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Services and Functions 1. What are the key services and functions of the Boiler Safety program? Licensing Texas Department of Licensing and Regulation (TDLR) processes applications, administers examinations, commissions boiler inspectors, and issues certificates of operation. TDLR also commissions deputy boiler inspectors and authorized inspectors. Deputy boiler inspectors are employed by TDLR to perform certificate inspections and special inspections, and authorized inspectors are employed by private sector authorized inspection agencies to perform certificate inspections.

TDLR issues certificates of operation ranging from one to three years for boilers throughout the state. Certificates of operation are issued to boilers found to be in safe condition for operation. TDLR also coordinates the activities of the. Enforcement TDLR is the primary enforcement authority for complaints against the boiler industry. The most common complaints involve failure to get an inspection and failure to pay inspection fees. TDLR investigates and resolves complaints, conducts hearings, and may impose administrative penalties and sanctions if a violation has occurred.

Installation and commissioning. The consideration of safety-related values is based on IEC 61508. The safety manual describes the values determined for the SIL assessment and is only applicable in. This document serves as a basis for the renewal of a certificate after the expiration of its validity.

Gibonni Diskografija Torrent more. Inspections TDLR requires each boiler to be inspected internally (if applicable) and externally at the time of installation and at subsequent intervals. TDLR also reviews and maintains summary reports of the in-service inspections of nuclear boilers that are submitted by the owner or operator. TDLR performs reviews of boiler manufacture and repair facilities and owner/operators located in the state for accreditation by the American Society of Mechanical Engineers (ASME), the National Board of Boiler and Pressure Vessel Inspectors, or TDLR. TDLR also performs boiler accident investigations.

Communication TDLR offers a variety of methods to access information and services via the TDLR website, Facebook, Twitter, program brochures, Commission and Advisory Board meetings, external focus groups, press releases, a toll-free number, and an e-mail list server subscription. When and for what purpose was the program created?

The Boiler Safety program was created in 1937 and is codified in Chapter 755 of the Texas Health and Safety Code (the Code). The program was created to protect Texans through the safe operation and frequent inspection of boilers. The impetus for this regulation was the New London School explosion in 1937, which killed approximately 300 school children and teachers. In 1958, the boiler regulations were changed to encompass low-pressure steam heating boilers installed in public and private schools, colleges, universities, or county courthouses. In 1969, regulations were changed to include provisions for special inspections. In 1972, regulations were changed to require that all boilers (except cast iron) must be registered with the National Board of Boiler and Pressure Vessel Inspectors. In 1977, the Legislature adopted the sections of the ASME code relating to nuclear boilers, bringing them under the regulation of the Texas Boiler Law.

In 1989, the Texas Boiler Law, Texas Civil Statutes, Article 5221c, was codified into the Health and Safety Code, Chapter 755. Despite advances in technology, boilers are still being used to heat water and generate steam. Because these processes are inherently dangerous, regulation of the boiler industry will continue to be needed to ensure boilers are properly maintained and operated.

Where are boilers used? How many boilers are in operation in Texas?

Boilers are used in commercial facilities, such as dry cleaners, car washes, and power plants. Additionally, boilers are found in schools, hospitals, and office buildings. The regulated population includes approximately 54,600 boilers and 240 inspectors. How is this program administered? The Compliance division oversees the boiler inspection process and provides program expertise.

The Licensing division handles the certification process, including issuing certificates of operation, administering examinations, and inspector commissions. The Enforcement division investigates and resolves any complaints. Any alleged violations that are not resolved by the Enforcement division are referred to prosecutors within the Legal Services division to be resolved through the administrative hearing process.

In addition to the Chief Boiler Inspector and three Boiler Inspection Specialists, TDLR has fourteen Deputy Boiler Inspectors throughout the state whose primary responsibility is inspecting uninsured boilers. These inspectors are currently located in San Antonio, Houston, Dallas/Fort Worth, Lubbock, East Texas, Austin, and El Paso. TDLR also relies on the expertise and advice of the Board of Boiler Rules for the administration of this program. How does the Boiler Safety program work with federal and local agencies?

