Respondent is the owner and operator of a facility where EPA inspected from May 17 to May 19, 2022, to determine Respondent’s compliance with Section 112(r) of the CAA and 40 C.F.R. Part 68 (“the Inspection”). The Respondent’s facility is a metal alkyl manufacturing facility. The facility produces a variety of highly reactive metal alkyls including aluminum, magnesium, boron, zinc, gallium, and indium-based products. A solvent recovery process recovers solvents from plant waste streams and produces poly-aluminum chloride as a saleable byproduct. The Respondent’s RMP program level 3 covered processes store or otherwise use a regulated substance in an amount exceeding the applicable threshold.
EPA Alleged Violations
Count 1 – Operating Procedures
At the time of Inspection, Respondent failed to annually certify that certain of its operating procedures were current and accurate. During the inspection, it was noted that there were instances in which the facility had certified it procedures multiple times in a single year, but then failed to complete its certifications for as much as four years.
Respondent’s failure to review certain of its operating procedures as often as necessary to ensure that the procedures are current and accurate pursuant to 40 C.F.R. § 68.69(c), as required by 40 C.F.R. § 68.12(d)(3), is a violation of Section 112(r)(7) of the CAA.
Count 2 – Process Hazard Analysis
At the time of inspection, Respondent failed to provide documentation to show records of completion for all PHA recommendations for four (4) covered processes,
- Butylethylmagnesium (BEM),
- Multi-Product Reactor (MPR),
- Trimethylaluminum (TMAL), and
- Trialkyls
At the time of inspection, Respondent failed to retain documentation of completed resolutions of recommendations for the life of the four (4) covered processes BEM, MPR, TMAL and Trialkyls.
Respondent’s failure to provide documentation to show records of completion for all PHA recommendations and failure to retain documentation of completed resolutions of those PHA recommendations for the life of the four (4) covered processes, BEM, MPR, TMAL and Trialkyls pursuant to 40 C.F.R. § 68.67(e) and (g), as required by 40 C.F.R. § 68.12(d)(3), is a violation of Section 112(r)(7) of the CAA.
Count 3 – Process Hazard Analysis
At the time of Inspection, Respondent failed to update and revalidate certain process hazard analyses at least every five (5) years after the completion of the initial or previous PHAs.
Respondent’s failure to update and revalidate certain PHAs at least every five (5) years of the complete of the initial or previous PHAs pursuant to 40 C.F.R. § 68.67(f), as required by 40 C.F.R. § 68.12(d)(3), is a violation of Section 112(r)(7) of the CAA.
Count 4 – Training
At the time of Inspection, Respondent failed to ensure that at least one of its employees was provided timely refresher training every three (3) years, and more often, as necessary to assure that the employee understands and adheres to the current operating procedures in the process.
Respondent’s failure to timely provide its employees with refresher training every three (3) years, and more often, as necessary pursuant to 40 C.F.R. § 68.71(b) as required by 40
C.F.R. § 68.12(d)(3), is a violation of Section 112(r)(7) of the CAA.
Count 5 – Mechanical Integrity
At the time of Inspection, Respondent had multiple work orders open on process equipment that were overdue for inspection and failed to ensure that the frequency of inspections on certain process equipment was consistent with applicable manufacturers’ recommendations.
Respondent’s failure to ensure that the frequency of inspections and tests on certain process equipment is consistent with applicable manufacturers’ recommendations and good engineering practices pursuant to 40 C.F.R. § 68.73(d)(3), as required by 40 C.F.R. § 68.12(d)(3), is a violation of Section 112(r)(7) of the CAA.
CONSENT AGREEMENT
Respondent agrees that, in settlement of the claims alleged herein, Respondent shall pay a civil penalty of one hundred and twenty-five thousand dollars ($125,000.00)
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