PSM and RMP Citations/Analysis

Respondent has a commercial scale distillation process used for research purposes at the Facility, meeting the definition of “process “, as defined by 40 C.F.R. § 68.3. Isobutane is a “regulated substance ” pursuant to 40 C.F.R. § 68.3 with a threshold quantity of 10,000 pounds.  Respondent has greater than a threshold quantity of isobutane,…...

The Respondent processes and freezes poultry products for distribution. The Respondent has two systems which include Anhydrous Ammonia at the Facility. The Respondent had one RMP program level 3 covered process (anhydrous ammonia refrigeration systems) which store or otherwise use a regulated substance in an amount exceeding the applicable threshold. The Respondent’s poultry freezing processes…...

The respondent is the owner and operator of a chemical manufacturing facility. EPA conducted an inspection of the Facility on May 1-4, 2018, to determine the Respondent’s compliance with Section 112(r) of the CAA and 40 C.F.R. Part 68. The following chemicals are “regulated substances” pursuant to 40 C.F.R. § 68.3. The threshold quantity for…...

Respondent owns and operates an ice-making plant that uses anhydrous ammonia in a refrigeration “process”. In 2016, Respondent filed a Program 3 RMP for the Process and reported that it used 22,000 pounds of anhydrous ammonia. In accordance with 40 C.F.R. § 68.10(a) and (f)-(h), the Respondent’s use, storage, and handling of anhydrous ammonia in…...

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…...