40 C.F.R. § 68.69

Operating procedures

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(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.

[61 FR 31722, June 20, 1996, as amended at 89 FR 17689, Mar. 11, 2024]
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2009–2023 · leading case: United States v. Bp Prods. North Am. Inc., 610 F. Supp. 2d 655 (S.D. Tex. 2009).
United States v. Bp Prods. North Am. Inc., 610 F. Supp. 2d 655 (S.D. Tex. 2009). “Although federal regulations required BP Products to establish and implement specific written instructions for operators and supervisors and to ensure that alarm systems and process safety components in the ISOM unit were operating correctly, see 40 C.F.R. §§ 68.69 (a),…”
United States v. Multistar Indus. Inc (E.D. Wash. 2023). · cites it 4× “Multistar did not comply with the requirement to develop and 8 implement written operating procedures as set forth at 40 C.F.R. § 68.69 (a), and 9 consequently did not train each employee with those operating procedures as set 10 forth by 40 C.”
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