I usually do not waste time posting the Expedited Settlement Agreements, as these cases are typically minor record-keeping violations with low-dollar amount citations. However, one thing that irks me is how public utilities receive lenient treatment regarding the amount they pay for violating the EPA’s RMP regulations. And to make matters worse, they dare to state that this is in the public interest....

Respondent is the owner and/or operator of a facility that operates an ammonia refrigeration plant with 39,000 pounds of anhydrous ammonia. Respondent has one RMProgram level 3 covered process, which stores or otherwise uses anhydrous ammonia in an amount exceeding its applicable threshold of 10,000 pounds. On July 18, 2023, the EPA conducted an on-site inspection of the RMProgram related records and...

The question was asked of OSHA… Whether the use of paraffin wax as a form of topical heat application is considered medical treatment beyond first aid for OSHA recordkeeping purposes? … HomeRead More »

Respondent operated a facility that refines petroleum products using a hydrofluoric acid alkylation process. Hydrofluoric Acid is a “regulated toxic substance” listed under CAA Section 112(r)(3), 42 U.S.C. § 7412(r)(3), with a TQ of 1,000 lbs. See 40 C.F.R. § 68.130, Tables 1 and 2. On June 2-3, 2022, EPA performed an inspection of the Facility to evaluate compliance with the Comprehensive Environmental...

Think of the safety journey as one of the vast improvements. When we first started managing safety, we did it by making and enforcing rules about safety and we got better, much better. Then we started to level out, we plateaued in our performance and needed to do something different. Safety got better and then it stopped improving. We were better but not excellent. And, we did not solve all of the...

An HVAC technician uses a portable ladder to access a low slope roof 12 feet high. The ladder is secured to the building and is placed at a 4/1 angle. The side rails of the ladder extend three feet above the roof landing. The HVAC unit to be worked on is 25 feet from the edge of the roof. Question: When the employee steps onto the roof’s landing from the portable ladder, and while the employee...

OSHA standard at 29 CFR 1910.25(c)(4) applies to places of employment and requires standard stairs to have a minimum width of 22 inches (56 cm) between vertical barriers. OSHA does not consider a handrail to be a vertical barrier or obstruction to that required minimum width. … HomeRead More »

Background: You stated that your client must perform service and maintenance tasks that will require power in certain circumstances. Some of the tasks qualify for the minor servicing exception to 29 CFR §1910.147 standard. However, there are other tasks that are considered service and maintenance, but still require power. An example is setting up a machine for change over to a new product run. You...

What is purpose of the list of extremely hazardous substances in regards to the emergency planning requirements of EPCRA? The extremely hazardous substances list and its threshold planning quantities are intended to help communities focus on the substances and facilities of most immediate concern for emergency planning and response.  However, while the list includes many of the chemicals...

Aqueous Film Forming Foam (AFFF), a substance commonly used by firefighters, contains ethanol, 2-(2-butoxyethoxy) which is categorized as a glycol ether.  Glycol ethers meet the definition of hazardous substance in CERCLA 101(14) because they are hazardous air pollutants pursuant to 112(b) of the Clean Air Act.  In 1990, the Clean Air Amendments added 47 individual hazardous air pollutants and five...

This once caught my eye after all the issues I have encountered with lame SDSs! Remember, these are the first line of information for responding agencies, and man, have they gone downhill over the years. With all the hype of how the GHS would improve the MSDSs of the old days, it has been a colossal disappointment. Now, the EPA has gotten onto the bandwagon regarding their accuracy… When submitting...

A facility has a spill of an extremely hazardous substance in an amount greater than its reportable quantity.  The spill occurs on a concrete floor that is inside a facility building.  Before the spill can be cleaned up, a portion (less than RQ) of the EHS enters the outside atmosphere through the window.  Persons in off-site buildings report smelling the chemical.   Does the facility owner/operator...