Respondent owns and operates a facility in Houston, Texas. The Facility processes, handles, and/or stores regulated substances and other extremely hazardous substances, including ethylene and ethylene oxide. The Facility has a number of laboratory and pilot plant processes, including a Reversible Acid Pretreatment Pilot Plant (RAPT PP) and an Ethylene Oxide Pilot Plant (EOPP). On February 15, 2016, Respondent attached the RAPT PP to the emergency flare gas (EFG) header, a waste gas collection system. Respondent previously conducted a purge activity of vessels in the RAPT PP in preparation for commissioning and had left two bleeder valves open on that pilot process. These valves were not closed prior to connecting the RAPT PP to the EFG.
NOTE: this is another situation where a “car-seal” program may have prevented an accident.
After Respondent connected the RAPT PP to the EFG, waste gases and nitrogen sweep gas were allowed to back flow from the EOPP to the RAPTPP by way of the EFG. As a result of the connection to the EFG while the RAPT PP bleeder valves were open, these waste gases from the EOPP and nitrogen sweep gas were released into ambient air, including 215 pounds of ethylene and 34 pounds of ethylene oxide.
VIOLATIONS
Connecting the RAPT PP to the EFG while the RAPT PP bleeder valves were open violated the requirement of CAA § 112(r)(1) for owners and operators of stationary sources to design and maintain a safe facility, taking such steps as are necessary to prevent releases.
Under Sections §§ 113(a)(3) and 113(d)(l)(B) of the CAA, 42 U.S.C. §§ 7413(a)(3) & 7413(d)(l)(B), whenever the Administrator finds that any person has violated or is violating a requirement of the CAA including, but not limited to, a requirement or prohibition of any rule promulgated under the CAA, other than those requirements specified in Sections 113(a)(1), 113(a)(2) or 113(d)(l)(A) of the CAA, 42 U.S.C. § 7413(a)(l), 7413(a)(2), or 7413(d)(l)(A), the Administrator may issue an order assessing a civil administrative penalty.
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 $36,000 is an appropriate penalty to resolve this matter.
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