Welcome to the April edition of E&SSG’s Regulatory Reminder!

In this edition:

1. Monthly regulatory focus

Upcoming deadlines

There are not any deadlines coming up within the next couple months. Therefore, take a breather on the deadlines this month and we’ll start focusing on Toxic Release Inventory next month.

Monthly Focus:  Lockout/Tagout & Stormwater Permit

Overview and pep-talk

Just look at what all you have accomplished in a few short months.  Keep it up… you know what to do.

LockoutTagout (LOTO)

29 CFR 1910.147
This standard covers the servicing and maintenance of machines and equipment in which the unexpected energization or start up of the machines or equipment, or release of stored energy could cause injury to employees. This standard establishes minimum performance requirements for the control of such hazardous energy.

Energy Control Program

A program consisting of energy control procedures, employee training and periodic inspections to ensure that before any employee performs any servicing or maintenance on a machine or equipment where the unexpected energizing, start up or release of stored energy could occur and cause injury, the machine or equipment shall be isolated from the energy source and rendered inoperative.

You are not required to have specific energy control procedures on a piece of equipment that meets ALL of the following requirements:

1. The machine or equipment has no potential for stored or residual energy or reaccumulation of stored energy after shut down which could endanger employees;
2. The machine or equipment has a single energy source which can be readily identified and isolated;
3. The isolation and locking out of that energy source will completely deenergize and deactivate the machine or equipment;
4. The machine or equipment is isolated from that energy source and locked out during servicing or maintenance;
5. A single lockout device will achieve a locker-out condition;
6. The lockout device is under the exclusive control of the authorized employee performing the servicing or maintenance;
7. The servicing or maintenance does not create hazards for other employees; and
8. The employer, in utilizing this exception, has had no accidents involving the unexpected activation or reenergization of the machine or equipment during servicing or maintenance.

Requirementsof a Energy Control (LOTO) Program include:

• Energy Control Procedures (machine specific procedures)
• EmployeeTraining
• Periodic Inspections

The procedures shall clearly and specifically outline the scope, purpose,authorization, rules, and techniques to be utilized for the control of hazardous energy, and the means to enforce compliance including, but notlimited to, the following:

1. A specific statement of the intended use of the procedure;
   
2. Specific procedural steps for shutting down, isolating, blocking and securing machinesor equipment to control hazardous energy;
   
3. Specific procedural steps for the placement, removal and transfer of lockout devices ortagout devices and the responsibility for them; and
   
4. Specific requirements for testing a machine or equipment to determine and verify the effectiveness of lockout devices, tagout devices, and other energy control measures.

LOTO hardware

Items that can be used can be, but not limited to:  locks, tags, chains, wedges, key blocks, adapter pins, self-locking fasteners,or other hardware shall be provided by the employer for isolating, securing or blocking of machines or equipment from energy sources.  Lockout and tagout devices need to be able to be identified from all other hardware and devices, not to be used for anything else and have to be durable,standardized and substantial. Locks are requrired to be used in any place or machine that is capable of having a lock, unless the employer can show that a tag system is equally effective in the facility.

Tagout Devices

Tagout devices, including their means of attachment, shall be substantial enough to prevent inadvertent or accidental removal. Tagout device attachment means shall be of a non-reusable type, attachable by hand, self-locking, and non-releasable with a minimum unlocking strength of no less than 50 pounds and having the general design and basic characteristics of being at least equivalent to a one-piece, all environment-tolerant nylon cable tie. Tagout devices must be identifiable with some type of legend such as: Do Not Start. Do Not Open. Do NotClose. Do Not Energize. Do Not Operate.

Training

The employer is required by OSHA to provide training to ensure that the purpose and function of the energy control program are understood by employees and that they learn the safe application, usage, and removal of the energy controls. Training needs to include different categories of employees.  Employees are devided into authorized employees, affected employees and all other employees.

The training needs to include:

• Each authorized employee shall receive training in the recognition of applicable hazardous energy sources, the type and magnitude of the energy available in the workplace, and the methods and means necessary for energy isolation and control.
• Each affected employee must receive training on the purpose and use of the energy control procedure.
• All other employees whose work operations are or maybe in an area where energy control procedures may be utilized, need to receive training about the procedure, and about the prohibition relating toattempts to restart or reenergize machines or equipment which are locked out or tagged out.
• Employees also need to be trained when tagout systems are used, about the limitations of tags.