The Boiler Safety program works with the Texas Education Agency to educate school superintendents about boiler safety and certification requirements. We also enlist the assistance of city fire marshals to shut down unsafe boilers and city building inspectors to report newly installed boilers. The program has interagency agreements with the State Fire Marshal's Office and the Texas Department of Health for reporting unregistered or unsafe boilers. We also have contact with the Nuclear Regulatory Commission, the Public Utilities Commission, the Texas Railroad Commission, the Board of Plumbing Examiners, the State Board of Insurance, and the Occupational Safety and Health Administration. How is the Boiler Safety program funded? Fees and administrative penalties provide the total funding for this program. There are no federal grants or pass-through monies.

All revenue is deposited to and expenditures paid from the general revenue fund. TDLR's enabling statute requires the Commission to set fees in amounts reasonable and necessary to cover the costs of administering the program. Current resources provide adequate funding for the program. General FAQs 1. How do I get my Certificate of Variance? The Certificate of Variance is issued after TDLR receives the following: • Inspection report; • Repair requirements form from the Inspector with a recommendation; • Variance request form explaining how equivalent safety can be maintained (including dimensions if applicable); • Correction of all other violations; • Payment of the certificate/inspection fee and the variance processing fee; and • Chief Inspector's review and approval. How much are the certificate, inspection, and various other fees?

Inspection by authorized inspector: • Certificate of operation fee: $70 Inspection by deputy inspector: • Inspection fees for all boilers other than heating boilers: $70 • Inspection fees for heating boilers: • Boiler without a manhole: $40 • Boiler with a manhole: $70 • All fees must be paid in full before a certificate of operation will be issued. Special inspections: • The fee for a special inspection is $1,700 and must be prepaid to TDLR. This prepayment must be received by the 15th of the month, 2.5 months prior to the month in which the special inspection will be done if the special inspection is a joint review. For all other special inspections, the prepayment must be received at least five working days before the agency can initiate the requested special inspection.

Prepayment must be made by certified check or money order made payable to the Texas Department of Licensing and Regulation or via the. House Bill 3257 - 85(R) FAQs 1.How did House Bill 3257 change Texas Boiler Law?

HB 3257 made espresso machines exempt from the state boiler requirements. HB 3257 also changed the term “portable power boiler” to “portable boiler” and directed TDLR to establish rules regarding the intervals of inspection for portable boilers. 2.How does the exemption of espresso machines impact me? Espresso machines have many designs, and some of these designs incorporate boilers into the machine. Under the old law, when this type of espresso machine was used, the boiler inside the espresso machine would be required to be registered with TDLR. The boiler would then require annual boiler inspections and a Certificate of Operation issued by TDLR. Because espresso machines are now exempt, they are no longer regulated, and these requirements no longer apply.

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3.How does the modified definition of a portable boiler and the designation of required timeframes for inspection of portable boilers impact me? First, it removed the requirements for having the portable boiler inspected externally each time it is moved.

Also, power boilers are required to be inspected internally annually, so under the old law, all portable boilers – defined as power boilers - were required to have this annual internal inspection. But, any type of boiler may be installed on a trailer or used temporarily at locations while, for instance, a permanently-installed boiler is being repaired or installed. These portable or temporary boilers can also be Potable Water Heaters, Hot Water Supply Boilers and Hot Water Heating Boilers.

Boilers other than Power Boilers have different inspection cycles based upon their design, with some requiring an internal inspection every two years, and others every three years. By changing the definition name from “Portable Power Boiler” to “Portable Boiler” and allowing TDLR to establish rules for periodic inspections, only portable power boilers will be required to be inspected annually. Other portable boilers will now have periodic inspections appropriate to their design.

UNITED STATES OF AMERICA OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION HILDA L. SOLIS, SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR, Complainant, v. OSHRC Docket Nos. 09-16 BP PRODUCTS NORTH AMERICA INC., and its Successors, Respondent. STIPULATION AND AGREEMENT I.

