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Respondent is a Plant Food Company and is an owner or operator of vessels containing anhydrous ammonia located at the Facility. The vessels are a “stationary source” pursuant to 40 C.F.R. § 68.3. On or about March 1, 2017, EPA conducted an inspection of the Facility to determine compliance with Section 112(r) of the CAA and 40 C.F.R. Part 68. Respondents were subject to Program 2 prevention...
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A petroleum refinery was inspected by OSHA as part of its Refinery National Emphasis Program. A team of compliance officers and industrial hygienists from the Occupational Safety and Health Administration inspected the refinery from September 10 through December 18, 2009. On March 8, 2010, OSHA issued three citations to Respondents, two of which were settled in their entirety prior to the hearing...
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Under ASME B31.3 (Process Piping), the roels and requirements for an Examiner are distinctly different from those for an [Owner’s] Inspector. While the Inspector represents the owner and audits the work, the Examiner represents the manufacturer, fabricator, or erector and is the person actually performing the quality control examinations—including visual inspection. Because ASME B31.3 classifies...
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Respondent owned and operated a primary metal products manufacturing facility that produces annually over 300,000 tons of powdered metal which is used in the production of automotive parts. Hydrogen is handled in the production of powdered metal, and hydrogen is a regulated flammable substance listed under 40 C.F.R. § 68.130.
The Facility receives scrap iron and steel that is melted and poured...
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Respondent owns and operates the egg production facility which utilizes anhydrous ammonia in a refrigeration process. On or about August 1-2, 2017, EPA conducted an inspection to determine compliance with Section 112(r) of the CAA and 40 C.F.R. Part 68 (EPA inspection). Information gathered during the EPA inspection revealed that Respondent had greater than 10,000 pounds of anhydrous ammonia in a process...
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NOTE: this case has some very interesting citations and used RAGAGEPs that may not be the best fit, but when a facility does not adopt a RAGAGEP, EPA (and OSHA) will be more than happy to “suggest” one in their citations!
Respondent is the owner and/or operator of a natural gas processing facility. The Facility uses, handles, and/or stores more than a threshold quantity of a flammable mixture...
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The EPA is planning to submit an Information Collection Request (ICR), “Risk Management Program Requirements and Petitions to Modify the List of Regulated Substances under section 112(r) of the Clean Air Act (CAA)”, EPA ICR No. 1656.16, OMB Control No. 2050-0144 to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. Before doing...
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In the recent Supreme Court hearings, the nominee was asked about his position on the Sea World Fatality with the killer whale. He disagreed with OSHA’s authority to cite Sea World and a member of Congress asked him about his decision. He stated “precedent” as to why he ruled that way and since then there have been many who have decried his position on OSHA’s authority...
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