PSM and RMP Citations/AnalysisNOTICE: The OSHA cases found in these posts may be taken from OSHA citations BEFORE the "informal conference" takes places. These cases are posted for AWARENESS and EDUCATIONAL purposes only. I have scrubbed company names and locations from my postings, but not from the OSHA and EPA documents. These posts are in NO WAY meant to shame any company, just providing information showing the things OSHA/EPA are finding in their PSM/RMP inspections.
OSHA has again found a large food manufacturer with a history of hazardous workplace safety practices in violation of dozens of safety and health hazards. The producer of glass-pack, canned, frozen, refrigerated, freeze-dried, and snack food products under it's brand, as well as other private labels, also operates eight other manufacturing plants, including five in Pennsylvania and one each in Delaware, New Jersey, and Guatemala. In October 2023, CSHOs opened an investigation at the Centre Hall plant in response to a complaint alleging hazards involving the company’s handling of highly hazardous chemicals included in it’s Process Safety Management program. OSHA cited the company for 70 violations, including nine repeat, 51 serious, and 11 other-than-serious violations. The infractions related to numerous Process Safety Management failures, such as lack of training, not correcting equipment deficiencies, failing to document that equipment complied with recognized and generally accepted good engineering practices, and establishing an emergency plan for the entire plant. The agency has assessed the business with $761,876 in penalties. OSHA cited the company for similar violations at its Clayton, Delaware, facility in 2019 and 2021. Membership Content
Respondent operates a granular monoammonium phosphate (GMAP) process and a diammonium phosphate (DAP) process at the Facility, meeting the definition of “process”, as defined by 40 C.F.R. § 68.3. A different Respondent operates an anhydrous ammonia process at the Facility, meeting the definition of “process”, as defined by 40. C.F.R. § 68.3. The GMAP and DAP processes are located on property that is contiguous or adjacent to the anhydrous ammonia process. Further, the second respondent is under the control of or under common control of the primary respondent. From the time Respondents first had on-site greater than a threshold quantity of the Regulated Substance in a process, Respondents were subject to the requirements of 40 C.F.R. Part 68 because they were the owners or operators of a stationary source that had more than a threshold quantity of a regulated substance in a process. From the time Respondents first had on-site greater than a threshold quantity of the Regulated Substance in a process, Respondents were required to submit an RMP pursuant to 40 C.F.R. § 68.12(a) and to comply with the Program 3 prevention requirements because pursuant to 40 C.F.R. § 68.10(i), the covered processes at the Facility did not meet the eligibility requirements of Program 1 or Program 2, are subject to OSHA requirements for Process Safety Management pursuant to 29 C.F.R. 1910.119, and the GMAP and DAP processes are in North American Industry Classification System (NAICS) code 325312 and the anhydrous ammonia process is in NAICS code 325311. EPA Findings of Violation
Respondent is the owner and operator of the facility. On October 15, 2022, there was an incident at the Facility that resulted in an accidental release of approximately 17,598 pounds of Aluminum Triethyl (ATE). The Incident resulted in an on-site chemical fire at the Facility and a shelter-in-place for the surrounding community. The Respondent’s facility uses natural gas and by-products from refinery operations to produce specialty chemicals for detergents and cosmetics. The facility uses or produces several regulated flammables such as ethylene, propane, butane, propylene, ethane, hydrogen, methane, and pentane. The Respondent’s processes meet the definition of “process” and “covered process”, as defined by 40 C.F.R. § 68.3. The Respondent’s RMP program level 3 covered processes store or otherwise use a regulated substance in an amount exceeding the applicable threshold. Ethylene Oxide, Hydrogen Flouride, and Chlorine are “regulated substances” pursuant to Section 112(r)(2)(B) of the CAA, and the regulation at 40 C.F.R. § 68.3. The threshold quantity for the regulated substance, Ethylene Oxide, as listed in 40 C.F.R. § 68.130, is 10,000 pounds. The threshold quantity for the regulated substance, Hydrogen Flouride, as listed in 40 C.F.R. § 68.130 is 1,000 pounds. The threshold quantity for the regulated substance, Chlorine, as listed in 40 C.F.R. § 68.130, is 2,500 pounds. Respondent has greater than a threshold quantity of Ethylene Oxide, Hydrogen Flouride, and Chlorine in processes at the Facility, meeting the definition of “covered process” as defined by 40 C.F.R. § 68.3. EPA Findings of Violation
The Respondent formerly operated an ammonia refrigeration process at a distribution center and warehouse, which maintained a maximum inventory of the regulated toxic substance anhydrous ammonia at the Facility, 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 and, therefore, has had a regulated substance present in more than a threshold quantity as determined under § 68.115, since at least 1999. At the Facility, the respondent operated a process, as defined in 40 C.F.R. § 68.3, that includes the use, storage, handling, and on-site movement of anhydrous ammonia, a regulated substance. The Covered Process at the Facility consists of seven compressors, three storage vessels, one high-pressure storage vessel, three condensers, 27 ammonia detection sensors, piping, and 100 evaporators (Covered Process). The Facility is subject to Program 3 because the Covered Process does not meet the Program 1 eligibility requirements at 40 C.F.R. § 68.10(g), and it is subject to the OSHA process safety management standard, 29 C.F.R. § 1910.119, in accordance with 40 C.F.R. § 68.10(i). On September 16, 2021, EPA conducted an announced inspection of the Facility. Prior to and during the September 2021 inspection, one business owned and the respondent operated the ammonia refrigeration system at the Facility. After the September 2021 inspection, the owner took over operations. During the September 2021 inspection, EPA inspectors reviewed documents relating to the RMP that the operator provided (RMP Documents). The RMP Documents included aspects of the Facility’s RMP involving the management system, process safety information, process hazard analysis, operating procedures, training, mechanical integrity, management of change, pre-startup safety review, compliance audits, hot work permits, employee participation, and contractors.
Respondent owns and operates a cheese manufacturing facility. On March 22, 2022, EPA inspected the Facility to evaluate compliance with CERCLA Section 103, EPCRA Sections 304-312, and the GDC of CAA Section 112(r). Based upon the information gathered during the Inspection and subsequent investigation, EPA determined that Respondent violated certain provisions of CERCLA, EPCRA, and the CAA. At all times relevant to this CA/FO, Respondent has and had 10,000 pounds or more of anhydrous ammonia in one or more processes at the Facility. ALLEGED VIOLATIONS OF LAW
Respondent owns and operates an ammonia refrigeration system at its ice cream novelty manufacturing facility, which maintained a maximum inventory of the regulated toxic substance anhydrous ammonia at the Facility, exceeding the threshold quantity of 10,000 pounds of anhydrous ammonia. The ammonia refrigeration system at the Facility services 3 freezer rooms and consists of 12 compressors (including compressor BC-02), 46 vessels, 23 evaporators, 1 purger, 32 heat exchangers, 2 condensers, 8 ammonia pumps, and 3 water pumps (the Covered Process). |
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