The United States Department of Labor ('DOL'), Secretary of Labor ('Secretary'), Occupational Safety and Health Administration ('OSHA' or the 'Agency') and BP Products North America Inc. ('BP Products') (collectively, 'the Parties') agree, as fully described herein, to a full and complete settlement of (1) the contested notifications, proposed penalties, and abatement actions proposed and set forth in the Notifications of Failure to Abate Alleged Violation ('FTAN'), Items 1 – 270, that were issued to BP Products on October 29, 2009, and are docketed before the Occupational Safety and Health Review Commission ('OSHRC') as Docket No. 09-1787; (2) BP Products' Petition for Modification of Abatement Date ('PMA'), filed on September 21, 2009; and (3) BP Products' Amended Petition for Modification of Abatement Date ('Amended PMA') filed on October 5, 2009, and docketed as Docket No. Both docketed proceedings arise from the September 22, 2005 Agreement between BP Products and OSHA (the '2005 Agreement') which is hereby extended to include the abatement required herein. It is the intent of this Stipulation and Agreement (hereinafter 'Agreement') to ensure that BP Products fully complies with the provisions of the Occupational Safety and Health Act of 1970, 29 U.S.C.

§§ 651, et seq. (the 'Act'), and OSHA standards, including but not limited to the standards governing process safety management, refinery-wide at the Texas City Refinery (the 'Refinery'). It is also the intent of this Agreement that BP Products will perform, on the schedules specified herein, the remaining activities that OSHA maintains are required under the 2005 Agreement, in addition to the activities previously completed. Exhibit 1 lists abatement BP Products maintains was previously completed under the 2005 Agreement. Corporate Commitment A. Evaluations and Implementation of Permanent Controls BP Products will implement schedules and permanent controls at the Refinery that will significantly accelerate performance of the following: • Evaluating pressure relief devices and systems; • Addressing deficiencies from recognized and generally accepted good engineering practices ('RAGAGEP') in pressure relief devices and systems; • Performing robust layer of protection analyses ('LOPA's'); and • Implementing the American National Standard ('ANSI')/ISA-84. Entitled Functional Safety: Safety Instrumented Systems ('SIS') for the Process Industry Sector ('SIS Standard').

BP Products will fulfill these commitments by completing the abatement specified in Section VII. Interim Measures In addition, BP Products will implement interim measures to abate potential hazards from refinery processes consistent with 29 CFR 1910.119 (OSHA's 'PSM Standard') during the period while Permanent Modifications are evaluated and implemented. BP Products will timely implement all of the interim measures specified in Section VI below. BP Products will fulfill these commitments by completing the abatement specified in Section VI. Abatement Funds BP Products shall secure, with the support of the BP America Inc. Board of Directors, an allocation of funds in the amount of Five Hundred Million Dollars ($500,000,000) to complete the actions required by Sections VI, VII and VIII of this Agreement ('Abatement Funds').

The Abatement Funds shall be made available, as needed, without regard to apportionment over time. If additional Abatement Funds are needed to timely mitigate the potential hazards described above, BP Products shall immediately secure, with the support of the BP America Inc.

Board of Directors, the allocation of such funds to the Refinery. Corporate Liaison For the duration of this Agreement, the BP Products Vice President, US Regulatory Affairs for Refining & Marketing ('VP US Regulatory Affairs') shall serve as a liaison to ensure alignment between OSHA and the senior executives in BP.

As part of fulfilling this role, the VP US Regulatory Affairs shall have access to the BP Products and BP America Inc. Board of Directors as well as senior executives, including the Chief Executive Officer of Refining and Marketing for BP plc. Cd label software boeder. One of the duties of this role shall be to oversee and assure compliance by BP Products with this Agreement. To that end, the VP US Regulatory Affairs shall communicate as often as necessary with OSHA officials during the term of this Agreement regarding any issues related to compliance and shall report any of OSHA's concerns to the executives and appropriate Board of Directors as soon as possible.

