Respondent owned and operated a chemical manufacturing facility that manufactures nitrogenous fertilizer. The facility processes natural gas to produce anhydrous ammonia. Anhydrous ammonia is the only regulated substance present at the facility and is used in the following processes or areas of the process: ammonia manufacturing, ammonia storage and loading, nitric acid (56%) manufacturing, nitdc acid (56%) storage and urea manufacturing. Respondent has fixed storage facilities to store up to 34,000,000 pounds of anhydrous ammonia. Respondent’s covered Urea Plant and associated anhydrous ammonia process is subject to the Chemical Accident Prevention Provisions requirements of Section 112(r)(7) of the CAA and is listed as one of the specific NAICS codes found at 40 C.F.R. § 68.1O(d)(1) and is subject to the OSHA PSM requirements as set forth in 29 C.F.R.§1910.119. Three areas at Respondent’s Facility are listed as covered processes subject to RMP Program 3 requirements, including:
1) anhydrous ammonia manufacture,
2) ammonia storage and load, and
3) urea processes including the loading racks.
On January 22, 2016, a release of anhydrous ammonia occurred from the facility’s Urea Plant. The subsequent review by the Respondent revealed that a pressure relief valve on the Urea Plant Recovery Separator lifted during a plant startup and failed to re-seat in a timely manner, resulting in an emergency shutdown of the plant. The valve had been compromised by hydraulic contact. The hydraulic contact resulted from a damaged block valve in the Recovery Separator level control line. After inspection of the damaged block valve it was determined that a stem in the valve had been over-torqued and damaged. An estimate of 852 pounds of anhydrous ammonia were released during the incident. No deaths, injuries, evacuations, or offsite impacts were caused by this release. The failure by Respondent to properly install, test, and maintain the block valve in the recovery separator level control line was a violation of 40 C.F.R. Part 68.
The hydraulic contact compromised the proper operation of the valve in both its premature release and failure to reseat properly. Based on information available to EPA, the Facility and the Findings of Fact set forth above, EPA has determined that Respondent failed to comply with the requirements of 40 C.F.R. Part 68.
Based on information available to EPA, the Facility and the Findings of Fact set forth above, EPA has determined that Respondent failed to comply with the requirements of 40 C.F.R. Part 68.
CIVIL PENALTY AND TERMS OF SETTLEMENT
For the reasons set forth above, Respondent has agreed to pay a civil 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 $37,500 is an appropriate penalty to resolve this matter.
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