Respondent owns and operates a facility that produces synthetic rubber, styrene butadiene rubber (SBR), using a hot emulsion polymerization process. Anhydrous ammonia, 1, 3-butadiene, and acrylonitrile are each a “regulated substance” as set forth in 40 C.F.R. § 68.130. Respondent has the following processes at the stationary source:
- BD Tank Farm;
- Rubber Tank Farm;
- Utility Pump House;
- Reactor feed;
- Reactor and Blow-down;
- BD Recovery; and
- AN Recovery;
Respondent has exceeded the threshold quantity for one or more of the following regulated substances at the processes:
- ammonia (anhydrous);
- acrylonitrile [2-propenenitrile]; and
- 1,3-butadiene;
The covered processes identified are subject to the “Program 3” requirements of the Risk Management Program (RMP) regulations and must, among other things, comply with the Program 3 Prevention Program of 40 C.F.R. Part 68, Subpart D. On or about July 14- 17, 2014, EPA conducted an inspection of the Respondent’s facility.
VIOLATIONS
Count One – 40 C.F.R. § 68.69(c); Failure to document certification that operating procedures are current and accurate 40 C.F.R. § 68.69(c) provides that the operating procedures shall be reviewed as often as necessary to assure that they reflect current operating practice, including changes that result from changes in process chemicals, technology, and equipment, and changes to stationary sources. The owner or operator shall certify annually that these operating procedures arc current and accurate.
As of the date of the July 14 – 17, 2014, EPA inspection, the Respondent failed to provide annual certification for operating procedures in three of seven processes: Rubber Tank Farm, Reactor Feed, and RD Recovery Area. Therefore, the Respondent violated 40 C.F.R. § 68.69(c) by failing to provide documentation that annual certification of these operating procedures are current and accurate.
Count Two – 40 CFR § 68.95(a)(1)(ii); Failure to Documentation of proper first-aid and emergency medical treatment necessary to treat accidental human exposures in an emergency response plan.
40 CFR § 68.95(a)(1)(ii) Medical Treatment Documentation in Emergency Response Plan requires owners or operators to develop and implement an emergency response program, which “shall include the following elements: (1) An emergency response plan, which shall be maintained at the stationary source and contain at least the following elements…
(ii) Documentation of proper First-aid and emergency medical treatment necessary to treat accidental human exposures… “
Respondent’s emergency response plan, called their Contingency Plan, did not contain the documentation of proper first-aid and emergency medical treatment to treat accidental human exposures specific to the facility’s RMP chemicals as required by 40 CFR § 68.95(a)(1)(ii).
Count Three – 40 CFR § 68.95(a)(2); Failure to Implement Procedures Inspection and testing of Emergency Response Equipment 40 CFR § 68.95(a)(2) Inspection of Emergency Response Equipment requires owners or operators to develop and implement an emergency response program, including the following elements …
(2) Procedures for the use of emergency response equipment and for its inspection, testing, and maintenance … “
Respondent did not fully implement their procedures of inspections of emergency response equipment. Documentation reviewed during the inspection revealed missing monthly inspections and documentation inconsistencies.
CIVIL PENALTY
Respondent has agreed to pay a civil penalty of $8,864.22.
SUPPLEMENTAL ENVIRONMENTAL PROJECT
Respondent shall undertake the following supplemental environmental project (SEP), which the parties agree is intended to secure significant environmental or public health protection and improvement. Respondent has selected the Baton Rouge Fire Department (“BRFD”) to receive the SEP. Within two hundred seventy (270) days of the effective date of this CAFO, Respondent shall purchase, at its sole expense, 12 GETAC F110 11.6 Tablets, each with accompanying broadband access, upgrade to 8GB memory, Intel Core Upgrade, Expansion Port, vehicle adaptor, office dock, and carrying brackets for BRFD. The SEP will improve BRFD’s ability to safely respond to chemical emergencics. As such, the SEP will protect the health of BRFD’s first responders and increase the potential for reducing exposure of humans and the environment to chemical releases. Respondent is responsible for the satisfactory completion of the SEP. The total expenditure for the SEP shall be no less than Thirty Three Thousand Two hundred Forty Dollars ($33,240).
CLICK HERE for the CAFO