Also, the VP US Regulatory Affairs shall provide prompt feedback to OSHA regarding the Board's response to any OSHA concerns. The Secretary may communicate with the VP US Regulatory Affairs at any time during the term of this Agreement notwithstanding any other terms in this Agreement, including the Dispute Resolution provision, at the address and phone number specified in Section XIII.P. Amendment of the FTAN A.

FTAN Items to be Withdrawn Due to inadvertent duplication, the Secretary agrees to withdraw FTAN Item Nos. 104, 130, 166, 168, 180-185, 187-194, 204, 230, and 232-240. FTAN Amended by This Agreement Excluding the withdrawn FTAN Items listed in Section III.A above, the parties agree that the FTAN Items 1-270, docketed as OSHRC No. 09-1787, are amended to include the full terms of this Agreement, including the abatement actions and dates stated herein in lieu of the abatement actions and plans in the original FTAN. Except as specifically noted in this Agreement, the failure to perform any measure required in the Agreement may be cited as failure to abate under Section 10(b) of the Act, 29 U.S.C. § 659, to the same extent as if these abatement measures had been set forth from the outset in the citations and the 2005 Agreement from which the PMA and Amended PMA arise.

Total Penalties BP Products agrees to pay the full amount of the remaining proposed penalties totaling Fifty Million, Six Hundred Ten Thousand Dollars ($50,610,000.00). Agreement Resolves All Issues This Agreement resolves BP Products' PMA and Amended PMA docketed as OSHRC Docket No. Withdrawal of Notice of Contest and Entry of Final Order Respondent hereby withdraws its notice of contest to FTAN 1-270, proposed penalties and abatement dates in OSHRC Docket No. 09-1787, as amended and set forth herein, and the parties agree to the entry of a final enforceable order of the OSHRC consistent with the terms of this Agreement.

Complainant agrees that this settlement fully resolves the FTAN. Payment of Penalties In full settlement of the penalties proposed by OSHA for the FTAN, Respondent agrees to pay the sum of Fifty Million, Six Hundred Ten Thousand Dollars ($50,610,000.00) within thirty (30) days after this Agreement becomes a final order of the OSHRC. Respondent shall tender payment to the U.S. Department of Labor, OSHA, in care of Mark Briggs, Area Director Houston South OSHA Area Office 17625 El Camino Real, Suite 400 Houston, TX 77060 VI. Interim Measures A. BP Products Agrees to Implement Interim Measures to Protect Employees BP Products shall use the Interim Measures defined in this Section to protect employees during the period that any equipment deficiencies identified pursuant to Section VII.B.

(Relief Systems) and VII.D. (LOPA's) are being corrected and layers of protection, including permanent engineering controls, consistent with applicable OSHA standards are implemented as final abatement pursuant to Section VII. Definitions: • Interim Control – a temporary device, system, or action that is designed to prevent a hazard scenario from occurring or proceeding to its unmitigated consequence. Examples of interim controls include process design changes, process control changes, changes in operating limits (e.g., reducing equipment demand), critical alarms, physical protection devices (e.g., relief valves, rupture discs, blast walls, dikes), and extraordinary testing and inspection. • Interim Safeguard – a temporary device, system, or action that is designed to prevent a hazard event from occurring or to reduce the severity of the event if it occurs.

Examples of interim safeguards include training and certification, revised operating procedures, administrative controls, plant communication, fire protection, physical barriers, and plant emergency response. • Interim Measures – Interim Controls and Interim Safeguards, collectively. • Independent Protection Layer ('IPL') – a device, system, or action that is capable of preventing a postulated accident sequence from proceeding to a defined undesirable end point. An IPL is (1) independent of the event that initiated the accident sequence and (2) independent of other IPLs.

• IPL Credit – a reduction in the probability of an event by one order of magnitude or a comparable reduction in consequence. • Permanent Modification – a long-term solution that reduces the consequence or probability of an event. Examples of permanent modifications include process design changes, equipment modifications or replacement, process control modification, permanent changes in operating limits (reducing equipment demand), and physical protection devices (e.g., relief valves, rupture discs, blast walls, dikes). Interim Measures must be Adequate to Assure Safe Operation To the extent feasible in instances in which a Permanent Modification required by this Agreement has not been implemented, BP Products shall implement as many Interim Controls as necessary to ensure safe operation.

