PSM and RMP Citations/Analysis

A large food manufacturer has received one of the largest, if not the largest, settlement agreement with EPA regarding their Risk Management Plans at 23 facilties in four (4) states. The total fines in the agreement consist of $3.9 million in civil and over $300,000 in supplemental environmental projects (SEP) that involves buying emergency response…...

This was a Program 2 Inspection and the facility had toluene 2,4 diisocyanate and toluene 2,6 diisocyanate in quantities exceeding 10,000 pounds during calendar years 1999 through 2010. Respondent thus maintained toxic substances in quantities exceeding the threshold quantities under the Chemical Accident Pollution Prevention rule. At and prior to the time of inspection the…...

On December 14,201 1, 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…...

On June 27, 2012, an authorized representative of the EPA conducted a compliance inspection of the Respondent’s facility to determine compliance with the Risk Management Plan (RMP) regulations promulgated at 40 C.P.R. Part 68 under Section 112(r) of the CAA. The EPA found that the Respondent had violated regulations implementing Section 112(r) of the CAA…...

OSHA has cited a refinery with repeat, serious and other-than-serious violations following the death of two workers at the crude oil refinery. OSHA began its investigation 9/12/2012 following the explosion of a boiler, which killed the employees. The inspection was expanded to include associated contractors and ongoing maintenance activities during a turnaround operation. We need…...

On April 18, 2012, EPA conducted a compliance inspection of an Ammonia plant 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…...

This is a very interesting case, as it involved an error by the manufacturer of a new vessel and not the facility; however, it was the facility that was cited the $35K!  On March 26, 2012, there was an incident at the facility involving the release of hydrogen gas to ambient air from a newly…...

OSHA has cited a chemical facility with 14 safety violations, including chemical hazards found at the company’s facility. OSHA’s September 2012 inspection was initiated as part of the agency’s National Emphasis Program on process safety management for covered chemical facilities. The inspection resulted in $64,665 in proposed penalties. The serious violations, with a $63,000 penalty,…...

Several times year we upset a client who has hired us to do a “wall-to-wall” compliance audit with their PSM/RMP programs. These audits are our most intense audits in which we leave no rock unturned. One of the items we audit in this level of auditing is the RMP submittal and all of the supporting…...

EPA inspected a meat plant that has an ammonia refrigeration process that qualified as a Program 3.  This inspection should garner additional attention as this inspection took place VERY SOON after the facility was sold/bought.  The new owner took over on August 29, 2011 and the inspection took place on May 16th and 17th, 2012.  The…...

This is the first time, in a VERY LONG time that I have seen EPA take issue with and issue citations against actual errors in the RMP Submittal data and errors made in the Off-Site Consequences Analysis (OCA).  Unfortunately, EPA does not list the monetary fine with each violation and this inspection apprears to be…...

A paint plant was inspected in 2010 by EPA for compliance with the RMP rule.  The plant uses flammables such as Propane, Butane, Isobutene, and methyl ether in their covered process.  The inspection resulted in the following citations:… Membership Required You must be a member to access this content.View Membership LevelsAlready a member? Log in...