Respondent owns and operates a metal parts heat treatment operation and maintains a maximum inventory of 60,000 pounds of anhydrous ammonia, at the Facility, which exceeds the threshold quantity of 10,000 pounds. Respondent uses anhydrous ammonia in its heat treatment process.
EPA inspectors completed an announced CAA 112(r) inspection on June 15 through June 16, 2022 (June 2022 Inspection). Respondent provided records during and after the June 2022 Inspection relating to its implementation of the CAPP, including the Facility’s RMP involving the management system, process safety information, the Process Hazard Analysis (PHA), operating procedures, training, mechanical integrity, management of change, pre-startup safety review, compliance audits, hot work permits, employee participation, and contractors.
Respondent’s RMP was due on July 24, 2020, five years after the RMP was previously submitted on July 24, 2015. The Facility did not submit its RMP until June 20, 2022, 696 days late. On January 23, 2023, EPA issued a Finding of Violation (FOV) to Respondent.
Process Hazard Analysis (Count 1)
Respondent failed to include in its PHA an evaluation of the potential failures of engineering and administrative controls applicable to the hazard, specifically the potential failure of the anhydrous-ammonia sensor, as the Facility had only one anhydrous ammonia sensor at the time of the June 2022 Inspection.
Respondent’s PHA failed to evaluate stationary source siting.
Respondent’s failure to address engineering and administrative controls applicable to the hazards and to evaluate stationary source siting in the PHA is a violation of 40 C.F.R. §§ 68.67(c)(3) and (5).
Mechanical Integrity (Count 2)
Respondent failed to periodically inspect the Facility pipes that are a part of the covered process in a way that follows recognized and generally accepted good engineering practice.
Respondent’s failure to periodically inspect the Facility pipes is a violation of 40 C.F.R. §§ 68.73(d)(1)-(3).
Risk Management Plan (Count 3)
Respondent failed to submit an updated RMP five years after its previously submitted RMP, that was due on July 24, 2020.
Respondent’s failure to submit an updated RMP five years after its previously submitted RMP is a violation of 40 C.F.R. §§ 68.190(a) and (b)(1).
Civil Penalty
Based on analysis of the factors specified in Section 113(e) of the CAA, the facts of this case, cooperation, a prompt return to compliance, and agreement to perform a supplemental environmental project, the Complainant has determined that an appropriate civil penalty to settle this action is $12,300.
Respondent shall complete three (3) SEPs, consisting of the projects below:
SEP #1: Installation of Ammonia and Oxygen Sensors
SEP # 1 consists of Respondent installing six (6) permanent ammonia sensors and three (3) permanent oxygen sensors: two (2) ammonia sensors and one (1) oxygen sensor will be located around and proximate to the main ammonia tank, based on prevailing wind direction, and the other four
(4) ammonia sensors and two (2) oxygen sensors will be located throughout the Facility. Each sensor will have text and email notification capabilities set to alert following the detection of ammonia or oxygen. The installation of these additional sensors will enhance the Facility’s ability to detect ammonia and nitrogen leaks.
Respondent agrees to spend at least $34,000 on implementing SEP #1.
Respondent must continuously use and operate the equipment installed in SEP #1 for five (5) years following its installation.
SEP #2: Installation of 5MP IP Turret Dome Cameras
SEP #2 consists of the Respondent installing fifteen (15) 5MP IP turret dome cameras that can be remotely accessed to provide visuals of each of the furnace control panels, which will enhance the Facility’s ability to complete daily monitoring of the ammonia process line and provide emergency-response personnel with remote visual access during emergency situations.
Respondent agrees to spend at least $17,000 on implementing SEP #2.
Respondent must continuously use and operate the equipment installed in SEP #2 for five (5) years following its installation.
SEP #3: Purchase and Use of Infrared (IR) Camera
SEP #3 consists of Respondent purchasing and using an IR camera, with the ability to sense thermal differences and increase the Facility’s capabilities of detecting ammonia and nitrogen leaks, to be used during routine mechanical integrity inspections and proactive leak monitoring throughout the Facility.
Respondent agrees to spend at least $7,500 on implementing SEP #3.
Respondent must continuously use and operate the equipment purchased in SEP #3 for five (5) years following the date Respondent receives the equipment.
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