EPA found that Respondent, a fertilizer business, had violated regulations implementing Section 112(r) of the Act at 40 C.F.R. Part 68 by failing to comply with the regulations as noted on the enclosed “Risk Management Plan Inspection Findings and Alleged Violations Summary”. In consideration of Respondent’s size of business, its full compliance history, its good-faith effort to comply, and other factors as justice may require, and upon consideration of the entire record, the parties enter into the ESA in order to settle the violations described in the enclosed Summary for the total penalty amount of $8,500.
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REGULATED SUBSTANCE: Ammonia (cone. 20% or greater) MAX. QUANTITY IN PROCESS: 913,200 (lbs) PROCESS/NAICS CODE: 325311 PROGRAM LEVEL: 3 |
REGULATED SUBSTANCE: Anhydrous Ammonia MAX. QUANTITY IN PROCESS: 623,343 (lbs) PROCESS/NAICS CODE: 325311 PROGRAM LEVEL: 3 |
DESCRIPTION OF ALLEGED VIOLATIONS CAA Section 112(r) and its implementing regulations in 40 C.F.R. Part 68 require an owner or operator of a stationary source that has more than a threshold quantity of a regulated substance (listed in § 68.130) in a process, to develop a Risk Management Plan (RMP) and Risk Management Program. Four EPA representatives inspected the facility on August 3, 2016. Based upon this inspection the facility is in violation of the following risk management program elements: Specifically, at the time of inspection:
1. Process Safety Information: The Facility failed to provide information pertaining to the process chemistry of the process as required by 40 C.F.R. § 68.65(c)(1)(ii).
During the inspection, the Facility was unable to provide documentation on the process chemistry for the anhydrous ammonia and aqua ammonia storage (concentration 20%) storage processes. On September 16, 2016, the Facility provided the following documents to address process chemistry:
On September 16, 2016, the Facility provided the following documents to address process chemistry:
Operations Division – NH3 Storage Section
Title: 4.0 Process Safety Information, Issue Date: August 2016, REV 0
Operations Division – Aqua Ammonia Converting,
Section Title: 4.0 Process Safety Information, Issue Date: August 2016, REV 0.
2. Process Safety Information: The Facility failed to provide information pertaining to the safe upper and lower limits for such items as temperatures, pressures, flows or composition of the process as required by 40 C.F.R. § 68.65(c)(1)(iv). During the inspection, the Facility was unable to provide documentation on the safe upper and lower limits for the anhydrous ammonia and aqua ammonia storage (concentration 20%) storage processes.
During the inspection, the Facility was unable to provide documentation on the safe upper and lower limits for the anhydrous ammonia and aqua ammonia storage (concentration 20%) storage processes.
On September 16, 2016, the Facility provided the following documents to address safe upper and lower limits:
Operations Division – NH3 Storage Section
Title: 4.0 Process Safety Information, Issue Date: August 2016, REV 0
Operations Division – Aqua Ammonia Converting, Section
Title: 4.0 Process Safety Information, Issue Date: August 2016, REV 0
3. Process Safety Information: The Facility failed to provide information pertaining to evaluation of the consequences of deviation of the process as required by 40 C.F.R. § 68.65(c)(1)(v).
During the inspection, the Facility was unable to provide documentation on the evaluation of the consequences of deviation for the anhydrous ammonia and aqua ammonia (concentration 20%) storage processes.
On September 16, 2016, the Facility provided the following documents to address evaluation of the consequences of deviation:
Operations Division – NH3 Storage Section
Title: 4.0 Process Safety Information, Issue Date: August 2016, REV 0
Operations Division – Aqua Ammonia Converting, Section
Title: 4.0 Process Safety Information, Issue Date: August 2016, REV 0
4. Process Safety Information: The Facility provided inadequate information pertaining to the relief system design and design basis for the anhydrous ammonia storage process as required by 40 C.F.R. § 68.65(d)(1)(iv).
