The case is Scalia [Secretary of Labor] v. Wynnewood Refining Co., LLC, et al, No. 19-9533 (U.S. Tenth Circuit, October 27, 2020). Wynnewood LLC’s refinery in Oklahoma processes crude oil and on a daily basis produces 70,000 barrels of gasoline, propane, propylene, butane, fuel oils, and solvents. In 2012, one of Wynnewood Refining Co’s boilers—the
RMP Reconsidered (Proposal) – What are the Takeaways?
On May 30, 2018, the Environmental Protection Agency (EPA) published proposed revisions to the Risk Management Program (RMP) rules that would largely undo changes to the (stayed) final rule published on January 13, 2017. See 83 Fed. Reg. 24850 (May 30, 2018). Although not a complete one hundred eighty degree U-turn, the revised proposed
Consider RMP Reconsidered!
On May 17, 2018, the Environmental Protection Agency (“EPA”) released a proposed revision to the Risk Management Program (“RMP”) rule following its reconsideration of the Obama era revisions. The proposal strips out much of those additions. According to the Rule Fact Sheet, the reconsidered rule will maintain consistency with the Occupational Safety and Health Administrations’
Petroleum Refineries are back in OSHA’s National Emphasis Program (NEP) – New NEP to Apply to All
Effective January 17, 2017, the Occupational Safety and Health Administration (OSHA) issued new instructions concerning its National Emphasis Program (NEP) as it relates to chemical process subject to Process Safety Management (PSM). See Directive Number CPL-03-00-021. PSM requirements are codified at 29 CFR 1910.119. Prior NEPs were implemented for Petroleum Refining in 2007 and
EPA RMP Requirements: Third Party Audits and Privilege
On March 14, 2016, Environmental Protection Agency (“EPA”) proposed changes to the Risk Management Plan Program (“RMP”) Rule. On January 13, 2017, the EPA published a new final rule. This a second in a planned series that will address five major changes: root cause analysis for near misses, third-party audits, inherently safer technology,
Modified OSHA Policy Statement Defining Applicability: The “One Percent Rule” and Aqueous Mixtures
The Occupational Safety and Health Administration (“OSHA”) published a Request for Information (“RFI”) on December 9, 2013 concerning possible changes to the Process Safety Management (“PSM”) program codified at 29 C.F.R. 1910.119. See 78 Fed. Reg. 73756 (Dec. 9, 2013). Likewise, the Environmental Protection Agency (“EPA”) published an RFI on July 31, 2014 relating
Awaiting the Arrival of Proposed Revisions to OSHA PSM and EPA’s RMP Rules: New OSHA Policy Statement Defining RAGAGEP
The Occupational Safety and Health Administration (“OSHA”) published a Request for Information (“RFI”) on December 9, 2013 concerning possible changes to the Process Safety Management (“PSM”) program codified at 29 C.F.R. 1910.119. See 78 Fed. Reg. 73756 (Dec. 9, 2013). Likewise, the Environmental Protection Agency (“EPA”) published an RFI on July 31, 2014 relating
Awaiting the Arrival of Proposed Revisions to OSHA PSM and EPA’s RMP Rules: Requiring Third-Party Compliance Audits
The Occupational Safety and Health Administration (“OSHA”) published a Request for Information (“RFI”) on December 9, 2013 concerning possible changes to the Process Safety Management (“PSM”) program codified at 29 C.F.R. 1910.119. See 78 Fed. Reg. 73756 (Dec. 9, 2013 ). Likewise, the Environmental Protection Agency (“EPA”) published an RFI on July 31, 2014 relating
Awaiting the Arrival of Proposed Revisions to OSHA PSM and EPA’s RMP Rules: Mandatory Updating of Defining RAGAGEP
The Occupational Safety and Health Administration (“OSHA”) published a Request for Information (“RFI”) on December 9, 2013 concerning possible changes to the Process Safety Management (“PSM”) program codified at 29 C.F.R. 1910.119. See 78 Fed. Reg. 73756 (Dec. 9, 2013). Likewise, the Environmental Protection Agency (“EPA”) published an RFI on July 31, 2014 relating
Awaiting the Arrival of Proposed Revisions to OSHA PSM and EPA’s RMP Rules: Defining Recognized and Generally Acceptable Good Engineering Practices
The Occupational Safety and Health Administration (“OSHA”) published a Request for Information (“RFI”) on December 9, 2013 concerning possible changes to the Process Safety Management (“PSM”) program codified at 29 C.F.R. 1910.119. See 78 Fed. Reg. 73756 (Dec. 9, 2013). Likewise, the Environmental Protection Agency (“EPA”) published an RFI on July 31, 2014 relating