EPA RMP Citations @ olefins facility (Flammables & $9K w/ $43K SEP)

Respondent is the owner and operator of an olefins facility which had two (2) incidents that occurred on December 20, 2021, and May 3, 2022, that resulted in accidental releases. Respondent has an olefins unit process at the Facility, meeting the definition of ” process”, as defined by 40 C.F.R. § 68.3.

EPA Findings of Violation

Count 1 – Operating Procedures

For the December 20, 2021 incident, GCGV’s flare drum pump out procedure failed to provide clear instructions for safely conducting activities related to sending light hydrocarbons to the floating roof ATM slop tank (ZTTK04), did not provide instruction on how to properly heat the material in the warm flare drum (UFD02) to remove light hydrocarbons prior to pumping to the slop tank, did not include the consequences of deviating from the procedure, and did not include the potential risks and hazards for sending light hydrocarbons from the UFD02 flare drum to the ZTTK04 floating roof ATM slop tank.

Respondent’s failure to develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process, consistent with the process safety informat ion pursuant to 40 C.F.R. § 68.69(a)(1)(iii), (a)(2) and (a)(3)(v), and as required by 40 C.F.R. § 68.12(d)(3), is a violation of Section 112(r)(7) of the CAA.

Count 2 – Mechanical Integrity

For the May 3, 2022, incident, Respondent failed to conduct appropriate checks and inspection to assure that the bottom drain valves (bull plugs) for two (2) frac tanks had been tightened adequately when the tanks were delivered to the site, and which was also a responsibility required in the supplier’s contract specifications to deliver equipment in a safe and operable condition.

Respondent’s failure to conduct appropriate quality assurance checks and inspection on the two frac tanks to assure that the equipment was installed properly in safe and operable condition, pursuant to”40 C.F.R. § 68.73(f)(2), as required by 40 C.F.R. § 68.12(d)(3), is a violation of Section I12(r)(7) of the CAA, 42 U.S.C. § 7412(r)(7).

Respondent agrees that, in settlement of the claims alleged herein, Respondent shall pay a civil penalty of Nine Thousand Three Hundred Twenty-Seven Dollars ($9,327.00), as set forth below.

Respondent shall implement a supplemental environmental project (“SEP”), which the parties agree is intended to secure significant environmental or public health protection and improvement. The SEP involves purchase and delivery of an air monitoring kit with daily calibration test station and 17 sets of new National Fire Protection Association­ compliant emergency response bunker gear to the City of Gregory Volunteer Fire Department. The emergency response equipment SEP and Respondent’ s costs of performing the SEP are described in more detail in Attachment A to this CAFO. The emergency response equipment SEP will be completed no later than twelve (12) months from the effective date of this CAFO.

The SEP relates to the alleged violation(s) and is designed to reduce the adverse impact to public health and/or the environment to which the alleged violations contribute, specifically by replacing the City of Gregory Volunteer Fire Department’s outdated equipment with NFPA compliant responder gear needed to serve its residents and community in responding to fires, public safety, medical emergencies, and disasters.

The total expenditure for the SEP shall be no less than Forty-Three Thousand Three Hundred Twenty­ Three Dollars ($43,323.00).

SUPPLEMENTAL ENVIRONMENTAL PROJECT

The business is partnering with the City of Gregory Volunteer Fire Department (Department) to identify equipment needs that will expand the Department’s ability to serve the residents and community of Gregory. As first responders to fires, public safety and medical emergencies , disasters, and terrorist acts, the Department’s purpose is to protect the lives and property within the City of Gregory. GCGV will purchase and deliver the equipment described in the following table to the Department to support the Department in fulfilling its mission.

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