During the inspection, the facility’s the relief system design and design basis for the 18,000 gallon ammonia storage pressure vessel, the facility’s Process Safety Information – Storage Tank Data identified a total of two pressure relief valves with a total vent capacity of 10,726 CFM. The relief system design on the 18,000 gallon storage pressure vessel consists of dual pressure relief valves (PRV) with a two-way manifold on top of the pressure vessel which only one PRV can be utilized for relief capacity. The pressure relief design does not provide adequate relief capacity when isolating a single PRV for replacement. Reference ANSI K.61.1-1999 and CGA G-2.1-2014, Section 5.8, Pressure Relief Devices.
On November 22, 2016, The Facility confirmed that a second dual pressure relief valves (PRV) with a two-way manifold was installed on top of the 18,000 gallon storage pressure vessel to provide adequate relief capacity.
7. Operating Procedures: The Facility, aqua ammonia emergency shutdown procedure failed to assign responsibility to a qualified operator to ensure that emergency shutdown is executed in a safe and timely manner as required by 40 C.F.R. §68.69(a)(1)(iv).
The Facility, aqua ammonia emergency shutdown procedure for the converter did not identify a qualified operator responsible for the emergency shutdown.
8. Operating Procedures: The Facility, aqua ammonia operating procedures operating limits failed to address the consequences of deviation and steps required to correct or avoid deviation as required by 40 C.F.R. § 68.69(a)(2).
Aqua ammonia operating procedures operating limits did not address the consequences of deviation and steps required to correct or avoid deviation for the operation of the aqua ammonia converter and loading/unloading of the aqua ammonia storage tanks.
On September 16, 2016, the facility provided:
Operations Division – Aqua Ammonia Converting, Section
Title: 4.0 Process Safety Information, Issue Date: August 2016, REV 0 to address consequences of deviation and steps required to correct or avoid deviation.
9. Operating Procedures: The facility, aqua ammonia operating procedures failed to address safety systems and their function as required by 40 C.F.R. § 68.69(a)(4).
The aqua ammonia operating procedures did not address safety systems and their function such as the air activated shutdown valve for the ammonia supply pipe (orange) to the converter.
10. Compliance Audits: The Facility failed to promptly determine and document an appropriate response to each of the findings of the audit and document that the deficiencies have been corrected as required by 40 C.F.R. § 68.79(d).
The Facility did not track three findings for process safety information in providing due dates and assigning a responsible person to complete the task for the Compliance Audit Report dated August 6, 2014.
11. Risk Management Plan: The Facility failed to submit a correction of the emergency contact information within one month of any change in the emergency contact information as required by 40 C.F.R. § 68.195(b).
The August 6, 2014 RMP submitted identified XXXXXXXXXX as the emergency contact. During the RMP inspection, The Facility stated that YYYYYYYYYYYY was the new emergency contact and XXXXXXXXXXX left the company in September 2015.
On August 1, 2016, The Facility corrected the emergency contact to YYYYYYYYYYY.
On March 7, 2017, The Facility corrected the emergency contact to ZZZZZZZZZZZZZZZ.
During the inspection, EPA inspectors identified the following areas of concern:
- Operating Procedures: The Facility, did not ensure that operating procedures were readily available to employees who work in or maintain a process a required by 40 C.F.R. 68.69(b). The operator (driver) have no access to unloading procedures of the anhydrous ammonia from the 18,000 gallon storage pressure vessel to delivery trucks.
- Operating Procedures: The Facility, did not certify annually that the operating procedures are current and accurate as required by 40 C.F.R. § 68.69(c). The Facility provided signed annual certification documents dated 8/15/2014 and 8/2/2016 for the Ammonia Operating Procedures, Section 6.0, Rev 0, dated 6/13/2016. The Facility was unable to provide a 2015 annual certification document to demonstrate that their operating procedures are certified consistently.
- Operating Procedures: The Facility, did not develop and implement written procedures that provide instructions or steps for conducting activities associated with the aqua ammonia (concentration 20%) storage process consistent with the safety information as required by 40 C.F.R. § 68.69(a). The Facility, aqua ammonia operating procedures did not address normal operations, temporary operations, emergency operations, and startup following a turnaround or after an emergency shutdown.
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