Text For Citation: 03 Item/Group: 019 Hazard: REFINERY

29 CFR 1910.119(n) Emergency planning and response. The employer shall establish and implement an emergency action plan for the entire plant in accordance with the provisions of 29 CFR 1910.38. In addition, the emergency action plan shall include procedures for handling small releases. Employers covered under this standard may also be subject to the hazardous waste and emergency response provisions contained in 29 CFR 1910.120 (a), (p) and (q). A. Silver Eagle Refinery did not include a procedure in its Emergency Response Plan (ERP) that instructs employees how to distinguish between small releases and spills and large releases or spills and what employees actions are required in both instances. This violation was identified during inspections of the facility from November 2009 to March 2010, Silver Eagle Refining Inc., 2355 South 1100 West, Woods Cross, UT, 84087. Employee interviews reveal that employees are unclear of how to distinguish between small and large releases for the purpose of emergency response/evaluation. Additionally the employer's Emergency Action Plan does not indicate how to distinguish between small releases/spills and large releases/spills for the purposes of evacuation. Operators at the facility are often required to stay on site during fires or other releases to try and contain the release; however, if operators are not sure at what point they should stop trying to contain the release and evacuate the facility, serious injury or death could occur.