PSM and RMP Citations/Analysis

Respondent operated a facility (the “Facility”) to manufacture chlorine, bleach, and hydrochloric acid. Respondent produced, used, or stored more than 2,500 pounds of chlorine at the Facility and was subject to the requirements of CAA § 112(r)(7). Respondent produced, used, or stored hydrogen at the Facility and was subject to the requirements of CAA §…...

OSHA has again found a large food manufacturer with a history of hazardous workplace safety practices in violation of dozens of safety and health hazards. The producer of glass-pack, canned, frozen, refrigerated, freeze-dried, and snack food products under it’s brand, as well as other private labels, also operates eight other manufacturing plants, including five in…...

Respondent operates a granular monoammonium phosphate (GMAP) process and a diammonium phosphate (DAP) process at the Facility, meeting the definition of “process”, as defined by 40 C.F.R. § 68.3. A different Respondent operates an anhydrous ammonia process at the Facility, meeting the definition of “process”, as defined by 40. C.F.R. § 68.3. The GMAP and…...

Respondent is the owner and operator of the facility. On October 15, 2022, there was an incident at the Facility that resulted in an accidental release of approximately 17,598 pounds of Aluminum Triethyl (ATE). The Incident resulted in an on-site chemical fire at the Facility and a shelter-in-place for the surrounding community. The Respondent’s facility…...

The Respondent formerly operated an ammonia refrigeration process at a distribution center and warehouse, which maintained a maximum inventory of the regulated toxic substance anhydrous ammonia at the Facility, which exceeds the threshold quantity of 10,000 pounds of anhydrous ammonia as set forth in Table 1 at 40 C.F.R. § 68.130 and, therefore, has had…...

Respondent owns and operates a cheese manufacturing facility. On March 22, 2022, EPA inspected the Facility to evaluate compliance with CERCLA Section 103, EPCRA Sections 304-312, and the GDC of CAA Section 112(r). Based upon the information gathered during the Inspection and subsequent investigation, EPA determined that Respondent violated certain provisions of CERCLA, EPCRA, and…...

Respondent owns and operates an ammonia refrigeration system at its ice cream novelty manufacturing facility, which maintained a maximum inventory of the regulated toxic substance anhydrous ammonia at the Facility, exceeding the threshold quantity of 10,000 pounds of anhydrous ammonia. The ammonia refrigeration system at the Facility services 3 freezer rooms and consists of 12…...

This is an unusual case in that it involved a 20-pound release of NH3 during a “line break” on a refrigeration system.  There was only a single citation and it came at a price of $38,500.  The employee was injured.  I have been unable to locate an OSHA investigation regarding this incident, which occurred in…...

The Facility uses, handles, and/or stores more than a threshold quantity of ammonia (anhydrous), ammonia (concentration 20% or greater), and chlorine, which are regulated substances, as specified at 40 C.F.R. §§ 68.115 and 68.130. The Facility’s Cooling Tower 2 chlorine injection area contains up to 4,000 lbs of chlorine in two (2) 1-ton cylinders, above…...

Respondent has a P-Tank Farm Vinyl Acetate Monomer {VAM), D-Tank Farm Toluene Diisocyanate (TDI), and the Isopentane and Isopentane/n-Pentane blend Intermodal Transfer processes at the Facility, meeting the definition of “process,” as defined by 40 C.F.R. § 68.3. Isopentane, pentane, acrylonitrile, toluene diisocyanate (unspecified isomer), and vinyl acetate monomer are each a “regulated substance” of…...

Respondent owns and operates a cheese manufacturing facility. On March 22, 2022, EPA performed an inspection of the Facility to evaluate compliance with CERCLA Section 103, EPCRA Sections 304-312, and CAA Section 112(r). Based upon the information gathered during the Inspection and subsequent investigation, EPA determined that Respondent violated certain provisions of CERCLA, EPCRA, and…...

OSHA issued $290,358 in proposed penalties following an August 2023 explosion at a paint factory in Garland, TX. One employee was injured in the explosion at the factory. OSHA issued one repeat and eight serious citations. The repeat citation was a $161,310 proposed penalty. The proposed penalties for the eight other citations are $16,131 each…....