Respondent has owned and operated a chemical manufacturing facility since at least January 2013. The facility manufactures chlorine, sodium hydroxide, solid sodium hydroxide, hydrochloric acid and calcium hypochlorite. The Facility is primarily a manufacturer of chlorine, which is produced through the electrolysis of a sodium chloride being derived from a salt vein deep under the Facility. Brine is pumped to the surface, treated, and transferred to one of three electrolysis production units. Chlorine gas is produced, dried, liquefied, and compressed. Hydrogen is created as part of the electrolysis and is used as a fuel or in the hydrochloric acid unit. On January 24, 2017, EPA inspected the Facility to determine whether Respondent complied with the RMP Regulations. Based on the observations of EPA inspectors during the Inspection, EPA has determined that Respondent has the potential to store as much as 27,000,000 pounds of the toxic chemical chlorine in the form of liquefied chlorine gas at the Facility in pressurized storage vessels, ranging in capacity from 180,000 pounds to 700,000 pounds. Based on the observations of EPA inspectors during the Inspection, EPA has also determined that the Facility produces hydrogen gas during the electrolysis process. Respondent uses as much as 88 pounds of hydrogen gas at any one time. Hydrogen, CAS No. 1333-74-0, is an extremely hazardous flammable gas, which is also listed in accordance with CAA Section 112(r)(3), 42 U.S.C. § 7412(r)(3), at 40 C.F.R. § 68.130, Table 3, and thus is a regulated substance in accordance with CAA Section 112(r)(2), 42 U.S.C. § 7412(r)(2).
The threshold quantity for chlorine is 2,500 pounds, pursuant to 40 C.F.R. § 68. 130, Table I. EPA has determined that more than a threshold quantity of a regulated substance, chlorine, is present in a process at the Facility.
Respondent is subject to the requirements of Section 112(r)(7) of the CAA, 40 C.F.R. § 7412(r)(7), and the RMP Regulations, 40 C.F.R. Part 68, at the Facility because Respondent is an owner or operator of a stationary source with more than a threshold quantity of a regulated substance, chlorine, present in a process at the Facility.
Due to its use and storage of hydrogen gas, an extremely hazardous substance under Section 112(r)(1) of the CAA, 42 U.S.C. § 7412(r)(1), Respondent is the owner and operator of a stationary source subject to the General Duty Clause and its requirements.
Risk Management Program
EPA’s Inspection revealed the following instances in which Respondent has not complied with Section 112(r)(7) of the CAA and the RMP Regulations.
Mechanical Integrity
Section 68.73(d)(2) of the RMP Regulations requires owners and operators of stationary sources to ensure that inspections and tests are performed on process equipment, including piping systems, and that the examinations and tests follow recognized and generally accepted good engineering practices. 40 C.F.R. § 68.73(d)(2).
Section 68.73(e) of the RMP Regulations requires owners and operators of stationary sources to correct deficiencies in equipment that are outside acceptable limits before further use or in a safe and timely manner when necessary means are taken to assure safe operation. 40 C.F.R. § 68.73(e).
Respondent’s February 2016 chlorine piping inspection report indicated “piping and elbows corroded, insulation damaged/unacceptable, sheathing missing/unacceptable, fasteners missing/unacceptable.” During the January 2017 Inspection, EPA inspectors observed some of the same conditions documented in Respondent’s February 2016 report.
EPA inspectors observed chlorine piping leading to the chlorine railcar loading shed at the Facility, including the Nos. 8, 10 and 11 Track Chlorine Lines.
EPA inspectors observed that the piping was not supported adequately, was sagging, and was resting on steel angle supports; areas of piping were missing insulation and exhibited frost and rust; frost was visible on the insulation itself, which is a possible indication of vapor barrier failure and/or corrosion under the insulation; and elbows were covered with painter’s tape.
The term ” recognized and generally accepted good engineering practices” means practices as outlined in standards such as:
- Chlorine Institute, Pamphlet 6, Piping Systems for Dry Chlorine, 16th ed. (March 2013) (“CI Pamphlet 6”);
- Manufacturers Standardization Society of the Valve and Fittings Industry, Inc., Standard Practice 58, Pipe Hangers and Supports – Materials, Design, Manufacture, Selection, Application, and Installation (2009) (“MSS SP-58-2009”);
- American Society of Mechanical Engineers, Code for Pressure Piping, (2008) (“ASME 831.3-2008”); and
- American Petroleum Institute 570, Piping Inspection Code: In-service Inspection, Rating, Repair and Alteration of Piping Systems, 3d ed. (Nov 2009) (“API 570”).
