Respondent is the owner and/or operator of a Refinery with the NAICS code of 32411, Petroleum Refineries. The Facility refines low sulfur yellow crude into ultra-low sulfur diesel fuel, naptha, heavy gas oil, and vacuum tower bottoms and those processes contain flammable mixtures of regulated substances listed in Table 3 of 40 C.F .R. ยง 68.130.
From September 18-19, 2018, EPA conducted an inspection of the Facility to assess compliance with section 112(r)(1) of the CAA. During that inspection, the EPA representatives observed alleged violations of section 112(r)(1) of the CAA. The alleged violations are described below…
ALLEGED VIOLATIONS OF LAW
Section 112(r)(1) of the CAA provides that the owners and operators of stationary sources producing, processing, handling or storing such substances have a general duty to identify hazards which may result from such releases using appropriate hazard assessment techniques, to design and maintain a safe facility taking such steps as are necessary to prevent releases, and to minimize the consequences of accidental releases which do occur.
- Respondent did not identify High-Temperature Hydrogen Attack as a potential hazard in their process hazard analysis for the carbon steel heat exchangers operating at high temperatures and hydrogen partial pressures. By not identifying this potential hazard in their process hazard analysis, Respondent violated section 112(r)(1) of the CAA.
- Respondent did not maintain updated Piping and Instrumentation Diagrams that reflected actual field conditions for the Fuel Gas Drum and associated piping. By not maintaining updated Piping and Instrumentation Diagrams to reflect actual field conditions.
- Respondent failed to design and maintain a safe facility taking such steps as are necessary to prevent releases and violated section 112(r)(1) of the CAA.
TERMS OF CONSENT AGREEMENT
Based on the Alleged Violations of Law, and after consideration of the statutory factors, the EPA has determined a civil penalty of $93,452 is appropriate to settle this matter.
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