PSM and RMP Citations/Analysis

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…...

A worker died (November 3, 2014) after Malaic Anhydride vapors released from an over-pressurized reactor burned his respiratory system on July 7, 2014. A second employee was treated at a hospital and released. A July 2014 OSHA inspection resulted in citations for 17 safety and health violations. OSHA initiated the inspection after a media referral…...

OSHA found plant workers and temporary workers employed by two staffing agencies were exposed to hazards and other dangerous safety and health violations at the plant. The inspection resulted in 30 OSHA citations against the nail polish manufacturer and staffing agencies. Proposed penalties total $139,500.  The plant faces $109,500 in penalties for 23 serious violations,…...

Respondent does business in the State of Alabama. Respondent operates a “stationary source” that has one RMProgram covered process, latex resin manufacturing, which stores or otherwise uses vinyl acetate monomer in an amount exceeding its applicable threshold of 15,000 pounds. Respondent has submitted and registered an RMPlan to the EPA for the stationary source identified…...

Respondent owns and operates a controlled-temperature storage warehouse for food products. The Facility is located adjacent to Interstate 91 and east of the Quinnipiac River, within a mile of numerous shops and business and approximately 1 mile from several schools. Respondent uses anhydrous ammonia in a refrigeration “process”.  In 2009, Respondent filed a Program 3…...