EPA v. US NITROGEN LLC

Case summary

10/23/2018 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $20,377. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP. ORDER ALLEGES: BASED ON THE EPA'S COMPLIANCE MONITORING INVESTIGATION, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CODIFIED RULES GOVERNING THE ACT'S CHEMICAL ACCIDENT PREVENTION PROVISIONS, BECAUSE RESPONDENT DID NOT ADEQUATELY IMPLEMENT PROVISIONS OF 40 CFR PART 68 WHEN IT: (A) FAILED TO COMPILE WRITTEN PROCESS SAFETY INFORMATION DOCUMENTATION FOR THE TECHNOLOGY OF THE PROCESS WHICH INCLUDES AN EVALUATION OF THE CONSEQUENCES OF DEVIATION (RELATIVE TO THE PROCESS TECHNOLOGY, AS REQUIRED BY 40 CFR 68.65(c)(1)(v); (B) FAILED TO DOCUMENT THAT EQUIPMENT COMPLIES WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES AS REQUIRED BY 40 CFR SECTION 68.65(d)(2); (C) FAILED TO ESTABLISH A SYSTEM TO PROMPTLY ADDRESS THE TEAM'S FINDINGS AND RECOMMENDATIONS (OF THE PHA); ASSURE THAT THE RECOMMENDATIONS ARE RESOLVED IN A TIMELY MANNER AND THAT THE RESOLUTION IS DOCUMENTED; DOCUMENT WHAT ACTIONS ARE TO BE TAKEN; COMPLETE ACTIONS AS SOON AS POSSIBLE; DEVELOP A WRITTEN SCHEDULE OF WHEN THESE ACTIONS ARE TO BE COMPLETED; COMMUNICATE THE ACTIONS TO OPERATING, MAINTENANCE AND OTHER EMPLOYEES WHOSE WORK ASSIGNMENTS ARE IN THE PROCESS AND WHO MAY BE AFFECTED BY THE RECOMMENDATIONS OR ACTIONS AS REQUIRED BY 40 CFR SECTION 68.67(e). (D) FAILED TO 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 THAT ADDRESS CONSEQUENCES OF DEVIATION AS REQUIRED BY 40 CFR SECTION 68.69(a)(2)(i); (E) FAILED TO 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 THAT ADDRESS STEPS REQUIRED TO CORRECT OR AVOID DEVIATION AS REQUIRED BY 40 CFR SECTION 68.69(a)(2)(ii); AND (F) FAILED TO CONFIRM, FOR NEW STATIONARY SOURCES, A PHA HAS BEEN PERFORMED AND RECOMMENDATIONS HAVE BEEN RESOLVED OR IMPLEMENTED BEFORE STARTUP AS REQUIRED BY 40 CFR SECTION 68.77(b)(3).

Defendants (1)

• US NITROGEN LLCNamed in complaintNamed in settlement

Facilities (2)

• US NITROGEN LLC

  471 POTTERTOWN RD, MIDWAY, TN, 37809

  Registry ID: 110058904618

• US NITROGEN LLC

  471 POTTERTOWN RD, MIDWAY, TN, 37809

  Registry ID: 110058904618

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• US NITROGEN LLCentered 2018-10-23

  Primary law: CAA

  Federal penalty: $20,377 · SEP: $76,415

Timeline (4 milestones)

• 2018-10-23Complaint Filed/Proposed Order
• 2018-10-23Final Order Issued
• 2018-11-28Enforcement Action Data Entered
• 2018-11-29Enforcement Action Closed