Section 10 of CI Pamphlet 6 sets the safety standards applicable to the condition of chlorine piping as follows:
- Piping should be adequately supported to prevent sagging and resting on structural steel. … Piping should be supported with hangers or pipe shoes that do not allow the metal to metal wear or corrosion. CI Pamphlet 6, § 10.2
- Insulation must provide a sufficient moisture barrier to prevent corrosion under the insulation. CI Pamphlet 6, § 10.8
The scope of MSS SP-58-2009 includes the recommended practice for the “selection and application of pipe hangers and supports for all service temperatures” and for the “detailing, fabrication and installation of pipe hangers and supports.” MSS SP-58-2009, § 1.4, 1.5. Section 5 addresses piping systems and includes the required support spacing for each type of piping system and insulation, to prevent sagging. See MSS SP-58-2009, at§ 5, Tables A3 and 4.
Industry code ASME B.31.3-2008 sets forth engineering requirements deemed necessary for the safe design and construction of piping installations. ASME B31.3, Chapter I, 300(c)(1). The “layout and design of piping and its supporting elements shall be directed toward preventing … excessive stresses in the supporting (or restraining) elements… ” ASME B31.3-2008, § 321.1.1.
Section 5.5.4 of API 570 provides that external inspection is performed “to determine the condition of the outside of the piping, insulation system, painting and coating systems, and associated hardware; and to check for signs of misalignment, vibration, and leakage.” Further, external inspections shall include surveys for the conditions of piping hangars and supports, including “improper restraint conditions.” Id. In addition, API 570 provides that “piping shall be supported and guided, so that: a) its weight is carried safely, b) it has sufficient flexibility for thermal expansion or contraction, and c) it does not vibrate excessively.”
API 570, § 7.5.
The condition of the chlorine piping at the Facility during the January 2017 Inspection, with its sagging pipes, pipes resting on steel supports, corroded elbows, damaged insulation, missing protective shields, and missing fasteners, is contrary to acceptable limits, as defined in CI Pamphlet 6, MSS SP-58-2009, ASME 8 31.3-2008, and API 570.
According to information provided by Respondent to EPA since the EPA Inspection, Respondent identified four action items regarding piping corrosion during its February 2016 piping inspection, had addressed some of the items by the time of EPA’s January 2017 Inspection, and has discussed the remaining action items. Respondent intends to address corrosion issues Facility-wide through scheduled inspections according to an action plan to be developed, consistent with CI Pamphlet 6, MSS SP-58-2009, ASME B31.3 -2008, and API 570.
According to information provided by Respondent, Respondent has developed an action plan to repair the chlorine piping that is sagging and resting on steel angle supports. As part of this action plan, Respondent intends to review engineering standards and revise piping inspection forms as needed to comply with CI Pamphlet 6 regarding piping supports; train inspectors on requirements; complete a Facility-wide assessment of the chlorine piping for sagging and support issues, and prepare a schedule to repair deficiencies.
Process Safety – Labeling of Chlorine Piping
Under the RMP Regulations, owners or operators of stationary sources must compile and maintain up-to-date safety information related to the regulated substances, processes, and equipment, including codes and standards used to design, build, and operate the process. See 40 C.F.R. § 68.48(a). Further, owners or operators must ensure that the process is outlined in compliance with recognized and generally accepted good engineering practices. See 40 C.F.R. § 68.48(b).
The two relevant “recognized and generally accepted good engineering practices” that should be consulted for the purpose of designing a program to meet the requirements of 40 C.F .R. § 68.48(b) for labeling of piping include the following:
- American Society of Mechanical Engineers A13.I-2007, Scheme/or the Identification of Piping Systems (“ASME Al 3. 1 “); and
- National Fire Protection Association 55, Handling of Compressed Gases and Cryogenic Fluids in Portable and Stationary Containers, Cylinders, and Tanks (2005 ed.) (“NFPA 55”).
Industry standard ASME A13.1-2007 provides that pipes containing hazardous materials must have legends:
This Standard considers a legend to be primary and explicit for identification of contents. 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 displaced. A legend shall identify contents with sufficient additional details such as temperature, pressure, etc. as are necessary to identify the hazard ….
Legends shall be applied closer 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 sufficiently 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.
ASME A13.1, §3.1
The other industry standard, NFPA 55, in the section dealing with compressed gases in piping systems, cross-references ASME 13.1-2007, providing that, except for piping with gas manufacturing plants, gas processing plants, refineries, and similar occupancies, “piping systems shall be marked in accordance with ASME 13. 1-2007.” Section 7.1.3.4 ofNFPA 55 further provides:
(1) Markings shall include the name of the gas and a direction of flow arrow.
(2) Piping that is used to convey more than one gas at various times shall be marked to provide precise identification and warning of the hazard.
