On May 17,2012, EPA conducted an inspection of an Ethanol plant located in Wyoming to determine compliance with CAA section 112(r)(7). During the EPA inspection, the EPA representatives observed alleged violations of the CAA section 112(r)(7). The alleged violations were:
Process Safety Information
40 C.F.R. § 68.48 - owner or operator did not compile and maintain up-to-date safety information related to the regulated substances, processes, and equipment. The following required safety information was not available during the EPA inspection:
- Safe upper and lower limits had not been compiled for the covered process (denaturant). This is a violation of 40 C.F.R. § 68.48(a)(3).
- Equipment specifications had not been compiled and maintained for the denaturant process vessels, TK-7 and TK-8. This is a violation of40 C.F.R. § 68.48(a)(4).
- The required National Fire Protection Association (NFPA) labels were not installed on vessels TK-7 and TK-8. This is a violation of 40 C.F .R. § 68.48(b).
Process Hazards Analysis
40 C.F.R. § 68.50 - owner or operator did not conduct a review of the hazards associated with the regulated substances, process, and procedures. This review shall include the hazards associated with process and regulated substances; safeguards used or needed to control the hazards or prevent equipment malfunction or human error, and; for processes designed to meet industry standards, a determination, by inspecting all equipment, whether the process is designed, fabricated and operated in accordance with the applicable standards or rules. The required Hazard Review did not include hazards associated with fire, did not identify safeguards, and did not address if the process is designed, fabricated, and operated in accordance with the applicable standards or rules. This is a violation of 40 C.F.R. § 68.50.
40 C.F.R. § 68.56 - owner or operator did not prepare and implement procedures to maintain the on-going mechanical integrity of the process equipment. This
includes preparing and implementing written procedures, performing inspections and tests on process equipment, and training each employee involved in the on-going mechanical integrity of the process in the procedures applicable to the employee's job tasks.
- The maintenance program did not include updated records for the calibration of the multi-gas monitor and did not ensure that inspections and tests on process equipment were in accordance with recognized and generally accepted good engineering practices (RAGAGEP).
- Respondent also did not have written mechanical integrity procedures in place to be used by employees involved in the inspection and maintenance of process vessels. This is a violation of 40 C.F.R. § 68.56.
40 C.F.R. § 68.58 - provides that the operator or owner shall certify that compliance audits are conducted at least every three years to verify that the procedures and practices are adequate and are being followed. Respondent did not have the required compliance audits documented and available
for review during the EPA inspection. This is a violation of40 C.F.R. § 68.58.
Respondent consents and agrees to pay a civil penalty in the amount of thirty thousand dollars ($30,000).
CLICK HERE (pdf) to see the agreement.