PSM and RMP Citations/Analysis

Respondent is the owner and/or operator of a facility which stores liquid propane (“LP”) for wholesale distribution. Respondent filed an RMP for the Facility with EPA on or about October 18, 2013 that identified a covered propane process at the Facility as a Program 3 process, and that specified a quantity of 822,500 pounds of…...

Respondent has a Program 3 covered process, as defined in 40 C.F.R. § 68.1O(d), using Anhydrous ammonia. 40 C.F.R. § 68.12(a) and (d) require that, in addition to submitting a single RMP as provided in §§ 68.150 to 68.185, facilities with a Program 3 covered process shall among other things, develop a management system as…...

This CAFO resolves the following CAA violations that Complainant alleges occurred in conjunction with Respondent’s storage and handling of hazardous substances at its facility: Failure to prepare and submit a Risk Management Plan that includes all covered processes, in violation of 40 C.F.R. §68.12(a) and 68.150(a); Failure to comply with process safety information requirements, including…...

On December 3, 2013, 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 the Respondent had violated regulations implementing section 112(r)(7) of the Act by failing to comply with the…...

EPA contacted the facility by letter in January 2014 to determine the facility’s compliance with RMP.  Based on communications with the facility, EPA determined that the facility exceeded the threshold for chloroform on 2/17/2010; however, the facility submitted their RMP with EPA on 4/14/2014.  The fine was $172,900 for a violation of 68.12 and 68.150…...

EPA contacted the facility by letter in January 2014 to determine the facility’s compliance with RMP.  Based on communications with the facility, EPA determined that the facility had more than 10,000 pounds of Anhydrous Ammonia in a process; however, the facility had not filed an RMP with EPA.  The fine was $57,000 for a violation…...

Inadequate safeguards to protect workers against potential ammonia releases at an ice plant have resulted in $264,700 in fines at a nationwide ice manufacturer and distributor. This inspection was conducted under OSHA’s PSM Covered Chemical Facilities National Emphasis Program. OSHA cited the company for 19 violations of workplace safety standards following a comprehensive inspection that…...

The Facility consists of the Cowden 47H well, a gas production unit for the 47H well, and four 21 0-barrel storage tanks equipped with Enardo thief hatches. According to information provided by Respondent, three of the tanks stored natural gas condensate and one stored water/brine. Natural gas condensate is a flammable mixture (CAS No. 00-11-11). According…...

Count 1. Violation of 40 C.F.R. § 68.69(c) 40 C.P.R.§ 68.69(c) requires, in relevant part, that owners and operators must annually certify that operating procedures are current and accurate. Respondent requires that operating procedures certifications are complete by May 26 of each calendar year. Respondent failed to certify procedures by this deadline for two processes…...

Respondent owns and operates an agricultural chemical manufacturing facility. Respondent has been subject to the RMP requirements since June 21, 1999, as provided in 40 C.F.R. § 68.1O(a)(1), because the facility used, stored, manufactured, or handled more than the TQ of 10,000 pounds of anhydrous ammonia in a single process as of that date. Respondent…...

Respondent owns and operates a liquefied petroleum gas manufacturing and storage facility. On January 26, 2005 Respondent submitted to U.S. EPA a Risk Management Plan (RMP) for its Facility. On July 5, 2012, U.S. EPA conducted an inspection at Respondent’s Facility to determine its compliance with 40 C.F.R. Part 68. Respondent held 10,000 lbs. or…...

Respondent’s denaturant process contains a mixture with a NFPA rating of 4, and is therefore a flammable mixture as specified in 40 C.F.R. § 68.115(b)(2). On or about May 2-3, 2012, EPA conducted an inspection to determine compliance with RMP 40 C.F.R. Part 68. Respondent’s denaturant process stores approximately 715,000 pounds, with the entire weight…...