Respondent operates a facility that transports and stores anhydrous ammonia and at its stationary source, the Respondent has one RMProgram level 3 covered process, which stores or otherwise uses ammonia in an amount exceeding its applicable threshold of 10,000 pounds. On August 13, 2014, the EPA conducted an onsite inspection of the RMProgram related records and equipment for the purpose of assessing the Respondent’s compliance with the RMProgram requirements and the implemented Recognized And Generally Accepted Good Engineering Practices (RAGAGEP) for its covered process at its stationary source.
At the time of the inspection:
- some sections of ammonia piping did not have labels indicating pipe contents and directional flow. The American National Standards Institute’s, American Society Mechanical Engineer (ASME) A13.1 requires identification and direction of flow for pipes containing hazardous substances. The Respondent did not demonstrate that the piping complies with recognized and generally accepted good engineering practices in light of the ANSI standard.
- some sections of insulated ammonia piping were damaged. There were also some sections of insulation missing from the insulated piping. The Occupational Safety and Health Standards for Storing and Handling of Anhydrous Ammonia indicates at 1910.111(d)(15): refrigerated containers and pipelines which are insulated shall be covered with a material of suitable quality and thickness for the temperatures encountered. Insulation shall be suitably supported and protected against the weather. The Respondent did not demonstrate that all piping complies with recognized and generally accepted good engineering practices, in light of that standard.
- a relief valve was positioned so that it would discharge to the ground. The ANSI/Compressed Gas Association, Inc., K61.1, Safety Requirements for the Storage and Handling of Anhydrous Ammonia (5.8.2), requires the discharge from pressure relieve valves be vented away from the container, upward and unobstructed to the atmosphere. The Respondent did not demonstrate that the relief valve complies with recognized and generally accepted good engineering practices, in light of that standard.
- the Respondent’s maintenance procedures indicated that relief valves should be replaced every 5 years. At the time of the inspection, twenty-five (25) relief valves had not be replaced in over five years.
- the Respondent’s Management of Change (MOC) #2014-01 and MOC # 2013-01 records did not reflect an authorization signature prior to the change, as provided for in the Respondent’s ‘Management of Change & Pre-Startup Safety Review’ procedure.
Based on EPA’ s compliance monitoring investigation, the EPA alleges that the Respondent violated the codified rules governing the Act’s Chemical Accident Prevention Provisions, because Respondent did not adequately implement provisions of 40 C.F .R. Part 68 when it:
- Failed to document that equipment complies with recognized and generally accepted good engineering practices as required by 40 CFR § 68.65(d)(2);
- Failed to establish and implement written procedures to maintain the ongoing integrity of process equipment as required by 40 CFR § 68.73(b); and;
- Failed to assure that authorization requirements for a proposed change are addressed prior to any change as required by 40 CFR § 68.75(b)(5).
Respondent agrees to pay the civil penalty of NINETY-TWO THOUSAND FOUR HUNDRED DOLLARS ($92,400) within 30 calendar days of the Effective Date of this Agreement.
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