Respondent is an owner and operator of a petroleum refinery. Refining operations at the Facility are currently idled. EPA conducted an inspection of the Facility on September 20 – 26, 2022, to assess compliance with Section 112(r) of the CAA (the “Inspection”). During the Inspection, and in a letter dated October 13, 2022, EPA informed Respondent of observations made during the Inspection. EPA released its report for the Inspection on October 21, 2022. The Inspection included a review of available documentation and equipment at the Facility and an inventory of the contents of various systems and/or process units.
Facility equipment, vessels, and piping contained various materials, including, but not limited to, anhydrous ammonia, liquified (or liquid) petroleum gas (“LPG”), and hydrogen sulfide. Some of these materials are held under pressure.
During the Inspection, EPA inspectors toured and visually inspected the following process units at the Facility:
#5 Crude Unit;
#6 Crude Unit;
#3 Vacuum Unit;
Anhydrous Ammonia Drum;
Amine Units, including the Amine Reduction Unit;
LPG Unit #3;
Delayed Coker Unit; and
Coker Supply Tank 8501
During the Inspection, EPA inspectors identified safety concerns that they concluded could result in a release or fire.
During the Facility tour portion of the Inspection, EPA inspectors observed conditions demonstrating a lack of maintenance and numerous examples of corrosion on process valves, flanges, pipes, nuts/bolts, and pressure relief devices in all unit processes, including in many cases corrosion to such a degree that it resulted in extreme deterioration. Many process components, based on visual inspection, appear not to have been adequately inspected or maintained for significant periods and may not be operable or at least fully operable for routine service or in an emergency. Gaskets were also observed to be in poor condition, and many exhibited severe corrosion.
In addition, at the time of the inspection EPA inspectors observed exposed wires in Class I Division I electrical system areas (areas where flammable substances are located). Such exposed wires could be potential ignition sources if they were “live”. The Facility representatives could not confirm if the wires were live or disconnected from the electrical system.
Piping and many valves on LPG Unit #3 are in an advanced state of corrosion and disrepair. The equipment in the process contains over 37,000 pounds of LPG. These conditions can present a risk of fire and/or explosion, including potential off-Facility impacts.
Piping and many valves on the Anhydrous Ammonia Drum are in an advanced state of corrosion and disrepair. The Anhydrous Ammonia Drum contains over 40,000 pounds of anhydrous ammonia. These conditions can present a risk of release of toxic anhydrous ammonia, including potential off-Facility impacts.
Damage to the valves is likely to complicate efforts to remove extremely hazardous substances safely from Facility equipment, including LPG Unit #3 and the Anhydrous Ammonia Drum.
During the Inspection, EPA inspectors visually observed external corrosion on components associated with the Amine Reduction Unit. Because of toxicity and flammability, gaseous hydrogen sulfide potentially entrained in the Unit could present an extreme health hazard in the event of an accidental release from the Amine Reduction Unit.
During the Inspection, EPA inspectors visually observed liquid leaking from pipe-tank welds on all of the drain lines of the #6 Crude Desalter Unit, which could be indicative of the process not having been adequately inspected or maintained or a lack of preventative maintenance.
Other process equipment at the Facility may also contain extremely hazardous substances, including flammable and toxic substances.
At the time of the Inspection, the EPA Inspectors observed few employees at the Facility. EPA was informed that there were 42 employees including contractor employees, which also includes a Maintenance Department consisting of approximately 20 people.
Anhydrous ammonia, butane, propane, and hydrogen sulfide are extremely hazardous substances, and they are regulated substances listed pursuant to Section 112(r)(2) and (3) of the CAA and 40 C.F.R. § 68.3.
