PSM and RMP Citations/Analysis

Respondent owns and operates a water treatment plant in MN that has an inventory of chlorine gas at the water treatment plant, which is 360,000 pounds. The threshold quantity of chlorine is 2,500 pounds. Respondent’s RMP registration states that the maximum inventory of anhydrous ammonia at the water treatment plant is 87,583 pounds. The threshold…...

Respondent operated a cold storage warehouse and distribution facility located in RI (the “Facility”). The Facility is located immediately adjacent to a Bay, approximately one-third of a mile from several marinas, just under 1 mile from a few homes, and less than 1.5 miles from an elementary school, a residential neighborhood, and a small airport…....

Respondent owns and operates a metal parts heat treatment operation in Michigan (the Facility) that maintains a maximum inventory of 60,000 pounds of the regulated toxic substance, anhydrous ammonia, which exceeds the threshold quantity of 10,000 pounds of anhydrous ammonia as set forth in Table 1 at 40 C.F.R. § 68.130. Respondent uses anhydrous ammonia…...

Respondent is a private family-owned company that owns and/or operates facilities located in California and Arizona. Respondent specializes in repackaging and distributing chemicals and manufacturing chemicals onsite. The Facilities are located within populated residential, commercial, and industrial areas. The CA Facility receives and repackages anhydrous ammonia and manufactures aqueous ammonia in a reactor by mixing…...

Respondent owns and operates an anhydrous ammonia refrigeration system facility in Altoona, Iowa (Respondent’s Facility). On or about September 21, 2022, 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…...

The U.S. Environmental Protection Agency (EPA) and Justice Department have reached a settlement with a food processing company to resolve alleged violations of the Clean Air Act (CAA) and Emergency Planning and Community Right-to-Know Act (EPCRA) at the company’s food processing facility in North Kingstown, Rhode Island. The alleged violations pertain to chemical release prevention…...

Respondent has a refining process meeting the definition of “process”, as defined by 40 C.F.R. § 68.3. Methane, ethane, propane, pentane, propylene, hydrogen, butane, hydrogen sulfide, and ammonia are each a “regulated substance” pursuant to 40 C.F.R. § 68.3. The threshold quantity for methane, ethane, propane, pentane, propylene, hydrogen, butane, hydrogen · sulfide, and ammonia…...

Respondent owns and operates a petroleum product refinery. In May 2017 there was a refinery-wide power outage that resulted in flaring and a large release of sulfur dioxide and flammable materials from the Facility. In response to this incident, members of the public were evacuated, required to shelter in place, or visited the emergency room…...

A federal investigation into two workers’ fatal burns at an Oregon, Ohio, refinery’s crude unit found its operator violated OSHA’s process safety procedures for highly hazardous materials and failed to train the workers adequately.   As the workers attempted to correct rising liquid levels in the fuel gas mix drum, a flammable vapor cloud formed, ignited,…...

At all times relevant to this CAFO, Respondent operated at a facility that refined transmix. Transmix is a mixture of refined products such as gasoline, diesel, and/or jet fuel that results when refined materials are transported in pipelines. The intermingling of products at portions of a pipeline stream can result in the material of an…...

This is an interesting agreement, none like I have seen before.  Had OSHA done this inspection, using their new Wilfull Instance-by-Instance Penalty Adjustments, this case could have exceeded $1M in fines.  Yet, the case resulted in $0 in fines and a correction plan.  This facility had two (2) releases (Oleum and Ammonia) in the same…...

Respondent operated a facility to provide pre-cooling and short­ term storage for fresh vegetables harvested by local growers, including lettuce, cabbage, and brussels sprouts. Respondent produced, used, or stored more than 10,000 pounds of ammonia (anhydrous) at the Facility and was subject to the requirements of CAA§ 112(r)(7).  Respondent was subject to Program 3 requirements…...