MAY 28, 2025 - CONSENT AGREEMENT
On May 3, 2023, the EPA issued to Respondent a Notice of Potential Violation and Opportunity to Confer ( NOPVOC ), providing notice that the EPA found that Respondent potentially committed the alleged violations described in Section V of this Agreement and providing Respondent an opportunity to confer with the EPA. On September 19, 2023, and January 17, 2024, representatives of Respondent
and the EPA held meetings to discuss the NOPVOC.
On August 30 through September 1, 2022, the 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.
At the time of the inspection, EPA observed the following:
a. The equipment in the field did not match the piping & instrument diagrams (P&IDs).
b. The anhydrous ammonia piping in the C-Grade storage area was not labeled to indicate contents, direction of flow, physical state (i.e., liquid or vapor), or pressure level (i.e., high or low). Section 3.1 of American Society of Mechanical Engineers (ASME) A13.1 (2015) states, Positive identification of the contents of a piping system shall be by lettered legend, giving the name of the contents in full or abbreviated form ... Arrows shall be used to indicate direction of flow. Where flow can be in both directi