November 2-3, 2011, EPA conducted an inspection of fertilizer manufacturing plant (Anhydrous Ammonia) to determine compliance with Section 112(r) of the Clean Air Act and 40 C.F.R. Part 68. Information gathered during the EPA inspection revealed the facility had greater than 10,000 pounds of anhydrous ammonia in a process at its facility. From the time Respondent first had onsite greater than 10,000 pounds of anhydrous ammonia in a process in January 2008 until Respondent reduced the quantity of anhydrous ammonia at its facility to less than 10,000 pounds in March 2012, Respondent was subject to the requirements of Section 112(r) ofthe Clean Air Act and 40 C.F.R. Part 68, because it was an owner and operator of a stationary source that had more than a threshold quantity of a regulated substance in a process. Facility was subject to Program 3 of the risk management program requirements because the covered processes did not meet the requirements of Program 1 and were subject to the OSHA’s PSM standard. EPA alleges the facility violated the CAA and federal regulations promulgated pursuant to the CAA, as follows:
- failed in part to conduct a hazard assessment as provided in 40 C.F.R. §§ 68.20 through 68.42, as required by 40 C.F.R. § 68.12(d)(2), by failing to maintain onsite documentation of the methodology used to determine distance to endpoints for the off site consequence analysis, as required by 40 C.F.R. § 68.39(d).
- failed to fully implement various prevention requirements of 40 C.F.R. §§ 68.65 through 68.87, as required by 40 C.F.R. § 68.12(d)(3), as follows:
- Facility failed to compile written process safety information that includes
- safe upper and lower limits for flows or compositions;
- materials of construction;
- piping and instrument diagrams;
- electrical classification;
- relief system design and design basis;
- design codes and standards employed;
- material and energy balances;
- safety systems, and
- failure to document that equipment complies with recognized and generally accepted good engineering practices, as required by 40 C.F.R. § 68.65(c)(l)(iv), § 68.65(d)(l)(i-iv and vi-viii), and§ 68.65(d)(2);
- Facility failed to compile written process safety information that includes
- failed to perform an initial process hazard analysis appropriate to the complexity of the process, as required by 40 C.F.R. § 68.67(a), and address the seven elements required by 40 § 68.67(c)
- failed to develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in the covered process, including the failure to address operating limits and safety systems and their functions, as required by 40 C.F.R. § 68.69(a)
- failed to develop and implement safe work practices for opening process equipment or piping, as required by 40 C.F.R. § 68.69(d)
- failed to establish and implement written procedures to maintain the on-going integrity of process equipment, as required by 40 C.F.R. § 68.73(b)
- failed to perform inspections and tests on process equipment following recognized and generally accepted good engineering practices at a frequency consistent with applicable manufacturer’s recommendations and good engineering practices, as required by 40 C.F.R. § 68.73(d)(l-3)
- failed to assure that equipment is suitable for the process application for which it will be used, as required by 40 C.F.R. § 68.73(f)(l)
- failed to document that deficiencies identified during a compliance audit have been corrected, as required by 40 C.F.R. § 68.79(d)
- failed to establish and implement written procedures to manage change, as required by 40 C.F.R. § 68.75(a)
- failed to develop a written plan to implement employee participation in the process hazard analysis and applicable elements of process safety management, as required by 40 C.F.R. § 68.83(a)
- failed to implement safe work practices to control the entrance, presence, and exit of the contract owner or operator and contract employees in covered process areas, as required by 40 C.F.R. § 68.87(b)(4)
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