EPA v. BRENNTAG MID-SOUTH, INC.,

Case summary

MAY 19, 2025 - CONSENT AGREEMENT On August 10, 2023, EPA conducted an on-site inspection of the RMProgram related records and equipment for the purpose of assessing the Respondent's compliance with the RMProgram requirements and the implemented recognized and generally accepted good engineering practices (RAGAGEP) for its covered process at its Facility. (a) EPA inspection team observed that the pipes around the two 30,000-gallon ammonia tanks and the sulfur dioxide tank were not consistently labeled. Some pipes were labeled with direction of flow, but many lacked labels identifying their contents. The ammonia piping should be labeled/colored in accordance with the Pipe Marking Guide, American National Standard Institute/American Society of Mechanical Engineers (ANSI/ASME) Al3.1- 2007 Standard for the Identification of Pipes. The standard requires labels of a certain color, depending on the type of material in the pipes, and that the labels identify the contents and direction of flow of said contents. (b) Facility representatives provided EPA inspection team with inspection reports for Ammonia Tanks AA-1 and AA-2. The reports were generated from external inspections and ultrasonic (UT) testing that were conducted on the two 30,000-gallon ammonia tanks on November 02, 2021, by a third-party company, Applied Technical Services. The results from the tests indicate the thickness is below the minimum allowable value on three components for each ammonia tank. Multiple shell and head readings were at or below the required minimum thickness. Pitting was present throughout the exterior ranging from 1/32 - 1/1611 Respondent did not take action to address the results of the November 2, 2021, UT testing on the Ammonia Tanks AA-1and AA-2 until after EPA's RMP inspection on August 10, 2023, when facility representatives reached out to another contractor, PK Mechanical LLC {PK), to assist with determining if a re-rate of the vessels would be acceptable for the two ammonia tanks. On September 7, 2023, Respondent provided EPA with a document labeled Memorandum for Record: Mechanical Integrity. The document states: PK conducted calculations and determined that re-rating our tanks to allowable stress values of the latest ASME design code (rather than the original ASME design code - ASME Sec VIII Div. 11993 Edition w/ Winter 1984 Addenda) would be safe....PK Mechanical is submitting a formal request for re-rate on our behalf. After official review and pressure testing of vessels, the tanks will be officially re-rated to new allowable stress values. On June 4, 2024, EPA issued to Respondent a Notice of Potential Violation and Opportunity to Confer { NOPVOC ), providing notice that EPA found that Respondent potentially committed the alleged violations described in Section V of this Consent Agreement and providing Respondent an opportunity to confer with EPA. On December 10, 2024, representatives of Respondent and EPA held a meeting to discuss the NOPVOC. Based on EPA's compliance monitoring investigation, EPA alleges that the Respondent violated 40 C.F.R. Part 68, the codified rules governing the Act's Chemical Accident Prevention Provisions and Section 112{r) of the Act, 42 U.S.C. ? 7412(r). Respondent agrees to a civil penalty in the amount of $105,144 ( Assessed Penalty ), to be paid within thirty (30) calendar days after the Effective Date of this CAFO.

Defendants (1)

• BRENNTAG MID-SOUTH, INC.Named in complaintNamed in settlement

Facilities (1)

• BRENNTAG MID-SOUTH INC

  1405 KY-136, HENDERSON, KY, 42420-9662

  Registry ID: 110056962274

Statutes cited

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

Enforcement conclusions (1)

• BRENNTAG MID-SOUTH, INC.,entered 2025-05-19

  Primary law: CAA

  Federal penalty: $105,144

Timeline (4 milestones)

• 2025-05-19Final Order Issued
• 2025-05-19Complaint Filed/Proposed Order
• 2025-06-10Enforcement Action Data Entered
• 2025-06-18Enforcement Action Closed