This case is being posted, even though the citation was under $10,000 because it is a GDC case and involved improper storage of materials that would react to create an extremely hazardous substance. EPA used both NFPA 30, 2015 and the IFC, 2015; as well as NFPA 704 in their assessment. The respondent has owned and operated the chemical manufacturing facility since 2001. Respondent uses ethyl alcohol, n-chloro succinimide, phosphorus sulfochloride, thionyl chloride and zirconium tetrachloride at the facility for chemical manufacturing.
The CAA General Duty Clause applies to any stationary source producing, processing, handling, or storing substances listed pursuant to Section 112(r)(3) of the CAA, or other extremely hazardous materials. Extremely hazardous substances include, but are not limited to, regulated substances listed pursuant to Section 112(r)(3) of the CAA, at 40 C.F.R. § 68.130, and chemicals on the list of extremely hazardous substances published pursuant to the Emergency Planning and Community Right-to-Know Act at 40 C.F.R. Part 355, Appendices A and B.
On October 24, 2017, EPA inspected the Facility pursuant to Section 114 of the CAA, to determine Respondent’s compliance with Section 112(r) of the CAA.
Storing Incompatible Materials Without Adequate Separation in Shed 2
At the time of the inspection, EPA inspectors observed that, in Shed 2, Respondent stored about 65 55-gallon drums of ethyl alcohol and about 20 5-gallon containers of n-chloro succinimide less than 20 feet from one another, with no other separation such as a noncombustible partition or flammable liquids storage cabinet.
Ethyl alcohol (Chemical Abstract Service (“CAS”) No. 64-17-5) is an extremely hazardous substance. It is a flammable liquid (OSHA Class IB). At temperatures below 73 degrees Fahrenheit, it produces sufficient vapor to ignite in air, given an ignition source such as a spark or flame.
N-chloro succinimide (CAS Number 128-09-6) is an extremely hazardous substance. It is corrosive; it is also incompatible with ethyl alcohol. According to its safety data sheet (“SDS”), n-chloro succinimide reacts explosively with aliphatic alcohols. Ethyl alcohol is an aliphatic alcohol.
Applicable industry standards relevant to the safe storage of these chemicals include the National Fire Protection Association 30, Flammable and Combustible Liquids Code (2015) (“NFPA 30”) and International Fire Code (2015) (“IFC”).
During the inspection, EPA inspectors identified inconsistencies between the conditions at the Facility and the applicable industry standards for storing incompatible materials.
Subsection 9.17.1.1 of NFPA 30, Separation of incompatible Materials, states that
“Except as provided for in 9.17.3, liquids shall be separated from incompatible materials where the stored materials are in containers having a capacity of more than … ½ gal (89L).”
Subsection 9.17.1.1 further states that “Separation shall be accomplished by one of the following methods:
(1) Segregating incompatible materials storage by a distance of not less than 20 ft. (6.1 m),
(2) Isolating incompatible materials storage by a noncombustible partition extending not less than 18 in. (460 mm),
(3) Storing liquid materials in flammable liquids storage cabinets in accordance with Section 9.5.”
Section 5003.9.8 of the IFC, Separation of Incompatible Materials, states:
“Incompatible materials in storage… shall be separated when the stored materials are in containers more than 5 pounds or 0.5 gallon (2L). Separations shall be accomplished by:
(1) Segregating incompatible material s storage by a distance of not less than 20 feet (6069 mm),
(2) Isolating incompatible materials in storage by noncombustible partition extending not less than 18 inches (457 mm) above and to the sides of the stored materials,
(3) Storing liquid materials in flammable liquids storage cabinets… Materials that are incompatible shall not be stored within the same cabinet or exhausted enclosure .”
During the inspection, EPA inspectors determined that ethyl alcohol and n-choro succinimide are incompatible and were stored in Shed 2 less than 20 feet from each other; non-combustible partitions did not separate them, nor were they stored in flammable liquids storage cabinets.
