EPA has announced a settlement with a refinery, resolving alleged Clean Air Act violations. The company has agreed to pay civil penalties of $115,000 for violations of risk management program requirements associated with the storage and use of flammable substances and hazardous chemicals.
On December 15 and 16, 2011, EPA conducted an inspection of the refinery to determine compliance with section 112(r)(7) of the CAA and 40 C.F.R. Part68 (EPA inspection). During the inspection, EPA observed violations of 40 C.F.R. Part 68. The violations are:
- 40 C.F.R. § 68.67(e) provides that the owner or operator shall assure that the process hazard analysis (PHA) recommendations are resolved in a timely manner and that the resolution is documented. Recommendations from the HF Alkylation unit PHA were not resolved by the Respondent in a timely manner. This is a violation of 40 C.F.R. § 68.67(e).
- 40 C.F.R. § 68.69(a)(2)(i) provides that operating procedures shall address operating limits and the consequences of deviation from those limits. Respondent’s operating procedures for several units did not adequately identify safe upper and lower limits and consequences of deviations from those limits. This is a violation of 40 C.F.R. § 68.69(a)(2)(i).
- 40 C.F.R. § 68.73(e) provides that the owner or operator shall 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. The Respondent did not correct deficiencies with the Frozen Earth Storage Unit (FES) in a timely manner. This is a violation of 40 C.P.R. § 68.73(e).
Respondent certified in its June 25, 2012 letter to EPA that its operating procedures are current and accurate. Respondent shall submit to EPA a Certification of Compliance, demonstrating that:
- On or before February 28, 2013, or one hundred twenty (120) days after the date of the Final Order approving this CCCA, whichever is later, the following recommendations from the 2008 HF Alkylation unit PHA have been resolved and documented as such:
- #2- PSV calculation;
- #5- Installation of blind;
- #11 – laboratory procedure (can either be implemented or documented as not necessary);
- #13 – pull PSV and change setpoint to match MAWP (this may not actually require pulling the PSV but rather updating the paperwork as API allows for +1-3% on pop test);
- #14 – pull PSV and change setpoint to match MAWP (this may not actually require pulling the PSV but rather updating the paperwork as API allows for +1-3% on pop test);
- #15- monthly monitoring/inspection of the “dead leg” until such time as Respondent determines that the dead leg can be removed in a safe, effective and efficient manner, which shall be no later than the next turnaround of the HF Unit;
- #19 – re-enable alarm;
- #20 – PSV calculation;
- #21 – re-enable alarm;
- #22- re-enable alarm;
- and #32 – update start-up procedure; and
- On or before December 31, 2012, or sixty days after the date of the final order approving this CCCA, whichever is later, retain a consultant to evaluate and complete the task of ensuring that operating procedures address operating limits and the consequences of deviation from those limits.
CLICK HERE to see the EPA News Release
CLICK HERE (pdf) to see the settlement agreement