PSM and RMP Citations/Analysis

OSHA has cited an industrial explosives manufacturer with 22 serious and one repeat violations by for failing to correct multiple deficiencies in its chemical process safety management and other workplace safety hazards. The proposed penalty totals $178,400. The inspection, which began in February 2014, was initiated under OSHA’s NEP for PSM. In this case, a…...

The primary activity at Respondent’s facility is the processing of com to manufacture starch derivatives. On or about March 5-7,2013, EPA conducted an inspection of Respondent’s facility to determine compliance with Section 112(r) of the CAA and 40 C.F.R. Part 68.  Records collected during the inspection showed that Respondent has exceeded the threshold quantity for…...

Respondent is the owner and/or operator of facilities that use a proprietary fluorination technology to treat plastic containers and other articles. At all times relevant to this action, Respondent processed, handled and stored hydrogen fluoride (HF) at its facilities. HF is a regulated substance pursuant to 40 C.F.R. § 68.3 with a threshold of 1,000…...

EPAannounced a settlement with a synthetic natural gas manufacturer for a total penalty of $155,000 for risk management plan and chemical release reporting violations at its facility.  In January 2012 EPA conducted an inspection of the facility, which included an audit of records going back five years. EPA’s inspection found several violations of the risk management…...

A pharmaceutical manufacturing facility has been cited for 23 safety and health violations-including seven willful, one repeat and 15 serious. The company has been placed in OSHA’s Severe Violator Enforcement Program, and the citations carry proposed penalties of $449,680. OSHA initiated an inspection in December 2013 after the company failed to fix hazards following an…...

According to the RMP submitted to U.S. EPA, the Facility fell within NAICS Code 48699, as “all other pipeline transportation”, used ethyl mercaptan and other flammable mixtures as process chemicals during its operations and held at least 10,000 lbs. of ethyl mercaptan and other flammable mixtures. Respondent was required to meet Program 3 eligibility requirements at…...

A cheese manufacturing facility stores and uses anhydrous ammonia in its production process and the facility had present at the facility anhydrous ammonia in quantities exceeding 10,000 pounds during calendar years 1999 through 2011. On September 14, 2010, Respondent’s Risk Management Program, prepared pursuant to 40 C.F.R. § 68.12(d), failed to implement mandatory elements required…...

OSHA has cited a paper mill for failing to protect workers from hazards associated with exposure to sulfur dioxide. SO2 is used in treating wood pulp for paper manufacturing and can cause numerous adverse effects to the respiratory tract when vapors are inhaled. OSHA cited eight violations, carrying proposed penalties of $42,300. OSHA opened the…...

EPA alleged that each facility failed to comply with Section 112(r)(1) of the CAA (the “General Duty Clause”) in its handling of anhydrous ammonia at four (4) cold storage warehouses. Specifically, with respect to the General Duty Clause, the four Complaints alleged that each facility failed to: identify hazards which may result from accidental releases…...

On July 27, 2011, U.S. EPA conducted a compliance inspection at the facility to determine Respondent’s compliance with the Risk Management Program regulations. Based on the inspection, U.S. EPA alleges that Respondent has committed the following violations of the Risk Management Program regulations:… Membership Required You must be a member to access this content.View Membership...

Respondent is a producer of made-to-order frozen gourmet Italian entrees. The Facility uses anhydrous ammonia in its refrigeration process to cool the ingredients cooler and product freezers. Anhydrous ammonia is included on the List of Regulated Substances and Thresholds for Accidental Release Prevention requirements under Section 112(r) of the Clean Air Act. At approximately 1:40…...

Respondent owns and operates a refrigeration system which consists of buildings, equipment, structures, and other stationary items which are located on a single site or on contiguous or adjacent sites, and which are owned or operated by the same person. On June 21, 2004, under Section 112(r) of the Act and implementing regulations at 40…...