PSM and RMP Citations/Analysis

Respondent is the operator of an aerosol and non-aerosol product manufacturing and packaging facility. The Facility, including its chemical storage tanks, is located less than 0.1 mile from the nearest neighboring commercial/industrial facility. There are several commercial facilities within a 1,000 foot radius of the Facility. Respondent manufacturers and packages into personal-sized containers a number…...

This is not just another RMP General Duty Clause case.  This case centers around a “critical utility” and how its FAILURE led to the release of a flammable gas and explosion.  And the critical utility was the plant air system and the critical component was air dryer.  The facility had recognized these systems as critical…...

On May 24,2012, EPA conducted a compliance inspection of Respondent’s facility to determine compliance with the Risk Management Program (“RMP”) regulations promulgated at 40 C.F.R. Part 68 under Section 112(r) of the Act. EPA found that the Respondent had violated regulations implementing Section 112(r) of the Act by failing to comply with the regulations. The…...

Respondent produces processes, handles, or stores, among other things, propane, hydrogen. isopentane, pentane, isobutane, and methane, which are all listed at 40 CFR Part 68 as extremely hazardous flammable chemicals.  On August 3, 2014, there was a release of flammable substances from piping at the facility and a fire ensued.  There were no injuries or…...

A manufacturer of custom-sized resin balls used as flotation devices in the petroleum and fracking industries failed to protect its employees from the risk of death or serious injury from potential fires, explosions and other hazards by not providing and using mandatory safeguards.  Officials from OSHA began inspecting the plant in October 2014, in response…...

OSHA has issued several PSM citations at a natural gas processing facility from an inspection that began in October 2014.  This was an unannounced planned Chem NEP inspection.  Of special note, these violations include issues with not having a Car Seal Program for valves within the relief path(s) of several relief devices.  OSHA referenced ASME…...

On May 15, 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…...

Unsafe use of chlorine gas was discovered by OSHA in September 2014 after a complaint prompted an inspection. Investigators found employees endangered by permit-required confined space hazards while working in foundry furnaces. As a result, OSHA issued 31 serious health and safety citations with proposed penalties of $160,200. Inspectors determined the company failed to train…...

After two years of litigation to correct dozens of hazards that might have had catastrophic effects on its workers and the surrounding community, the refrigerated food warehouse has agreed to make health and safety improvements. The company will also end its fight against $197,000 in penalties assessed in 2013 by OSHA.  A joint inspection by…...

Respondent operates a “stationary source” that has an RMProgram covered process, ammonia refrigeration, which stores or otherwise uses anhydrous ammonia, in an amount exceeding its applicable threshold of 10,000 pounds.  Respondent has submitted and registered an RMPlan to the EPA for the stationary source. Respondent has developed an RMProgram accidental release prevention program for the…...

OSHA issued 12 PSM citations at a manufacturer of foam, paper and plastic packaging materials. The inspection, which began Sept. 19, 2014, was conducted under OSHA’s National Emphasis Program on chemical facilities and focused on OSHA’s Process Safety Management. The facility had on hand 50,000 pounds of Isobutane, a flammable colorless gas used in the…...

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…...