PSM and RMP Citations/Analysis

Respondent owned and operated a facility that stored and used sulfur dioxide, a “regulated substance” under 40 C.F.R. § 68.3, at the facility when it brined cherries. At all times relevant to this CAFO, Respondent’s brining process contained more than the threshold quantity (5,000 pounds) of sulfur dioxide. Respondent’s brining process did not meet the…...

OSHA has cited a meat packing company for exposing workers to releases of hazardous chemicals. The company faces $615,640 in penalties. OSHA determined that the meat-packing facility failed to implement a required Process Safety Management (PSM) program for operating an ammonia refrigeration unit containing over 10,000 pounds of anhydrous ammonia. The employer also failed to…...

This CAFO both initiates and resolves an administrative action for the assessment of monetary penalties, pursuant to Section 113(d) of the CAA. As discussed below, the CAFO resolves the following CAA violations that Complainant alleges occurred in connection with Respondent ‘s storage and handling of anhydrous ammonia at its cold storage and distribution facility: failure…...

Respondent operates a “stationary source” and has registered an RMPlan with the EPA for its stationary source and has developed an RMProgram accidental release prevention program for the stationary source. Respondent operates an ammonia refrigeration process that has 13,000 pounds of ammonia in onsite storage. Respondent has one RMProgram level 3 covered process. On March…...

Respondent owns and operates the winery facility that crushes grapes to produce wine, distilled spirits and juice for concentrate at its Facility. These products are stored prior to shipment to other facilities for further packaging and distribution. In September and November 2015, EPA performed inspections of the Facility pursuant to Section 112(r) of the, CAA,…...

Respondent is the owner and operator of a food service distribution facility. On October 18, 2017, EPA conducted an inspection of the Facility to determine the Facility’s compliance with Section 112(r)(1) and (7) of the CAA, 42 U.S.C. § 74 12(r)(l) and (7), and the Chemical Accident Prevention Provisions of 40 C.F.R. Part 68 (“Inspection…...

The business has operated a meat processing facility since 2013. The Facility uses 30,000 pounds of anhydrous ammonia in its refrigeration system at the Facility. EPA alleges the facility failed to ensure that its anhydrous ammonia refrigeration equipment complied with recognized and generally accepted good engineering practices, in violation of Section 112(r)(7) of the CAA…...

NOTE:  Another EPA RMP inspection where they took issue with the use of “ribbons” used in lieu of lockout locks!   EPA has determined that Respondent violated the Risk Management Program (RMP) regulations promulgated at 40 C.F.R. Part 68 under Section 112(r) of the Clean Air Act (CAA), as noted on the enclosed Risk Management…...

Respondent owns and operates a chemical facility which had Chlorine (Cl2) as its “regulated substance”.  On or about January 23-24, 2018, representatives of the 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. Information gathered during the EPA inspection revealed that Respondent had…...

This Consent Agreement and Final Order serves as notice that the EPA has reason to believe that Respondent violated the General Duty Clause set forth in Section 112(r)(1) of the CAA and the Chemical Accident Prevention Provisions in 40 C.F.R. Part 68 and that Respondent violated Section 112(r) of the CAA. Respondent’s Facility has ceased…...

Respondent operates an ammonia refrigeration plant and has on-site for use, 130,000 pounds of ammonia for cold food storage. Respondent has submitted and registered an RMPlan to the EPA for its stationary source and has developed an RMProgram accidental release prevention program for the stationary source’s single RMProgram level 3 covered process. On November 8,…...

OSHA has cited a beef processing plant after an employee suffered severe burns caused by exposure to anhydrous ammonia, the plants refrigerant. The beef processing plant faces penalties of $182,926 for 16 serious safety violations. OSHA cited the company for process safety management (PSM) program deficiencies, failing to guard roof openings, and electrical safety and…...