On February 5, 2015, EPA conducted a compliance inspection of Respondent’s facility to determine compliance with the Risk Management Plan (RMP) regulations promulgated at 40 C.F.R. part 68 under section 112(r)(7) of the Act. The EPA found that Respondent had violated regulations implementing section 112(r)(7) of the Act by failing to comply with the specific requirements outlined in the attached RMP Program Level 3 Process Checklist-Alleged Violations & Penalty Assessment (Checklist and Penalty Assessment). The Checklist and Penalty Assessment is incorporated into this ESA. In consideration of the factors contained in section 113(d)(l) of the Act and the entire record, the parties enter into this ESA in order to settle the violations for the total penalty amount of $4,800. Here is a breakdown of the citations:
SUBPART D: PREVENTION PROGRAM [40 CFR 68.65 – 68.87]
Prevention Program – Safety Information [68.65]
Has the owner or operator documented that equipment complies with recognized and generally accepted good engineering practices? [68.65(d)(2)]; PENALTY= $1500
- The exterior exit from the machinery room can only be accessed by first going through another door into a smaller separate room.
Neither the door into the smaller room nor the exterior exit is equipped with panic type hardware. IIAR Standard 2-2008 (with Addendum B) Equipment, Design, and Installation of Closed-Circuit Ammonia Mechanical Refrigerating Systems section 13.1.10 states:
“The refrigerating machinery room shall have a door that opens directly to the outside air or through a vestibule equipped with self-closing, tight-fitting doors equipped with panic-type hardware.” (13.1.10.3)
It also states that
“Each refrigerating machinery room shall have a tight-fitting door or doors opening outward, self-closing if they open into the building.” (13.1.10.1)
- The main shut-off valve (king valve) was not in compliance with recognized and generally accepted good engineering practices.
The king valve was not identified with a prominent sign. IIAR Bulletin 109 Minimum Safety Criteria for a Safe Ammonia Refrigeration System section 4.10.3 states:
“The main shut-off valve(s) (king valve(s)) … of the ammonia system should be readily accessible and identified with a prominent sign having letters sufficiently large to be easily read.”
The ammonia piping was not in compliance with recognized and generally accepted good engineering practices. The insulated piping on the roof had labels that were missing or illegible. IIAR Standard 2-2008 section 10.6 states:
“All piping mains, headers and branches shall be identified as to the physical state of the refrigerant (that is, vapor, liquid, etc.), the relative pressure level of the refrigerant and the direction of flow. The identification system used shall either be one established as a standard by a recognized code or standards body or one described and documented by the facility owner.”
Prevention Program – Mechanical Integrity [68.73)
Has the owner or operator performed inspections and tests on process equipment? [68.73(d)(1)]; PENALTY= $1500
Periodic inspections of shut-off valves were not performed. IIAR Bulletin 110 (Revised 3/02) Guidelines for: Start-up, Inspection and Maintenance of Ammonia Mechanical Refrigerating Systems section 6.6.1 states:
“Every six months, for valves with exposed stems, the condition of the stem and the gland seal should be inspected and the stem cleaned and regreased.”
Section 6.6.1 also states
“Externally inspect valves annually,” and “Test all shut-off valves for function every five years.”
Has the owner or operator documented each inspection and test that had been performed on process equipment, which identifies the date of the inspection or test, the name of the person who performed the inspection or test, the serial number or other identifier of the equipment on which the inspection or test was performed, a description of the inspection or test performed, and the results of the inspection or test? [68.73(d)(4)]; PENALTY= $900
- The documentation for the 2012, 2013 and 2014 inspections of the pressure vessels did not include the serial number or other identifier of the vessels.
- The documentation for the 2012 and 2013 inspections of the refrigeration system piping did not include the serial number or other identifier of the piping.
Has the owner or operator corrected deficiencies in equipment that were outside acceptable limits defined by the process safety information before further use or in a safe and timely manner when necessary means were taken to assure safe operation? [68.73(e)]; PENALTY= $900
- Surface corrosion of the inlet and outlet ammonia piping on condensers EC-1 and EC-2 was observed during the inspection.
- This piping corrosion was also noted in the December 29, 2014 Mechanical Integrity Audit performed by Roser with the recommendation to clean and re-surface these lines with appropriate weather resistive material. In the response to this recommendation dated March 2, 2015 XXX stated: “All exposed piping on Condensers EC-1 and EC-2 has been re-painted with rust-inhibitive Paint.” The photos XXX submitted confirming this action shows sections of the piping have not been adequately re-painted. IIAR Bulletin 109 Minimum Safety Criteria for a Safe Ammonia Refrigeration System section 4. 7 states
“Uninsulated refrigerant piping should be examined for signs of corrosion. If corrosion exists, the pipe should be cleaned down to bare metal and painted with a rust preventive paint. Badly corroded pipe should be replaced.” (4.7.4)
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