Complying with process safety information (PSI) resulting from new and updated recognized and generally accepted good engineering practices (RAGAGEP)
My Program 3 process was built prior to new and updated recognized and generally accepted good engineering practices (RAGAGEP) for my industry. Do I need to implement the new industry practices to comply with process safety information (PSI) requirements under 40 CFR §68.65?
EPA expects owners and operators to regularly review new and updated RAGAGEP applicable to their industry to determine where safety gaps exists within their current process. If the updated document explicitly provides that new clauses or requirements are retroactive, those updates are relevant to determining whether the owner or operator’s practice continues to conform to RAGAGEP per 40 CFR §68.65(d)(2). Where RAGAGEP are updated to be more protective but are not explicitly retroactive, per 40 §68.65(d)(3), the owner or operator should thoroughly evaluate how their process could still be considered safe amid new industry knowledge. Simply indicating that a process incident at your facility has yet to occur is an inappropriate evaluation for choosing not to adhere to updated RAGAGEP, especially considering changes to RAGAGEP may result from industry accidents, industry operating experience, improved understanding of existing hazards and newly recognized hazards. Oftentimes it will be difficult for the owner or operator to document equipment is designed, maintained, inspected, testing, and operating in a safe manner when there is extensive industry knowledge that indicates aspects of older process operations are no longer safe. Implementation of new industry practices can often relieve compliance issues with process safety information (PSI) requirements under 40 CFR §68.65.