EPA Region 10 cited a seafood processing facility located in Alaska for RMP issues around their Anhydrous ammonia and Chlorine processes. Respondent has been subject to the RMP requirements since June 21, 1999, the date on which the facility first used, stored, manufactured, or handled more than the TQ of anhydrous ammonia in a single process. Respondent became subject to the RMP requirements for chlorine on January 1, 2006, the date on which the facility first used, stored, manufactured, or handled more than the TQ of chlorine in a single process, until at least August 18, 2010, when the facility submitted a revised RMP stating that it had reduced its chlorine inventory to below 2,500 pounds at each covered process. Respondent submitted an RMP to EPA on June 18, 1999, June 14, 2004, June 16, 2009, August 18, 2010, and November 12, 2010. Here is a breakdown of the citations:
Respondent’s RMP documentation did NOT:
- Include certain records related to off-site consequence analysis parameters and off-site impacts regarding population as required by 40 C.F.R. §§ 68.22, 68.30, and 68.39.
- Document and maintain the following written process safety information relating to the technology of certain covered processes as required by 40 C.F.R. § 68.65(c):
- a block flow diagram or simplified process flow diagram for the G2 chlorine process/storage area;
- maximum intended inventory for the G2 chlorine process/storage area, the Hanger 18 chlorine shipping and receiving area, and the ammonia storage area (bone yard);
- safe upper and lower limits for such items as temperatures, pressures, flows, and compositions for the G2 chlorine process/storage area;
- an evaluation of the consequences of deviation for the ammonia storage area (bone yard), the G1 and G2 ammonia refrigeration systems, the G2 chlorine process/storage area, and the Hanger 18 chlorine shipping and receiving area
- materials of construction for the G2 chlorine process/storage area; piping and instrumentation diagrams for the G2 chlorine process/storage area;
- electrical classification for the G1 and G2 ammonia refrigeration systems;
- relief system design and design basis for the G1 and G2 ammonia refrigeration systems;
- ventilation system design for the G1 and G2 ammonia refrigeration systems;
- design codes and standards employed for the G2 chlorine process/storage area;
- safety systems for the G2 chlorine process/storage area and the Gland G2 ammonia refrigeration systems; and
- documentation that equipment complies with recognized and generally accepted good engineering practices for the G2 chlorine process/storage area
- Perform an initial Process Hazard Analysis that identified, evaluated, and controlled the hazards involved in the process for the G2 chlorine process/storage area, the Hanger 18 chlorine shipping and receiving area, and the ammonia storage area (bone yard) as required by 40 C.F.R. § 68.67(a).
- In addition, with respect to the 2007 PHA for the G1 ammonia refrigeration system, Respondent did not:
- establish a system to promptly address the findings and recommendations of the team as required by 40 C.F.R. § 68.67(d)
- assure that the recommendations were resolved in a timely manner and documented;
- document what actions are to be taken;
- complete actions as soon as possible;
- develop a written schedule of when these actions are to be completed; and
- communicate the actions to operating, maintenance, and other employees whose work assignments are in the process and who may be affected by the recommendations as required by 40 C.F.R. § 68.67(e).
- Develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with the process safety information as required by 40 C.F.R. § 68.69(a) for the Hanger 18 chlorine shipping and receiving area and the ammonia storage area (bone yard) for the loading and unloading of containers.
- Written operating procedures for the GI and G2 ammonia refrigeration systems did not include the consequences of deviation and steps required to correct or avoid deviation for operating limits as required by 40 C.F.R. § 68.69(a)(2).
- Certify annually that the operating procedures are current and accurate and that procedures have been reviewed as often as necessary to ensure that they reflect current operating practice as required by 40 C.F.R. § 68.69(c) for the G2 chlorine process/storage area, the Hanger 18 chlorine shipping and receiving area, and the ammonia storage area (bone yard).
- Establish and implement written procedures to maintain the ongoing integrity of the G2 chlorine process equipment (piping, valves, detectors, chlorinators, fittings, etc.) as required by 40 C.F.R. § 68.73(b).
- Have inspection and testing procedures that followed recognized and generally accepted good engineering practices as required by 40 C.F.R. § 68.73(d)(2) and that ensured that the frequency of inspections and tests of process equipment is consistent with applicable manufacturers’ recommendations, good engineering practices, and prior operating experience as required by 40 C.F.R. § 68.73(d)(3), specifically relating to maintenance records for the pressure relief valves for the G2 ammonia refrigeration system;
- Maintenance records and procedures for annual inspections of the structural supports, piping, and piping supports of the condensers for the G1 and G2 ammonia refrigeration systems;
- Maintenance records and procedures for the inspection and testing of the ammonia detectors for the G1 and G2 ammonia refrigeration systems;
- Procedures for the inspection and testing of the G2 chlorine process equipment (piping, valves, detectors, chlorinators, fittings, etc.)
- Retain the two most recent compliance reports for the G1 and G2 ammonia refrigeration systems as required by 40 C.F.R. § 68.79(e).
EPA has taken into account the size of the business, the economic impact of the penalty on the business, Respondent’s full compliance history and good faith efforts to comply, the duration of the violation as established by any credible evidence, payment by Respondent of penalties previously assessed for the same violation, the economic benefit of noncompliance, the seriousness of the violation, and such other factors as justice may require. After considering all of these factors, EPA has determined and Respondent agrees that an appropriate penalty to settle this action is $142,175. CLICK HERE for agreement.