PSM and RMP Citations/Analysis

On April l8, 2012, an authorized representative of the EPA conducted a compliance inspection of Respondent’s facility in Holyoke, Colorado, 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…...

EPA’s has cited a refrigeration facility $117,000 alleging the facility failed to prepare and submit a risk management plan (“RMP”) for anhydrous ammonia before using it in a process at Respondent’s facility in East Providence, Rhode Island, in an amount that exceeded the regulatory threshold established at 40 C.F.R.  § 68.130, in violation of Section…...

Another detailed look into an EPA RMP General Duty Clause citations at an Ice Plant and Cold Storage facility.  The facility was cited $108,000 under the EPA’s RMP GDC that alleged…… Membership Required You must be a member to access this content.View Membership LevelsAlready a member? Log in here...

EPA has announced a settlement with a refinery, resolving alleged Clean Air Act violations. The company has agreed to pay civil penalties of $115,000 for violations of risk management program requirements associated with the storage and use of flammable substances and hazardous chemicals. On December 15 and 16, 2011, EPA conducted an inspection of the…...

OSHA has cited the company with three repeat and four serious violations following a June inspection as part of the agency’s Process Safety Management Covered Chemical Facilities national emphasis program (NEP). Proposed penalties total $99,000. The repeat citations issued for the process safety management standard violations include failing to inspect and test process equipment consistent…...

A fruit Company failed to meet risk management requirements under the Clean Air Act, according a settlement with the U.S. Environmental Protection Agency. The plant failed to submit their RMP in 2004 when they exceeded the 10,000-pound threshold for Anhydrous Ammonia, used as a refrigerant at the plant. As part of the settlement, the company will…...

OSHA has cited a chemical company for 47 violations following a chemical release and proposes $545,000 in fines AND the company was also placed in the Severe Violator Enforcement Program (SVEP). The 47 violations include four willful – violations after an unexpected release of hazardous materials led to the temporary shutdown of the plant and…...

Unsafe line break into an Anhydrous Ammonia line results in three workers hospitalized and more than $55,000 in fines – and some valuable lessons for emergency responders. … Membership Required You must be a member to access this content.View Membership LevelsAlready a member? Log in here...

My apologies for missing this one back earlier this year!!!  OSHA has cited an adhesives manufacturing facility with 50 alleged violations of workplace safety standards following a March 13 explosion in which four workers were injured. The  faces a total of $917,000 in proposed fines.  OSHA’s inspection identified several serious deficiencies in the company’s PSM program. In…...

This is an interesting case, with EPA laying claim that although the chemical Toluene is NOT listed as an Extremely Hazardous Substance (EHS) in either the RMP or EPCRA rule it is still an EHS and the Clean Air Act’s RMP General Duty Clause applies to it.  EPA wins this case, but the argument the facility…...

New Mexico OSHA and the refinery entered a settlement agreement for citations issued resulting from an investigation of a March 2010 accident, which killed two employees and seriously injured two others at the refinery. As part of the agreement, the company will pay a $400,000 fine, the highest penalty ever collected by the state OSHA program…....

OSHA has cited a discount retailer with 19 serious safety and health violations at the company’s distribution center that are related to process safety management, including exposing workers to anhydrous ammonia while storing frozen products in refrigeration units. OSHA’s inspection was initiated as part of the agency’s national emphasis program on process safety management for…...