Respondent owns and operates a chemical plant to produce many grades of high density polyethylene (HDPE). On August 2, 2015, Respondent identified a release of hexane into the adjacent facility to Respondent cooling water system and released to atmosphere. The cause was due to two of 658 “U” tubes from the LHC Tails Cooler failed due to fretting (wearing away) at the baffle hole contact point. Respondent estimated that 154,000 pounds of hexane was released to the cooling water system and released to the atmosphere over an 11 day period, from July 22 to August 2 when the leak was identified and the cooler was isolated. The time of the leak was determined by an investigation after the leak was isolated. The fretting was caused by water flow induced vibration which compromised the support of the tubes at the baffle holes due to corrosion of the carbon steel baffles.
Respondent did not design and maintain a safe facility by failing to ensure that water flow induced vibration did not fret the 658 “U” tubes at the baffle hole contact point.
Pursuant to section 112(r)(1) of the CAA, 42 U.S.C. § 7412(r)(l), an owner/operator of a stationary source producing, processing, handling or storing substances listed pursuant to section 112(r)(3) of the CAA, 42 U.S.C. § 7412(r)(3), or any other extremely hazardous substance, has a general duty to:
(1) identify hazards which may result from accidental releases of such substances using appropriate hazard assessment techniques;
(2) design and maintain a safe facility, taking such steps as are necessary to prevent releases; and
(3) minimize the consequences of accidental releases that do occur.
At the Facility, Respondent produces, processes, handles, or stores substances listed in, or pursuant to, CAA § 112(r)(3) or other extremely hazardous substances identified as such due to toxicity, reactivity, flammability, volatility, or corosivity.
Respondent failed to design and maintain a safe facility and did not take such necessary steps to prevent accidental releases of hexane from the LBC Tails Cooler.
Respondent’s failure constitutes a violation of the general duty clause in section 112(r)(1) of the CAA.
TERMS OF SETTLEMENT
With consideration of the size of the Respondent’s business, the economic impact of the penalty on the Respondent’s business, the Respondent’s full compliance history and good faith efforts to comply, the duration of the violation, payment by Respondent of penalties previously assessed for the same violation (if any), the economic benefit of noncompliance, and the seriousness of the violation, as well as other factors which justice may require, EPA and Respondent agree that an appropriate penalty to settle this matter is $37,500.00 (thirty seven thousand five hundred dollars).