PSM and RMP Citations/Analysis

This is what drives me crazy! A water treatment plant that falls under EPA’s RMP and yet has made zero effort to comply with the standard gets 11 citations, and the fine was $13,500, which was “adjusted” down to $10,800. This is a PUBLIC entity handling Chlorine (Cl2) in a densely populated area (see Google…...

The respondent was the owner or operator of the cheese production facility that used anhydrous ammonia in its refrigeration processes. Respondent was required to have a material safety data sheet for anhydrous ammonia under the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq. , and its associated regulations. Respondent produced,…...

Respondent operated a manufacturing, packaging, and distribution facility that is located immediately across the street from a residential neighborhood, less than a half mile from a high school and several businesses, and approximately a mile from US. Routes 5 and 84 and the Connecticut River. At all times relevant to the violations alleged herein, the…...

The Facility is a colloidal and polymer blend manufacturing facility. The Facility has used Epichlorohydrin and Dimethylamine to manufacture chemicals on site since at least 1999. The Facility maintains a maximum inventory of 235,000 pounds of the regulated toxic substance Epichlorohydrin, as determined under 40 C.F.R. § 68.115, which exceeds the threshold quantity of 20,000…...

The respondent was the owner or operator of a cheese production facility that used anhydrous ammonia in its refrigeration processes. Respondent was required to have a material safety data sheet for anhydrous ammonia under the Occupational Safety and Health Act of 1970 and its associated regulations. Respondent produced, processed, handled, or stored a regulated substance…...

Respondent operated a facility that utilizes anhydrous ammonia to provide cooling capabilities to processing, shipping, cooler areas, silos, and chillers for its beef and meat products. On March 30, 2022, EPA performed an inspection of the Facility to evaluate compliance with the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) Section 103, EPCRA Sections 304-312,…...

Respondent operated a facility that manufactures ammonium phosphate fertilizers and sulphuric acid. EPA conducted an on-site investigation of Respondent’s operations at the Facility pursuant to CAA Section 112(r), EPCRA Sections 304-12, and CERCLA Section 103 on January 30, 2020 (the “Inspection”). Respondent has informed EPA that the Facility no longer has any ammonia onsite as…...

The respondent owns and operates a single-site aerosol can manufacturing facility that uses, stores, and handles Isobutane (CAS# 85-28-5), a regulated substance, at the Facility in amounts over the threshold quantity for Isobutane of 10,000 lbs. The facility used, stored, and handled Butane (CAS# 106-97-8), a regulated substance, at the Facility in amounts over the…...

Respondent was the “owner or operator” of the Facility. The Facility’s refrigeration system used approximately 5,913 pounds of anhydrous ammonia. Accordingly, at the time of the violations alleged herein, Respondent operated a stationary source that handled and stored anhydrous ammonia, listed at 40 C.F.R. § 68.130, and thus was subject to the General Duty Clause…...