On July 12, 2017, authorized EPA representatives conducted a compliance inspection of the facility to determine its compliance with the Risk Management Program (“RMP”) regulations promulgated at 40 C.F.R. Part 68 under Section 112(r) of the Act. Following the inspection, EPA requested certain documents and information and reviewed the provided information with support from outside specialists. The Parties also discussed the ongoing compliance status at the Facility and outstanding action items. EPA has found that Respondents violated regulations implementing Section 112(r) of the Act by failing to comply with the regulations as noted below:
Prevention Program – Safety Information 68.65; $1,500
At the time of the inspection, several aspects of the Facility were not adequately labeled, including inadequately labeled piping, stationary LPG containers NFPA 704 diamonds not
sufficiently visible to emergency responders and the public, and lacking signage on the door of the electrical/storage building to warn employees of the presence of high voltage
before entering. See, e.g., ASME A13.1 -2007 § 3; NFPA 1-2012, 60.5.1.6.2 & 60.5.8.2.1; NFPA 704-2012; NEC/NFPA 70-2014.
Prevention Program – Safety Information 68.65; $1,500
At the time of the inspection, several aspects of the Facility posed electrical hazards, in that electrical wires protruded from the ground beneath the propane railcars; the material was
placed in front of electrical panels in the electrical/storage building preventing inspection and servicing, and some electrical breakers are too high, and a platform will be required in front of the panel for access. Propane is highly flammable, necessitating care with electrical safety. See, e.g., NEC/NFPA 70-2014, §§ 110.26(8), 110.32 , 240.24 , 250.12, 250.53(0), 300.4.
Prevention Program – Safety Information 68.65; $1,500
At the time of the inspection, LPG containers and piping were inadequately protected of from damage from vehicles. See, e.g., NFPA 58-2011 § 6.6.1.2; 29 C.F.R. § 1910.110(d)(10); Propane Education and Research Council, Operations and Maintenance Handbook for LP-Gas Storage Facilities § 6 at 100 (2007).
Prevention Program – Operating Procedures 68.69; $1,500
At the time of the inspection, the facility did not have adequate operating procedures in place. For example, there was no written SOP pertaining to switching out the nitrogen
tank and pressurizing the nitrogen system.
Prevention Program – Operating Procedures 68.69; $1,200
At the time of the inspection, the facility’s operating procedures within its RMP Documentation and O&M Plan did not adequately address all required RMP elements nor all of the requirements of NFPA 58 Section 14.
Prevention Program – Operating Procedures 68.69; $1,200
At the time of the inspection, the facility had not annually certified that the SOPs were current and accurate.
Prevention Program – Mechanical Integrity 68.73; $1,500
At the time of the inspection, the Facility did not have a detailed written maintenance plan to adequately address all required RMP and NFPA 58 Section 14 elements.
Prevention Program – Mechanical Integrity 68.73; $900
At the time of the inspection, Respondents did not provide EPA with adequate documentation showing that inspections or tests on process equipment had been performed at the needed intervals. See, e.g ., NFPA 58 § 14; PERC, Operation and Maintenance Handbook for LP Gas Storage Facilities §§ 6 & 7.
Prevention Program – Mechanical Integrity 68.73; $900
At the time of the inspection, there was excessive rusting on piping and welds, indicating that equipment deficiencies were not being corrected in a safe and timely manner.
Section H – Risk Management Plan 40 CFR 68.190-68.195; $1,000
The 2016 RMP listed the “Propane Rail Unloading” process as containing 665,800 pounds of propane. However, this amount failed to account for the full capacity of the process,
which is at least the total propane contained in the three storage tanks as well as five railcars when connected to the unloading stations.
Section H – Risk Management Plan 40 CFR 68.190-68.195; $1,000
Respondents’ five-year RMP update was due June 16, 2019. It was uploaded in the CDX system but not submitted and certified until July 8, 2019. Respondents made a similar error with the initial RMP for the facility in 2014.
Total unadjusted penalty: $14,700
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