PSM and RMP Citations/Analysis

Respondent is a limited liability company that operates as a public warehousing facility.  The term “have a general duty in the same manner and to the same extent as section 654 of title 29 [of the U. S. Code]” means owners and operators must comply with the General Duty Clause in the same manner and…...

New York State Department of Environmental Conservation (DEC) announced the execution of two Orders on Consent with SHPP US, LLC, (known as “SABIC”), in Selkirk, including $322,400 in penalties and required facility improvements. These enforcement actions resolve violations after a September 2020 incident at the SABIC plastics manufacturing facility that released approximately 22,057 pounds of…...

Respondent is the owner and operator of a facility that repackages chlorine from rail tank cars into 150 lbs. cylinders and one-ton containers, produces sodium hypochlorite from blowdown operations, and distributes water and wastewater treatment chemicals by truck that are stored in bulk tanks and railcars. On July 26, 2021, there was an incident at…...

NOTE: this is the first citation that I am aware of from EPA’s amended RMP Emergency Planning requirements.  At the time of the Inspection, Respondent had not conducted annual coordination activities with local emergency planning and response organizations for the year 2020. Notice that EPA did not seem to be concerned with the Global Pandemic,…...

OSHA has found that the U.S. Department of Interior’s Bureau of Land Management violated procedures for safe handling of chemical materials at its Helium Enrichment Unit, a federal chemical producing plant that refines and sells helium products to private entities.  OSHA issued the facility 21 notices of unsafe working conditions. This is OSHA’s first use…...

Exposure to dangerous toxins at an Alabama chemical manufacturing plant lead to the deaths of two (2) workers and sickened another worker after the employer failed to provide appropriate protective equipment and implement safe work practices during maintenance activities on chemical processing equipment.  An OSHA investigation found the exposure occurred while the workers were conducting…...

On September 15, 2021, Respondent acquired ownership and commenced operation of the manufacturing facility. Isobutane is a “regulated substance” pursuant to 40 C.F.R. § 68.3. The threshold quantity for Isobutane, as listed in 40 C.F.R. § 68.130, is 10,000 pounds. Propane is a “regulated substance” pursuant to 40 C.F.R. § 68.3. The threshold quantity for…...

Respondent owns and operates a cellophane manufacturing facility that uses Carbon disulfide in excess of the 20,000 pounds RMP TQ. On or about September 11 and 12,2019, EPA conducted an inspection of Respondent’s Facility to determine compliance with Section 112(r) of the CAA and 40 C.F.R. Part 68. From the time Respondent first had onsite…...

Oil and vapor releases into the air and fiery flares at a refinery in February and May led to an investigation that found the operator failed to meet federal workplace chemical safety standards and endangered workers.  OSHA cited the refinery for 20 violations of the Process Safety Management standard with $259,407 in proposed penalties. OSHA…...

Respondent owns and operates an ammonia refrigeration system at its meat processing facility which began operation in February 2019. The ammonia refrigeration system had an initial charge of 17,000 pounds of anhydrous ammonia when operations began, making the facility subject to requirements of Chemical Accident Prevention Provisions in accordance with 40 C.F.R. § 68.10(a) and…...

Respondent operates a petrochemical manufacturing process at the Facility, utilizing regulated substances to produce vinyl chloride monomer, meeting the definition of ” process”, as defined by 40 C.F.R. § 68.3. Sulfur dioxide, hydrogen chloride, vinyl chloride and propylene (collectively, “regulated substances”) are each a “regulated substance” pursuant to 40 C.F.R. § 68.3. EPA conducted an…...

Respondent is the owner and/or operator of a Brewery and has registered an RMPlan with the EPA for its Facility and has developed an RMProgram accidental release prevention program for the Facility. At its Facility: Respondent operates an ammonia refrigeration plant. Respondent has on-site for use, 160,300 pounds of anhydrous ammonia. Respondent has one RMProgram…...