EPA found that Respondent had violated regulations implementing Section 112(r) of the Act at 40 C.F.R. Part 68 by failing to comply with the regulations as noted on the enclosed Risk Management Plan Inspection Findings and Alleged Violations Summary, which is hereby incorporated by reference. In consideration of Respondent’s size of business, its full compliance history, its good-faith effort to comply, and other factors as justice may require, and upon consideration of the entire record, the parties enter into the ESA in order to settle the violations described in the enclosed Summary for the total penalty amount of $15,000.
Risk Management Program Inspection Findings and Alleged Violations Summary
PROCESS NAICS CODE: 1000056225142491
PROGRAM LEVEL: 2
REGULATED SUBSTANCE: Anhydrous Ammonia
MAX. QUANTITY IN PROCESS 168.000 (lbs)
PROCESS/NAICS CODE: 1000063238142491
PROGRAM LEVEL: 2
REGULATED SUBSTANCE: Ammonia (conc. 20% or greater)
MAX. QUANTITY IN PROCESS: 146.000 (lbs)
DESCRIPTION OF ALLEGED VIOLATIONS
Four EPA representatives and an EPA contractor inspected the fertilizer facility on August 5, 2016. Based upon this inspection the Company/facility is in violation of the following risk management program elements listed below. Specifically, at the time of inspection, the facility:
- Safety Information: the facility failed to ensure that the anhydrous ammonia storage process is designed in compliance with recognized and generally accepted good and engineering practices as required by 40 C.F.R. § 68.48(b). The pressure relief system for each anhydrous ammonia storage vessel has two dual pressure relief valves (PRV) with a two-way manifold and one PRV with two-way manifold and a capped port. The pressure relief system design does not provide adequate relief capacity when isolating a single PRV for replacement. Reference CGA-2.1-2014, 6th Ed., Requirements for the Storage and Handling of Anhydrous Ammonia, Section 5.8. Pressure relief devices .
- Operating Procedures: Written operating procedures failed to provide clear instructions or steps for safely conducting activities associated with each covered process consistent with the safety information for the process as required by 40 C.F.R. § 68.52(a).
- Company Procedures Aqueous Ammonia Production, Issue Date April 10. 2014, pg. H-5, does not address the emergency shutdown button (E-Stop) for the ammonia converter pump located at the main office in the Emergency Shutdown Procedures for the operator.
- Company Procedure Anhydrous Ammonia Delivery and Loading, Issue Date April 10, 2014, pg. H-1 to H-3, does not address an emergency shutoff button (E-Stop) for the ammonia load-out pump is located between the pressure vessels.
- Operating Procedures: facility failed to include consequences of deviations and steps required to correct or avoid deviations as required by 40 C.F.R. § 68.52(b).
- Company Procedure Anhydrous Ammonia Delivery and Loading, Procedure Aqueous Ammonia Production, and Procedure Aqueous Ammonia Delivery and Loading, Issue Date April 10, 2014, pgs. H-1 to H-8. does not include consequences of deviations and steps required to correct or avoid deviations for the operator.
- Operating Procedures: facility failed to provide equipment inspections as required by 40 C.F.R. § 68.52(c). The facility was unable to provide documentation on equipment inspections of the two-stage cooling tower aqua ammonia converter system.
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