Respondent has a chemical manufacturing process at the Facility, meeting the definition of “process”, as defined by 40 C.F.R. § 68.3. The Facility experienced an accidental release of phosgene on December 4, 2023. Phosgene is a substance listed pursuant to Section 112(r)(3) of the CAA in 40 C.F.R. § 68.130. From the time Respondent first produced, processed, handled, or stored EHS/listed substance at the Facility, Respondent was subject to the requirements of the General Duty Clause in Section 112(r)(1) of the CAA, 42 U.S.C. § 7412(r)(1).
Phosgene is a “regulated substance” pursuant to Section 112(r)(2)(B) of the CAA and the regulation at 40 C.F.R. § 68.3. The threshold quantity for phosgene, as listed in 40 C.F.R. § 68.130, is 500 pounds. Respondent has greater than a threshold quantity of phosgene in a process at the Facility, meeting the definition of “covered process” as defined by 40 C.F.R. § 68.3.
Based upon the information gathered during the Inspection, EPA determined that the respondent violated certain provisions of the CAA.
ALLEGED VIOLATIONS
On December 4, 2023, the cold vents vaporizer (in Area A) pressure relief disc ruptured. When it ruptured, the pressure relief device header, which takes emergency vents from the cold vents unit to the emergency caustic scrubber, failed. This allowed phosgene to be released to the atmosphere. The event continued for approximately two (2) hours until the facility staff and local authorities called an “all-clear” ending the response event. Additionally, when the pressure relief device ruptured, it caused a section of piping to experience integrity failure which ultimately led to the release of phosgene. This failure allowed a portion of the phosgene to vent to the atmosphere. Inspections from 2021 and 2022 indicated this portion of piping had multiple discrepancies in the integrity of the piping which were not corrected in a timely manner, leading to the rupture event.
Respondent’s failure to prevent the accidental release of phosgene is a violation of the General Duty Clause, pursuant to Section 112(r)(1) of the CAA.
RMP 5-year Resubmission
The regulation at 40 C.F.R. § 68.190(b)(1) requires the owner or operator of a stationary source to revise and update the RMP submitted under § 68.150 as follows: (1) At least once every five years from the date of its initial submission or most recent update required by paragraphs (b)(2) through (b)(1) of this section, whichever is later. For purposes of determining the date of initial submissions, RMPs submitted before June 21, 1999, are considered to have been submitted on that date.
Respondent failed to update their RMP by the 5-year resubmission date. Respondent had previously submitted their RMP on October 17, 2019, with resubmission due by October 17, 2024. As of December 2024, Respondent had not yet resubmitted their RMP.
Respondent’s failure to update their RMP by the 5-year resubmission date is a violation of 40 C.F.R. § 68.190(b)(1).
Equipment Inspections and Tests
Respondent failed to adequately address necessary repairs to the piping segment connecting the vessel to the vent scrubber based on inspections conducted in 2021 and 2022 which identified integrity issues in this section of fiberglass piping. Respondent received inconclusive inspection results indicating degradation. Respondent failed to evaluate alternate inspection protocols and perform follow-up inspections or corrective actions. This failure to address deficiencies resulted in the rupture of the piping segment following a pressure relief disc release, causing phosgene to vent to the atmosphere.
Respondent’s failure to appropriately address the 2021 and 2022 inspection findings, which identified fretting and insufficient coating on the section of piping that failed, thus releasing phosgene to the atmosphere, is a violation of 40 C.F.R. § 68.73(f)(2).
Penalty
EPA has assessed a civil penalty in the amount of $75,000.00 (the “EPA Penalty”).