PSM and RMP Citations/Analysis

Respondent is a Poultry Processor doing business in the States of Alabama, Arkansas, and Mississippi. On November 10, 2016, the EPA issued to Respondent a Notice of Concern letter which informed the Respondent that EPA had concerns that the Respondent was not in compliance with the CAA Section 112(r). The Respondent and EPA met on…...

This is a lesson in reporting your releases! Two releases of anhydrous ammonia from a refrigeration process result in $150,000 in fines ($75K for EPCRA and $75K for CERCLA) and a $425,000 SEP to install detectors and emergency shutdown systems. The Complaint alleges that: Respondent violated Section 103(a) of the Comprehensive Environmental Response, Compensation, and…...

Respondent owns a chemical supply outlet where chlorine was present in a process above the 2,500 pounds TQ, and sulfur dioxide was in a present in a process above the 5,000 pounds TQ from at least March 16, 2010.  Respondent was required to submit and have in place an RMP for the facility. Under 40…...

Respondent is a business that owns and operates two (2) refrigerated warehouse and storage facilities located in Nebraska and Minnesota. The Nebraska facility is located in EPA Region 7 and the Minnesota facility is located in EPA Region 5. Information gathered during the EPA inspection revealed that Respondent had greater than 10,000 pounds of anhydrous…...

Respondent operates a seafood processing facility where anhydrous ammonia was present in a process above the 10,000 pounds TQ. Respondent has one program 3 process, an ammonia refrigeration process consisting of a brine chiller system, seven plate freezers, one blast freezer and one ice house with three ice machines. An RMP was submitted for the…...

OSHA has cited a refinery for serious violations of safety and health hazards related to process safety management (PSM) following a fire and subsequent explosions at the company’s Refinery Complex in June 2019. The company faces $132,600 in penalties.  OSHA’s inspection found deficiencies in the refinery’s PSM program, including failing to establish or implement written…...

Respondent is the owner and operator of a facility that had greater than 10,000 pounds of anhydrous ammonia in a process at each of its facilities. From the time Respondent first had onsite greater than 10,000 pounds of anhydrous ammonia in a process, Respondent was subject to the requirements of 40 C.F.R. Part 68 because…...

Respondent owns a chemical supply outlet where chlorine was present in a process above the 2,500 pounds TQ, and sulfur dioxide was in a present in a process above the 5,000 pounds TQ from at least March 16, 2010. Respondent has two (2) program 3 processes: a chlorine cylinder storage process, and a sulfur dioxide…...

Respondent is the owner of a food transfer and storage facility and according to their risk management plan for the Facility, Respondent uses approximately 25,225 pounds of anhydrous ammonia in its closed-loop industrial ammonia refrigeration system.  On October 2, 2018, EPA conducted an inspection of the Facility to determine whether Respondent was in compliance with…...

Respondent is the owner and/or operator of a facility that uses anhydrous ammonia in its chemical manufacturing process.  EPA conducted an inspection of the Facility on April 13, 2016, to assess compliance with Section 112(r)(7) of the CAA (the “Inspection”) and the regulations at 40 C.F.R. Part 68. Respondent filed an RMP for the Facility…...

On November 1 through November 4, 2016, representatives from the U.S. Environmental Protection Agency (“EPA”) Region IX conducted an inspection of the XXXXXXXX refinery. EPA’s inspection was conducted to determine compliance with the Risk Management Program (“RMP”) promulgated under Section 112(r)(7) of the Clean Air Act (“CAA”‘), and the General Duty Clause under Section 112(r)(l)…...

Here’s one you don’t see every day: 1) a state university needing an RMP for its power generation plant’s SCR, 2) the SCR uses 29% aqua ammonia rather than anhydrous ammonia, and 3) they exceeded the doubled TQ for Aqua Ammonia > 20% of 20,000 pounds. Respondent is part of a State University system and…...