PSM and RMP Citations/Analysis

You have to be really special to get EPA’s Criminal Investigation Division involved in your RMP inspection – DONT BE SPECIAL! But once again we have a NH3 refrigeration facility just not “getting it”… The case was prosecuted by Assistant U.S. Attorney Terrence P. Donnelly, with the assistance of Dianne Chabot, EPA Regional Criminal Enforcement…...

The CAFO resolves alleged CAA violations that Complainant asserted occurred in conjunction with Respondent’s storage and handling of toluene diisocyanate, an extremely hazardous substance, at its former plant growth media manufacturing facility. Respondent reports that the Facility ceased operations on or about December 3, 2020. Respondent also reports that subsequently, all equipment, inventory, raw materials…...

Respondent is the owner and/or operator of a chemical and fertilizer distribution facility. The Facility has an anhydrous ammonia storage system and loading and unloading equipment that has at all relevant times contained more than 10,000 pounds of anhydrous ammonia and constitutes a single “covered process” under 40 C.F.R. § 68.3.  The Facility has an…...

Respondent is the owner and/or operator of the Facility and has developed an RMProgram accidental release prevention program for the Facility. On July 23, 2019 – July 25, 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 Respondent operates a wastewater treatment plant where Chlorine, propane, and sulfur dioxide (anhydrous) are present above their thresholds. The Respondent operates a wastewater chlorination process at the stationary source. 40 C.F.R. § 68.130 specifies a 2,500-pound threshold for chlorine, a 10,000-pound threshold for propane, and a 5,000-pound threshold for sulfur dioxide (anhydrous). The Respondent’s…...

Respondent operates a gas plant where flammable mixtures and propane were present above their thresholds. The Respondent lists one process in its Risk Management Plan (RMP) with the process number 1000054282. The covered process is subject to the “Program 3” requirements of the RMP regulations and must, among other things, comply with the Program 3…...

Respondent is the owner and/or operator of a Refinery that uses, handles, and/or stores more than a threshold quantity of Flammable Mixture and Hydrogen fluoride/Hydrofluoric acid, which are regulated substances, as specified at 40 C.F.R. §§ 68.115 and 68.130. From August 15 to August 18, 2016, authorized representatives of the EPA conducted an inspection of…...

I usually do not post such small cases, but this 540-megawatt electrical generation facility is sort of unique as it uses 87,840 pounds of anhydrous ammonia in a closed refrigeration system used to cool gas turbine inlet air and increase power output. It also uses 44,840 pounds of aqueous ammonia to reduce NOx emissions by…...

Respondent is the owner and operator of the petroleum refinery. Respondent has filed RMPs with EPA since June 21, 1999, with its most recent filings on April 22, 2015, April 23, 2020, and September 2, 2020. The Facility has 14 Program 3 covered processes at the Facility. Each of these 14 covered processes has greater…...

EPA has reached an agreement with a Nitrogen manufacturer to resolve federal civil environmental violations of the Clean Air Act’s chemical accident prevention measures and of federal laws requiring timely notification of chemical accidents. EPA identified these violations following an anhydrous ammonia release that led to thirteen workers being injured at the facility in Arizona…....

At the Facility, Respondent produces, processes, stores, or handles more than 10,000 pounds of ethylene oxide. On November 3, 2019, the Glycol 2 Production Unit experienced a release of ethylene oxide.  Respondent’s Glycol 2 Production Unit experienced an ethylene oxide release involving the knockout pot D-410 of the Ethylene Oxide Scrubber Process. In response to…...

Respondent operated a facility to store and distribute pesticides, fertilizers, and industrial chemicals, including chlorine. At all times relevant to this CAFO, the facility produced, used or stored more than 10,000 pounds of chlorine and was subject to the requirements of CAA § 112(r)(7). The process was subject to Program 3 requirements because it was…...