Respondent owned and operated a chemical manufacturing facility that produces anhydrous ammonia at a quantity of approximately 1,500 tons per day. The produced ammonia is used on site for the production of granulated fertilizers. 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. Based on the quantity of regulated substances present at the facility, the facility’s NAICS code, and an evaluation of off-site receptors, the covered processes at Respondent’s facility are subject to Program 3 of the RMP regulations, 40 C.P.R.§§ 68.65-87. On November 5, 2015, Respondent reported a release of 5,995 pounds of anhydrous ammonia to the National Response Center, the XXXXXX Parish EOC, and the Louisiana State Police. The release occurred during an emergency shutdown process of a section of the ammonia plant during a plant upset caused by the mechanical failure of an upstream pump. Delay in initiating written emergency shutdown procedures caused the pressure to increase in the 116-P refrigeration vessel, which vented ammonia into the atmosphere through a pressure relief valve.
The release occurred when tubing on the impulse line to the syngas compressor discharge flowmeter (FI-22)transmitter failed. Respondent had not developed and implemented adequate procedures to maintain the ongoing integrity of impulse line.
VIOLATIONS
Respondent’s failure to timely implement its operating procedures during emergency shutdown, causing the release, constitutes a violation of 40 C.P.R. § 68.69(a).
Respondent’s failure to establish and implement procedures to maintain the ongoing integrity of process equipment, causing the Release, constitutes a violation of 40 C.F.R.§ 68.73(b).
CIVIL PENALTY AND TERMS OF SETTLEMENT
For the reasons set forth above, Respondent has agreed to pay a civil penalty which has been determined in accordance with Section 113(b)(2) of the Act, 42 U.S.C. § 7413(b)(2).
Upon consideration of the entire record herein and upon consideration of the size of the business, the economic impact of the penalty on the business, the violator’s full compliance history and good faith efforts to comply, the duration of the violation, payment by the violator of penalties previously assessed for the same violation, the economic benefit of noncompliance, the seriousness of the violation, specific facts and equities, litigation risks, and other factors as justice may require, the parties agree that seventy thousand dollars ($70,000) is an appropriate penalty to resolve this matter.