PSM and RMP Citations/Analysis

NOTICE:  The OSHA cases found in these posts may be taken from OSHA citations BEFORE the “informal conference” takes places.  These cases are posted for AWARENESS and EDUCATIONAL purposes only.  I have scrubbed company names and locations from my postings, but not from the OSHA and EPA documents.  These posts are in NO WAY meant to shame any company, just providing information showing the things OSHA/EPA are finding in their PSM/RMP inspections.

EPA RMP citations @ plastics manufacturer (37% Formaldehyde & $10K)

On November 6, 2024, authorized EPA representatives conducted a compliance inspection of Respondent’s facility to determine its compliance with the Risk Management Plan (“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 as noted on the attached…...

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EPA RMP GDC @ paint/coating plant (Temp-sensitive organic peroxide & $196K)

Respondent is the owner and operator of a paint facility. On August 7, 2023, an incident occurred at the Facility that EPA alleges resulted in an accidental release (the “Incident”) of byproducts from a temperature-sensitive organic peroxide, leading to an overpressure release event. EPA conducted an investigation of the Facility beginning September 12, 2023, to…...

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EPA RMP Citations @ Smelter & Refinery (SO2 & $211K)

Respondent is the “owner or operator” of the Facility that uses, handles, and/or stores as much as 7,810 pounds of sulfur dioxide (anhydrous). Respondent’s RMP describes a covered process, furnace off-gas handling, that is subject to Program 3 requirements. On July 25, 2022, and July 26, 2022, authorized representatives of the EPA conducted an inspection…...

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EPA RMP citations @ refrigerated facility (NH3 & $150K)

Respondent is the owner and operator of a facility that utilizes Anhydrous ammonia in a refrigeration process. On or about April 30, 2024, representatives of the 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. Information gathered during the EPA inspection revealed that…...

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EPA RMP citations @ fruit packing facility (NH3 & $262K)

Respondent operated a facility (the “Facility”) that utilizes anhydrous ammonia to provide cooling capabilities to package, refrigerate, store, and ship cherries and grapes. On September 16, 2021, EPA performed and inspection of the Facility to evaluate compliance with the Comprehensive Environmental Response, Compensation and Liability Act Section 103, EPCRA Sections 304-312, and CAA Section 112(r)…...

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EPA RMP citations @ a chemical and allied product merchant wholesaler facility (NAOH, HCL, C6H13N & $298K)

Respondent has a chemical and allied product merchant wholesalers process at the Facility, meeting the definition of “process”, as defined by 40 C.F.R. § 68.3. 35. Respondent is a wholesale chemical distributor that primarily repackages, stores, and distributes industrial chemical raw materials and allied products. Hydrochloric acid (36%) is an extremely hazardous substance within the…...

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EPA RMP citations @ wet corn milling plant (SO2 & $99K)

Respondent owns and operates a stationary wet corn milling plant, which uses sulfur dioxide (anhydrous) (SO2) to control microbial growth during the corn steeping process and to weaken the starch-gluten bonds. Sulfur dioxide (anhydrous) is a regulated substance. See 40 C.F.R. § 68.130(a), Table 1. The Facility maintains a maximum inventory of the regulated toxic…...

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EPA RMP citations @ Food Facility (a release of 1,024 lbs of NH3 & $46K)

Respondent is the owner and operator of a facility where, on October 10, 2024, there was an incident at the Facility that resulted in an accidental release of NH3. A sanitation team member opened an ammonia valve instead of the valve to drain the marination tank, resulting in the release of 1,024 lbs of anhydrous…...

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EPA RMP Citations @ Power Plant (NH3 & $8K)

Respondent is a power gas-fed generation facility, utilizing Anhydrous Ammonia in its SCR. It shares its ammonia with a neighbor who uses the NH3 in its refrigeration process. (Don’t ask me how I know) ALLEGED VIOLATIONSFollowing its February 5th, 2025, inspection, EPA alleges Respondent’s failure to:… Membership Required You must be a member to access...

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EPA RMP Citations @ resin manufacturing plant (NH3 & Formaldehyde & $14K with $52K SEP

Respondent is the owner and/or operator of a resin manufacturing plant. Respondent has registered an RMPlan with the EPA for its Facility and has developed an RMProgram accidental release prevention program for the Facility. At all times relevant to the violations, Respondent had on-site for use 1,886,000 pounds of formaldehyde (solution) and 52,000 pounds of…...

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EPA RMP/EPCRA citations @ Ethanol Manufacturing Facility (Flammables & 169K)

Respondent owns and operates an ethanol manufacturing facility. A mixture of hydrocarbon liquids butane, isopentane, and pentane is a “regulated substance” pursuant to 40 C.F.R. § 68.3. Pursuant to 40 C.F.R. § 68.115(b)(2)(i), the entire weight of the mixture shall be treated as the regulated substance when the concentration of each of the regulated substances…...

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EPA RMP Citations @ chemical manufacturing plant (Oleum, SO2, H2SO4, ATS & $174K)

Respondent owns and operates a chemical manufacturing plant that produces oleum, anhydrous sulfur dioxide, sulfuric acid, and ammonium thiosulfate. Respondent re-submitted an RMP for the Facility on February 11, 2022 (2022 RMP) that identifies the following three covered processes that are subject to the Program 3 requirements of the CAPP:a. Oleum Process, which contains the…...

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