PSM and RMP Citations/Analysis

Respondent operates a facility where it processes fish to produce ingredients used by pet food manufacturers (the “Facility”). The Facility is located in a designated industrial area within approximately 300 feet (0.05 mile) of JFK Memorial Highway, less than 500 feet (0.09 mile) from the nearest residence, and approximately 600 feet (0.11 mile) from Buzzard’s…...

Respondent owned and operated two food warehousing facilities. One is used for food manufacturing and refrigerated warehouse and storage. The other is used for refrigerated storage. On January 26, 20 17, EPA conducted a compliance inspection at the food manufacturing facility, as well as a records review of the risk management plan (submitted to EPA…...

Respondent is the owner and operator of the facility where anhydrous ammonia is a “regulated substance” pursuant to 40 C.F.R. § 68.3. On or about November 15, 2017, EPA conducted an inspection of Respondent’s Facility to determine compliance with 40 C.F.R. Part 68. Information gathered during the EPA inspection revealed that Respondent had greater than…...

Respondent is the owner and/or operator of a meat processing facility that uses, handles, and/or stores more than a threshold quantity of anhydrous ammonia, which is a regulated substance, listed under 40 C.F.R. § 68.130. Respondent meets the Program 3 eligibility requirements under 40 C.F.R. § 68.10. On December 12, 2016, EPA conducted an inspection…...

Respondent is a Plant Food Company and is an owner or operator of vessels containing anhydrous ammonia located at the Facility. The vessels are a “stationary source” pursuant to 40 C.F.R. § 68.3. On or about March 1, 2017, EPA conducted an inspection of the Facility to determine compliance with Section 112(r) of the CAA…...

Respondent owned and operated a primary metal products manufacturing facility that produces annually over 300,000 tons of powdered metal which is used in the production of automotive parts. Hydrogen is handled in the production of powdered metal, and hydrogen is a regulated flammable substance listed under 40 C.F.R. § 68.130. The Facility receives scrap iron…...

Respondent owns and operates the egg production facility which utilizes anhydrous ammonia in a refrigeration process. On or about August 1-2, 2017, EPA conducted an inspection to determine compliance with Section 112(r) of the CAA and 40 C.F.R. Part 68 (EPA inspection). Information gathered during the EPA inspection revealed that Respondent had greater than 10,000…...

NOTE: this case has some very interesting citations and used RAGAGEPs that may not be the best fit, but when a facility does not adopt a RAGAGEP, EPA (and OSHA) will be more than happy to “suggest” one in their citations! Respondent is the owner and/or operator of a natural gas processing facility. The Facility…...

The Facility is a “stationary source” that processed, handled, and stored isopropyl alcohol. Isopropanol (isopropyl alcohol, CAS #67-63-0) is a highly flammable liquid and extremely hazardous substance. On or about April 13, 2017 there was a fire at the Facility resulting in an accidental release.  Between May and July 2017, EPA requested and the business provided…...

Respondent is the owner and operator of a Facility that utilizes approximately 32,000 pounds of anhydrous ammonia in its refrigeration system at the Facility. Respondent uses anhydrous ammonia in a series of interconnected pipes and vessels in a refrigeration system at the Facility (the “Process”). On June 26, 2017, EPA conducted an inspection of the…...

Respondent is the owner and operator of a food storage and distribution facility which includes refrigerated process areas and storage areas with a refrigeration system that uses anhydrous ammonia with a capacity of 14,722 pounds. Respondent uses anhydrous ammonia in a refrigeration “process,” as defined by 40 C.F.R. § 68 .3. in a typical vapor…...

Respondent is food company which owns and operates buildings, structures, installations, equipment, pipes or pipelines, and storage containers, located on a single site or on contiguous or adjacent sites, where it deposited, stored, disposed of, or placed, Ammonia CAS# 7664-41-7. Between June 21 and July 19, 2013, Respondent spilled, leaked, emitted, discharged, or allowed to…...