PSM and RMP Citations/Analysis

OSHA has cited a processor of chicken, beef and pork for repeat and serious violations of workplace safety standards following an inspection at a NY manufacturing plant. The proposed fines total of $121,720. The inspection, which began on May 15, was conducted under OSHA’s Site Specific Targeting Program, which directs enforcement resources to high-hazard workplaces…...

NOTE: this is a GAME CHANGER for the cold storage business!  Now EPA is pulling in the business that is merely leasing space AND the real estate broker who is managing the lease agreement!!  Imagine the shock when a business who is just storing their goods in a cold storage facility receives a NOV from…...

On or about March 30-April 1, 2010, EPA conducted an inspection at one facility to determine compliance with Section 112(r) of the CAA and 40 C.F.R. Part 68. On or about September 27-29, 2010, EPA conducted another inspection of the business but at another facility in a different location to determine compliance with Section 112(r)…...

On October 15, 2012 EPA conducted a compliance inspection of a specialty steel treating business (“Facility”) to determine its compliance with the Risk Management Plan (“RMP”) regulations promulgated pursuant to Section 112(r) of the Act, and set forth at 40 C.F.R. Part 68. Based on the October 15, 2012 inspection and documents submitted by Respondent,…...

WY-OSHA (within the Wyoming Department of Workforce Services (DWS) will cite a refinery with $707,000 in fines for 22 violations found at the company’s Wyoming refinery operation. The violations are the result of a May 2013 OSHA inspection which stemmed from an employee complaint and several gas releases that the refinery voluntarily reported to DWS…...

The Facility is a frozen food storage and distribution facility, which contains anhydrous ammonia refrigeration equipment. On September 15, 16 and 20, 2011 , EPA conducted inspections (“the 2011 Inspections”) at the Facility to determine compliance with Section 112(r) of the Act, 42 U.S.C. § 7412(r). The 2011 Inspections revealed a number of safety concerns…...

An ethanol business has been cited for 15 health and safety violations by OSHA after a worker was fatally engulfed in corn inside a grain storage bin on April 19 at the ethanol manufacturing facility. The worker entered the grain bin in an attempt to unclog the floor chute and became engulfed when corn began…...

Respondent is the owner and/or operator of two facilities, the “Saratoga Springs Facility” and the “Carthage Facility”. On or about May 22, 2009, Respondent submitted an RMP to EPA for the Saratoga Springs Facility; which identified the process chemical as chlorine, specified a quantity of 24,000 pounds, and identified this process as subject to Program…...

This case is significant as it involved a facility that used the detatched “transport trailer” as their storage tank.  The trailer was a 8-tube “tube trailer” which was parked at the site, the tractor detached, and connected to the “process”.  EPA conducted an inspection on December 17, 2012, to determine compliance with Section 112(r) of…...

The refinery has ten covered process units each utilizing a threshold amount of a regulated substance. It operated a boiler at the Facility, which combusted natural gas or refinery fuel gas as fuel. On September 28, 2012, natural gas was introduced into the boiler during an attempted start-up. During the attempted startup, the natural gas…...

Facility is the state’s largest distributor of fertilizers, industrial, and agricultural chemicals.  The facility manufactures sodium hypochlorite (bleach), using chlorine and sodium hydroxide as reagents. The facility also serves as a storage and distribution center for bulk and bagged industrial chemicals including anhydrous ammonia, sulfur dioxide, and sulfuric acid. The facility produced, used, or stored…...

A chemical company in Ohio has agreed to correct deficiencies in its risk management plan as part of a settlement with Ohio EPA.  The company produces detergent-grade sulfonic acid, synthetic detergents, surfactants and emulsifiers. As part of its process, it uses sulfur dioxide and sulfur trioxide.  During an October 2004 inspection, Ohio EPA determined that…...