PSM and RMP Citations/Analysis

The RMP CAFO is very interesting in that the facility stated they were under 10,000 pounds (NH3 TQ) and EPA challenged their numbers, even though the facility had completely pumped down their system and had exact pounds they charged the system with when they started up. So the case is going to court and EPA…...

Respondent is the owner or operator of a meat processing facility. On March 8, 2017, an authorized representative of the EPA conducted a compliance inspection of Respondent’s Facility to determine compliance with the Risk Management Plan (RMP) regulations promulgated at 40 C.F.R. Part 68 under section 112(r)(7) of the Act. Based on the March 8,…...

Respondent owns and operates a meat processing facility that handles approximately 170,300 pounds of anhydrous ammonia. 32. The Facility is a Program 3 Facility under the RMP Regulations, in accordance with 40 C.F.R. § 68.10(d). EPA conducted an inspection of the Facility on June 27, 2017, to determine Respondent’s compliance with the RMP Regulations at…...

Respondent operates an ammonia refrigerant system which contains approximately 8,487 pounds of ammonia which is processed, handled, and stored in the ammonia refrigerant systems, and ammonia is a regulated extremely hazardous substance listed under Section 112(r)(3) at 40 C.F.R. § 68.130. EPA inspected the Facility on June 7, 2018. Prior to the June 7, 2018…...

OSHA cited a paper product manufacturer for exposing employees to hot steam and failing to ensure the use of proper hazardous energy control methods. The company faces $211,400 in proposed fines.  OSHA launched an investigation of the facility after hot steam burned an employee trying to repair a leak on a steam-line header.  OSHA determined the header…...

OSHA has cited a poultry processing company $119,341 for exposing employees to hazardous chemicals. On January 27, 2019, 12 employees needed transport to nearby hospitals after a leak caused the release of 2,100 pounds of anhydrous ammonia. OSHA cited the company for failing to provide an operable alarm responsible for indicating the release of hazardous…...

Respondent owns and operates a liquefied petroleum gas plant which handled and handles a maximum of approximately 3,548,000 pounds of propane and 761,400 pounds of butane at the Facility. EPA conducted an inspection of the Facility on October 17, 2018 to determine Respondent’s compliance with CAA Section 112(r)(l) and (7) and the Chemical Accident Prevention…...

Using “bailing wire” to hold open your deadman valves on oil-pots is a really bad idea… leaving the bailing-wire (e.g. evidence) on the valve after each use is just stupid and shows an auditor/inspector that this is an accepted and continual practice!  Another tell-tale indication of cheating a deadman valve is the indentions left in…...

Respondent is a refrigerated warehousing and storage business which experienced a release of anhydrous ammonia on March 29, 2017 that resulted in a response from the local Fire and Rescue department. Following this event, the facility was requested to provide answers to a Chemical Release Questionnaire (CRQ) by EPA, pursuant to CERCLA § 104(e). Respondent’s…...

Respondent operates a petrochemical manufacturing facility (NAICS Code 32511) that produces vinyl chloride for use in the plastics industry. The production areas represent a single RMProgram covered process involving sixteen (16) RMProgram regulated chemicals. At its stationary source, the Respondent has 27,000,000 pounds of vinyl chloride and 6,700,000 pounds of chlorine. At its stationary source,…...

Respondent owns and operates a controlled temperature storage warehouse. The Facility is located within a mixed business-residential area within half a mile of many businesses and residences. At the time of the EPA inspection, approximately 14,600 pounds in total ammonia was present at the Facility; however, the facility had two (2) separate refrigeration systems, each…...