Kean Miller

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RAGAGEP is an acronym for the term “Recognized and Generally Accepted Good Engineering Practice.” Although this term is not defined in the PSM or RMP regulations, it is found within the Process Safety Information (PSI) and Mechanical Integrity sections. Significant controversy exists around the term and its meaning resulting, in part, in recent…

Both PSM and Program 3 of RMP require compliance with similar elements which include the:

  • accumulation of process safety information (“PSI”),;
  • some type of hazard analysis (“PHA”);
  • operating procedures;
  • training, mechanical integrity (“MI”);
  • management of change (“MOC”);
  • pre-startup reviews (“PSR”);
  • compliance audits;
  • incidents investigations;
  • employee participation

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Although the two programs have significant overlap, each has its own focus. PSM is an occupational health program intended to protect workers; RMP is intended to protect the environment and the community. PSM is an OSHA program, whereas RMP is an EPA program.

Another big difference is that RMP (the program) requires development of a…

A PHA team must have the following expertise:

  • engineering and process operations;
  • experience and knowledge specific to the process being evaluated; and
  • a facilitator (knowledgeable in the specific PHA methodology being used)

Employers must have a written plan to include employees and their representatives on the conduct and development of PHAs. 29 CFR 1910.119(c) and…

CMS issued a proposed rule on May 28, 2014 designed to reduce the rate of medically unnecessary DMEPOS items supplied to beneficiaries. According to CMS, reports issued by GAO and HHS OIG, including Comprehensive Error Rate Testing (CERT) reports, show that DMEPOS claims had a 66% improper payment rate, accounting for approximately 20% of the…

On May 15, 2014, the Environmental Protection Agency (“EPA”) announced that it intended to publish a proposed rule to amend the national emission standards governing petroleum refineries. [1]  The emission standards impacted by this proposed rulemaking are:

  • National Emission Standards for Hazardous Air Pollutants (“NESHAP”) from Petroleum Refineries (40 CFR part 63, subpart CC) (Refinery

…

As public awareness and growing concerns surrounding hydraulic fracturing (“fracking”) operations increases, regulatory agencies are taking a closer look at the process and are soliciting help from both public and industry stakeholders to better understand fracking operations. On May 19, 2014, the Environmental Protection Agency (“EPA”) solicited comments from the public and from industry stakeholders…