(3) Markings for piping systems shall be presented at the following locations:
(a) At each critical process control valve
(b) At the wall, floor, or ceiling penetrations
(c) At each change in direction
(d) At a minimum of every 20 ft (6.1 m) or fraction thereof throughout the piping run.
During the inspection, EPA inspectors observed that the chlorine piping was not marked with any legends.
According to information provided by Respondent, Respondent intends to develop written procedures to establish a conventional system for the identification and labeling of hazardous materials conveyed in-plant piping systems, and to complete labeling of chlorine piping Facility-wide according to the established company procedure in accordance with ASME A13.1 and NFPA 55.
General Duty Clause
EPA’s Inspection revealed the following instance in which Respondent has not complied with the obligation under Section l 12(r)(l) of the CAA to design and maintain a safe facility taking such steps as are necessary to prevent accidental releases.
Labeling of Hydrogen Piping
As the owner and operator of a stationary source, concerning the use and storage of hydrogen gas, Respondent has a duty under the General Duty Clause, Section 112(r)(1) of the CAA, 42 U.S.C. § 7412(r)(l), to design and maintain a safe facility to prevent the accidental release of this hazardous chemical to the air.
The relevant industry standard is National Fire Protection Association 2, Hydrogen Technologies Code, 2016 edition (“NFPA 2”). Chapter 7 of NFPA 2 contains a cross-reference to ASME A13.1 and the same exception for gas processing plants et al., in the subsection dealing with piping systems, and states:
(1) Markings shall include the name of the gas and a direction-of-flow arrow.
(2) Piping that is used to convey more than one gas at various times shall be marked to provide precise identification and warning of the hazard.
(3) Markings for piping systems shall be presented at the following locations:
(a) At each critical process control valve
(b) At wall, floor, or ceiling penetrations
(c) At each change in direction
(d) At a minimum of every 20 ft (6.1 m) or fraction thereof throughout the piping run.
NFPA 2, § 7.1.6.6
During the CAA Inspection, EPA inspectors observed that the hydrogen piping was not marked with any legends, which is not compatible with industry codes and standards. According to information provided by Respondent, Respondent intends on completing its labeling of hydrogen piping Facility-wide under an action plan, consistent with NFPA 2.
FINDINGS OF VIOLATION
- Respondent’s failure to ensure the integrity of its chlorine piping by timely addressing unacceptable piping conditions to correct deficiencies that are outside acceptable limits is a violation of the mechanical integrity provisions of the RMP Regulations, 40 C.F.R. § 68.73(e).
- Respondent’s failure to label the chlorine piping as outlined in recognized and generally accepted good engineering practices is a violation of the process safety requirements in the RMP Regulations, 40 C.F.R. § 68.65(d)(2).
- Respondent violated the requirements of Section 112(r)( l) of the CAA, 42 U.S.C. § 741 2(r)(l ), to design and maintain a safe facility to prevent accidental releases of hazardous substances by failing to label the hydrogen piping at the Facility to provide the level of protection identified in industry standards.
ORDER
Respondent shall comply with the following requirements (the “Work”):
- Within thirty (30) days of the effective date of this Order, identify a person, subject to acceptance by EPA, competent to undertake the Work specified herein;
- Within forty-five (45) days of receipt of EPA’s written acceptance of the person competent to undertake the Work, Respondent shall submit to EPA for approval a work plan and schedule (“Work Plan and Schedule”) for the implementation of improvements to the Facility to address the conditions described in Paragraphs 33 through 54, above. The Work shall be consistent with the safety protection provided by the industry standards CI Pamphlet 6, ASME B.31.3-2008, MSS SP-58-2009, API 570, ASME A13.1-2007, NFPA 55, and NFPA 2.
- EPA will review the Work Plan and Schedule and either approve it in writing or request in writing that Respondent make changes and resubmit to EPA for approval the Work Plan and Schedule within thirty (30) days of EPA’s written request to do so.
- Within thirty (30) days of receipt of EPA’s final written approval of the Work Plan and Schedule submitted pursuant to Subparagraph 59.b above, or resubmitted in accordance with Subparagraph 59.c above, Respondent shall proceed to initiate and after that implement the EPA-approved Work Plan in accordance with the EPA-approved Schedule.
- Within thirty (30) days after completing the Work at the Facility in accordance with the EPA-approved Work Plan and Schedule, Respondent shall submit to EPA, for EPA’s approval, a final report which verifies that Respondent has complied with the requirements of Subparagraph 59.d (the “Final Report”).
- EPA will review the Final Report submitted pursuant to Subparagraph 59.e., above, and will either approve it in writing or identify deficiencies in writing (“Notice of Work Deficiencies”) and direct Respondent to correct and/or re-perform any Work disapproved by EPA and resubmit the Final Report, for EPA approval, within thirty (30) days of receiving the Notice of Work Deficiencies.
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