I have to tell you this story about a time when we stumped an EPA inspector. I was with my previous firm in California helping a cold storage facility with their PSM program. We were in the height of COVID-19 so the EPA changed their inspection policies. Rather than starting with an in-person inspection, they opened up their audit remotely with a couple document requests. After a few months of reviewing records, they then scheduled the in-person inspection. My client had three refrigeration systems, was in the middle of expanding their largest system, and was also navigating a lawsuit related to an ammonia release. They had their hands full to say the least! In the midst of all this they had gotten behind on pressure relief valve (PRV) replacements. There were a number of PRVs which were just past their 5-year replacement date. And when the EPA inspector came onsite, they expected to find a host of past due PRVs since that is what the prior documentation indicated. To his surprise (and dismay!), all PRVs were in compliance! He noticed almost all of the PRV install dates on the updated relief system design document reflected a replacement date in the very month we were having the inspection. Thankfully (beyond my regular urging to replace the outdated PRVs) I had implored my client to replace all past due PRVs before the date of the onsite inspection. In a rush, my client got every single PRV replaced just before the date of the inspection! All the inspector could say was, “I guess this is what we get when we schedule an inspection.” While we should always strive to keep our PRVs current, my client showed savvy by replacing them just before the inspection date.
Besides replacing PRVs before an inspection, I wanted to offer one more strategy for preparing for an inspection. If you’re aware of an upcoming inspection, review every single open recommendation you have related to your PSM program—even if you know you can’t resolve them all. If you have twenty (20) open recommendations between your last PHA, Compliance Audit, and a 5-Year Mechanical Integrity Audit, you need to revisit all of them to provide updated notes on the status of the recommendation. Here is how you should tackle them (starting with the most ideal solution):
Best Case Scenario: Identify the quick fixes first. If you can simply take care of it—get it done! Replace that windsock or fan guard.
Next Best: If it’s not something you can get done before the inspection, get started on it and attach your proof of getting started. Attach an invoice for a purchased item or attach an email requesting a quote from a contractor.
Better Than Nothing: Even if it’s not something you currently have the budget for, leave a note, “Company XYZ has addressed several other major projects related to the ammonia refrigeration system in response to other PHA/MI recommendations this year. This recommendation will be reconsidered for FY2025.” Since you already have a plan in place, this option allows you to drive the negotiations with the inspector regarding the timeframe of resolution.
I hope these simple items will prevent unnecessary regulatory fines!
Contact us if you want help preparing for an inspection or managing all recommendations.
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