One of the things I find extremely unfair with EPA citations is that they are based on “revenue” of the business, as well as other factors. I like it when it is applied to a “for-profit” business, but it is disproportionately UNFAIR when it is applied to a public utility like a water treatment plant. Case in point, this WTP was NOT practicing process safety and even falsified their RMP (my words – not EPA’s) and 16 significant findings, the penalty was only $8,040. Had this inspection taken place at a “for profit” business these findings would have been easily $50K and quite possibly in the $100K’s. The risks to the community are the same!
EPA has determined that Respondent violated the Risk Management Program (RMP) regulations promulgated at 40 C.F.R. Part 68 under Section 112(r) of the Clean Air Act (CAA), as noted on the enclosed Risk Management Plan Inspection Findings and Alleged Violations Summary (“Summary”), which is hereby incorporated by reference.
PROCESS/NAICS CODE: 22131 PROGRAM
LEVEL: 3
REGULATED SUBSTANCE: chlorine
MAX. QUANTITY IN PROCESS (lbs.): 8,000
DESCRIPTION OF ALLEGED VIOLATIONS
Four EPA representatives inspected the Water Treatment Plant on September 11, 2017. Based upon this inspection, the Water Treatment Plant (WTP) is in violation of the following risk management program elements:
- Management: The WTP has not developed a management system to oversee the implementation of the risk management program elements as required by 40 C.F.R. § 68.1 5(a). During the inspection, the WTP was unable to produce documents identifying the qualified person who has the overall responsibility and individuals assigned in developing and implementing the RMP elements.
- Hazard assessment: The WTP has not retained the data used to estimate population and environmental receptors potentially affected as required by 40 C.F.R. § 68.39(e). The WTP was unable to provide documentation on the worst case scenario and alternative release scenario as reported in the RMP dated October 21, 2014.
- Hazard assessment: The WTP did not use the greatest amount held in a single vessel in determining the worst-case release quantity as required by 40 C.F.R. § 68.25(b)(1). The WTP RMP dated October 21, 2014, reported an amount of 8,000 pounds of chlorine for the worst-case release quantity. The release quantity determined is the maximum intended inventory. The largest amount in a single vessel is the one-ton container.
- Process Safety Information: The WTP process safety information does not contain information pertaining to the materials of construction of equipment in the process as required by 40 C.F.R. § 68.65(d)(1)(i). On September 29, 2017, the WTP provided the “XXXXXX WTP O&M – Chlorination” to identify materials in the chlorination process. On page 27-28 of the O&M, the PVC is only identified the material of construction for piping. The WTP did not identify the materials of construction for other process equipment such as the cylinders, gauges, valves, regulators, flexible connectors, injectors, and chlorinators.
- Process Safety Information: The WTP process safety information does not contain information pertaining to the ventilation system design in the process as required by 40 C.F.R. § 68.65(d)(1)(v). On September 29, 2017, the WTP references a document titled “XXXXXXX WTP HVAC -1985” for the two chlorine storage areas that include drawings with information on the air turnover rate and static pressure design points. The document was not provided in the e-mail.
- Process Safety Information: The WTP process safety information does not contain information pertaining to the design codes and standards employed for equipment in the process as required by 40 C.F .R. § 68.65(d)(1)(vi). On September 29, 2017, the WTP provided the “Chlorine Handling Manual” that addresses the design codes and standards for process equipment such as containers and piping. The WTP was unable to provide the design codes and standards for the chlorine feed room and storage room.
- Process Hazard Analysis: The PHA has not been updated and revalidated by a team every five years after the completion of the initial PHA to assure that the PHA is consistent with the current process as required by 40 C.F.R. § 68.67(f). On September 29, 2017, the WTP provided the 2014 PHA included in Chapter 3 of the “Process Safety Management of Highly Hazardous Chemicals” document. The WTP RMP dated October 21, 2014, reported a PHA date of September 24, 2014. The WTP was unable to provide PHAs that were completed prior to 2014.
- Process Hazard Analysis: The owner or operator has not retained PHAs and updates or revalidations for each process covered, as well as the resolution of recommendations for the life of the process as required by 40 C.F.R. § 68.67(9). On September 29, 2017, the WTP provided the 2014 PHA included in Chapter 3 of the “Process Safety Management of Highly Hazardous Chemicals” document. The 2014 PHA did not document the resolution of recommendations. The WTP was unable to provide PHAs that were completed prior to 2014.
- Operating Procedures: The WTP has not certified annually that the operating procedures are current and accurate and that procedures have been reviewed as often as necessary as required by 40 C.F.R. § 68.69(c). On September 29, 2017, the WTP provided operating procedures referenced in the WTP O&M – Chlorination, pgs. 7-30 to 7-43 and in Chapter 4 of the “2014 Process Safety Management of Highly Hazardous Chemicals”. The operating procedures are not dated.
- Compliance Audits: The WTP has not certified that the stationary source has evaluated compliance with the provisions of the prevention program at least every three years to verify that the developed procedures and practices are adequate and being followed as required by 40 C.F.R. § 68.79(a). During the inspection and on September 29. 2017, the WTP was unable to produce a completed compliance audit report. The WTP RMP dated October 21, 2014, reported a compliance audit date of September 7, 2014.
- Employee Participation: The WTP has not developed a written plan of action regarding the implementation of the employee participation required by this section as required by 40 C.F.R. § 68.83(a). The WTP was unable to produce the written plan during the inspection. The WTP RMP dated October 21, 2014, reported a written plan review or revision date of September 7, 2014.
- Contractors: The WTP has not obtained and evaluated information regarding the contract owner or operator’s safety performance and programs when selecting a contractor as required by 40 C.F.R. § 68.87(b)(1). During the inspection, the WTP was unable to produce the documentation on the evaluation of contractor safety performance in selecting a contractor. On September 29, 2017, the WTP provided the Policy for Outside Contractors procedure given in Chapter 6 of the “Process Safety Management of Highly Hazardous Chemicals” document. XXXXXXXXXX is the contractor identified in the procedure who regularly works on the
chlorine system. - Contractors: the WTP has not informed contract owner or operator of the known potential fire, explosion, or toxic release hazards related to the contractor’s work and the process as required by 40 C.F.R. § 68.87(b)(2). The WTP was unable to produce the documentation on informing XXXXXXXXX of the known potential fire, explosion, or toxic release hazards related to the contractor’s work and the process.
- Contractors: The WTP has not explained to the contract owner or operator the applicable provisions of the emergency response or the emergency action program as required by 40 C.F.R. § 68.87(b)(3). The WTP was unable to produce the documentation on explaining to XXXXXXXXX of the provisions in their emergency action plan.
- Contractors: The WTP has not periodically evaluated the performance of the contract owner or operator in fulfilling their obligations as required by 40 C.F.R. § 68.87(b)(5). The WTP was unable to produce the documentation that they are periodically evaluating the performance of XXXXXXXXXX.
- Risk Management Plan: the WTP has not corrected the emergency contact information required at 68.160(b)(6) within thirty days of the change as required by 40 C.F.R. § 68.195(b). The WTP RMP dated October 21, 2014, identifies Mr. XXXXX XXXXXXX as the emergency contact. Mr. XXXXXXXX retired and left the plant in April 2017.
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