Anhydrous ammonia (CAS# 7664-41-7) and a flammable mixture (butane and pentane) (CAS # 00-ll-ll) are regulated substances and are present at the Facility in amounts greater than the threshold quantities. The inspection found the following:
Process Safety Information
- 40 C.F.R. § 68.65 provides that the owner or operator shall compile and maintain up-to-date written process safety information related to the regulated substances in the process, information related to the technology of the process, and information pertaining to the equipment in the process, including documentation ensuring that the process is designed in compliance with recognized and generally accepted good engineering practices (40 C.F.R. § 68.65(d)(2)].
- Respondent did not have proper labeling on the ammonia pressure vessel, proper safety equipment on hand for handling ammonia, and proper signage in accordance with recognized and generally accepted good engineering practices. This is a violation of 40 C.F.R. § 68.65(d)(2).
Process Hazard Analysis
- 40 C.F.R. § 68.67 provides that the owner or operator shall perform an initial process hazard analysis (PHA) on processes covered by this part. The PHA’s reviewed during the EPA inspection did not include the following required information:
- An evaluation of the hazards of the process. This is a violation of 40 C.F.R. 68.67(c)(1).
- Identification of any previous incident which had a likely potential for catastrophic consequences. This is a violation of 40 C.F.R. § 68.67(c)(2).
- Documentation addressing engineering and administrative controls applicable to hazards and interrelationships. This is a violation of 40 C.F.R. § 68.67(c)(3).
- Information on consequences of failure of engineering and administrative controls. This is a violation of 40 C.F.R. § 68.67(c)(4).
- Information addressing stationary source siting. This is a violation of 40 C.F.R. § 68.67(c)(5).
- An evaluation of a range of the possible safety and health effects of failure of controls. This is a violation of 40 C.F.R. § 68.67(c)(7).
- A system to promptly address the team’s findings and recommendations; assure that the recommendations are resolved in a timely manner and documented; document what actions are to be taken; complete actions as soon as possible; and a written schedule of when these actions are to be completed. This is a violation of 40 C.P.R. § 68.67(e).
- Documentation of past PHA’s and updates or revalidations for each process covered, as well as the resolution of recommendations for the life of the process. This is a violation of 40 C.F.R. § 68.67(g).
Operating Procedures
- 40 C.F.R. § 68.69 provides that the owner or operator shall 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. The operating procedures did not include the following required information:
- The consequences of deviation were not addressed. This is a violation of 40 C.F.R. § 68.69(a)(2)(i).
- The steps required to avoid deviations were not included. This is a violation of 40 C.P.R. § 68.69(a)(2)(ii).
- Annual certifications on operating procedures were not completed. This is a violation of 40 C.F.R § 68.69(c).
Mechanical Integrity
- 40 C.F.R. § 68.73 provides that the operator or owner shall establish a written program to maintain the on-going mechanical integrity of process equipment. The established mechanical integrity program did not include the following required elements:
- Testing and inspections on process vessels did not follow recognized and generally accepted good engineering practices. This is a violation of 40 C.F.R. § 68.73(d)(2).
- All process vessels were not tested and inspected at a frequency in accordance with generally accepted good engineering practices. This is a violation of 40 C.F.R. § 68.73(d)(3).
- Deficiencies in equipment operating outside acceptable limits were not corrected and documented. This is a violation of 40 C.F.R. § 68.73(e).
Management of Change
- 40 C.F.R. § 68.75 provides that the operator or owner shall establish and implement written procedures to manage changes to process chemicals, equipment, and procedures.
- Respondent did have a program to manage changes in place at the time of the EPA inspection but the program was not properly implemented (not informing employees and contractors involved in the operation of a process and maintenance of new changes in the process, whose job tasks would be affected by a change in the process). This is a violation of 40 C.F.R.§ 68.75(c).
Compliance Audits
- 40 C.F.R. § 68.79(d) provides that the operator or owner shall promptly determine and document an appropriate response to each of the findings of the compliance audit and document that deficiencies have been corrected.
- Respondent did not document that all findings in the 2009 compliance audit had been appropriately responded to and corrected. This is a violation of 40 C.F.R. § 68.79(d).
RMP Updates
- 40 C.F.R. § 68.160(b)(7) provides that the owner or operator shall assign the correct program level to its covered process.
- Respondent assigned the incorrect program level to its covered process on the RMP registration form. This is a violation of 40 C.F.R. § 68.160(b)(7).
- 40 C.F.R. 68.195(b) provides that if the emergency contact information required at 40 C.F.R. 68.160(b)(6) has changed since June 21, 2004, the owner or operator shall submit corrected information within thirty days of the change.
- Respondent did not update the emergency contact information required at 40 C.F.R. § 68.160(b)(6) after the information changed in 2010. This is a violation of 40 C.F.R. § 68.195(b).
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