Facility is the state’s largest distributor of fertilizers, industrial, and agricultural chemicals. The facility manufactures sodium hypochlorite (bleach), using chlorine and sodium hydroxide as reagents. The facility also serves as a storage and distribution center for bulk and bagged industrial chemicals including anhydrous ammonia, sulfur dioxide, and sulfuric acid. The facility produced, used, or stored more than 2,500 pounds of chlorine, 5,000 pounds of sulfur dioxide, and 10,000 pounds of anhydrous ammonia. On or about January 26, 2012, EPA conducted an inspection at the facility to determine the facility’s compliance with 40 CFR Part 68. Based on information collected at the time of inspection and as supplied by Respondent, EPA alleges that Respondent has violated Section 112(r)(7) of the CAA, 40 CFR Part 68…
- Failure to establish a system to address the process hazard team ‘s findings 40 CFR § 68.67(e)
Under Section 112(r)(7) of the CAA and 40 CFR §68.67 the owner or operator of a covered stationary source shall perform an initial process hazard analysis (hazard evaluation) on processes covered by 40 CFR Part 68. A team shall perform the process hazard analysis with expertise in engineering and process operations, and 40 CFR §68.67(e) requires that the owner or operator establish a system to promptly address the team’s findings and recommendations.
At the time of the inspection, Respondent was not able to document that several deficiencies that had been noted in the Facility’s PHA had been addressed. In addition, Respondent could not produce any documentation indicating that it had developed and implemented a system as required by 40 CFR §68.67(e).
Therefore, EPA alleges that Respondent violated 40 CFR § 68.67(e).
- Failures to document, develop, and implement written operating procedures 40 CFR §68.69(a)(2)
Under Section 112(r)(7) of the CAA and 40 CFR 68.69(a)(2), the owner or operator of a covered station source must document. Develop and implement written operating procedures that address, among other things, at least the following elements: steps for each operating phase; operating limits, including consequences of deviation and steps required to correct or avoid deviation; safety and health considerations; and safety systems and their functions.
At the time of inspection the Facility’s bleach plant operating procedures did not include information pertaining to the consequences of deviation, steps required to correct or avoid deviation, or safety systems and their functions.
Therefore, EPA alleges that Respondent violated 40 CFR § 68.69(a)(2).
- Failure to implement operator’s own written procedures and document inspections and tests on process equipment 40 CFR 68.43
40 CFR 68.73 sets forth requirements to assure the mechanical integrity of certain process equipment, including monitoring devices and sensors, alarms, and interlocks. 40 CFR § 68.73(b) requires the owner or operator of a covered stationary source to establish and implement written procedures to maintain the ongoing integrity of process equipment.
40 CFR 68.73(d) requires that the owner or operator of a covered stationary source must inspect and test process equipment; the frequency of inspection and tests be consistent with applicable manufacturer’s recommendations and good engineering practices; and the owner or operator document each of those inspections and test.
Respondent failed meet the requirements of 40 CFR § 68.73(d) in that it failed to inspect its chlorine gas detector on its established six-month inspection schedule in 2012. Other mandatory inspections between 2010 and 2012 were either not performed or not properly documented.
Several of the elements of inspection documentation by 40 CFR § 68.73(d)(4) were not included in any logs of inspections. For example, the service and repair log for the chlorine gas detector did not include a description of the tests performed and the outcomes of the test
EPA alleges that respondent violated 40 CFR § 68.73(b) and (d)(4).
- Failure to include all covered processes in the RMP registration 40 CFR §68.160(b)(7)
Under 40 CFR §68.160(b)(7), the owner or operator of a covered stationary source must include each covered process and the maximum quantity of each regulated substance in the Risk Management Plan (“RMP”) registration.
At the time of inspection, Respondent’s RMP registration failed to identify its bleach manufacturing process as a covered process and failed to indicate how many pounds of chlorine were involved in the bleach manufacturing process.
Therefore, EPA alleges that Respondent failed to include all covered processes in the RMP registration in violation of 40 CFR §68.160(b)(7).
Based on the facts alleged herein and upon all the factors which the Complainant considers pursuant to the Combined Enforcement Policy for Section 112(r) of the Clean Air Act (“CEP”), dated July 2012, including the size of Respondent’s business, the economic impact of the penalty on Respondent’s business, Respondent’s full compliance history and good faith efforts to comply, the duration of the violation, payment by Respondent of penalties previously assessed for the same violation, the economic benefit of noncompliance, the seriousness of the violation, and such other factors as justice may require, the Complainant proposes that the Respondent be assessed, and Respondent agrees to pay EIGHTY-SIX THOUSAND, FIVE HUNDRED DOLLARS ($86,500) as the civil penalty for the violations alleged herein.
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