Codes and standards that may apply to the equipment at the Facility that contains extremely hazardous substances, including ammonia and LPG, include the following:
- For Pressure Vessels:
- Design and Construction: American Society of Mechanical Engineers (“ASME”) VIII Div. 1 & 2
- Inspection and Repair: National Board of Inspection Codes (“NBIC”) 23
- American Petroleum Institute (“API”) 510 & 579
- For Valves:
- Design and Construction: ASME B16.34; API 600 & 609
- Inspection and Repair: API 598 & API Recommended Practice 591
- For Piping
- Design and Construction: ASME B31.X & B31.3
- Inspection and Repair: API 570, 574, & 579
- For Pressure Relief Devices
- Design and Construction: ASME I, IV, & VII; API 2000
- Inspection and Repair: NBIC 23; API Recommended Practice 576 & 510
- For Aboveground Storage Tanks
- Design and Construction: API 12B, 620, & 650
- Inspection and Repair: API 653 & 579
Respondent shall undertake the following actions regarding the Facility:
a. EPA directs Respondent and Respondent agrees not to disturb or remove
(a) the ammonia from the Anhydrous Ammonia Drum,
(b) the LPG from LPG Unit #3, or
(c) the amine solution and the associated hydrogen sulfide from the Amine Units (collectively, the ammonia, LPG, amine solution, and hydrogen sulfide are referred to as the “Materials”), except in accordance with the procedures set forth in the subparagraphs c. through f., below, and with the use of qualified, approved contractors.
b. Respondent shall begin performing the Interim Measures set forth in Appendix A regarding the three systems containing the Materials. Respondent shall perform and document the ongoing performance of these Interim Measures at the frequencies specified in Appendix A until EPA approves the Final Reports.
Respondent shall direct its approved contractor(s) to immediately begin and complete the following tasks within thirty (30) days of EPA’s approval of Respondent’s proposed contractor(s):
(1) determine the Material-containing boundaries of the three systems containing the Materials, as described in Paragraph 42.a., above, and the extent of the presence of the Materials in these three systems;
(2) assess the integrity of these three systems to ensure that the Materials in these three systems can be safely removed utilizing the services of an API-510/570 Inspector and a NDE Technician; and
(3) determine options for the safe removal of the Materials from these three systems and from the Facility. The options may include the sale of any of these materials so long as the materials will be safely, properly, and timely removed from the Facility, but one of the options for each of the three systems must include the off-site disposal (not sale) of the Materials.
APPENDIX A
Interim Measures
At a minimum, the Respondent will perform the following Interim Measures. By including these measures in this Appendix, EPA has made no determination as to their adequacy.
- Staffing, Support, and Training:
- Maintain a two-person crew to perform nightshift walk downs of the three systems containing the Materials as described in Paragraph 6 of the Consent Order;
- Engage an experienced, on-site contractor who can deploy immediately to provide emergency response support for the Facility, and prepare an emergency response plan;
- Retrain existing operations personnel with respect to manual activation of the ammonia deluge system (this item is complete with respect to current personnel and will be implemented with respect to any new personnel); and
- Within 30 days of the effective date of the Consent Order, complete refresher training for operations and maintenance personnel regarding the operation and use of fire hydrants.
- Inspections and Monitoring:
- Continue to perform walk downs of each of the three systems no less than six times per day, visually inspecting each of the three systems containing the Materials and monitoring pressure levels within the three systems;
- Within 14 days of the effective date of the Consent Order, deploy and operate no less than 10 additional portable analyzers within the LPG System and the Amine System to monitor for hydrogen sulfide and combustible gases (lower explosive limits);
- Test the Facility’s fire monitors within the three systems containing the Materials for water flow no less than once each month, beginning immediately, to ensure that they are functioning properly;
- Within 14 days of the effective date of this Consent Order, complete the field electrical area classification inspection and promptly address issues and/or deficiencies noted during that inspection;
- Within 14 days of the effective date of this Consent Order, deploy and operate one additional ammonia ambient monitor (for a total of four) within the Ammonia Storage System; and
- Test the Ammonia Deluge System within 14 days of the effective date of this Consent Order and then no less often than once every two months
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