Respondent is the owner and operator of a chemical wholesale distributor that repackages and custom-blends chemicals. Respondent formulates two mixes, paper adhesives and lacquer thinners, for sale. Respondent currently operates lacquer thinner mixing and flammable liquid storage systems at the Facility. With regard to the lacquer thinner mixing and flammable liquid storage systems, Respondent produces, processes, handles and/or stores bulk quantities of the following extremely hazardous substances: 100 Solvent, 140 Solvent, 150 Solvent, Acetone, Butyl Acetate, Diesel, Ethyl Alcohol (ETOH), Isopropyl Alcohol (IPA), Methyl Ethyl Ketone (MEK), Methanol, Mineral Spirits, Toluol (toluene), Varnish Makers & Painters Petroleum Naphtha (VM&P), and Xylol at the Facility. Each of these substances is an “extremely hazardous substance” within the meaning of the General Duty Clause of Section 112(r)(1) of the CAA.
On April 29, 2021, a fire occurred in the Facility’s “Mixing Building,” where one of Respondent’s employees was working to produce an adhesive product in a large mixer. According to reports to the St. Louis County Hazardous Materials Team and statements to EPA, the product at that stage is extremely flammable and the employee reported that static electricity ignited the substance and the fire spread quickly, engulfing the entire building.
Three full 55-gallon drums of ignitable hazardous waste adhesive were located in the same room, caught fire, and likely contributed to the size of the overall fire. A large chemical tank containing 100 Solvent also caught fire and was destroyed. The St. Louis County Hazardous Materials Response Team responded to the fire. The intensity of the flames and a large amount of smoke and residue caused the local fire department to order road closures and evacuation of residences in this highly populated area. The evacuation applied to residences that were located within 0.5 miles of the Facility. The fire destroyed the facility’s mixing building and associated equipment.
On June 8-9, 2021, EPA inspectors conducted an inspection at the Facility. The EPA inspectors found that, among other things, the equipment in the facility was not operated to prevent electrostatic ignitions or to properly control ignition sources in the presence of flammable substances in several parts of the Facility. Examples of the lack of proper control of
ignition sources included the mixer being wired into a non-explosion proof/non-intrinsically safe wiring system that was open with exposed wiring at the time of the inspection. The EPA inspectors also observed that arc welding and cutting with oxy-acetylene torches were activities conducted in an area containing highly flammable substances.
Additionally, the EPA inspectors found that Respondent stored incompatible substances in close proximity to one another in the Facility’s garage. The incompatible materials included sulfuric acid 66, phosphoric acid 85, muriatic acid 20, borax decahydrate, and synthetic camphor powder, which, when mixed together, accidentally, or otherwise, may cause violent reactions, including heat generation, source of ignition, and toxic gas generation.
Respondent told the EPA inspectors it had not conducted a review of the hazards at the Facility. Specifically, Respondent had not evaluated or prepared fire prevention, fire control and emergency action plans.
The EPA inspection also revealed that Respondent had not conducted tank integrity inspections of its steel bulk storage tanks at the Facility. Some tanks had been observed as leaking and removed from service. Vegetation and flammable material had been allowed to collect near the tanks. The paint on the exterior of many of the tanks had deteriorated sufficiently
to allow corrosion, which reduces tank wall thickness.
Generally accepted engineering practices that apply to Respondent’s Facility include, but are not limited to, the following:
a. National Fire Protection Association (NFPA) Code 30, Flammable and Combustible Liquids Code, section 6.4.1 states, “operations involving ignitable (flammable or combustible) liquids shall be reviewed to ensure that fire and explosion hazards are addressed by fire prevention, fire control, and emergency action plans, except as provided in 6.4.1.1.”
b. NFPA Code 30, section 4.5.3.4 states, “All equipment such as tanks, machinery, and piping shall be designed and operated to prevent electrostatic ignitions. All metallic equipment where an ignitable mixture could be present shall be bonded or grounded. The bond or ground or both shall be physically applied or shall be inherently present by the nature of the installation. Any electrically isolated section of metallic piping or equipment shall be bonded or grounded to prevent hazardous accumulation of static electricity. All nonmetallic equipment and piping where an ignitable mixture could be present shall be given special consideration.”
c. NFPA Code 30, section 6.5 Control of Ignition Sources states, “precautions shall be taken to prevent the ignition of flammable vapors by sources such as the following: open flames, lightning, hot surfaces, radiant heat, smoking, cutting and welding, spontaneous ignition, frictional heat or sparks, static electricity, electrical sparks, stray currents, ovens furnaces and heating equipment.”
d. NFPA Code 30, section 21.8 Inspection and Maintenance of Storage Tanks and Storage Tank Appurtenances, requires that each tank constructed of steel be inspected and maintained per API [American Petroleum Institute] Standard 653 Tank Inspections, Repairs, Alterations, and Reconstructions, or STI [Steel Tank Institute] SP001, Standard for the Inspection of Aboveground Storage Tanks.
e. NFPA Code 30, section 6.9.2 Inspection and Maintenance states that maintenance and operating practices shall be established and implemented to prevent and control leakage and spillage of ignitable (flammable or combustible) liquids.
f. NFPA Code 30, section 6.9.4 Inspection and Maintenance states that ground areas around where liquids are stored, handled or used shall be kept free of weeds trash or other unnecessary combustible materials.
During the June 8-9, 2021 inspection, the EPA inspector issued a Notice of Preliminary Findings, noting failure to design and maintain a safe facility by not identifying intrinsically safe areas, having no electrical classification documentation, and not controlling ignition sources, as required by Section 112(r)(1) of the CAA.
To date, Respondent has failed to design and maintain a safe facility as it produces, processes, handles, and/or stores flammable chemicals that may result in flammable, or explosive conditions.
FINDINGS OF VIOLATIONS
Based on the information available to EPA, EPA has determined that Respondent failed to comply with its general duty, pursuant to Section 112(r)(1) of the CAA,by failing to identify hazards that may result from releases using appropriate hazard assessment techniques, and failing to design and maintain a safe facility, taking such steps as are necessary to prevent releases; and that such failures are violations of Section 112(r)(1) of the CAA.
Respondent shall take whatever actions are necessary to correct the violations cited above and comply with the requirements of Section 112(r)(1) of the CAA, in order to prevent any further accidental releases or fires and to minimize the consequences of any release or fires that do occur, including, but not limited to, completion of the following compliance actions:
a. Short-term actions. Within 10 (ten) days of the effective date of this Order, Respondent must remove all ignition sources where flammable materials are handled or stored and from areas where flammable vapors may occur. Ignition sources include but are not limited to the operation and use of non-intrinsically safe equipment, tools, and electrical service.
b. Compliance Plan. Within fifteen (15) days of the effective date of this Order, Respondent must submit a plan describing how the facility intends to comply with the obligations of CAA § 112(r)(1). The plan must specifically describe how Respondent plans to assess hazards and alter the design, maintenance, and work practices of the Facility to be safe and comply with applicable NFPA and other codes and standards, including the following:
i. how any remaining ignition sources will be removed from flammable material storage and handling areas;
ii. proper grounding as per NFPA requirements (with independent testing/verification of ground) and bonding of all storage tanks containing flammable materials as well as any equipment used in or around areas where flammable materials are stored or handled;
iii. independent testing of the mechanical integrity of the storage tanks which contain flammable or otherwise hazardous materials;
iv. how and when the facility will conduct an assessment of hazards using appropriate hazard assessment techniques; and
v. any other measures the facility is taking to prevent further accidents including immediately evaluating and addressing the areal proximity of incompatible chemicals present at the facility.
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