PSM and RMP Citations/Analysis

EPA conducted an inspection of the Facility on December 4, 2012. The Inspection was conducted to determine the Facility’s compliance with Sections 112(r)(7) and 112(r)(1) of the CAA, the RMP accident prevention program and the General Duty Clause, respectively.  At the time of the Inspection, Respondent had designated the Facility as an RMP Program Level…...

Respondent owns and operates a potato processing facility which is located, according to the U.S. Census data from 2010, from a few thousand people who live near the Facility. The Facility is located within 0.25 miles of Route 1 and 0.5 miles from the downtown area. Respondent uses anhydrous ammonia in a refrigeration process (“the…...

An OSHA inspection identified several serious and recurring deficiencies in the company’s Process Safety Management program. As a result of these conditions, OSHA cited the facility, the nation’s leading propane supplier, on Sept. 24, 2015, for three repeated and five serious violations of workplace safety and health standards. Proposed fines total $135,000. OSHA found the…...

The Respondent receives, repackages, freezes, and stores meat and meat by-products used for human and animal consumption. Its refrigeration system holds 17,609 pounds of anhydrous ammonia and is a Program 3 facility under 40 C.F.R. § 68.10(d). Respondent employs between 40 and 60 employees and operates two shifts per day.  On or about May 7,…...

EPA and DOJ have announced a $5.6 million settlement with a manufacturer of pesticides to resolve violations of federal chemical accident prevention laws at its facility where an explosion killed two people in 2008. Under the settlement, the company committed to spending $4.23 million to improve emergency preparedness and response in Institute and protect the…...

A 41 year old male employee was exposed to a flash fire.  An employee in a mix room was exposed to a fire and explosion when an energetic material ignited.  Much of the mixing process was conducted remotely with operators separated by concrete walls from the large quantities of material.  A process step required an…...

On February 5, 2015, EPA conducted a compliance inspection of Respondent’s facility to determine compliance with the Risk Management Plan (RMP) regulations promulgated at 40 C.F.R. part 68 under section 112(r)(7) of the Act. The EPA found that Respondent had violated regulations implementing section 112(r)(7) of the Act by failing to comply with the specific…...

OSHA has cited a food processing facility for 13 serious safety and health violations. OSHA opened an investigation at the company, after receiving a complaint about an ammonia leak. Ammonia is used in the refrigeration process in food production facilities. Inspectors found that about eight pounds of ammonia were released March 3, 2015, from a…...

Respondent owns and operates a pulp and paper mill. Respondent operates the pulp mill using the Kraft process to digest wood chips under pressure in batch digesters for pulp production. The finished cooked Wood chips are blown to blow tanks, Which reduce the pressure and separate steam and digester gases from the pulp. Uncondensed steam…...

The respondent produces, processes, stores, and/or handles extremely hazardous substances, including hydrochloric acid (36%), due to its toxic and corrosive characteristics and propensity to volatilize in ambient air.  On July 25, 2014, there was a release of hydrochloric acid (36%) at the Facility.  An operator while on his normal rounds gauging the Boiler I house…...

On Jan. 20, a pressure-relief device released flammable gas and liquid into the atmosphere; it burned for more than two hours. OSHA investigated the facility and cited the employer for one willful and six serious safety violations. The violations included failing to train operators, update operating procedures, conduct a management of change analysis when changing…...

Respondent owns and operates a Power Plant (“Facility”) which produces processes, handles, or stores, among other things, hydrogen peroxide, which is an extremely hazardous substance when stored in a carbon steel tank and produces hydrogen, a regulated substance, when reacting with carbon steel.  On July 25, 2014, there was an incident in which a tank…...