OSHA has cited a texas chemical company for exposing employees to workplace safety and health hazards after a fire and explosion at the plant in November 2019. The company faces $514,692 in fines. OSHA opened an investigation after vapor formed at the base of a butadiene finishing tower ignited and caused several explosions and fires. OSHA cited the facility for three willful violations for failing to develop and implement procedures for emergency shutdown, and inspect and test process vessel and piping components.
Here is a breakdown of the citations:
Citation 1 Item 1
Type of Violation: Serious; $13,494
29 CPR 1910.119(f)(1): The employer did not develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with the process safety information;
(a) On or about 11/27/2019 and times prior to, the employer failed to develop written operating procedures that provided clear instructions for using the bleed valve of the inlet piping to the S4D4 control valve (FV-3718) to unplug/clear the bottom pipe plugged because of polymer including popcorn polymer
(b) On or about 11/27/2019 and times prior to, the employer failed to develop written operating procedures that provided clear instructions for using the bleed valve of the inlet piping to the N4D7 control valve (FV-3618) to unplug/clear the inlet pipe plugged because of polymer including popcorn polymer
(c) On or about 11/27/2019 and times prior to, the employer failed to develop written operating procedures that provided clear instructions for using the bleed valve of the inlet piping to the S4D4 Reflux control valve (FV-3706 / HV-3705) to unplug/clear the reflux pipe plugged because of polymer including popcorn polymer
(d) On or about 11/27/2019 and times prior to, the employer failed to develop written operating procedures that provided clear instructions for throttling the steam turbine pump (6G75) that feeds the N4D7A column due to the control valve (FV-3601) being plugged with polymer including popcorn polymer.
(e) On or about 11/27/2019 and times prior to, the employer failed to develop written operating procedures that provided clear instructions for throttling the steam turbine pump (S4G8) to maintain reflux on S4D4A tower due to the control valve (FC-3706) being plugged with polymer including popcorn polymer.
Citation 1 Item 2
Type of Violation: Serious; $9,639
29 CPR 1910.119(g)(3): The employer failed to ascertain that each employee involved in operating a process has received and understood the training required by this paragraph. The employer did not prepare a record that contained the identity of the employee, the date of the training, and the means to verify that the employee understood the training:
(a) On or about 11/27/2019 and times prior to, the employer failed to provide documentation that ascertained that operators have been trained in the S4D4 bottom temporary filters free-up procedure
(b) On or about 11/27/2019 and times prior to, the employer failed to provide documentation that ascertained that operators have been trained in the N4D7 bottom temporary filters free-up procedure
Citation 1 Item 3
Type of Violation: Serious; $9,639
29 CFR 1910.119(i)(2)(ii): The employer did not perform a pre-startup safety review to confirm that operating procedures were adequate when the modification was significant enough to require a change in process safety information:
(a) On or about 11/27/2019 and times prior to, the employer did not perform a pre-startup safety review to confirm that the S4D4 Shutdown procedure was adequate.
(b) On or about 11/27/2019 and times prior to, the employer did not perform a pre-startup safety review to confirm that the N4D7 Operating Guidelines Post Fractionation Service Procedure (Rev. 10/4/2011) was adequate.
Citation 1 Item 4
Type of Violation: Serious; $13,494
29 CFR 1910.119(j)(4)(i): The employer did not perform inspection and tests on process equipment:
On or about 11/27/2019 and times prior to, the employer did not perform inspection and tests on process equipment for the South and North MTBE units to include:
a) S4D2 MTBE South tower
b) N4D2 MTBE North tower
Citation 1 Item 5
Type of Violation: Serious; $9,639
29 CFR 1910.119(j)(4)(iv): The employer did not document each inspection and test was performed on process equipment.
(a) On or about 11/27/2019 and times prior to, the employer failed to document the inspections and tests performed on S4D4B tower.
Citation 1 Item 6
Type of Violation: Serious; $13,494
29 CFR 1910.119(j)(5): The employer did not correct deficiencies in equipment that were outside acceptable limits ( defined by the process safety information on paragraph (d) of this section) before further use.
(a) On or about 11/27/2019 and times prior to, the employer failed to correct deficiencies in the 1-2 Butadiene analyzer AI3776 for S4D4 B tower.
Citation 1 Item 7
Type of Violation: Serious; $13,494
29 CFR 1910.119(l)(1): The employer did not implement procedures to manage changes to process chemicals, technology, equipment, and procedures, and changes to facilities that affect a covered process:
(a) On or about 11/27/2019 and times prior to, the employer did not implement MOC-4297 which required blinding and or air-gapping the North MTBE section to remove from service.
