After more than three years of review and iterations on proposed modifications to the RMP Rule (40 CFR 68), EPA announced on December 21 the long-awaited FINAL RULE. The 372-page final rule bolsters new requirements for third party audits, incident investigations, emergency preparedness and response, and information sharing which will affect every covered facility.
In a recent decision, the Fifth Circuit vacated OSHA citations issued to Delek Refining Co. in 2008 for the alleged failure to correct PHA and audit findings that had been conducted by the prior owner of the facility prior to its acquisition by Delek. The PHAs at issue were completed in 1994, 1998, 1999, and 2004, and the audits dated back to 2001 and 2004. In vacating the citation items, the Court unanimously rejected OSHA's argument that the alleged failures were continuing violations that extended the six month statute of limitations contained in the OSH Act.
In a recent decision, the Fifth Circuit vacated OSHA citations issued to Delek Refining Co. in 2008 for the alleged failure to correct PHA and audit findings that had been conducted by the prior owner of the facility prior to its acquisition by Delek. The PHAs at issue were completed in 1994, 1998, 1999, and 2004, and the audits dated back to 2001 and 2004. In vacating the citation items, the Court unanimously rejected OSHA's argument that the alleged failures were continuing violations that extended the six month statute of limitations contained in the OSH Act.
EPA RMP and Final Rule main page:
