PSM and RMP Citations/Analysis

Respondent owns and operates a cleaning and maintenance product manufacturing and supply facility where greater than 15,000 pounds of vinyl acetate monomer in a process at its facility. On or about April 4-5, 2017, 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…....

OSHA has cited a food facility after a worker required medical treatment due to an anhydrous ammonia leak in the packaging house.  OSHA found issues with the Emergency Action Plan and Employee Alarm System,  RAGAGEP compliance with IIAR standards, PSM Initial and Refresher Training, HAZCOM Training, PSM Incident Investigation Procedures,  Lack of an Emergency Response Plan…...

Respondent is a Wisconsin corporation, with cream cheese and yogurt manufacturing facility. On April 17, 2017, EPA representatives conducted an inspection of the Facility following a reported release of anhydrous ammonia on September 6, 2016, to determine Respondent’s compliance with Section 103 of CERCLA and Sections 302-312 of EPCRA. During the EPA Inspection, Respondent ‘s…...

Respondent owns and operates a food facility that had greater than 10,000 pounds of anhydrous ammonia in a process at its facility. 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 Section 112(r) of the CAA, 42 U.S.C. § 7412(r),…...

The defendant is the operator of a facility that handles, stores, and uses anhydrous ammonia in its industrial refrigeration system. GENERAL ALLEGATIONS At all relevant times, Defendant maintained a refrigeration system at the Facility and that system utilized, processed, handled, or stored anhydrous ammonia, a “regulated substance” under CAA Section 112(r)(3). EPA conducted an inspection…...

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…...