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.”
EPA Findings of Violation
Training
The Respondent failed to provide its employees an initial training emphasizing the specific safety and health hazards, emergency operations including shutdown, and safe work practices applicable to the employee’s job tasks.
Respondent’s failure to provide initial training to its employees on emergency operations before 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.
Process Hazard Analysis
At the time of the inspection, the Respondent had 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 Respondent’s failure to establish a system to address team findings and failure 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(1) is a violation.
Management System
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.
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.
Defining Offsite Impacts
During the inspection, the Respondent failed to list its environmental receptors in its RMP program. The Respondent’s failure to document its RMP environmental receptors required by 40 C.F.R. § 68.33(a) is a violation.
Compliance Audit
During the inspection, the Respondent failed to develop a report of the 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 2018 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 (d), is a violation.
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(b)(I) and (b)(5), is a violation.
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 a local emergency plan and response organizations prior to July 2020, as required by 40 C.F.R. § 68.93(a)is a violation.
Respondent agrees that, in settlement of the claims alleged herein, Respondent shall pay a civil penalty of two hundred and thirty-three thousand, two hundred and sixty-four dollars ($233,264)
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