Respondent is the owner and/or operator of operates a pulp bleaching mill. Respondent has registered an RMPlan with the EPA for its Facility and has developed an RMProgram accidental release prevention program for the Facility. Respondent has on-site 19,022 pounds of chlorine dioxide in one RMProgram level 3 covered process, which stores or otherwise uses chlorine dioxide in an amount exceeding its applicable threshold of 1,000 pounds.
On August 13, 2019, the EPA conducted an on-site inspection of the RMProgram related records and equipment for the purpose of assessing the Respondent’s compliance with the RMProgram requirements and the implemented recognized and generally accepted good engineering practices (RAGAGEP) for its covered process at its Facility.
- At the time of the inspection, during the field walk-down, discrepancies were found with a piping and instrument diagram (P&ID); outlet piping from the chlorine dioxide storage tank had multiple extra bleeder valves after valve V56- 0446 that were not denoted on the associated P&ID.
- At the time of the inspection, the Facility did not demonstrate that the written operating procedures addressed precautions necessary to prevent exposure, including engineering controls, administrative controls, and personal protective equipment.
1) At the time of the inspection, while in the processing area near the chlorine dioxide storage tank, the chlorine dioxide alarm sounded. The EPA inspector was informed it was typical for the alarm to sound during sampling.
2) During the sampling process, the sampler was observed wearing safety glasses, hearing protection, gloves, and a hard hat. The sampler was not wearing extra respiratory protection for an increased levels of exposure. The standard operating procedure (SOP) for sampling states, “required PPE that includes: gloves, hard hat, safety glasses, ear plugs, steel toe footwear, ClO2 monitor, H2S monitor, and escape respirator. If there is not enough draft being pulled on the sample pots, a full-face respirator is required while catching generator solution or ClO2 analyzer samples.”
i. The SOP called for a full face respirator to be used during sampling if there is not enough draft on the sample pots, but this procedure was not being implemented at the time of the inspection because the sampler was observed without a full face respirator while there was not enough draft on the sample pots, as evident by the chlorine dioxide alarm.
c. At the time of the inspection, the printed version of the operating procedure available for employees to use was revision 4, dated 8/7/2015. The facility had updated the operating procedures on September 13, 2018, and called the 2018 operating procedures Version 5. Version 5 of the operating procedures was not the printed version of the operating procedures available to employees on the date of the EPA 2019 inspection.
ALLEGED VIOLATIONS
Based on EPA’s compliance monitoring investigation, the EPA alleges that the Respondent violated 40 C.F.R. Part 68, the codified rules governing the Act’s Chemical Accident Prevention Provisions and Section 112(r) of the Act, 42 U.S.C. § 7412(r), when it:
- Failed to compile written process safety information for the equipment in the process which includes a P&ID as required by 40 C.F.R. § 68.65(d)(1)(ii);
- Failed to implement, in the written operating procedures, precautions necessary to prevent exposure, including engineering controls, administrative controls, and personal protective equipment as required by 40 C.F.R. § 68.69(a)(3)(ii); and
- Failed to make the operating procedures readily accessible to employees who work in or maintain a process as required by 40 C.F.R. § 68.69(b).
TERMS OF PAYMENT
Respondent consents to the payment of a civil penalty, which was calculated in accordance with the Act, in the amount of $32,844 which is to be paid within thirty (30) calendar days of the Effective Date of this CAFO.
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