PSM and RMP Citations/Analysis

Respondent is the owner and/or operator of the Facility, which operates an aircraft parts and auxiliary equipment manufacturing plant.  Respondent 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:… Membership Required You must be a member to access this...

Respondent is the owner and/or operator of the facility, which produces fully cooked and ready-to-eat sauces and refrigerated entrees. On December 26, 2018, the EPA issued to Respondent a Notice of Potential Violation (“NOPV”), providing notice that the EPA found that Respondent potentially committed the alleged violations described in Section V of this Agreement and…...

Respondent operates an ammonia refrigeration plant with 50,629 pounds of anhydrous ammonia which is an RMProgram level 3 covered process. On March 27, 2019, the EPA conducted an on-site inspection of the RMProgram related records and equipment for the purpose of assessing the Respondent’s compliance with the RMProgram requirements and the implemented recognized and generally…...

On January 17, 2020, EPA performed an inspection of the Facility pursuant to Section 112(r) of the CAA, Sections 304-312 of EPCRA, and Section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act. Based upon the information gathered during this inspection and subsequent investigation, EPA asserts that Respondent violated certain provisions of the CAA…...

Respondent owns and operates a chemical manufacturing facility that has a chlorine (Cl2) process at the stationary source in excess of the applicable threshold quantity. The chlorine-covered process is subject to the “Program 3” requirements of the Risk Management Plan (RMP) regulations and must, among other things, to comply with the Program 3 Prevention Program…...

This case involves a citation regarding the “grandfather training clause” found in both OSHA’s PSM and EPA’s RMP.  I have never seen it cited before, but I take my hat off to the EPA inspector for peeling that onion! Basically, this food facility had two (2) employees who had been hired in January and September…...

The Respondent owns and/or operates a chemical manufacturing facility that uses: A. Oleum (fuming sulfuric acid) [sulfuric acid, mixture with sulfur trioxide] (“Oleum”); B. Hydrogen fluoride/hydrofluoric acid (cone 50% or greater) [hydrofluoric acid] (“Hf “). in a fluoroproducts process and a sulfuric acid process.  From August 28 – 31, 2018, EPA conducted an inspection of…...

The Facility is a nitrogenous fertilizer manufacturing facility that produces anhydrous ammonia, urea solutions, urea-ammonium nitrate, and by-product gaseous carbon dioxide. The Facility also produces intermediates (including nitric acid and ammonium nitrate solution) during the manufacture of the above products. Based on the quantity of anhydrous ammonia present at the Facility, the Facility is subject…...

Respondent owns and operates a biopharmaceutical facility that stores and uses anhydrous ammonia in parts of the storage and refrigeration process. Respondent’s storage and refrigeration process does not meet the eligibility requirements for Program 1 under 40 C.F.R. § 68.10(g) and is subject to the OSHA process safety management standard since the process involves ammonia…...

Respondent is the owner and/or operator of the Facility, which has registered an RMPlan with the EPA for its Facility and has developed an RMProgram accidental release prevention program for the Facility. On February 26, 2019, the EPA issued to Respondent a Notice of Potential Violation (“NOPV”), providing notice that the EPA found that Respondent…...

A plastics plant experienced a release of approximately 15,825 pounds of styrene vapor from a railcar on 9/1/2020.  The railcar had been on the property since May 2020 (4 months).  The styrene began its reaction inside the railcar once the inhibitor had been consumed, leading to the release and evacuations ensued for those located around…...

Respondent is a plastics material and resin manufacturing plant that produces polyvinyl alcohol from the vinyl acetate process. EPA conducted an inspection of the Facility on May 15 through 17, 20 I8, to determine Respondent’s compliance with 40 C.F.R. Part 68 (the Inspection)…. Membership Required You must be a member to access this content.View Membership...