PSM and RMP Citations/Analysis

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…...

On July 22, OSHA issued eight serious safety citations from an inspection that was NOT initiated as a PSM inspection, but after determining that the company was using flammable liquids above the threshold quantities that could present a potential for a catastrophic event. Business was cited for not implementing five elements of the PSM standard,…...

UPDATED/CORRECTED on 9/14/15.  Many thanks to Chris Kim Kahn, Attorney at Law @ Frost Brown Todd LLC for her assistance in correct this posting. Respondent owns and operates a controlled-temperature storage warehouse for food products.  The Facility is located on the banks of the Connecticut River, within a quarter mile of residences and other businesses,…...

Respondent operates a silicon wafer manufacturing facility. Respondent has a HCL tube trailer and gas supply system process at the stationary source and has exceeded the threshold quantity for Hydrogen Chloride (anhydrous) [Hydrochloric Acid] at the HCL tube trailer and gas su11ply system. The covered process is subject to the Program 3 requirements of the…...

Facility a petroleum refinery where regulated Substances and other extremely hazardous substances are produced, processed, stored, and handled, and from which an accidental release could occur.  On July 23, 2014, a fire occurred at the control valve station on Pass #3 to Vacuum Tower Heater H-1-1601 while facility operators were isolating flow control valve 02FC23…...