Respondent has five RMProgram covered processes. The letdown area process, the urea process, and the high pressure solutions process store or otherwise use ammonia in an amount exceeding its applicable threshold of 10,000 pounds; the chlorine addition process stores or otherwise uses chlorine in an amount exceeding its applicable threshold of 2,500 pounds; and the sulfur dioxide addition process stores or otherwise uses sulfur dioxide in an amount exceeding its applicable threshold of 5,000 pounds. Based on an RMProgram compliance monitoring investigation initiated by EPA on May 20, 2013, the EPA alleges that the Respondent violated the codified rules governing the CAA Chemical Accident Prevention Provisions, because Respondent did not adequately implement provisions of 40 CFR Part 68 when it:
- Failed to estimate the population that would be included in the distance to the endpoint based on a circle with the point of release at the center when defining off site impacts as required by 40 CFR § 68.30(a);
- Failed to identify environmental receptors that would be included in the distance to the endpoint based on a circle with the point of release at the center when defining off site impacts as required by 40 CFR § 68.33(a);
- Failed to document safe upper and lower limits for such items as temperatures, pressures, flows or compositions as required by 40 CFR § 68.65(c)(l)(iv);
- Failed to document piping information and instrumentation diagrams pertaining to equipment in the process as required by 40 CFR § 68.65(d)(l)(ii); Failed to address consequences of deviations from operating limits in the written operating procedures as required by 40 CFR § 68.69(a){2)(i)
- Failed to address steps to correct or avoid deviations from operating limits in the written operating procedures as required by 40 CFR § 68.69(a)(2)(ii);
- Failed to ensure that equipment as it was fabricated is suitable for the process application for which it will be used in construction of new plants and equipment as required by 40 CFR § 68. 73(t)(l );
- Failed to ensure that maintenance materials, spare parts and equipment were suitable for the process application for which they would be used as required by 40 CFR § 68. 73(t)(3);
- Failed to establish a system to address and resolve the incident report findings and recommendations, and document the resolutions and corrective actions as required by 40 CFR § 68.81(e).
Respondent agrees to pay a civil penalty of TWENTY SIX THOUSAND TWO HUNDRED FIFTY DOLLARS ($26,250), to be paid within thirty (30) days of the effective date of this CAFO.
Supplemental Environmental Project Respondent shall undertake and complete the following Emergency Planning and Preparedness project within 45 days of the effective date of this CAFO. Respondent shall expend no less than NINETY EIGHT THOUSAND FIVE HUNDRED SEVENTY- FIVE DOLLARS ($98,575) for the purchase of the following equipment for donation to the Colbert County HAZMA T Team and the Cherokee Volunteer Fire Department:
25 – 60-minute 4,500 psi Carbon Fiber Survivair Cylinders
25 – LION V-Force Bi-Swing Coat PBI Max, K7 Liner
25 – LION V-Force Hi-Back Pant PBI Max, K7 Liner
25 – LION Conway American Classic Helmet, 4″ Face Shield
25 – Custom Leather Front Medallion
25 – PGI Cobra Ultimate Hood-Carbon Shield, 2-ply, Black, Long
25 – Shelby Pigskin Cowhide Glove, RT7100, Gauntlet, NF~A
25 – Weinbrenner Knockdown Elite 14″ Leather Boot
This CAFO shall not be construed to constitute EPA’ s endorsement of the equipment or technology to be purchased by Respondent in connection with the SEP undertaken pursuant to this Agreement. Respondent in good faith estimates that the cost to implement the SEP is $98,575.
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