To the extent Interim Controls are not feasible or fully adequate to ensure safe operation, BP Products will, in addition to feasible Interim Controls, implement as many Interim Safeguards as necessary to ensure safe operation; however, in all cases the Interim Measures required by this Section must be adequate to ensure safe operation consistent with 29 CFR 1910.119. Potential Hazards Requiring Three or More IPL Credits to Mitigate • When a risk of a potential hazard requiring three or more IPL Credits is identified pursuant to the LOPA of Record required by VII.D., BP Products shall begin to take action immediately (in no case more than seventy-two (72) hours after the potential hazard has been identified) to implement Interim Measures.

As soon as possible thereafter, but in no case more than ninety (90) days after identifying the potential hazard, BP Products will implement Interim Measures equivalent to one or more IPL Credits. These Interim Measures shall reduce the potential hazard to a level equivalent to that of a potential hazard requiring no more than two IPL credits to mitigate pursuant to LOPA procedures or other analyses conforming with RAGAGEP.

The Interim Measures shall remain in place until the potential hazard is abated by the implementation of a Permanent Modification as required by the LOPA of Record or other appropriate analysis. If it is not feasible to implement one or more IPL Credits within ninety (90) days to achieve this result, BP Products will immediately shut down the process in a safe and orderly manner. • For all potential hazards subject to subparagraph 1. Above, BP Products shall notify telephonically or electronically the OSHA Area Director within twenty-four (24) hours after validating that such a potential hazard exists. • No later than the seventy-fifth (75th) day before the end of the ninety (90) day period referred to in paragraph D.1.

Above, BP Products may notify the OSHA Area Director in writing that it has an alternative to shutting down the process that will effectively address the risk of the potential hazard. The notice must describe the plan in detail. BP Products may implement the alternative plan only if OSHA does not object within fifteen (15) days after receipt of the plan. At the Area Director's discretion, additional time may be granted for further evaluation prior to shutting down the process. Potential Hazards Requiring One or Two IPL Credits to Mitigate When a potential hazard requiring one or two IPL Credits is validated pursuant to the LOPA of Record process required by VII.D., BP Products will begin to take action immediately (in no case more than seventy-two (72) hours after validating a hazard) to implement Interim Measures.

The Interim Measures shall remain in place until the potential hazard is abated by the implementation of a Permanent Modification as required by the LOPA of Record or other appropriate analysis. Interim Measures are the Minimum Required The Interim Measures described in this Section VI are considered to be the minimum measures required to protect employees until Permanent Modifications are implemented. If BP Products becomes aware of economically and technically feasible measures or controls that will provide additional or more reliable protection to employees, BP Products shall advise OSHA and implement these measures or controls as soon as feasible. Increased Inspection, Testing and Maintenance of Critical Instrumentation BP Products agrees, for the duration of this Agreement, to conduct at least annually, or more frequently if required by the manufacturer's specifications or actual experience, testing and preventative maintenance of all safety critical instrumentation to enhance reliability. OSHA recognizes that certain trip systems will have individual components tested at least annually; however, the testing of the entire system can only be completed during a turnaround, which will occur less frequently. Safety Instrumented System ('SIS') testing will be governed by the procedures outlined in the SLMM contemplated by Section VII.C., below, rather than by this paragraph. BP Products has provided a list of critical instruments to OSHA.

OSHA acknowledges that the list will change over time as instruments are replaced, safety instrumented functions and systems are installed, and other changes are made at the Refinery. BP Products shall provide to OSHA updated information on the current status of inspection, testing and preventative maintenance of safety critical instrumentation at least quarterly.

