

Date investigation began;

(3)

A description of the incident;

(4)

The factors that contributed to the incident; and,

(5)

Any recommendations resulting from the investigation.

(e)

The owner or operator shall establish a system to promptly address and resolve the incident report findings and recommendations. Resolutions and corrective actions shall be documented.

(f)

The report shall be reviewed with all affected personnel whose job tasks are relevant to the incident findings including contract employees where applicable.

(g)

Incident investigation reports shall be retained for five years.

(h)

The owner or operator shall ensure the following are addressed when the incident in paragraph (a) of this section meets the accident history reporting requirements under § 68.42:

(1)

The report shall be completed within 12 months of the incident, unless the implementing agency approves, in writing, an extension of time; and

(2)

The report in paragraph (d) of this section shall include factors that contributed to the incident including the initiating event, direct and indirect contributing factors, and root causes. Root causes shall be determined by conducting an analysis for each incident using a recognized method.

Notes, amendments, and revision history

Amendments

[61 FR 31722, June 20, 1996, as amended at 82 FR 4701, Jan. 13, 2017; 84 FR 69914, Dec. 19, 2019; 89 FR 17690, Mar. 11, 2024]

Source

Source: 61 FR 31722, June 20, 1996, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7412(r), 7601(a)(1), 7661-7661f.

Source

Source: 59 FR 4493, Jan. 31, 1994, unless otherwise noted.

Amendments

[61 FR 31722, June 20, 1996, as amended at 82 FR 4701, Jan. 13, 2017; 84 FR 69914, Dec. 19, 2019; 89 FR 17690, Mar. 11, 2024]

§68.83. Employee participation.

40 C.F.R. § 68.83

(a)

The owner or operator shall develop a written plan of action regarding the implementation of the employee participation requirements required by this section.

(1)

An annual written or electronic notice shall be distributed to employees and their representatives indicating that the plan is readily available to view and how to access the information.

(2)

Training shall be provided as often as necessary to ensure employees and their representatives, and management involved in the process, are informed of the details of the plan.

(b)

The owner or operator shall consult with employees and their representatives on the conduct and development of process hazards analyses and on the development of the other elements of process safety management in this part.

(c)

The owner or operator shall consult with employees knowledgeable in the process and their representatives on addressing, correcting, resolving, documenting, and implementing recommendations and findings of process hazard analyses under § 68.67(e), compliance audits under § 68.79(d), and incident investigations under § 68.81(e).

(d)

The owner or operator shall provide the following authorities to employees knowledgeable in the process and their representatives:

(1)

Recommend to the operator in charge of a unit that an operation or process be partially or completely shut down, in accordance with procedures established in § 68.69(a), based on the potential for a catastrophic release; and

(2)

Allow a qualified operator in charge of a unit to partially or completely shut down an operation or process, in accordance with procedures established in § 68.69(a), based on the potential for a catastrophic release.

(e)

(1)

The owner or operator shall develop and implement a process to allow employees and their representatives to report to either or both the owner or operator and EPA unaddressed hazards that could lead to a catastrophic release, accidents covered by § 68.42(a) but not reported under § 68.195(a), and any other noncompliance with this part.

(2)

The employee and their representatives may choose to report either anonymously or with attribution.

(3)

When a report is made to the owner or operator, a record of the report shall be maintained for three years.

(f)

The owner or operator shall provide to employees and their representatives access to process hazard analyses and to all other information required to be developed under this part.

Notes, amendments, and revision history

Amendments

[89 FR 17690, Mar. 11, 2024]

Source

Source: 61 FR 31722, June 20, 1996, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7412(r), 7601(a)(1), 7661-7661f.

Source

Source: 59 FR 4493, Jan. 31, 1994, unless otherwise noted.

Amendments

[89 FR 17690, Mar. 11, 2024]

§68.85. Hot work permit.

40 C.F.R. § 68.85

(a)

The owner or operator shall issue a hot work permit for hot work operations conducted on or near a covered process.

(b)

The permit shall document that the fire prevention and protection requirements in 29 CFR 1910.252(a) have been implemented prior to beginning the hot work operations; it shall indicate the date(s) authorized for hot work; and identify the object on which hot work is to be performed.

(c)

The permit shall be retained for three years after the completion of the hot work operations.

Notes, amendments, and revision history

Amendments

[61 FR 31722, June 20, 1996, as amended at 89 FR 17691, Mar. 11, 2024]

Source

Source: 61 FR 31722, June 20, 1996, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7412(r), 7601(a)(1), 7661-7661f.

Source

Source: 59 FR 4493, Jan. 31, 1994, unless otherwise noted.

Amendments

[61 FR 31722, June 20, 1996, as amended at 89 FR 17691, Mar. 11, 2024]

§68.87. Contractors.

40 C.F.R. § 68.87

(a)

Application. This section applies to contractors performing maintenance or repair, turnaround, major renovation, or specialty work on or adjacent to a covered process. It does not apply to contractors providing incidental services which do not influence process safety, such as janitorial work, food and drink services, laundry, delivery or other supply services.

(b)

Owner or operator responsibilities.

(1)

The owner or operator, when selecting a contractor, shall obtain and evaluate information regarding the contract owner or operator's safety performance and programs.

(2)

The owner or operator shall inform contract owner or operator of the known potential fire, explosion, or toxic release hazards related to the contractor's work and the process.

(3)

The owner or operator shall explain to the contract owner or operator the applicable provisions of subpart E of this part.

(4)

The owner or operator shall develop and implement safe work practices consistent with § 68.69(d), to control the entrance, presence, and exit of the contract owner or operator and contract employees in covered process areas.

(5)

The owner or operator shall periodically evaluate the performance of the contract owner or operator in fulfilling their obligations as specified in paragraph (c) of this section.

(c)

Contract owner or operator responsibilities.

(1)

The contract owner or operator shall assure that each contract employee is trained in the work practices necessary to safely perform his/her job.

(2)

The contract owner or operator shall assure that each contract employee is instructed in the known potential fire, explosion, or toxic release hazards related to his/her job and the process, and the applicable provisions of the emergency action plan.

(3)

The contract owner or operator shall document that each contract employee has received and understood the training required by this section. The contract owner or operator shall prepare a record which contains the identity of the contract employee, the date of training, and the means used to verify that the employee understood the training.

(4)

The contract owner or operator shall assure that each contract employee follows the safety rules of the stationary source including the safe work practices required by § 68.69(d).

(5)

The contract owner or operator shall advise the owner or operator of any unique hazards presented by the contract owner or operator's work, or of any hazards found by the contract owner or operator's work.

Notes, amendments, and revision history

Source

Source: 61 FR 31722, June 20, 1996, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7412(r), 7601(a)(1), 7661-7661f.

Source

Source: 59 FR 4493, Jan. 31, 1994, unless otherwise noted.