Respondent is the owner and/or operator of a chemical and fertilizer distribution facility. The Facility has an anhydrous ammonia storage system and loading and unloading equipment that has at all relevant times contained more than 10,000 pounds of anhydrous ammonia and constitutes a single “covered process” under 40 C.F.R. § 68.3. The Facility has an 18,000-gallon anhydrous ammonia storage tank and a 21,500-gallon anhydrous ammonia storage tank (“the ammonia storage tanks”) that have each at all relevant times qualified as a single covered process, and which are co-located such that they also qualify as a single covered process together. The Process is a “Program 2” covered process because it does not meet the Program 1 eligibility requirements or the Program 3 eligibility requirements.
Violation of Safety Information Requirements
At the time of an EPA inspection of the Facility on or about April 26, 2018, Respondent had not compiled and maintained the codes and standards used to design, build, and operate the 18,000-gallon anhydrous ammonia storage tank, as required by 40 C.F.R. § 68.48(a).
At the time of the EPA inspection on or about April 26, 2018, Respondent had failed to ensure that both ammonia storage tanks were designed in compliance with recognized and generally accepted good engineering practices 40 C.F.R. § 68.48(b). Such practices require that the storage tanks are installed on substantial reinforced concrete footings and foundations or structural steel supports mounted on reinforced concrete foundations; the ammonia storage tanks are protected with suitable barriers to avoid damage by trucks or other vehicles, and that storage tank shutoff valves are secured and protected by suitable means against tampering or theft of product when the Facility is unattended.
The 18,000-gallon ammonia storage tank lacked the required supports until corrected by Respondent on or about July 10, 2020.
The ammonia storage tanks lacked the required protection from vehicle damage until Respondent placed suitable barriers around the tanks on or about October 2, 2019.
The shutoff valves on the ammonia storage tanks were not secured and protected by suitable means against tampering or theft until Respondent installed anti-tamper lock devices on the storage tanks on or about October 21, 2019.
Respondent, therefore, violated 40 C.F.R. § 68.48.
Violation of Hazard Review Requirements
Respondent failed to review the hazards of an accidental anhydrous ammonia leak during loading and unloading operations and failed to identify the safeguards used or needed to control an accidental ammonia leak during loading and unloading of the ammonia storage tanks. The hazard review Respondent performed at the Facility in 2012 did not identify a remote emergency shut-off system for the loading and unloading operations of both ammonia storage tanks, a safeguard used or needed to control an accidental ammonia leak during loading, and unloading operations.
On or about October 21, 2019, Respondent performed a hazard review addressing the hazards of an accidental ammonia leak during loading and unloading operations, as required by 40 C.F.R. § 68.50(a)(3) and installed a remote emergency shutoff system for the loading and unloading operations of the ammonia storage tanks.
Respondent’s 2012 hazard review identified the following problems at the Facility:
- aging equipment was rusted and/or in need of maintenance and repair, and
- safety relief valves were out of date and showed visible signs of aging and disrepair
These problems were ongoing at the time of EPA’s inspection on or about April 26, 2018, constituting a failure to ensure that problems identified in a hazard review are resolved in a timely manner as required by 40 C.F.R. § 68.50(c).
Respondent, therefore, violated 40 C.F.R. § 68.50.
Violation of Operating Procedure Requirements
As of the EPA inspection on or about April 26, 2018, Respondent had failed to:
- provide written site-specific instructions for emergency shutdown and operation of the Facility Process;
- describe in writing the consequences of deviating from loading and unloading procedures and the steps required to correct or avoid such deviations;
- provide written procedures for the inspection of Facility Process equipment, including piping, hoses, pumps, valves, and safety valves
Respondent, therefore, violated 40 C.F.R. § 68.52.
Violation of Training Requirements
As of April 26, 2018, Respondent had not ensured that its seven operators were trained or had tested competent in the operating procedures related to the handling of anhydrous ammonia.
Respondent, therefore, violated 40 C.F.R. § 68.54.
Violation of Maintenance Requirements
Applicable industry standards, as well as information from the manufacturer of the safety relief valves on Respondent’s ammonia storage tanks, provide that the relief valves not be used longer than five years from the date of installation. Respondent operated, as part of its Process, two safety relief valves that were due for replacement in April and October 2013 but were not replaced until April 29, 2018.
Respondent, therefore, failed to prepare and implement procedures to maintain the on-going mechanical integrity of the safety relief valves on the ammonia storage tanks, in violation of 40 C.F.R. § 68.56(a).
Violation of Compliance Audit Requirements
Respondent performed a compliance audit of the Facility Process in August 2012 but failed to complete the next compliance audit of the Facility Process until May 2019.
Respondent’s failure to evaluate the Facility Process for compliance with the provisions of 40 C.F.R. Part 68, Subpart C at least every three years is a violation of 40 C.F.R. § 68.58(a).
After considering factors, EPA determined and Respondent agrees that an appropriate penalty to settle this action is $146,000 (the “Assessed Penalty”).
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