PSM and RMP Citations/Analysis

Respondent operates an ice rink facility with an ammonia refrigeration system. The System uses or used anhydrous ammonia, a chemical that is listed pursuant to Section 112(r)(3) as an “extremely hazardous substance” and that is subject to the General Duty Clause. In March of 2022, Respondent’s response to an Information Request issued by EPA revealed…...

Respondent is the owner and/or operator of an animal slaughtering facility where anhydrous ammonia is used in refrigeration systems. The Respondent conducted an offsite consequence analysis in early 2022, showing that the population inside the worst-case scenario radius includes 961 houses, and 2,851 people could be exposed to this release. The Respondent also conducted an…...

Respondent is the owner or operator of an ingredients facility with greater than 10,000 pounds of ethylene oxide in a covered process and greater than 10,000 pounds of trimethylamine in a covered process at the Facility. From the time Respondent first had onsite greater than 10,000 pounds of ethylene oxide and/or trimethylamine in a process,…...

The Respondent owns or operates a chemical distribution facility where the respondent has used or stored more than 15,000 pounds of formaldehyde. 40 C.F.R. § 68.25(a)(2)(i) requires the owner or operator of a stationary source to analyze and report in a Risk Management Plan (“RMP”) the worse-case release scenario that is estimated to create the…...

Respondent is the owner and operator of an olefins facility which had two (2) incidents that occurred on December 20, 2021, and May 3, 2022, that resulted in accidental releases. Respondent has an olefins unit process at the Facility, meeting the definition of ” process”, as defined by 40 C.F.R. § 68.3. EPA Findings of…...

Respondent is the owner and operator of five (5) facilities as that term is defined in section 112(a)(9) of the CAA, and within the meaning of section 112(r) of the CAA and section 313 of EPCRA.  EPA conducted inspections of the facilities on the following dates to determine Respondent’s compliance with section 112(r) of the…...

Respondent is the owner and/or operator of a facility that uses, handles, and/or stores more than a threshold quantity of ammonia (anhydrous), ammonia (concentration 20% or greater), and chlorine, which are regulated substances, as specified at 40 C.F.R. §§ 68.115 and 68.130. During the inspection, the EPA representative observed alleged violations of section 112(r) of…...

Respondent is an owner and operator of a petroleum refinery. Refining operations at the Facility are currently idled. EPA conducted an inspection of the Facility on September 20 – 26, 2022, to assess compliance with Section 112(r) of the CAA (the “Inspection”). During the Inspection, and in a letter dated October 13, 2022, EPA informed…...

The Respondent operates plastics material and resin manufacturing processes at the Facility that produces polymers used in various applications and products, meeting the definition of “process “, as defined by 40 C.F.R. § 68.3. The Respondent produces, processes, handles, and stores 1,3-Butadiene, Chlorine, Propylene oxide, and Acrylonitrile at the Facility. On February 2, 2022, an…...

The Respondent owns an alkoxylation process at the Facility. Respondent manufactures a range of specialty surfactants for use predominantly in the oil and gas industry. The process of ethoxylation involves reacting ethylene oxide with various common chemicals , such as fatty alcohols and phenols, to produce a variety of products. The plant can also use…...

Respondent is the owner and operator of a facility that produces olefins, ethylene oxide, propylene oxide, Methyl tertiary-butyl ether (MTBE), ethylene glycols, propylene glycols, ethanolamines, morpholine/Diglycolamine (DGA) surfactants. The facility is divided into nine process areas. The first area contains the propylene glycol unit G2. The second area contains the morpholine/DGA unit E7. The third…...

NOTE:  I usually do not post RMP citations with this small of an amount, but this was a rare Program 1 citation, so I felt there was some learning to this. Respondent operates a polyurethane manufacturing facility with over 10,000 pounds of methyl formate in a process at the Facility. Methyl formate is a “regulated…...