Storing Incompatible Materials Without Adequate Separation in Shed 5
At the time of the inspection, EPA inspectors observed that, in Shed 5, Respondent stored about 78 55-gallon drums of ethyl alcohol and about 90 55-gallon drums of zirconium tetrachloride less than 20 feet from one another, with no other separation such as a non-combustible partition or flammable liquids storage cabinet.
Zirconium tetrachloride (CAS No. 10026-11-6) is an extremely hazardous substance. It is corrosive and water -reactive. It reacts with water to form toxic and corrosive fumes. According to its SDS, it is incompatible with alcohols.
During the inspection, EPA inspectors determined that ethyl alcohol and zirconium tetrachloride were incompatible and were stored in Shed 5 less than 20 feet from each other; non-combustible partitions did not separate them, nor were they stored in flammable liquids storage cabinets.
Storing Water-Reactive Materials in the Same Control Area with Liquids (Shed 5)
At the time of the inspection, EPA inspectors observed that, in Shed 5, Respondent stored about 90 55-gallon drums of phosphorus sulfochloride, about 62 55-gallon drums of thionyl chloride, about 90 55-gallon drums of zirconium tetrachloride and about 78 55-gallon drums of ethyl alcohol less than 20 feet of one another.
Phosphorus sulfochloride (CAS No. 3982-91-0) is an extremely hazardous substance. It is corrosive and water-reactive. It reacts with water to form toxic and corrosive fumes.
Thionyl chloride (CAS No. 7719-09-7) is an extremely hazardous substance. It is corrosive, water-reactive and poisonous. It reacts with water to form toxic and corrosive fumes.
Zirconium tetrachloride (CAS No. 10026-11-6) is an extremely hazardous substance. It is corrosive and water-reactive. It reacts with water to form toxic and corrosive fumes.
Ethyl alcohol is alcohol. It is a flammable liquid under ordinary temperatures and pressures.
Subsection 9.17.4 of NFPA 30 states:
“Materials that are water-reactive, as described in National Fire Protection Association (NFPA) 704, Standard for the Identification of the Hazards of Materials for Emergency Response, shall not be stored in the same control area with liquids.”
During the inspection, EPA inspectors determined that phosphorus sulfochloride, thionyl chloride, and zirconium chloride are water-reactive, as described in NFPA 704, and were being stored in the same control area (Shed 5) with liquids, namely about 78 55-gallon drums of ethyl alcohol.
Based on information provided by Respondent to EPA during and after the inspection, EPA notified Respondent that Respondent had not designed and maintained two chemical storage areas, Sheds 2 and 5, to provide protection consistent with industry standards.
Based on information provided by Respondent to EPA on March 2 1, 2018, Respondent has, since the inspection, made the following improvements to the storage of extremely hazardous substances at the Facility:
a. relocated containers of n-chloro succinimide from Shed 2 to Shed 5;
b. Relocated drums of ethyl alcohol from Shed 5 to Shed 2;
c. Established a 20-foot buffer to separate corrosives and flammables; and
d. Updated the Facility ‘s Standard Operating Procedures to include separation of incompatible materials with 20-foot buffer areas.
The ethyl alcohol at the Facility is an “extremely hazardous substance” for purposes of Section 112(r)(1) of the CAA because it is flammable and reacts explosively with n-chloro succinimide.
The n-chloro succinimide at the Facility is an “extremely hazardous substance” for purposes of Section 112(r)(1) of the CAA because it is corrosive and reacts explosively with aliphatic alcohol s, like ethyl alcohol.
The zirconium tetrachloride at the Facility is an “extremely hazardous substance” for purposes of Section 112(r)(1) of the CAA because it is corrosive and reacts with water to form toxic and corrosive fumes.
The phosphorus sulfochloride and thionyl chloride at the Facility are “extremely hazardous substances” for purpose s of Section 112(r)(1) of the CAA because they are corrosive and react with water to form toxic and corrosive fumes.
In full and final settlement and resolution of all allegations referenced in the foregoing Findings of Fact and Conclusions of law, and in satisfaction of all civil penalty claims pursuant thereto, the Respondent consents to the assessment of a civil penalty in the amount of $3,838.
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