The Facility is a “stationary source” that processed, handled, and stored isopropyl alcohol. Isopropanol (isopropyl alcohol, CAS #67-63-0) is a highly flammable liquid and extremely hazardous substance. On or about April 13, 2017 there was a fire at the Facility resulting in an accidental release. Between May and July 2017, EPA requested and the business provided documents and information related to the Facility including:
- Standard Operating Procedures for starting the process;
- Hazard Review for the process;
- incident reports;
- training records for associated employees and operations; and
- monitoring data.
As a result of the EPA investigation of the April 13, 2017 fire, Complainant has determined that violations of the General Duty Clause, Section 112(r)(1) of the CAA occurred at the Facility.
EPA’s Allegations of Violation
Count 1
Pursuant to Section 112(r)(1) of the CAA, the owner or operator of a stationary source producing, processing, handling or storing an extremely hazardous substance has a general duty to identify hazards which may result from an accidental release using appropriate hazard assessment techniques.
The EPA investigation revealed that Respondents did not adequately identify hazards which may result from an accidental release, including failure to complete an adequate hazard assessment and failure to complete an adequate hazard review of the process and the chemicals used in the process. Specifically, Respondents did not adequately identify the hazards associated with utilizing an open flame in close proximity to a combustible liquid.
Respondents’ failure to identify hazards which may result from an accidental release is a violation of Section 112(r)(1) of the CAA.
Count 2
Pursuant to Section 112(r)(1) of the CAA, the owner or operator of a stationary source producing, processing, handling or storing an extremely hazardous substance has a general duty to design and maintain a safe facility taking such steps as are necessary to prevent releases.
The EPA investigation revealed that Respondents did not adequately design and maintain a safe facility taking such steps as are necessary to prevent releases, including failure to complete an adequate process hazard analysis and failure to update standard operating procedures to reflect a major change in the process and potential consequences of deviations and hazards of using ignition sources near flammable and combustible chemicals.
Respondents’ failure to design and maintain a safe facility taking such steps as are necessary to prevent releases is a violation of Section 112(r)(1) of the CAA
Count 3
Pursuant to Section 112(r)(1) of the CAA, the owner or operator of a stationary source producing, processing, handling or storing an extremely hazardous substance has a general duty to minimize the consequences of accidental releases which do occur.
The EPA investigation revealed that Respondents did not minimize the consequences of accidental releases which occur, including failure to take adequate mitigation steps necessary to minimize the consequences of the April 13, 2017 release, such as completing an offsite consequence analysis and utilizing fire suppression mechanisms to prevent the spread of the fire.
Respondents’ failure to minimize the consequences of an accidental release is a violation of Section 112(r)(1) of the CAA
CONSENT AGREEMENT
Respondents agree that, in settlement of the claims alleged herein, Respondents shall pay a civil penalty of Twenty-Four Thousand Dollars ($24,000) as set forth below, and shall perform a Supplemental Environmental Project (SEP) as set forth in this Consent Agreement and Final Order. The projected cost of the SEP is One Hundred Thousand Dollars ($100,000). The SEP is further described below.
Supplemental Environmental Project
Respondents shall complete the following SEP: The business has elected to enhance the local first responders’ ability to adequately respond to emergencies. Specifically, the business will utilize a vendor to purchase response equipment for the Rice County Rural Fire District No. 1. Respondents shall at a minimum, purchase the following response equipment:
(a) Enclosed portable foam trailer for structural, commercial and wildland firefighting;
(b) Totes of firefighting foam;
(c) Remote nozzles for the 6×6 fleet; and
(d) Remotely activated spray bars for the 6×6 fleet and the 4×4 fleet.
If funding allows, after purchase of the equipment above, Respondents may also purchase the following response equipment:
(a) NFPA approved wildland fire gear including fire resistant pants, shirts, coats and coveralls;
(b) NFP A approved structural fire gear including “turnout” or “bunker” coat and pant combinations;
(c) Personal protection equipment including filtered grass masks, gloves and boots specified for wildland fires, helmet lights, hand held flashlights, traffic control lights, scene lighting, and self-controlled breathing apparatus units for structural fires;
(d) Replacement pumps for the 4×4 fleet;
(e) Chain saws for the wildland fire vehicles;
(f) Nozzles, hoses and fittings for interoperability with outside mutual aid agencies and business that assist Rice County Rural Fire District No. 1 in responding to emergencies; and
(g) Training on any new response equipment listed herein as provided by a third-party vendor.
Respondents agree that the SEP shall be completed within ninety (90) days of the Effective Date of this Consent Agreement and Final Order.
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