On March 27,2013, EPA conducted a compliance inspection of Respondent’s facility to determine compliance with the Risk Management Plan (RMP) regulations promulgated at 40 C.F.R. part 68 under section 112(r)(7) of the Act. The EPA found that the Respondent had violated regulations implementing section 112(r)(7) of the Act by failing to comply with the specific requirements outlined in the attached RMP Program Level 2 Process Checklist-Alleged Violations & Penalty Assessment (Checklist and Penalty Assessment).
Prevention Program-Safety Information [68.48]
Has the owner or operator ensured that the process is designed in compliance with recognized and generally accepted good engineering practices? [40 CFR 68.48(b)]
- The two ammonia stationary storage tanks are not equipped with emergency shut-off valves which can be remotely activated. The remote shut-off cable on the east tank needs to be replaced because it is broken off close to the valve. The remote shut-off cable on the west tank does not operate smoothly – installing it through conduit may help with this problem. According to ANSI K61.1, Section 5.10.8.2: An approved emergency shut-off valve shall incorporate a manually activated shut off from a remote location and a manually activated shut off at the installed location.
- Emergency signage is not readily visible. Emergency signage is installed on the chemical warehouse but the signage is not readily visible until one has entered the facility beyond the ammonia vessels. The sign is missing the address. According to ANSI K61.1, Section 6.8: A legible sign shall be displayed on the premises at which a storage system is located, so as to be readily visible to emergency response personnel, stating the name, address, and telephone number of the nearest representative, agent, or owner of the storage system.
- The west ammonia stationary storage tank is missing visible ANHYDROUS AMMONIA stickers and INHALATION HAZARD stickers. According to ANSI K61.1, Section 6.6: Each container or group of containers shall be marked on at least two sides, which are visible with the words, ANHYDROUS AMMONIA…
- Each container or group of containers shall be marked with a hazard warning label complying with 29 CFR 1910.1200[7].
$1500 for all three
Prevention Program-Hazard Review (HR) [40 CFR 68.50]
Has the owner or operator conducted a review of the hazards associated with the regulated substances, process, and procedures? [68.50(a)]
- The HR does not address the hazards associated with the process of mixing chemicals in the T-reactor. $900
Has the owner or operator updated the hazard review at least once every five years or whenever a major change in the process occurred? [68.50(d)]
- The HR has not been updated every five years. The most recent HR is dated 1/16/2007. $1500
Prevention Program- Maintenance [40 CFR 68.56]
Has the owner or operator performed or cause to be performed inspections and tests on process equipment that follow recognized and generally accepted good engineering practices? [68.56(d)]
- The only maintenance documentation available prior to 2012 was the Equipment Maintenance Schedule signed by the RMP officer on 1/16/07. In August 2012, the Company hired consultants to assist with developing a PSM program. Since then, the company has developed procedures for inspecting the PRVs and Piping. They provided documentation that the Pressure Relief System was inspected November 2012 with the comment “Replaced PR Valves”. The Colorado Dept of Agriculture inspected the facility on 3/17/2013 and rejected the West Bulk Anhydrous Ammonia tank in part because two PRV’s expired 12/11 & 9/11. $600
Prevention Program – Compliance Audits (CA) [40 CFR 68.58]
Has the owner or operator certified that compliance audits (CA) are conducted at least every three years to verify that the procedures and practices are adequate and are being followed? [68.58(a)] Has the owner or operator retained the two most recent compliance audit reports? [68.58(e)]
- No documentation was available that a CA was conducted at least every three years. $300
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