Process Safety Information (Pipe Labeling & Tagging)
- Document that equipment complies with recognized and generally accepted good engineering practices as required by Section 112(r)(7) of the Act, and 40 C.F.R. §68.65(d)(2).During the facility walkthrough, it was apparent that ammonia system piping and component labeling and tagging was not in conformance with IIAR Bulletin 114.
Operating Procedures (Temporary Operations, PPE, Annual Certs)
- Develop and implement written operating procedures that provide clear instructions for safely conducting activities in each covered process consistent with the process safety information and shall address at least the following elements … Steps for each operating phase, including temporary operations, as required by Section 112(r)(7) of the Act, and 40 C.F.R. §68.69(a)(1)(iii). The facility did not address steps for temporary operations as required by 40 C.F.R. §68.69(a)(1)(iii).
- Develop and implement written operating procedures that provide clear instructions for safely conducting activities in each covered process consistent with the process safety information and shall address at least the following elements … Safety and health considerations, such as precautions necessary to prevent exposure including engineering controls, and personal protective equipment, as required by Section 112(r)(7) of the Act, and 40 C.F.R. §68.69(a)(3)(ii). The facility’s operating procedures did not specify safety considerations nor did it identify personal protective equipment needs.
- Certify annually that the operating procedures are current and accurate and that procedures have been reviewed as often as necessary as required by Section 112(r)(7) of the Act, and 40 C.F.R. §68.69(c). The facility was not able to demonstrate that it is annually certifying that the operating procedures are current and accurate and have been reviewed as necessary.
Mechanical Integrity (PV inspection, RV maintenance)
- Ensure the frequency of inspections and tests of process equipment is consistent with applicable manufacturers’ recommendations, good engineering practices, and prior operating experience as required by Section 112(r)(7) of the Act, and 40 C.F.R. §68.73(d)(3).
- Although the ion exchange system ammonia storage tank has been in service since the facility’s opening (approximately 40 years), no thickness measurements have been made.
- A review of the MI information indicated that two of 318 pressure relief valves (PRVs) were overdue for replacement. “Comp. 2A/2B” were indicated as due for replacement in January 2012. Pursuant to IIAR Bulletin 110, PRVs must be replaced at least every five years.
Auditing
- Certify that the stationary source has evaluated compliance with the provisions of the prevention program at least every three years to verify that the developed procedures and practices are adequate and being followed as required by Section 112(r)(7) of the Act, and 40 C.F.R. §68.79(a). A compliance audit was due to be conducted by no later than November 2011, yet as of the time of the EPA inspection on April 4, 2012, it had not yet been conducted.
- Determine and document an appropriate response to each of the compliance audit findings and document that deficiencies have been corrected as required by Section 112(r)(7) of the Act, and 40 C.F.R.§68.79(d). The Facility provided copies of compliance audit reports from January 2006 and November 2008; however, the reports did not include determinations of appropriate responses to audit findings nor was there documentation that deficiencies had been corrected.
In consideration of Respondent’s size of business, its full compliance history and previous penalties assessed, if any, its good faith effort to comply, the duration and seriousness of the violation, the economic impact of the penalty, and other factors as justice may require, the parties enter into this ESA in order to settle the violations described above for the total penalty amount of $7,500. CLICK HERE for the pdf