(b) On or about 11/27/2019 and times prior to, the employer did not implement MOC-3739 which required complete isolation of N4D2, N4F1 and N4F2 and related equipment from all energy sources (hydrocarbon and utilities).
The alleged violations below have been grouped because they involve similar or related hazards that may increase the potential for injury or illness.
Citation 1 Item 8a
Type of Violation: Serious; $13,494
29 CFR 1910.119(l)(2)(ii): The employer did not ensure that the management of change addressed the impact of the change on safety and health:
(a) On or about 11/27/2019 and times prior to, the employer failed to address the safety and health impact of the change implemented through MOC-4594 – Install basket strainers at S4D4B bottoms to segregated crude.
(b) On or about 11/27/2019 and times prior to, the employer failed to address the safety and health impact of the change implemented through MOC-4602 – Install temporary basket strainers between the bottoms of N4D7B tower and N4D8 feed.
Citation 1 Item 8b
Type of Violation: Serious
29 CFR 1910.134(d)(1)(iii): The employer did not identify and evaluate the respiratory hazard in the workplace; including a reasonable estimate of employee exposures to respiratory hazards and identification of the contaminants chemical state and physical form:
(a) On or about 11/27/2019 and times prior to, the employer did not make a reasonable assessment of the respiratory hazards of the exposure to butadiene before instructing employees to change out filters from the bottom of the S4D4 tower.
(b) On or about 11/27/2019 and times prior to, the employer did not make a reasonable assessment of the respiratory hazards of the exposure to butadiene before instructing employees to change out filters from the bottom of the N4D7 tower.
Citation 1 Item 9
Type of Violation: Serious; $13,494
29 CFR 1910.119(n): The employer did not implement an emergency plan for the entire plant in accordance with the provisions of29 CFR 1910.38:
(a) On or about 11/27/2019, the employer did not activate the alarm to initiate evacuation for a butadiene release in the south 4 group.
Citation 2 Item 1
Type of Violation: Willful; $134,937
29 CFR 1910.119(f)(1): The employer failed to implement written operating procedures for safely conducting activities involved in each covered process:
(a) On or about 11/27/2019 and times prior to, the employer failed to implement its Dead Legs in High Purity Butadiene Service procedure to avoid a dead leg on the suction line of the S4G7 pump by flushing and/or by performing the required pump rotation, while the pump was down for maintenance.
Citation 2 Item 2
Type of Violation: Willful; $134,937
29 CFR 1910.119(f)(1)(i)(D): The employer did not develop written operating procedures that provide clear instructions for Emergency shutdown including the conditions under which emergency shutdown is required, and the assignment of shutdown responsibility to qualified operators to ensure that emergency shutdown is executed in a safe and timely manner;
(a) On or about 11/27/2019 and times prior to, the employer’s S4D4A/B Emergency Shutdown Procedure (Rev. 11/23/2011) did not provide employees with the conditions under which emergency shutdown is required for the S4D4A/B tower
(b) On or about 11/27/2019 and times prior to, the employer’s N4D7 Emergency Shutdown procedure (Rev. 10/4/2011) did not provide employees with the conditions under which emergency shutdown is required for the N4D7 tower
(c) On or about 11/27/2019 and times prior to, the employer’s S2D 1 Emergency Shutdown Procedure (Rev. 10/1/2011) did not provide employees with the conditions under which emergency shutdown is required for the S2D 1 tower
Citation 2 Item 3
Type of Violation: Willful; $134,937
29 CFR 1910.119(j)(5): The employer did not correct deficiencies in equipment that were outside acceptable limits (defined by the process safety information on paragraph (d) of this section) before further use and did not take necessary means to assure safe operation:
(a) On or about 11/27/2019 and times prior to, employees operating the south 4 group and north unit distillation towers including S4D4A/B and N4D7A/B were exposed to fire and explosion hazards when operating the units equipment outside acceptable limits as a result of the presence of polymer including crystalline popcorn polymer.
-In the Alternative-
OSH ACT of 1970 Section (5)(a)(1): The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees due to fire and explosion hazards:
(a) On or about 11/27/2019 and times prior to, employees operating the south 4 group and north unit distillation towers including S4D4A/B and N4D7A/B were exposed to fire and explosion hazards following a release of highly hazardous chemical as a result of the presence of polymer including crystalline popcorn polymer.
Among other methods, a feasible and acceptable abatement method to correct these hazards are to:
1. Follow the American Chemistry Council (2019) (Butadiene Popcorn Polymer Formation: Prevention/Control – Page 34) recommendations of ways to remove popcorn polymer from a unit to include:
(i) Mechanical means such as Chipping or hydro-blasting
CLICK HERE for the Citations