EPA v. HOEGANAES CORPORATION

Case summary

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, INDICATES THAT THE VENT PIPE HAD BEEN CORRODED AND NOT INSPECTED FOR SOME TIME. RESPONDENT FAILED TO DESIGN AND MAINTAIN A SAFE FACILITY BY FAILING TO HAVE PREVENTATIVE MAINTENANCE AND A MECHANICAL INTEGRITY PROGRAM FOR THE HYDROGEN PIPING. RESPONDENT FAILED TO DESIGN AND MAINTAIN A SAFE FACILITY BY: FAILING TO HAVE WRITTEN PROCEDURES FOR LEAK DETECTION AND TESTING OF ITS HYDROGEN PIPING; FAILING TO MAINTAIN WRITTEN RECORDS OF REPAIRS AND MAINTENANCE; AND BY FAILING TO PERFORM INSPECTIONS OF ITS HYDROGEN VENT PIPING. RESPONDENT'S FAILURE TO DESIGN AND MAINTAIN A SAFE FACILITY BY NOT CONDUCTING INSPECTIONS AND TESTING, PERFORMING MAINTENANCE, AND BY FAILING TO HAVE A MECHANICAL INTEGRITY PROGRAM FOR THE HYDROGEN PIPING IS A VIOLATION OF THE GENERAL DUTY CLAUSE UNDER CAA 112(r)(1).

Defendants (1)

• HOEGANAES CORP.Named in complaintNamed in settlement

Facilities (4)

• HOEGANAES CORPORATION

  1315 AIRPORT ROAD, GALLATIN, TN, 37066

  Registry ID: 110000370134

• HOEGANAES CORPORATION

  1315 AIRPORT ROAD, GALLATIN, TN, 37066

  Registry ID: 110000370134

• HOEGANAES CORPORATION

  1315 AIRPORT ROAD, GALLATIN, TN, 37066

  Registry ID: 110000370134

• HOEGANAES CORPORATION

  1315 AIRPORT ROAD, GALLATIN, TN, 37066

  Registry ID: 110000370134

Statutes cited

• CAA 112R — General Duty/Accidental Release

Enforcement conclusions (1)

• HOEGANAES CORPORATIONentered 2018-09-18

  Primary law: CAA

  Federal penalty: $160,000

Timeline (3 milestones)

• 2018-09-18Complaint Filed/Proposed Order
• 2018-09-18Enforcement Action Data Entered
• 2018-09-18Final Order Issued