Several toxic substances are listed as regulated substances under 40 CFR §68.130 with concentration qualifiers (e.g., “conc 37% or greater”). What does this concentration mean? When determining whether a threshold amount of these substances exists in a process, should I consider the weight of the entire solution, or simply the amount of the regulated toxic substance in the solution? …...

Scenario: Drums containing regulated substances (listed in 40 CFR §68.130) are stored in several separate locations at a stationary source. There is no possibility that an accidental release in any individual storage area would impact any of the other storage areas. Must the overall amount of the regulated substance present at the stationary source be considered when determining whether the threshold...

Under 40 CFR Part 68, to determine whether more than a threshold amount of a regulated substance is present at a stationary source, certain exemptions may apply. One such exemption is provided for “activities in laboratories” (40 CFR §68.115(b)(6)). If laboratory chemicals are stored outside the laboratory, are they exempt from threshold determination? … HomeRead More »

Effective February 24, 2023, 6:00 p.m. EST, the registration process for RMP*eSubmit Certifying Officials is changing to use additional Central Data Exchange (CDX) registration features. Certifying Officials will now be required to identity proof and sign a standard CDX Electronic Signature Agreement (ESA) as part of CDX the registration process. The CDX ESA is different than the facility ESA generated...

 

This is an interesting agreement, none like I have seen before.  Had OSHA done this inspection, using their new Wilfull Instance-by-Instance Penalty Adjustments, this case could have exceeded $1M in fines.  Yet, the case resulted in $0 in fines and a correction plan.  This facility had two (2) releases (Oleum and Ammonia) in the same month last year, prompting the EPA inspection. ...

Respondent operated a facility to provide pre-cooling and short­ term storage for fresh vegetables harvested by local growers, including lettuce, cabbage, and brussels sprouts. Respondent produced, used, or stored more than 10,000 pounds of ammonia (anhydrous) at the Facility and was subject to the requirements of CAA§ 112(r)(7).  Respondent was subject to Program 3 requirements because it had...

Which six words am I talking about?  There are a lot of requirements in 1910.146 and 1926.1201-.1213 that get missed on entries.  Luckily, missing a few here and there USUALLY does not equate to a tragic accident.  However, the six words I speak of are a CRITICAL PATH in a “permitted entry” into a PRCS.  And it is hardly ever done by entry supervisors, although most...

I am sure we have all heard this reference about safety and common sense.  Unfortunately there are a lot of businesses with senior management that believe this.  I find even those businesses that struggle with minimum compliance requirements will typically have this mindset about safety.  But those businesses who are going beyond the traditional OSHA compliance approach have come to...

Not many folks spend a lot of time reading 1910.1020 Access to employee exposure and medical records and it shows during most of our OSH audits.  The standard is not a safety standard, so most safety pros don’t spend much time on the standard.  But there is a lot of “document control and retention” needs embedded in the standard and most facilities that have the basic OSHA...

I am aware of all the on-line chatter about the “bureaucracy” of a written safety and health program.  Although I do not subscribe to this way of thinking and I know of maybe two facilities that are mature enough to manage safety without a lot of the traditional documentation; this SMS documentation is WAY BEYOND what is usually written in a “compliance program approach to safety.  ...

To some, there may not be much difference between leadership and management; however, there is a big difference between them. … HomeRead More »