Document 6bevwQQd3Gn8mKBrLd7K3o7Md

Clean Air Act - Section 112(r) Risk Management Program and EPCRA 312 - Tier II Facility Desk Audit Report FACILITY INFORMATION: Name: Tessenderlo Kerley, Inc. Burley Facility Physical Address: 480 South, 260 West Burley, Idaho 83318 Phone Number: (602) 889-8300 Latitude/Longitude: 42.463800, -113.845573 EPA Facility ID# 1000 0001 6902 CONTACT INFORMATION (RMP Implementation): Name: Rick Hieb, Plant Manager Phone Number: (208) 650-0399 E-mail: rick.hieb@tkinet.com EMERGENCY CONTACT INFORMATION: Name: Rick Hieb Phone (24-hr): (208) 650-0399 E-mail: rick.hieb@tkinet.com Website: https://www.tkinet.com/en AUDIT DETAILS: Contact Date: August 24, 2022 Inspector: Edward Johannes, US EPA Region 10 SEE Grantee, Lead RMP Inspector DATE AND PROGRAM LEVELS OF SUBMITTED RMP: Initial Submission Date: May 28, 1999 Date of Latest Update: May 16, 2019 Process (Program 1, 2, 3) as reported in RMP: Process ID 1000098349 1000098349 Description Pesticide and other Agricultural Manufacturing Pesticide and other Agricultural Manufacturing Process Chemical ID 1000123368 1000123369 NAICS Code 32532 Program Level 3 Chemical Name CAS Number Carbon disulfide (75-15-0) Quantity (lbs) 4,500,000 32532 3 Methylamine 990,000 [Methanamine] (74-89-5) PURPOSE: The purpose of this document review was to determine whether this facility is in compliance with Section 112(r) of the Clean Air Act and Title 40 Code of Federal Regulations (CFR) Part 68, Chemical Accident Prevention Provisions and compliance with Section 312 of the Emergency Planning and Community Right to Know Act (EPCRA) which requires the Tier II Chemical Inventory Reports to be submitted annually. EPA Region 10 RMP inspectors are conducting offsite compliance monitoring when warranted for the RMP facility. The facility has been previously inspected in the past 5 years: If Yes, Date of Last Inspection: No Yes Page 1 of 5  Is the emergency contact information current? The facility is High Risk: Joint EPCRA inspection: No No No Yes Yes Yes CAA Title V Air Permit: Does the facility have a CAA Title V Permit? If Yes, Permit Number: No Yes RELEASE/ACCIDENT HISTORY: Did the facility have a reportable release in the past 5 years? If Yes, Date and Description of the Release: No Yes EPCRA TIER II REPORTING: Did the facility submit their 2021 Tier II report to the SERC? If Yes, Date the Tier II was submitted: February 17, 2022 If No, calendar year of the most recent Tier II: No Yes Did the facility submit a Tier II to the LEPC and local fire department? No Yes If Yes, Date the Tier II was submitted: February 22, 2022, to LEPC and October 28, 2022, to FD. GENERAL INFORMATION: The facility is regulated under the Risk Management Program as a Program Level 3 process and is owned and operated by Tessenderlo Kerley, Inc. (TKI). The facility has been in operation since 1996. TKI purchased the plant from the Rainbow Chemical Company in 1999. This facility receives and stores monomethylamine and carbon disulfide (see table above), both RMP-regulated substances, which it uses to produce sodium methyldithiocarbamate (metam sodium) solution. This facility produces metam sodium only during the period from approximately July through October. This is used as a soil fumigant as well as used on a wide range of pests including fungi, plants, insects, and nematodes. Metam sodium is created from a chemical reaction between methylamine, carbon disulfide, and sodium hydroxide in an aqueous solution. There are eleven full-time employees on site including nine process operators (see table below). INFORMATION REQUESTED FROM FACILITY: 1. Process Hazard Analysis - A copy of the last two PHAs with recommendations and tracking sheets. 2. Compliance Audit - A copy of the last two Compliance Audits with recommendations and tracking sheets. 