Respondent is the owner and operator of the facility that produces anhydrous ammonia, urea fertilizer, and urea-ammonium nitrate which are loaded on trucks and railcars for distribution. The Respondent’s Facility chemical 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 uses a regulated substance in an amount exceeding the applicable threshold. Respondent has greater than a threshold quantity of Methane (Flammable), Hydrogen (Flammable), Anhydrous Ammonia (Toxic), and Chlorine (Toxic), in processes at the Facility, meeting the definition of “covered process” as defined by 40 C.F.R. § 68.3.
EPA conducted a virtual partial compliance evaluation of the Facility from September 15, 2020, to September 30, 2020.
EPA Findings of Violation
Count 1 – Failure to Annually Certify Operating Procedures
At the time of the Inspection, Respondent failed to certify annually operating procedures for the ammonia loading and storage unit for the years 2016 and 2017.
Respondent’s failure to certify annually operating procedures were current and accurate pursuant to 40 C.F.R. § 68.69(c), is a violation of Section 112(r)(7) of the CAA
Count 2 – Failure to Implement Safe Work Practices
At the time of the Inspection, Respondent failed to properly conduct a startup for the Ammonia Unit 2 by leaving a vent valve open in error which resulted in a 0.55-ton anhydrous ammonia release on August 2, 2019.
At the time of the Inspection, the Respondent failed to implement proper lockout/tagout procedures at the Loading and Storage 1303-C Unit that resulted in a 90-pound release of anhydrous ammonia that caused a Facility evacuation and an incident command to be initiated on October 31, 2019.
At the time of the Inspection, the Respondent failed to implement safe work practices to provide for the control of hazards by failing to use a manual block valve during troubleshooting of PIC-155B Vent which caused the release of 173 pounds of anhydrous ammonia on December 1, 20I9.
At the time of the Inspection, the Respondent failed to implement its lockout/tagout procedure NOP OK0I 99 01 001 Energy Control and Commissioning that resulted in individual errors in the execution of this procedure during October and December 2019 incidents.
Respondent’s failure to implement safe work practices, as required by 40 C.F.R. §68.69(d), is a violation of Section 112(r)(7) of the CAA.
Penalty Payment
Respondent agrees that, in settlement of the claims alleged herein, Respondent shall pay a civil penalty of thirty thousand dollars ($30,000.00).
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