The Respondent owns an alkoxylation process at the Facility. Respondent manufactures a range of specialty surfactants for use predominantly in the oil and gas industry. The process of ethoxylation involves reacting ethylene oxide with various common chemicals , such as fatty alcohols and phenols, to produce a variety of products. The plant can also use propylene oxide instead of (or as well as) ethylene oxide in a similar process known as “propoxylation.” Respondent has greater than threshold quantities of ethylene oxide and propylene oxide, in a process at the Facility, meeting the definition of “covered process ” as defined by 40 C.F.R. § 68.3.
EPA Findings of Violation
Training
Pursuant to 40 C.F .R. § 68.71(b) refresher training shall be provided at least every three years, and more often, if necessary, to each employee involved in operating a process to assure that the employee understands and adheres to the current operating procedures of the process. The owner or operator, in consultation with the employees involved in operating the process , shall determine the appropriate frequency of refresher training.
Respondent failed to provide refresher training to its employees at least every three years.
Pursuant to 40 C.F.R. § 68.71(c), the owner or operator shall ascertain that each employee involved in operating a process has received and understood the training required by 40 C.F.R. § 68.71 (a) and (b). The owner or operator shall prepare a record which contains the identity of the employee, the date of training, and the means used to verify that the employee understood the training.
The Respondent failed to prepare initial training and refresher training records.
Respondent’s failure to provide initial training to its employees on emergency operations prior to being involved in the operating a process, as well as Respondent’s failure to demonstrate that the employees understood the training and the failure to maintain training records pursuant to 40 C.F.R. § 68.71 (a)-(c) , as required by 40 C.F.R. § 68.12(d)(3) is a violation of Section 112(r)(7) of the CAA.
Process Hazard Analysis (PHA)
At the time of the inspection, the Respondent has failed to establish a system to address team findings and failed to communicate the actions to operating, maintenance and other employees whose work assignments are in the process and who may be affected by the recommendations.
The regulation at 40 C.F.R. § 68.67(t) requires that at least every five (5) years after the completion of the initial process hazard analysis, the PHA shall be updated and revalidated by a team meeting the requirements of 40 C.F.R. § 68.67(d).
At the time of the inspection, the Respondent failed to revalidate its PHA five years after the completion of its initial PHA. The Respondent conducted its initial PHA in August 2015 and revalidated that PHA in February 2021 (six months late).
The Respondent’s failure to establish a system to address team findings and failed to communicate the actions to operating, maintenance, and other employees that may be affected by the recommendations as required by 40 C.F.R. § 68.67(e), and the Respondent’s failure to revalidate it’s PHA five years after the completion of its initial PHA, as required by 40 C.F.R. § 68.67(f) is a violation of Section 112(r)(7) of the CAA.
Management Systems
At the time of inspection, the Respondent failed to develop a management system to oversee the risk management program elements.
Respondent’s failure to develop a management system to oversee the implementation of the risk program elements, as required by 40 C.F.R. § 68.15(a), is a violation of Section 112(r)(7) of the CAA.
Management of Change
At the time of the inspection, the Respondent failed to document its completed management of change procedures or document that employees whose job tasks were affected by a change in the process were informed of the process. Also, the Respondent failed to update its process safety information or operating procedures when required.
Respondent’s failure to document its completed management of change procedures and failure to update its process safety information or operating procedures, as required by 40 C.F.R. § 68.75(a), (c), (d) and (e), is a violation of Section 112(r)(7) of the CAA.
Defining Offsite Impacts
At the time of inspection, the Respondent failed to list its environmental receptors in its RMP program.
The Respondent’s failure to document its RMP environmental receptors are required by 40 C.F.R . § 68.33(a), is a violation of Section 112(r)(7) of the CAA.
Compliance Audit
At the time of the inspection, the Respondent failed to develop a report of findings of its 2018 compliance audit. Also, the Respondent failed to determine and document an appropriate to each of the findings of the 2018 compliance audit nor did the Respondent document that the deficiencies were corrected.
The Respondent’s failure to develop a report of the 20 18 compliance audit findings and failure to address the findings by documenting that the deficiencies were corrected as required by 40 C.F.R. § 68.79(c) and (e), is a violation of Section 112(r)(7) of the CAA.
Contractors
The Respondent failed to provide complete documentation when selecting a contractor regarding their contract owner or operator’s safety performance and programs. Also, the Respondent did not periodically evaluate the performance of its contract owners and operators in fulfilling obligations.
The Respondent’s failure to provide completed documentation of the selected contractor’s owner or operator safety performance and programs, and failure to periodically evaluate the performance of its contract owner or operator in fulfilling its obligations as required by 40 C.F.R. § 68.87(6)(1) and (6)(5), is a violation of 112(r)(7) of the CAA.
Emergency Response
At the time of inspection, the Respondent did not provide documentation of its emergency response plan and coordination with local emergency planning and response organizations prior to July 2020.
The Respondent’s failure to provide documentation of its emergency response plan and coordination with local emergency plan and response organizations prior to July 2020 as required by 40 C.F.R. § 68.93(a), is a violation of 112(r)(7) of the CAA.
Order for Compliance
The EPA and Respondent agree that Respondent shall, as expeditiously as possible, but in no event later than three hundred and sixty days (360) days from the effective date of this Order, complete the following actions (Compliance Actions) for all covered processes at the facility:
a. In accordance with 40 C.F.R. § 68.15, Respondent shall develop a management system to oversee the implementation of the risk management program elements.
b. In accordance with 40 C.F.R. § 68.67, Respondent shall perform a process hazard analysis for the process. Respondent shall establish a system to promptly address the team’s findings and recommendations; assure that the recommendations are resolved in a timely manner and that the resolution is documented; document what actions are to be taken; complete actions as soon as possible; develop a written schedule of when these actions are to be completed; communicate the actions to operating, maintenance and other employees whose work assignments are in the process and who may be affected by the recommendations or actions.
Respondent shall provide the process hazard analysis to EPA.
Respondent shall be responsible for implementing all actions required to be taken to resolve the
team’s findings and recommendations in accordance with the written schedule developed to complete action items. If any action required to be taken to resolve the team’s findings and recommendations will require more than 360 days, the Respondent shall notify the EPA no later than 360 days from the effective date of this Order.
c. In accordance with 40 C.F.R. § 68.69(c), Respondent shall certify its operating procedures are current and accurate. Respondent shall create a process or procedure to ensure its operating procedures are certified current and accurate on an annual basis.
d. In accordance with 40 C.F.R. § 68.71, Respondent shall train each of its employees involved in operating a process in an initial training that includes emphasis on the specific safety and health hazards, emergency operations including shutdown, and safe work practices applicable to the employee’s job tasks. Respondent shall ensure its employees are provided refresher training at least every three years. Respondent shall prepare a record which contains the identity of the employee , the date of training, and the means used to verify that the employee understood the training. Respondent shall also provide EPA with a description of the training program. Respondent shall provide EPA with training records of relevant employees.
e. In accordance with 40 C.F.R. § 68.75, Respondent shall create a process to ensure it manages changes (except for “replacements in kind” ) to process chemicals, technology, equipment, and procedures, and changes to stationary sources that affect a covered process as required. Respondent shall ensure the process includes a procedure to confirm employees affected by the change in the process are informed of and trained in the change prior to the startup of the affected part of the process.
f. In accordance with 40 C.F.R. § 68.87, Respondent shall obtain and evaluate information regarding its contract owners or operators’ safety performance and programs. Respondent shall provide this information to EPA.
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