The Respondent owns and operates a ferric chloride manufacturing facility, which maintains a maximum inventory of 3,000,000 pounds of the regulated toxic substance chlorine, as stated in the December 21, 2021, RMP that was submitted to and reviewed by EPA. Chlorine is a regulated toxic substance under Section 112 of the CAA with a threshold quantity of 2,500 pounds as set forth in Table 1 at 40 C.F.R. § 68.130. The Facility is subject to Program 3 because the process is subject to the OSHA process safety management standard, 29 C.F.R. § 1910.119, in accordance with 40 C.F.R. § 68.10(i), and does not meet the Program 1 eligibility requirements at 40 C.F.R. § 68.10(g).
On June 14 – June 15, 2022, EPA conducted an announced inspection of the Respondent’s facility (June 2022 inspection). During the June 2022 inspection, EPA inspectors reviewed numerous documents provided by the Respondent. The documents covered aspects of its RMP, including the management system, process safety information, process hazard analysis, operating procedures, training, mechanical integrity, management of change, pre-startup safety review, compliance audits, hot work permits, employee participation, and contractors. The Respondent’s written operating procedures included operating limits for pressure and level but did not include the operating limit for temperature or the consequences of deviation. The Respondent did not have records of calibrating the pressure and temperature sensors on any of the oxidizers. The Respondent did not have records of calibrating the level sensors on oxidizers A or C.
During the June 2022 inspection, EPA requested the written procedures for Management of Change (MOC), in response the Respondent provided EPA with a document titled “PVS EHSS Corporate Policy Guideline.docx” (PVS Guidelines). This document is a general guidancedocument related to the Respondent’s corporate environment, health, safety, and security policy, and did not meet the MOC requirements.
From October 6, 2022 to June 1, 2023, Respondent completed the following actions:
a. Provided “Critical Operating Parameter” operating procedure that included temperature operating limits.
b. Provided a spreadsheet that lists calibration frequency requirements for its equipment and a copy of the Respondent’s new policy requiring any equipment that does not otherwise have a manufacturer calibration frequency requirement to be calibrated once per year.
c. Provided a copy of revised MOC procedures that describe MOC approval procedures which includes MOC requirements under 40 C.F.R. § 68.75.
Allegations
Operating Procedures
The Respondent failed to develop and implement written operating procedures that address operating limits, specifically temperature, in violation of 40 C.F.R. § 68.69(a)(2).
Mechanical Integrity
The Respondent failed to perform inspections and tests on process equipment, in violation of 40 C.F.R. § 68.73(d)(1).
Management of Change
The Respondent failed to establish written procedures to manage changes to process chemicals, technology, equipment, and procedures; and changes to stationary sources that affect a covered process, in violation of 40 C.F.R. § 68.75(a).
Terms of Consent Agreement
Respondent agrees to pay a civil penalty in the amount of $20,350.70 (“Assessed Penalty”) within thirty (30) days after the date the Final Order ratifying this Consent Agreement is filed with the Regional Hearing Clerk (“Filing Date”).
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