PLEASE NOTE this entire inspection citation is based on the facility not having their piping labeled per ASME A13.1 – A13.1-2015, Scheme for the Identification of Piping Systems
Respondent is the owner of a polymer manufacturing plant and based on the observations of EPA inspectors during the Inspection, EPA has determined that Respondent has handled and handles a maximum of approximately 70,000 pounds of ethylenediamine, 210,000 pounds of ethylene oxide, 400,000 pounds of propylene oxide, and 6,900,000 pounds of toluene diisocyanate at the Facility. Each of the substances, ethylenediamine, ethylene oxide, propylene oxide and toluene diisocyanate, is a regulated toxic substance for purposes of Section 112(r)(7) of the CAA because each is listed pursuant to Section 112(r)(3) of the CAA, at 40 C.F.R. § 68.130. The threshold quantity for each of the four regulated toxic substances is 10,000 pounds for ethylene oxide, propylene oxide and toluene diisocyanate and 20,000 pounds for ethylenediamine pursuant to 40 C.F.R. § 68.130, Table 1. More than a threshold quantity of a regulated substance is present in a process at the Facility.
On March 13, 2019, EPA conducted an inspection of the Facility to determine whether Respondent was in compliance with Section 112(r) of the CAA and the RMP Regulations.
Count I – Failure to Comply with RMP Process Safety Requirements
Based on the observations of EPA inspectors during the Inspection, EPA has determined that Respondent has handled and handles a maximum of approximately 70,000 pounds of ethylenediamine, 210,000 pounds of ethylene oxide, 400,000 pounds of propylene oxide, and 6,900,000 pounds of toluene diisocyanate at the Facility.
The inspection revealed the following instances in which Respondent has not complied with Section 112(r)(7) of the CAA, and the RMP Regulations.
The RMP regulations require the owner or operator of a stationary source to compile written process safety information relevant to the equipment in the process, including process safety information pertaining to design codes and standards, 40 C.F.R. § 68.65(a) and 68.65(d)(1)(vi). The purpose of compiling written process safety information is to enable the owner or operator and the employees involved in operating the process to identify and understand the hazards posed by those processes involving regulated substances. This process safety information must include information pertaining to the hazards of the regulated substances used or produced by the process, information pertaining to the technology of the process, and information pertaining to the equipment in the process. 40 C.F.R. § 68.65(b)-(d).
The RMP regulations require the owner or operator to document that its equipment complies with recognized and generally accepted good engineering practices, 40 C.F.R. § 68.65(d)(2). The term “recognized and generally accepted good engineering practices” includes, among others, the following industry-standard:
American Society of Mechanical Engineers A13.1-2015, Scheme for the Identification of Piping Systems (ASME A13.1-2015)
The purpose of ASME A13.1-2015 is to establish a system to assist in the identification of hazardous material conveyed in piping systems and their hazards when released in the environment. ASME A13.1-2015 provides that pipes containing hazardous materials must have legends, stating, in relevant part:
This Standard considers a legend to be primary and explicit for the identification of contents. Positive identification of the contents of a piping system shall be by lettered legend, giving the name of the contents in full or abbreviated form (see Table 1). Arrows shall be used to indicate the direction of flow. Where flow can be in both directions, arrows in both directions shall be displayed. Contents shall be identified by a legend with sufficient additional details such as temperature, pressure, etc., as are necessary to identify the hazard.
… Legends shall be applied close to valves or flanges and adjacent to changes in direction, branches, and where pipes pass through walls or floors; and at intervals on straight pipe runs sufficient for identification. Identification may be accomplished by stenciling, the use of tape, or markers. In any situation, the number and location of identification markers shall be based on the particular piping system.
The applicable [Globally Harmonized System of Classification and Labelling of Chemicals (GHS), published by the United Nations] pictogram as illustrated in Fig. 1 may be included as part of the legend. ASME A13.1-2015, § 3.1.
During the Inspection, EPA inspectors observed that the piping leading from the railcar unloading area to the storage tanks, and from the storage tanks to the process reactors, containing ethylenediamine, ethylene oxide, propylene oxide or toluene diisocyanate, was not properly marked and identified.
No legends were present to identify the chemical present in the piping, its temperature and pressure, and no arrows were present to identify the direction of flow.
Respondent’s failure to document that equipment in the process complies with recognized and generally accepted good engineering practices is a violation of
Respondent’s obligation to comply with 40 C.F.R. § 68.65(d)(2).
In failing to comply with Section 112(r)(7) of the CAA and the RMP Regulations, 40 C.F.R. § 68.65(d)(2), Respondent is subject to the assessment of penalties under Section 113(d) of the CAA, 42 U.S.C. § 7413(d).
CIVIL PENALTY
Respondent consents to the assessment of a civil penalty in the amount of FORTY-EIGHT THOUSAND FOUR HUNDRED SEVENTY-FIVE DOLLARS ($48,475) for alleged violations of Section 112(r) of the CAA.
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