3. Training - Training records for each process operator a. Initial Training Records: Training in the overview of the process and in the operating procedures, emphasis on the specific safety and health hazards, emergency operations including shutdown, and safe work practices applicable to the employee's job tasks. b. Refresher Training Records: Training of each employee involved in operating a process to assure that the employee understands and adheres to the current operating procedures of the process. Page 2 of 5 c. Training Documentation: Records which contains the identity of the employee, the date of training, and the means used to verify that the employee understood the training. d. Annual Certification: Annual operating procedures certification and review. e. Fill in Facility Training Summary sheet. 4. Emergency Response - A copy of emails, letters, or notes on meetings with LEPC and local responders including contact information (individual names, phone numbers, email addresses, organization name), dates, and coordination activities. 5. Tier II Reporting - Evidence of submission of a Tier II as described in 40 C.F.R. Part 370 to the State Emergency Response Commission (SERC), the Local Emergency Response Committee (LEPC), and the fire department (FD) with jurisdiction over the facility. ANALYSIS OF DOCUMENTATION SUBMITTED: 1. Process Hazard Analysis: TKI facility provided their 2015 and 2020 Process Hazard Analysis (PHA) conducted for Program 3. Both the 2015 and 2020 PHA used the Hazard and Operability Analysis (HAZOP) methodology. The 2015 PHA was conducted from April 20 to May 19, 2015, and the 2020 PHA was conducted from April 6-8, 2020. The 2015 PHA had eighteen (18) findings and recommendations of which eight (8) were closed and ten (10) were found not requiring any action. The 2020 PHA had eighteen (18) findings and recommendations which did not include dates closed. The closure dates were provided by Rick Heib, the Assistant Plant Manager, of which sixteen (16) were closed and two (2) remain open. The team members involved with conducting the 2020 PHA were Steve Sailors, the Plant Manager, Rick Hieb, Todd Hale, Operator, Richard Hobbs, Operator, and Daryl Scott, Operator, all provided operations experience. Josh Raymond acted as Team Leader and provided engineering experience. 2. Compliance Audit: TKI facility provided their 2017 and 2020 Compliance Audit reports. Both audits are based on the checklists and methods utilized by OSHA (Instruction CPL-2-2.45A CH1) to conduct field compliance audits. The 2017 Compliance Audit was performed on September 12-14, 2017, and the 2020 Compliance Audit was performed on July 21-23, 2020. Both audits were conducted by Dawn Kominski, Director of Regulatory Affairs. The 2017 audit identified five (5) deficiencies (action item list) and the 2020 audit identified six (6) deficiencies (action item list). Both reports stated that the action items will be put into the Regulatory Affairs database and updated at least quarterly, but the reports did not document a completion date and correction of the deficiencies. 3. Training: TKI facility provided a completed Training Summary filled out by Rick Hieb, Plant Manager for nine operators. The operator's names, the dates of initial and refresher training, and verification means for training are listed in the table below. Initial Training Records were provided for all the operators except for Mark Payne, Todd Hale, and Richard Hobbs. The files provided for them had filenames indicating they were initial training records but were actually refresher training records. The initial training records show a list of subjects covered, date completed, supervisor's, and operator's initials. Refresher training records were provided for all the operators and included an exam with the employee's name, date, test score, and test questions with employee answers. The 40-hour HAZWOPER and 4-hour General Hazard Awareness Program certificates were provided for Manuel Carulla, Randy Garcia, and Javier Martinez. The 4-hour Basic Safety Training certificate were provided for Manuel Carulla and Randy Garcia. The