Respondent is the owner and/or operator of an Oil Refinery which uses, handles, and/or stores more than a threshold quantity of Flammable Mixture and Hydrogen fluoride/Hydrofluoric acid, which are regulated substances, as specified at 40 C.F.R. §§ 68.115 and 68.130. The EPA conducted an inspection of the Facility from August 15 to August 18, 2016, to assess compliance with 40 C.F.R. part 68. During the inspection, the EPA representative observed alleged violations of 40 C.F.R. part 68. The alleged violations identified in the inspection that remain uncorrected are described below.
40 C.F.R. § 68.73(d)(1) provides that inspections and tests shall be performed on process equipment.
- Respondent failed to test piping at established CMLs (Corrosion/Condition Monitoring Locations). This is not an acceptable practice per Respondent’s procedure EP 15-4-2, In-Plant Inspection of Existing Piping Systems and API 570, Piping Inspection Code: Inspection, Repair, Alteration, and Rerating of In-service Piping Systems. By failing to test piping at established CMLs, Respondent violated 40 C.F.R. § 68.73(d)(1).
- Respondent failed to perform an internal inspection on D-914 (North Flare Knock Out Drum) per API 510, Pressure Vessel Inspection Code: In-Service Inspection. Rating, Repair, and Alteration and Respondent’s procedure EP 15-4-3, In-Plant Inspection of Existing Pressure Vessels. By failing to perform an internal inspection on D-914, Respondent violated 40 C.F.R. § 68.73(d)(1).
- Respondent failed to perform an internal inspection on E-616D (Unifier Exchanger) per API 510. Pressure Vessel Inspection Code: In-Service Inspection, Rating, Repair, and Alteration and Respondent’s procedure EP 15-4-3, In-Plant Inspection of Existing Pressure Vessels. By failing to perform an internal inspection on E-616D , Respondent violated 40 C.F.R. § 68.73(d)(1).
Based upon the foregoing Findings by the EPA, it is hereby ordered and agreed that Respondent shall comply with the requirements of section 112(r) of the CAA, 42 U.S.C. § 7412(r), and the regulations promulgated thereunder and codified at 40 C.F.R. part 68. Specifically, the EPA and Respondent agree that Respondent shall, as expeditiously as possible, but in no event later than September 15, 2020 , correct the violations alleged above.
Within 15 days of completion of all actions identified in paragraph 17, Respondent shall provide the EPA with a notification that the actions have been completed. The notification of completion required by paragraph 18 of this Order shall also contain the following certification signed by an officer of Respondent:
I certify under penalty of law that I have examined and am familiar with the information submitted in this document and all attachments and that, based upon my inquiry of those individuals immediately responsible for obtaining the information, the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment. (Signature and date)
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