PSM and RMP Citations/Analysis

OSHA issued eleven (11) PSM citation at a business that specializes in heat treating powder metal parts. The September 2014 inspection was initiated under the National Emphasis Program for Process Safety Management at chemical facilities.  The process used anhydrous ammonia as a fuel at the metal heat treating facility. Here is a breakdown of the…...

Respondent operates a natural gas processing and fractionation facility. Respondent had maintenance activities performed on the Inlet Filter Separator (“Vessel”) on March 10, 2014 and March 11, 2014.  The Respondent used a contractor to perform the routine maintenance on the vessel, specifically, to replace filters.  The Vessel was flooded with water overnight on March 10,…...

Respondent does business in the Commonwealth of Kentucky and operates a “stationary source”. Respondent has developed an RMProgram accidental release prevention program for the stationary source. The Respondent, at its stationary source has an RMProgram covered process, ammonia refrigeration, which stores or otherwise uses anhydrous ammonia, in an amount exceeding its applicable threshold of 10,000…...

On Sept. 2, 2014, OSHA initiated an inspection of a petroleum refinery after a fire occurred in a heater at the facility, used to process crude oil. The refinery sustained some minor damage but no injuries were reported.  OSHA initiated the investigation under its National Emphasis Program for Process Safety Management at refineries.  Here is…...

The Facility is a “stationary source” within the meaning of Section 112(r)(2)(C) of the CAA and 40 C.F.R. § 68.3.  The Facility has at least two “processes” within the meaning of 40 C.F.R. § 68.3, including a chlorine repackaging process and a chlorine and sulfur dioxide warehousing process.  Chlorine and sulfur dioxide are regulated substances…...

The targeted inspection, which began October 2014, is part of OSHA’s National Emphasis Program on chemicals, and focuses on OSHA’s PSM standard.  The pork-processing facility operates two anhydrous ammonia refrigeration systems. OSHA issued seven serious citations related to the process safety management of the ammonia refrigeration systems used in its production process. Three violations are…...

Respondent is a corporation organized under the laws of the State of Michigan, and is thus a “person” according to section 302(e) of the CAA. At all times relevant to this Complaint, Respondent owned, operated, controlled and supervised a facility which includes buildings, structures, equipment, and installations belonging to the same industrial group, located on…...

Scenario:  Manufacturing is shutdown for long holiday weekend.  Upon their return after the long holiday weekend, the refrigeration techs find the refrigeration process shutdown and they are unable to restart the system for some reason.  They call in their refrigeration contractor who determines that the system is EMPTY – NO NH3!  The facility assumes that…...

An OSHA PSM investigation at a nationwide chemical manufacturer and distributor produced 11 serious violations with penalties totaling $60,500. One of the hazards identified was formaldehyde, which is manufactured for use in various industrial applications and products. The July 16, 2014, inspection found that the facility’s standard operating procedures did not contain accurate information on…...

Respondent has an RMProgram covered process, ammonia storage, which stores or otherwise uses anhydrous ammonia, an amount exceeding its applicable threshold of 10,000 pounds. Respondent has submitted and registered an RMPlan to the EPA. Based on an RMProgram compliance monitoring investigation initiated on January 31, 2013, the EPA alleges that the Respondent violated the codified…...

Respondent owns and operates a natural gas processing well site and facility, which includes a separator used for separating well fluids produced from the natural gas well into gaseous and liquid components and a tank battery which consists of interconnected storage tanks situated to receive output from the natural gas well and separator. Natural gas…...

On February 14 and 15, 2012, EPA conducted a compliance inspection of the 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) of the CAA. The EPA found that the Respondent had violated regulations implementing Section 112(r) of the CAA by failing to…...