Program for Inspection, Testing and Maintenance of Critical Instrumentation BP Products shall maintain a management program(s) to identify and to address inspections, tests and preventive maintenance and to document and ensure that all inspections, tests and maintenance are timely conducted as required by Section VI.G, above. Quarterly Reports on Inspection, Testing and Maintenance of Critical Instrumentation Until the abatement certification required by Section IX has been submitted, BP Products shall submit quarterly reports to OSHA starting on October 30, 2010, (for the preceding quarter which includes July, August, and September), and continuing through the expiration of this Agreement, of the safety critical instrumentation inspection, testing and preventive maintenance conducted in accordance with Section VI.G, above. In the event any inspection, testing and maintenance items are overdue, the reports shall document the specific steps taken to ensure that the overdue items are addressed timely.

Record Retention BP Products shall retain records documenting the inspections and tests required by Section VI.G. Above in accordance with 29 CFR 1910.119. If inspections and tests are conducted on Interim Measures, the retention of these inspection and testing records are required up to the time when the Permanent Modifications related to the critical instrumentation have been implemented on that particular process unit, and for two (2) years thereafter. Final Abatement of FTAN Items A. Abatement Actions Constitute Full Abatement The abatement set forth in this Section VII fully satisfies the demand for abatement set forth in the FTAN and any amendments thereto.

As discussed in Section XIII.D, below, this Agreement as to the terms of abatement does not resolve or in any way prejudice the right of OSHA to pursue all remaining claims, allegations, and penalties alleged in or related to the citations issued to BP Products and docketed as OSHRC Docket No. 09-1788, nor does it in any way prejudice BP Products' defenses to any such claims, allegations, and penalties. Equipment-Based Relief System Evaluations FTAN Items 1-28 • Consistent with the schedule and scope set forth in Exhibits 2 and 3, BP Products shall complete an evaluation of each piece of equipment requiring or providing pressure relief, which is identified by BP Products internally as 'Equipment-based validation of the Inside Unit Battery Limit (ISBL) relief systems' (hereinafter, 'evaluation' or 'evaluations'). Each evaluation shall collect and verify the accuracy of the information required to analyze the adequacy of pressure relief in the process units in accordance with RAGAGEP and shall identify any deviations from RAGAGEP as described below. Folders with the required information for both pressure relief devices and pressure relief systems shall be developed as further described in Exhibits 4 and 5. Deviations from RAGAGEP shall be listed and described in the folders. • Among other things, the evaluations shall identify pressure-relief valves for which the total non-recoverable pressure loss between the protected equipment and the pressure-relief valve exceeds three percent (3%) of the valve set pressure, except as permitted by API 520, including for pilot-operated pressure relief valves (the '3% inlet drop parameter').

BP Products shall develop a list of systems that exceed the 3% inlet drop parameter. OSHA reserves its right to assert that all systems exceeding the 3% inlet drop parameter violate the OSHA PSM Standard. BP Products reserves the right to assert that systems exceeding the 3% inlet drop parameter but that will not experience a pressure loss exceeding five percent (5%) of the valve set pressure do not violate OSHA's PSM Standard. The Parties agree that the 3% inlet drop parameter dispute will be resolved by the proceeding referred to in Section XIII.D. Rather than this proceeding. • BP Products agrees that it will correct all deficiencies in equipment that are outside acceptable limits as defined by RAGAGEP in a safe and timely manner as required by OSHA's PSM Standard. By February 12, 2012, BP Products will provide OSHA with a time line or schedule for correction of the identified deficiencies through the installation and commissioning of permanent solutions.

The dates set forth in the schedule shall provide for correction in a safe and timely manner as required by the PSM Standard. The Secretary may issue a citation alleging that the failure to meet any such final dates is a failure to comply with OSHA's PSM Standard. The Secretary agrees, however, that the failure to fulfill the obligations under this Section VII.B.3. Shall not form the basis for an allegation that the violation is a failure to abate under Section 10(b) of the Act.

Nothing herein is intended to alter the normal burdens of proof or normal procedures in any such proceeding. • BP Products shall take necessary means to assure safe operation until the potential hazard is addressed with Permanent Modifications in a safe and timely manner as required by 29 CFR 1910.119. The parties agree that the Interim Measures described above in Section VI.B constitute 'necessary means' under 29 CFR 1910.119(j) when they are adequate to assure safe operation.