EPA has cited a “chemical distributor” $3,600 with RMP General Duty Clause citations using the International Fire Code as the RAGAGEP. EPA took issue with the facility’s storage of nitric acid (Chemical Abstract Services (“CAS”) Number 7697-37-2), sulfuric acid (CAS No. 7664-93-9), and hydrochloric acid (CAS No. 7647-01-0), all of which are extremely hazardous substances (EHS) pursuant to Section 112(r)(1) of the CAA. EPA found that the facility failed to satisfy the requirements of the General Duty Clause with respect to the storage and handling of its extremely hazardous substances by failing to design and maintain a safe facility in accordance with industry codes and standards (i.e. International Fire Code). Specifically, the facility failed to comply with the General Duty Clause as follows:
The facility failed to:
- Provide proper storage of incompatible hazardous substances.
- The facility did not store hazardous chemicals in a way that would prevent the hazardous effects of foreseeable inadvertent mixing of different materials. They stored acids and bases outside and adjacent to each other, with less than one-foot of separation and without any partition or secondary containment.
- Provide adequate separation distances for its extremely hazardous substances: nitric acid, sulfuric acid, and hydrochloric acid.
- More specifically, the facility stored nitric acid six feet from ammonium hydroxide; sulfuric acid next to ammonium hydroxide, hydrochloric acid, and caustic potash; and hydrochloric acid less than two feet from formic acid and caustic soda.
- Segregate incompatible materials in storage by at least 20 feet,
- isolate incompatible materials in storage by a noncombustible partition extending at least 18 inches above and to the sides of the stored material, or use hazardous material storage cabinets in accordance with the International Fire Code, Chapter 27, Paragraph 2703.9.8 (2006), or otherwise store incompatible materials consistent with applicable standards; and
- Provide training and written procedures on the chemical nature of and the hazards posed by the extremely hazardous substances and the appropriate mitigating actions necessary in the event of fire, leak, or spill for persons responsible for operation of areas in which extremely hazardous substances are stored, dispensed, handled, or used in accordance with the International Fire Code, Chapter 27, Paragraph 2703.9.1 (2006).
- The facility’s failure to provide adequate training allowed incompatible materials to be improperly stored.
On November 6, 2012, the facility submitted information to EPA regarding physical changes to its warehouse, including the installation of barriers, and changes to its storage procedures. The facility supplemented these submissions on December 5, 2012. EPA determined that facility’s physical and procedural revisions were acceptable and consistent with the International Fire Code.
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