Respondent is the owner and/or operator of the Facility, which has registered an RMPlan with the EPA for its Facility and has developed an RMProgram accidental release prevention program for the Facility. On February 26, 2019, the EPA issued to Respondent a Notice of Potential Violation (“NOPV”), providing notice that the EPA found that Respondent potentially committed the alleged violations described in Section V of this Agreement and providing Respondent an opportunity to confer with the EPA. Representatives of Respondent and the EPA held multiple meetings to discuss the NOPV. At its Facility:
a. Respondent operates chemical manufacturing processes.
b. Respondent has on-site for use and storage:
- 8,923,000 pounds of hydrofluoric acid,
- 310,000 pounds of chlorine,
- 610,000 pounds of hydrochloric acid (HCL) (con 37% or greater), and
- 810,000 pounds of vinylidene fluoride
Respondent has ten RMProgram level 3 covered processes, which store or use hydrofluoric acid, chlorine, HCL, and vinylidene fluoride in amounts exceeding their applicable thresholds of 1,000, 2,500, 15,000, and 10,000 pounds, respectively.
On March 6-8, 2018, 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.
When the inspection team compared the piping and instrument diagram (P&IDs) with the process equipment in the field, the following inaccuracies were observed:
- The EPA inspection team compared P&ID No. K-02154A-Y, revision 16, the P&ID for the anhydrous hydrogen fluoride (AHF) storage and handling process west storage tank, O-V-8004 with actual field installed equipment. The P&ID indicates blinded bleed valves upstream of the pressure safety valves (PSVs) and rupture discs PSV-8201A/PSE-8201A and PSV-8201B/PSE-8201B. However, the inspection team observed the actual bleed valves in the field were not blinded, and instead each had an assembly with two bleeder ball valves.
- The P&ID indicates the manual valve at the base of line 4″-V-01609-13B12-3 (the line that connects tank V-8004 to the equalization header) to be locked open. However, the inspection team observed that this valve was not locked open in the field.
- The P&ID indicates that five other manual bleeder valves are blinded, which the inspection team observed to not be blinded in the field, but rather to have bleeder ball valves mounted on their open ends.
The Respondent uses HSE Directive Risk Analysis as its system to promptly address and resolve the process hazard analysis (PHA) team’s findings and recommendations. For one of the recommendations generated by the Respondent’s team developing the 2015 PHA, the Respondent opened a tracking item, 262771, on June 15, 2015, and closed it on December 31, 2017, without following all of the procedures contained in its Risk Analysis Directive to resolve a recommendation.
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 documentation for the equipment in the process which includes P&ID’s as required by 40 C.F.R.
§ 68.65(d)(l)(ii); and - Failed to establish a system to promptly address the team’s findings and recommendations (of the PHA); assure that the recommendations are resolved in a timely manner and that the resolution is documented; document what actions are to be taken; complete actions as soon as possible; develop a written schedule of when these actions are to be completed; and communicate the actions to operating, maintenance and other employees whose work assignments are in the process and who may be affected by the recommendations or actions, as required by 40 C.F.R. § 68.67(e).
Respondent consents to the payment of a civil penalty, which was calculated in accordance with the Act, in the amount of$17,915, which is to be paid within thirty (30) calendar days of the Effective Date of this CAFO.
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