I usually do not post the smaller settlement agreements, but this one caught my eye. The inspection was done in 2015 and this was settled this year; the agreement is dated April 28, 2017. This case caught my eye because it was the same plant that had the NH3 Explosion (at least according to the local fire chief who responded and media accounts) on July 7, 2017. We still do not have an official cause or at least I have not heard of the official cause that led to the leak and how the explosion came about. But items 5, 6, and 7 were related to MI of the process and one wonder’s if EPA its self in their proverbial butt now that there has been an explosion at the facility?
On July 28, 2015, an authorized EPA representative conducted a compliance inspection to determine its compliance with the Risk Management Plan (“RMP”) regulations set forth at 40 C.F.R. Part 68. Based on the July 28, 2015 inspection and documents submitted by Respondent, EPA has determined that Respondent violated the following regulations:
- 40 C.F.R. § 68.15(c) Respondent failed to document names and positions and define lines of authority of other persons assigned responsibility for implementing individual requirements of the risk management program elements.
- 40 C.F.R. § 68.25(b)(l) Respondent failed to analyze and report a worst-case release quantity that is the greatest amount held in a single vessel, taking into account administrative controls that limit the maximum quantity.
- 40 C.F.R. § 68.67(e) Respondent failed to establish a system to promptly address the Process Hazard Analysis team’s findings and recommendations; assure that the recommendations are resolved in a timely manner and that the resolution is documented; document what actions are to be taken; and complete actions as soon as possible.
- 40 C.F.R. § 68.7l(a) Respondent failed to train employees involved in operating a process and employees before being involved in operating a newly assigned process in an overview of the process and in the operating procedures.
- 40 C.F.R. § 68.73(c) Respondent failed to train or cause to be trained each employee involved in maintaining the on-going mechanical integrity of the process. To ensure that the employee can perform the job tasks in a safe manner, each such employee shall be trained in the hazards of the process, in how to avoid or correct unsafe conditions, and in the procedures applicable to the employee’s job tasks.
- 40 C.F.R. § 68.73(d)(3) Respondent failed to complete inspections and tests on process equipment that is consistent with applicable manufacturers’ recommendations and good engineering practices or more frequently if determined to be necessary by prior operating experience.
- 40 C.F.R. § 68.73(e) Respondent failed to correct deficiencies in equipment that are outside acceptable limits before further use or in a safe and timely manner when necessary means are taken to assure safe operation.
- 40 C.F.R. § 68.8l(d)(l) Respondent failed to prepare a report at the conclusion of an accident investigation which includes the date of the incident.
- 40 C.F.R. § 68.81(d)(2) Respondent failed to prepare a report at the conclusion of an accident investigation which includes the date the investigation began.
- 40 C.F.R. § 68.Sl(e) Respondent failed to establish a system to promptly address and resolve the incident report findings and recommendations.
- 40 C.F.R. § 68.195(b) Respondent failed to update emergency contact information in the Risk Management Plan within one month of any change in the emergency contact information.
SETTLEMENT
In consideration of Respondent’s full compliance history, its good faith efforts to comply, other factors as justice may require, and upon consideration of the entire record, the parties enter into this ESA in order to resolve any civil penalties for these alleged violations for the total penalty amount of $5,820.
CLICK HERE for the Expedited Settlement Agreement