Respondent owns a Utilities Plant that maintains the support of steam, refrigeration, compressed air, cooling and process water; wastewater treatment, electricity, and natural gas for a chemical manufacturing complex. The Utilities Plant includes methanol storage and ammonia storage tank operations and distribution systems. Respondent produces, processes, stores, or handles up to a maximum of 51,180,000 pounds of ammonia (anhydrous) at the Facility. Ammonia (anhydrous) is identified at 40 C.F .R. Part 68.130 as a toxic regulated substance with a threshold quantity of 10,000 pounds. On Tuesday, June 16, 2015, the Utilities Plant experienced a high level alarm for the ammonia vapor return line at its ammonia field trap. Utilities Operations staff began responding to the high level alarm by transferring an oil and ammonia mixture from the field trap into totes. The scrubber system was also employed to capture ammonia vapors from the totes. Respondent reported the release of 387 pounds of anhydrous ammonia from the Utilities Plant to the surrounding ambient air. Respondent identified after the incident that excess ammonia liquid accumulated in the field trap, in part, because of limited pump capacity for the ammonia field trap. The associated pump was undersized for the unanticipated upset condition that occurred.
Pursuant to section 112(r)(1) of the CAA, an owner/operator of a stationary source producing, processing, handling or storing substances listed pursuant to section 112(r)(3) of the CAA, 42 U.S.C. § 7412(r)(3), or any other extremely hazardous substance, has a general duty to:
(1) identify hazards which may result from accidental releases of such substances using appropriate hazard assessment techniques;
(2) design and maintain a safe facility, taking such steps as are necessary to prevent releases; and
(3) minimize the consequences of accidental releases that do occur.
The release of anhydrous ammonia at the Facility on June 16, 2015, constituted an “accidental release” as that term is defined by section 112(r)(2)(A) of the
CAA. Respondent potentially failed to design and maintain the ammonia field trap system and did not take such necessary steps to prevent an accidental release by having an inadequate pump associated with the ammonia field trap at the Utilities Plant contributing, in part, to the release of anhydrous ammonia on June 16, 2015.
Respondent’s failure constitutes a violation of the general duty clause in section 112(r)(1) of the CAA.
A. CIVIL PENALTY
Pursuant to the authority granted in sections 113(a)(3) and 113(d)(1)(B) of the CAA, and taking into consideration the size of the Respondent’s business, the economic impact of the penalty on the Respondent’s business, the 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 (if any), the economic benefit of noncompliance, and the seriousness of the violation, as well as other factors which justice may require, EPA and Respondent agree that an appropriate penalty to settle this matter is $37,500.
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