PSM and RMP Citations/Analysis

Respondent is the owner and operator of a facility which receives and stores liquefied petroleum gas (“LPG”) for wholesale customers. Respondent filed an RMP for the Facility with EPA, which was most recently updated on March 21, 2013 and identified a covered LPG storage process at the Facility subject to Program 3 requirements, with specified…...

Respondent is the owner and/or operator of a pharmaceutical manufacturing facility which uses ammonia (conc. 20% or greater) (“aqueous ammonia”) and methylamine gas in two (2) processes for the manufacture of pharmaceuticals. EPA conducted an inspection of the Facility on or about January 31 , 2014 to assess compliance with 40 C.F.R. Part 68. Respondent subsequently…...

Respondent is the owner and/or operator of a manufacturing facility located in New York. The Facility uses phosgene in a process for the manufacture of organic chemicals. Respondent filed an RMP for the Facility with EPA on or about May 14, 2009, that, among other things, identified a covered phosgene process at the Facility subject…...

Respondent owns and operates the bulk anhydrous ammonia storage facility located in Nebraska. On or about August 18, 2014, 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 Respondent had greater than 10,000 pounds of…...

This is an interesting outcome, of which I have no knowledge as to how this deal was struck.  But there was no monetary penalty and the facility has 60 days to make some seriously big changes/improvements.  The biggest thing I noticed is that EPA is requiring the facility to make changes to comply with the…...

As part of the agency’s national emphasis program for chemical facilities, OSHA inspected the company on Feb. 6, 2016, and found multiple violations of federal process safety management regulations, including not developing set written procedures for maintaining process equipment, which resulted in repeat violations.  In addition, OSHA issued citations for serious violations for the following:…...

Respondent owns and operates a chemical plant to produce many grades of high density polyethylene (HDPE). On August 2, 2015, Respondent identified a release of hexane into the adjacent facility to Respondent cooling water system and released to atmosphere. The cause was due to two of 658 “U” tubes from the LHC Tails Cooler failed…...

Respondent 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. Respondent operates polyhydric alcohol production process that uses ethylene oxide, propylene oxide, and ethylenediamine in the polyhydric alcohol production process. Respondent has one RMProgram level 3 covered process, polyhydric…...

Respondent owns and operates a 210,000 square foot fresh fruits and vegetables processing and cold storage facility. The facility includes one RMProgram regulated closed-looped ammonia refrigeration system. The refrigeration system represents an RMProgram level 3 covered process which currently stores or otherwise uses 27,300 pounds of anhydrous ammonia, in amounts exceeding the applicable threshold of…...

Respondent owns and operates a container molding facility where it manufactures and recycles high density polyethylene containers ranging in size from fifty-five to 330 gallons (“containers”). The larger containers are encased in a steel cage for extra support. As part of its recycling operations, the Facility accepts used containers which routinely contain small amounts of…...

Respondent operates a meat processing facility that uses 24,300 pounds of ammonia as its refrigerant. Respondent has one RMProgram level 3 covered process, an ammonia refrigeration process, which stores or otherwise uses a toxic chemical in an amount exceeding its applicable threshold of 10,000. During calendar year 2014, EPA opened an RMProgram compliance monitoring investigation…...

Respondent owns and operates a chemical manufacturing facility that has an Acrylonitrile Manufacturing process. On or about December 1-3, 2015, an EPA inspector conducted an inspection of Respondent’s facility.  A contractor was removing a six-inch blind and installing four-inch and three quarters inch blinds to prepare the Heads Column in the Acrylonitrile Unit for caustic cleaning. The…...