9/18/18 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $160,000, DUE WITHIN 30 DAYS.
ALLEGATIONS:
FAILURE TO IDENTIFY HAZARDS WHICH RESULT FROM ACCIDENTAL RELEASES OF HYDROGEN -
PURSUANT OT GENERAL DUTY CLAUSE, SECTION 112(r)(1) OF THE CAA, RESPONDENT HAD A DUTY TO IDENTIFY HAZARDS WHICH MAY RESULT FROM ACCIDENTAL RELEASES OF ANY SUBSTANCE LISTED UNDER 40 CFR 68.130 OR ANY OTHER EXTREMELY HAZARDOUS SUBSTANCE SUCH AS HYDROGEN, USING APPROPRIATE HAZARD ASSESSMENT TECHNIQUES.
RESPONDENT PREPARED A HAZARD AND OPERABILITY PLAN (HAZOP) DATED SEP 16, 1998, FOR THE PIPING IN HYDROGEN SERVICE AT THE FACILITY, WHICH IDENTIFIED CORROSION/EROSION, SERVICE FAILURE AND LACK OF MAINTENANCE AS POTENTIAL PROBLEMS. HOWEVER THE HAZOP FAILED TO IDENTIFY ANY HAZARDS ASSOCIATED WITH HYDROGEN VENT PIPES.
RESPONDENT'S FAILURE TO IDENTIFY HAZARDS ASSOCIATED WITH HYDROGEN VENT PIPES IS A VIOLATION OF THE GENERAL DUTY CLAUSE UNDER CAA 112(r)(1).
FAILURE TO DESIGN AND MAINTAIN A SAFE FACILITY TAKING NECESSARY STEPS TO PREVENT ACCIDENTAL RELEASES OF HYDROGEN -
PURSUANT TO THE GENERAL DUTY CLAUSE, RESPONDENT HAD A DUTY TO DESIGN AND MAINTAIN A SAFE FACILITY, TAKING SUCH STEPS AS ARE NECESSARY TO PREVENT RELEASES.
RESPONDENT FAILED TO PROVIDE ANY RECORDS OF INSPECTIONS OR ANY INSPECTION SCHEDULES OF THE HYDROGEN PIPING. THE CONDITION OF THE HYDROGEN VENT PIPE AFTER THE MAY 27, 2011, EXPLOSION, INCLUDING THE PRESENCE , POST EXPLOSION, OF A 3 BY 8 INCH HOLE IN THE VENT PIPE, INDICAT