Respondent owns and operates a refinery which produces, processes, handles, or stores, over the threshold amount, hydrogen, methane, ethane, ethylene, propane, propylene, butane, iso-butane, pentane, pentene, and iso-pentane. All are listed at 40 C.F.R. § 68.130 as regulated substances based on their flammability. At the Facility, the Respondent also produces, processes, handles, or stores, over the threshold amount, hydrofluoric acid, which is listed at 40 C.F .R. § 68.130 as a regulated substance based on its toxicity. 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. On March 25-28, 2013, EPA conducted an on-site CAA 112(r) and 40 C.F.R. Part 68 inspection at the Facility.
Respondent submitted a Risk Management Plan on March 14, 2006. The Facility’s next plan was submitted on October 29, 2012. This later plan was in effect at the time of the inspection. Based on the on-site inspection, EPA identified five areas of concern, including:
- an inaccurate five-year accident history,
- operating procedures that were not annually certified,
- a required RMP audit that was more than three years apart,
- risk management plan that was submitted more than five years apart, and
- the offsite consequence analyses were reviewed and updated more than five years apart.
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