review analysis for the annual certification of the SOPs for the facility was provided in their Operating Procedures Periodic Review Sheet. Four (4) items were listed as needing revisions and all were certified complected by Rick Hieb's signature with a date of February 16, 2022. Page 3 of 5 Employee Name Initial SOP Training Date Mark Payne 9/8/2004** Todd Hale 9/8/2004** Richard Hobbs 8/20/2004** Daryl Scott 11/28/2011 Juan Garza 7/6/2015 Manuel Carulla 3/7/2022* Randy Garcia 3/14/2022* Javier Martinez 5/9/2022* Donnie Harman 8/13/2018 * = hire and training date ** = refresher, not initial training Last SOP Refresher Training Date 12/6/2021 12/4/2021 12/10/2021 11/30/2021 12/1/2021 12/6/2021 Verification Means Test Test Test Test Test Test Test Test Test 4. Emergency Response Coordination (Annually after 9/21/18): The Emergency Response/Contingency and Spill Reporting Plan (ERP) dated November 2021 indicates that copies were planned to be provided to the LEPC and local FD. No copies of emails, letters, or notes on meetings with LEPC and FD including contact information (individual names, phone numbers, email addresses, organization name), dates, and coordination activities were not provided. 5. Tier II Reporting: TKI submitted the Burley facility 2021 Tier II on February 17, 2022, to the SERC, Boise, Idaho. They submitted the 2021 Tier II to the appropriate LEPC on February 22, 2022. For this facility the LEPC is Cassia County Emergency Management and Sheriff, Burley, Idaho. TKI was unable to find the original sending of the 2021 Tier II to the local FD. They sent it again by email to them on October 28, 2022. For this facility the FD is Burley FD, Burley, Idaho. The table below is a list and amount of Hazardous or Extremely Hazardous Substances over threshold reporting quantity (except for one) reported on-site by the facility on their 2021 Tier II. Chemical Name Carbon Disulfide Liquid Nitrogen Metam Potassium Methylamine (Anhydrous) Sodium Hydroxide solution Sodium Methyldithiocarbamate CAS Number 0075-15-0 7727-37-9 0137-41-7 0074-89-5 1310-73-2 0137-42-8 Amount (in lbs) 1,620,273 9,629 150,344 150,344 573,051 5,521,222 AREAS OF CONCERNS: 1. The 2017 and 2020 compliance audits did not document that the deficiencies have been corrected [68.79(d)]. 2. Tessenderlo Kerley, Inc. did not perform annual emergency response coordination activities [68.93]. Tessenderlo Kerley, Inc. could not produce documentation that emergency response coordination activities were done prior to 2021. This requirement has been in effect since September 21, 2018. The findings in this report will be discussed with the facility via telephone and email after certification of this report. Page 4 of 5 DOCUMENTS REQUESTED ON FOLLOW-UP: The following documents were requested after the initial submission of documents. These documents were reviewed to determine compliance with Section 112(r) of the Clean Air Act. 1. 2021 Tier II and proof of submission to the LEPC and fire department. 2. 2020 PHA findings and recommendations closing dates. AUDIT REPORT CERTIFICATION: This is to certify that I, Edward Johannes, was the lead inspector at this facility and that I have verified the accuracy of the observations in this inspection report: EDWARD JOHANNES Digitally signed by EDWARD JOHANNES (Affiliate) _(_A_f_f_il_ia__te__)____________________D_a_t_e_: 2_0_2_3_.0_1_.2_6_1_1_:3_8_:_28__-0_8_'0_0_' _____ Signature Date Digitally signed by JAVIER JAVIER MORALES MORALES ______________________________D_a_t_e_:_2_0_2_3_.0_1_._2_6_1__2_:3_2_:1__2_-_0_8_'0_0_'_ RMP Coordinator/Approval Date ERIN WILLIAMS Digitally signed by ERIN WILLIAMS _______________________________D_a_t_e_: _2_0_2_3_.0_1_._2_6_1_2_:_3_6_:5_6__-0_8_'_0_0_' EPCRA Coordinator/Approval Date Digitally signed by Jennifer A Jennifer A Sullivan Sullivan ______________________________D__at_e_:_2_0_2_3_._0_1_.2_6__1_6_:4_1_:2_7__-_0_8_'0_0_'_ Land Enforcement Section Chief/Approval Date Page 5 of 5