PSM and RMP Citations/Analysis

The EPA and the DOJ have entered into a Stipulation of Settlement with insecticide manufacturer to address alleged chemical accident prevention violations at its former facility. The company will pay a $3.1 million civil penalty.  On November 15, 2014, an incident occurred, and nearly 24,000 pounds of methyl mercaptan (MeSH) were released within the insecticide unit. …...

Respondent operates a an unmanned gas processing plant that has on-site for storage, 154,110 pounds of flammable mixture. The process is a RMProgram level 2 covered process, which stores or otherwise uses a flammable mixture in an amount exceeding its applicable threshold of 10,000 pounds. On April 23, 2014, the EPA contractor conducted an on-site…...

According to the RMP submitted to U.S. EPA by the facility, it fell within North American Industry Classification System Code 32599 as “all other chemical product and preparation manufacturing” and used flammables including butane, difluoroethane, isobutane, methyl ether and propane as process chemicals and held at least 10,000 lbs.  As of July 6, 2004, the…...

The U.S. Department of Justice and the EPA have entered into a consent decree with an agricultural cooperative to address alleged chemical accident prevention and preparedness violations under the Risk Management Program of the Clean Air Act. The alleged violations relate to the companies’ management of anhydrous ammonia at nine facilities, which have a combined…...

Respondent owns and operates an anhydrous ammonia sales facility.  On or about June 1, 2017, representatives of the EPA inspected 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 greater than 10,000 pounds of anhydrous ammonia in a…...

Respondent owned, leased, operated, controlled or supervised a facility for ethanol fuel production. Respondent conducted activity involving anhydrous ammonia at the Facility, including using, storing, handling or moving on-site anhydrous ammonia ( anhydrous ammonia process). Respondent conducted activity involving a flammable mixture that included natural gas condensates (flammable mixture) at the Facility, including using, storing,…...

Respondent is the owner or operator of an egg production facility which employs a refrigeration process using anhydrous ammonia in its egg production system. Pursuant to Section 112(r)(1) of the CAA, also known as the General Duty Clause, the owners and operators of stationary sources producing, processing, handling or storing substances listed pursuant to Section…...

This case is being posted, even though the citation was under $10,000 because it is a GDC case and involved improper storage of materials that would react to create an extremely hazardous substance.  EPA used both NFPA 30, 2015 and the IFC, 2015; as well as NFPA 704 in their assessment.  The respondent has owned…...

Respondent owned and operated a Natural Gas Processing facility, which produces, processes, stores, or handles more than 10,000 pounds of a flammable mixture, including pentane, isobutate, isopentane, butane, propane, and ethane in the form of natural gas, natmal gas liquids, condensate, and/or crude oil.  Pentane, isobutate, isopentane, butane, propane, and ethane are identified at 40…...

One of the things I find extremely unfair with EPA citations is that they are based on “revenue” of the business, as well as other factors.  I like it when it is applied to a “for-profit” business, but it is disproportionately UNFAIR when it is applied to a public utility like a water treatment plant. …...

The Company owns and operates a fruit processing plant and controlled temperature storage warehouse, near a mixed business-residential area approximately one half mile northeast of a college campus and approximately one-half mile east of a downtown area.  The facility uses anhydrous ammonia in a “closed-loop” refrigeration system. According to the Respondent, as of February 2,…...

Respondent owns and operates a food service distribution facility that handles approximately 12,000 pounds of anhydrous ammonia at the Facility.  EPA conducted an inspection of the Facility on October 18, 2017 (“Inspection”) to determine Respondent’s compliance with CAA Section 112(r)(7) and the Chemical Accident Prevention Provisions at 40 C.F.R. Part 68.  Respondent submitted an initial…...