PSM and RMP Citations/Analysis

On or about January 31, 2023, representatives of the EPA inspected Respondent’s Facility to determine compliance with Section 112(r) of the CAA and 40 C.F.R. Part 68. Information gathered during the EPA inspection revealed that Respondent had over 10,000 pounds of anhydrous ammonia in a process at its facility. Information gathered during the EPA inspection…...

Respondent owns and operates a chemical warehouse and repackaging facility. From November 2 through November 5, 2021, EPA performed an inspection of the Facility to evaluate compliance with Section 103 of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), EPCRA Sections 304-312, and CAA Section 112(r). Based upon the information gathered during the Inspection…...

Respondent has a liquid natural gas pretreatment process at the Facility, meeting the definition of ” process” as defined by 40 C.F.R. § 68.3. Respondent receives natural gas by pipeline and pretreats the natural gas to remove carbon dioxide, sulfur compounds, water, mercury, and heavy hydrocarbons. The regulated substance under 40 C.F.R. Part 68 Chemical…...

Respondent is the owner and operator of an oil refinery. On September 9-13, 2019, the EPA inspected the Facility to determine compliance with 40 C.F.R. part 68. Based on the observations of the EPA inspectors at the inspection, the EPA has determined that Respondent uses, handles, and/or stores more than the threshold quantity of Flammable…...

A global manufacturer of industrial gas could have prevented a May 2023 explosion that severely injured several employees by following required operating procedures in the manufacturing process where diborane — a toxic, colorless, and pyrophoric gas — is produced, distilled, mixed, and transferred. OSHA determined the explosion occurred as a 25-year-old product technician used a…...

Respondent is an “owner or operator” of the Facility, which produced, used, or stored anhydrous ammonia, a hazardous substance. On April 25, 2019, the EPA conducted an inspection to determine compliance with the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) Section 103, 42 U.S.C. § 9603, and the Emergency Planning and Community Right-to-Know Act…...

Respondent has a semiconductor manufacturing process at the Facility. The Facility has three covered processes using silane, ammonium hydroxide (conc 20% or greater), and anhydrous hydrogen chloride, meeting the definition of “process.” Respondent has greater than threshold quantities of anhydrous hydrogen chloride, silane, and ammonia (concentration 20% or greater) in covered processes at the Facility…....

A pharmaceutical and chemical manufacturer and its parent company could have prevented an employee’s fatal injuries from an explosion on May 4, 2023, but lacked the required safeguards in a chemical manufacturing process.  An investigation by OSHA identified numerous deficiencies in the facility’s process safety management program for highly hazardous chemicals for the production and…...

Respondent operates a yeast manufacturing facility using anhydrous ammonia. Respondent has on-site for use, 102,420 pounds of anhydrous ammonia. Respondent has registered an RMPlan with the EPA for its Facility and has developed an RMProgram accidental release prevention program for the Facility. Respondent has one RMProgram level 3 covered process. On March 2, 2022, the…...

Respondent owns and operates an ammonia refrigeration system at its food distribution warehouse facility (the Facility). EPA inspectors completed an inspection at the Facility on September 27 through September 29, 2021, to evaluate Respondent’s compliance with CAA 112(r). The respondent’s process at the Facility is a covered process that is subject to the requirements of…...

Respondent owns, operates, and maintains a refrigeration system that contains approximately 14,000 pounds of anhydrous ammonia. The refrigeration system, consisting of piping, valves, and equipment, cycles ammonia through various physical states (high-pressure liquid, low-pressure liquid, low-pressure vapor, high-pressure vapor, and then back to high-pressure liquid) and provides refrigeration for the processing, production, and storage of…...

Respondent is the owner and/or operator of the Facility, which operates a coal gasification manufacturing plant. At this plant, Respondent uses a coal gasification process to produce industrial chemicals from coal. The reaction takes place at high temperatures and pressures in a series of process vessels and piping called process trains. The facility operates two…...