Bryan Haywood

EPA issues RMP citations @ synthetic rubber manufacturing facility (1, 3-Butadiene and NH3 & $100K)

Respondent has a synthetic rubber manufacturing process at the facility that processes two petrochemicals, butadiene and styrene, and the temperature of the reaction is controlled by anhydrous ammonia. Respondent has greater than a threshold quantity of 1, 3-Butadiene and Ammonia (anhydrous) in a process at the Facility, meeting the “covered process” definition defined by 40…...

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EPA issues RMP GDC citations @ three (3) chemical manufacturing and distribution facilities (Oxidizers and Flammable Liquids & $85K)

Respondent is the current operator of a chemical manufacturing and distribution facilities. The General Duty Clause applies to any stationary source producing, processing, handling, or storing regulated substances, as defined above, or other extremely hazardous substances (“EHS”). EHSs include regulated substances listed pursuant to Section 112(r)(3) of the Act at 40 C.F.R. § 68.130 and…...

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EPA proposing a retention period for Hot Work Permits

The requirement to issue a hot work permit, including documentation of necessary fire protection and prevention measures, is currently in the RMP regulation only for Program 3 processes. Under 40 CFR 68.85(b), “The permit shall be kept on file until completion of the hot work operations.” Under the existing RMP regulations, it can be difficult…...

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EPA’s proposing changes requiring updating RAGAGEPs

EPA initially looks to the latest version of industry codes, standards, and guidelines to determine whether an owner or operator has documented compliance with RAGAGEP under 40 CFR 68.65(d)(2), given that 40 CFR part 68 does not define the phrase “recognized and generally accepted good engineering practices.” EPA believes this application makes sense because the…...

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EPA’s proposed changes to the RMP Retail Facility Exemption

The current definition of “retail facility” at 40 CFR 68.3 is “a stationary source at which more than one-half of the income is obtained from direct sales to end users or at which more than one-half of the fuel sold, by volume, is sold through a cylinder exchange program.” The period of sales to end…...

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EPA considering changing their postion on “Storage Incident to Transportation” in regards to RMP Thresholds

Currently, under 40 CFR 68.3, the term “stationary source” does NOT apply to transportation activities, including storage incident to transportation for any regulated substance or any other extremely hazardous substance.  A stationary source does include transportation containers connected to loading/unloading equipment or used for storage, not incident to transportation. Still, the term “storage, not incident…...

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OSHA announces changes to the Severe Violator Enforcement Program (SVEP) to strengthen enforcement, improve compliance

The new criteria include violations of all hazards and OSHA standards and will continue to focus on repeat offenders in all industries. Previously, an employer could be in the program for failing to meet a limited number of standards. The changes will broaden the program’s scope with the possibility that additional industries will fall within…...

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OSHA issues PRCS citations @ tanker truck inspection facility

A 48-year-old worker entered a tanker trailer to inspect it as part of an annual U.S. Department of Transportation requirement and was overcome by exposure to bleach and chlorine gas. The worker was found unconscious in the tanker trailer, and he later died of his injuries. An investigation by OSHA determined his employer failed to…...

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EPA issues RMP GDC citations @ manufacturer of electro-optical components ($46K)

The respondent’s facility (“Facility”) is located in a mixed-use area. The Facility is located on the third and fourth floors of a mixed-use commercial/industrial building that houses medical offices, a deli, and other businesses. The Facility is located within a third of a mile of several tourist attractions, including museums and restaurants. The east end…...

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Design, Construction, and Capacity of Flammable Liquid Storage Cabinets

Another great review on the design, construction, and capacity of flammable storage cabinets, a topic that seems never to go away. Safety Tip: Single-walled supply cabinets do not work…. Membership Required You must be a member to access this content.View Membership LevelsAlready a member? Log in here...

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EPA Should Ensure Regulated Facilities Consider Risks from Climate Change

Why GAO Did This Study? Over 11,000 RMP facilities across the nation have extremely hazardous chemicals in amounts that could harm people, property, or the environment if accidentally released. Risks to these facilities include those posed by natural hazards, which may damage the facilities and potentially release the chemicals into surrounding communities. Climate change mayAccording…...

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Determining the amount released for Ammonia and Ammonium Hydroxide for Release Notification Requirements under CERCLA section 103 and EPCRA section 304

Ammonia (CAS# 7664-41-7) is an Extremely Hazardous Substance (EHS), listed at 40 CFR Part 355 Appendix A  EPA website and Appendix B with a reportable quantity (RQ) of 100 lbs. Both ammonia and ammonium hydroxide (CAS# 1336-21-6) are listed as Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) hazardous substances at 40 CFR 302.4. Under…...

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