PSM and RMP Citations/Analysis

On May 14, 2014, EPA conducted a compliance inspection of Respondent’s facility to determine its compliance with the Risk Management Program (“RMP”) regulations promulgated at 40 C.F.R. Part 68 under Section 112(r) of the Act. EPA found that Respondent had violated regulations implementing Section 112(r) of the Act by failing to comply with the regulations as…...

Respondent owns and operates a beef slaughter and packaging facility and has Anhydrous Ammonia in excess of 10,000 pounds. On or about September 9, 2015, 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.  From the time Respondent first had onsite greater than…...

Respondent owns or operates three (3) fluid milk production facilities located in MI, IL, and MO (until operations ceased in 2014). At each of these facilities, Respondent operates or operated at all times relevant to this CAFO a closed-loop refrigeration system which utilizes or utilized anhydrous ammonia. Each system uses and stores, or used and…...

Respondent owns and operates a petrochemical facility which manufactures specialty chemicals in a variety of operating units. Respondent produces, processes, handles, or stores one or more regulated substances listed in 40 C.F.R. Part 68 above the threshold quantity. In April 2016, Respondent began work to replace a tube exchanger on the Petro I unit. The replacement…...

This posting includes some very interesting citations issued by EPA (not OSHA).  For example, EPA took issue with using “pink ribbons” on valves being used in an energy isolation for contractors installing a piece of equipment – rather than LOTO locks or tags!  This “ribbon” idea is still fairly prevalent in the refrigeration industry still…...

EPA found that Respondent, a fertilizer business, had violated regulations implementing Section 112(r) of the Act at 40 C.F.R. Part 68 by failing to comply with the regulations as noted on the enclosed “Risk Management Plan Inspection Findings and Alleged Violations Summary”. In consideration of Respondent’s size of business, its full compliance history, its good-faith…...

Respondent owns and operates a meat production and packaging facility. 20. Information gathered during the EPA inspection revealed that Respondent had greater than 10,000 pounds of anhydrous ammonia in a process at its facility. On or a bout October 20-21, 2015, EPA conducted an inspection of Respondent’s Facility to determine compliance with Section 112(r) of…...

The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice has announced they have entered into a consent decree that settles claims that the company violated provisions of the Clean Air Act that impose requirements regarding prevention of chemical releases from certain facilities. Under the settlement agreement, the company will assure that its…...

I usually do not post the smaller settlement agreements, but this one caught my eye.  The inspection was done in 2015 and this was settled this year; the agreement is dated April 28, 2017.  This case caught my eye because it was the same plant that had the NH3 Explosion (at least according to the…...

Hydrogen Fluoride (HF) is a regulated substance listed as a toxic substance. The refinery uses 250,000 lbs of HF at its facility as part of the processes, and if released, could affect 220,000 people within a fifteen (15) mile radius of the facility, according to the Risk Management Program submittals. The refinery uses a water cannon…...

Respondent is a municipality operating a wastewater treatment plant and 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. At its stationary source at the time of the inspection, the Respondent had on-site for use, 4,000 pounds of…...

Violation Summary   Serious Willful Repeat Other Unclass Total Initial Violations 10         10 Current Violations 10         10 Initial Penalty $107,918         $107,918 Current Penalty $91,724         $91,724   Violation Items # ID Type Standard Curr$ Init$ LastEvent 1. 01001 Serious 19100022…...