On May 1 and June 5, 2012, EPA conducted compliance inspections of two (2) Waste Water Treatment facilities located in South Dakota and North Dakota to determine compliance with the Risk Management Plan (RMP) regulations 40 C.F.R. part 68 under section 112(r)(7) of the Act. The EPA found that the facilities had violated regulations implementing section 112(r)(7) of the Act by failing to comply with the specific requirements outlined in the attached RMP Program Level 2 Process Checklist-Alleged Violations with the total penalty amount of $3,600 at the South Dakota facility and $2,080 at the North Dakota facility. Here is breakdown of the citations at each facility…
South Dakota Facility
68.48(a)(3) Safety information did not include safe upper and lower temperatures, pressures, flows, and compositions ($750)
68.48(b) Design should be in accordance with industry standards, such as those found in NFPA 55 4.10.2.1(3) which states that hazard identification signs shall be placed at entrances where hazardous materials are stored. Chlorine room loading doors did not have a chlorine warning sign on the exterior side. ($1,500)
68.48(c) In the facility’s RMP binders, the chlorine controller equipment specifications have not yet been changed from Capitol Controls to Siemens. ($750)
68.52(b)(2) The facility does not have an unload procedure for the chlorine one ton containers. ($1,200)
68.52(b)(7) The facility’s operating procedures do not have consequences of deviations or steps required to correct or avoid deviations. ($1,200)
68.56(d) Owner or operator failed to perform or caused to be performed inspections and tests on process equipment that follow recognized and generally accepted good engineering practices. ($600)
- A third party has visually inspected the hoist cable in the chlorine room but no report of the inspection was issued. The hoist has not been certified.
- The outdoor deluge shower at the chlorine storage room did not work when tested by the EPA in the presence of XXX XXXXXXX. NOTE: The eyewash worked correctly.
- The manufacturer of the chlorine sensor in the chlorine room recommends that a chlorine response test be performed monthly. The facility does not perform the monthly test.
- The manufacturer of the chlorine sensor in the chlorine room recommends that a calibration be performed monthly. The facility does not perform the monthly calibration.
CLICK HERE (pdf) for the Final Order
North Dakota Facility
68.48(b) Owner or operator has not ensured that the process is designed in compliance with recognized and accepted good engineering practices. ($1,500)
- The design should be in accordance with industry standards, such as those found in The Water and Wastewater Operators Chlorine Handbook Pamphlet 155 section 7.7, which states that all exit doors should be equipped with anti-panic hardware that allows for easy opening. The double door in the chlorine room serves as the second access door. It does not have anti-panic hardware installed on the inside of the door.
- The design should be in accordance with industry standards, such as those found in the ANSI Z358.1, which states that an eyewash station must be located within 10 seconds from the possible area of exposure. It must be in a well-lit area, be on the same level as the area of exposure and should be identified by a sign. The eyewash station at WTP does not meets these criteria.
68.50(d) The most recent hazard review was dated 10-02-02. The facility did not meet the requirement to update the hazard review every five years. ($1,500)
68.58(a) The facility has not completed a compliance audit. ($1,500)
68.160(b)(7) The registration indicated that the facility has 4000 lbs. of chlorine on site when in fact they have 10,000 lbs. ($1,000)
CLICK HERE (pdf) for the Final Order