Retraining

Retraining has to be done for all authorized and affected employees whenever there is a change in their job assignments, a change in machines, equipment or processes that present a new hazard, or when there is a change in the energy control procedures. Conduct other retraining whenever you have reason to believe that there are deviations from or inadequacies in the employee's knowledge oruse of the energy control procedures.

Definitions

Affected employee-  An employee whose job requires him/her to operate or use a machine or equipment on which servicing or maintenance is being performed under lockout or tagout, or whose job requires him/her to work in an area in which such servicing or maintenance is being performed.

Authorized Employee-  An authorized employee is one who:

• Locks out or tags out machines or equipment in order to perform servicing, maintenance or modification on that machine or equipment
• Is authorized by line management to perform the work
• Is qualified by training and experience to perform such work
• Is able to identify the hazards associated with such work
• Is responsible for determining whether or not a written procedure exists for the LOTO activity
• For the case of awritten procedure, is trained in the use of the written procedure.

Below are some lockout tagout links that you may find helpful.

Fact Sheet (pdf)
Informational Booklet (html)
Information Booklet (pdf)
eTool (html)

SafetyU Online Training

Lockout Tagout

Content Sample

(2 min. 20 sec.)

Stormwater Permit for Industrial Facilities:  If you don’t have a Stormwater Permit you’d better get one…

To which industrial facilities does the Stormwater Multi-Sector General Permit(MSGP) apply?

Facilities must develop and implement a SWPPP to outline the procedures and equipment inplace to prevent contaminants from getting into the storm water. A Storm Water permit must also be obtained from the state or local regulatory entity.  Depending on your local regulations and SIC Code periodic reports may be required.

Operators of industrial facilities requiring an NPDES Stormwater Permit are eligible to obtain coverage under the MSGP if their activities are included within one of 29 industrial sectors AND the facility is located in an area where EPA is the NPDES permitting authority. Where an authorized state is the permitting authority,operators of regulated industrial operations should apply to the state forindustrial stormwater permit coverage.

How does an industrial facility operator determinewhether they need to obtain an NPDES Stormwater Permit?

Step 1. Determine whether the facility or site discharges to a municipal separate storm sewer system (MS4) or to waters of the United States. If it discharges to one or both,proceed to Step 2, otherwise no permit is needed.

Step 2. Determine if the facility's industrial activities are listed among the eleven Categories of Industrial Activities, provided in the federal regulations at 40 CFR122.26(b)(14) or it the facility's SIC code falls within one of the sector/subsectors identified.  If its activities are listed, proceed to Step 3, otherwise no permit is needed.

Step 3. Determine if the listed facility or site may qualify for the "noexposure" exclusion under the federal regulations at 40 CFR 122.26(g).

How does a permitted stormwater facility operatorterminate coverage?

A Notice of Termination (NOT) form for Industrial Activity must be submitted to EPA's NOI Processing Center (address identified on the NOT form) in order to terminate coverage. Permittees may submit an NOT when their facility no longer has any stormwater discharges associated with industrial activity as defined at 40 CFR 122.26(b)(14), or when they are no longer the operator of the facility.

For more detailed information on the requirements of Stormwater Discharges from Industrial Facilities … Stormwater Discharges from Industrial Facilities

Thank you for reading this month’s issue of the Regulatory Reminder! We hope you found it helpful and informative. We welcome all of your comments, suggestions and any corrections that you see we need to make. All are very important to us, so if you have any… please let us know.

Regulatory Reminder Input

Disclaimer: These Regulatory Reminders are not intended to be an exhaustive source for all of your particular facility’s compliance issues. They are designed to address the basics requirements with which most companies are required to comply. Following the Regulatory Reminder’s deadlines and Monthly Focus will not guarantee your compliance as these reminders are simply designed to help in your environmental/safety compliance efforts. You should always refer to the federal and your state’s regulations for all your requirements. Ultimately, your compliance with federal and state regulations is your responsibility. E&SSG assumes no liability for your compliance or the resources provided in these “Reminders”.

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