Document YjL4xrXeRX9rrmaB6O4gLoX88

Region 6 Compliance Assurance and Enforcement Division INSPECTION REPORT Inspection Date(s): Media: Regulatory Program(s) February 25 - March 1, 2019 Air Clean Air Act Section 112(r) and 40 C.F.R. Part 68 Chemical Accident Prevention Provisions (Risk Management Program) Company Name: Facility Name: Facility Physical Location: (city, state, zip code) Mailing address: (city, state, zip code) County/Parish: Facility Contact: ExxonMobil Corporation ExxonMobil Baton Rouge Chemical Plant 4999 Scenic Highway Baton Rouge, Louisiana 70805 4999 Scenic Highway Baton Rouge, Louisiana 70805 East Baton Rouge Parish Michael Betbeze Risk Management SLS michael.l.betbeze@exxonmobil.com FRS Number: Identification/Permit Number: Media Number: NAICS: 110000449970 Air Operating Permit ID: 2031-V10 RMP Number: 1000 0011 8268 32511 (Petrochemical Manufacturing), 325212 (Synthetic Rubber Manufacturing), 32521 (Resin and Synthetic Rubber Manufacturing) 48211 (Rail Transportation) Personnel participating in inspection: Justin McDowell US EPA Region 6 Kayla Buchanan US EPA Region 6 Joseph Varco US EPA HQ Tyler Nelson Eastern Research Group Dan Roper Eastern Research Group Keri Meyers LDEQ Karley Vinson LDEQ Cliff Acosta LDEQ Glen Jenkins LDEQ Michael Betbeze ExxonMobil Sue Rosenthal ExxonMobil Michelle Smith ExxonMobil Jarvis B. Hays ExxonMobil Bradley E. Vines ExxonMobil Joey Rinaudo ExxonMobil Ernesto Johnson ExxonMobil Robert Berg ExxonMobil James Carlton ExxonMobil Bryant Bremer ExxonMobil Ryan Lazor ExxonMobil Chris Gauthier ExxonMobil Keith Cashio ExxonMobil Erica McGehee ExxonMobil Inspector Inspector Inspector Inspector Inspector Inspector Inspector Inspector Inspector Risk Management SLS Attorney Process Supervisor Process STL USW Safety Officer (Union) Personnel Safety SLS Chemical Plant Superintendent State Regulatory Advisor Safety, Security, Health, Env. Mgr. Sr. Counsel Safety Coordinator Chief Inspector Union President POC (214) 665-6557 (214) 665-6480 (202) 564-1791 (914) 468-7836 (571) 329-2067 (225) 219-3101 (225) 219-3024 (225) 219-3140 (225) 219-3312 (225) 540-5402 (225) 540-5402 (225) 540-5402 (225) 540-5402 (225) 540-5402 (225) 540-5402 (225) 540-5402 (225) 540-5402 (225) 540-5402 (225) 540-5402 (225) 540-5402 (225) 540-5402 (225) 540-5402 (225) 540-5402 6ENFORM-019-R7 (2/15/2017) 1 Section I - INTRODUCTION ExxonMobil Corporation / ExxonMobil Baton Rouge Chemical Plant Inspection Dates 02/25/19 - 03/01/19 PURPOSE OF THE INSPECTION The United States Environmental Protection Agency (EPA) Region 6 inspectors Justin McDowell and Kayla Buchanan; United States Environmental Protection Agency (EPA) HQ inspector Joseph Varco; Eastern Research Group (ERG) inspectors Dan Roper and Tyler Nelson (contractors for USEPA); and the Louisiana Department of Environmental Quality (LDEQ) Chemical Accident Prevention Program inspectors Keri Meyers, Karley Vinson, Cliff Acosta and Glen Jenkins arrived at the ExxonMobil Baton Rouge facility at 9:00 AM on Monday February 25, 2019, for an announced inspection. This inspection included both the ExxonMobil Baton Rouge Chemical Plant (XOM BR Chemical Plant) February 25-27, 2019 and the ExxonMobil Baton Rouge Refinery (XOM BR Refinery) on February 28 - March 1, 2019. We met with Michael Betbeze (Risk Management SLS/ facility contact) and other ExxonMobil personnel listed in Table 1 for an opening meeting. Kayla, Joseph, Dan, Tyler and I presented our credentials and informed ExxonMobil personnel that this was an EPA inspection to determine compliance with the facility's Chemical Accident Prevention Program. The scope of the inspection was a partial compliance evaluation (PCE), which included and evaluation of the facility's compliance with the Clean Air Act (CAA) Section 112(r) and the Chemical Accident Prevention Provisions in 40 C.F.R. Part 68 as well as the CAA General Duty Clause. This report will evaluate compliance at the XOM BR Chemical Plant. A separate report will be produced to evaluate the refinery, despite overlap in several regulatory elements. The XOM BR Chemical Plant is listed as a Program Level three (3) process facility. Prior to the inspection, I inquired if an employee representative was available, pursuant to section 112(r)(6)(L) of the CAA, to participate in this inspection and I met with the Union 1312 representatives Keith Cashio (President) and Bradley Vines who represent both the chemical plant and refinery. Table 1: Opening Meeting Attendance, Monday February 25, 2019 NAME POSITION Justin McDowell Inspector Kayla Buchanan Inspector Joseph Varco Inspector Tyler Nelson Inspector Dan Roper Inspector Keri Meyers Inspector Karley Vinson Inspector Cliff Acosta Inspector Glen Jenkins Inspector Michael Betbeze Risk Management SLS Sue Rosenthal Attorney 3 Michelle Smith Jarvis B. Hays Bradley E. Vines Joey Rinaudo Ernesto Johnson Robert Berg James Carlton Bryant Bremer Ryan Lazor Chris Gauthier Keith Cashio ExxonMobil Corporation / ExxonMobil Baton Rouge Chemical Plant Inspection Dates 02/25/19 - 03/01/19 Process Supervisor Process STL USW Safety Officer (Union) Personnel Safety SLS Chemical Plant Superintendent State Regulatory Advisor Safety, Security, Health, Environmental Manager Senior Counsel Safety Coordinator Chief Inspector Union President FACILITY DESCRIPTION The XOM BR Chemical Plant employs approximately 930 employees and 1,000 contractors operating 24 hours a day/ 7 days per week with scheduled turnarounds. Annually, the facility produces 6 billion pounds of industrial chemicals such as ethylene, propylene, and isopropyl alcohol. These products are used around the world to make a variety of consumer products such as tubeless tires, home paint, and disposable diapers. The facility has twenty-three (23) Risk Management Plan (RMP)-covered processes that contain RMP-regulated flammable and toxic substances and a variety of regulated flammable mixtures. Section II - OBSERVATIONS Upon arrival at the facility, we reviewed the facility's safety orientation and safety procedures at the security office. During the course of the inspection, the inspection team took several site tours that consisted of both driving and walking tours. The tours consisted of the overall chemical plant's processes, selected control rooms, Thomas yard storage area, the barge loading and unload areas as well as the fire and emergency preparedness station. The following observations for each RMP element / subpart was reviewed by various members of the inspection team. Each element / subpart was delegated to a responsible party in the inspection team and will be noted beside each subpart. Also, this report contains a separate ERG independent report that discusses findings and observations made on site. At the time of the completion of this report, the Eastern Research Group report has not been finalized. Once that report becomes final, it will be included as an attachment to supplement this report and will be shared with the facility. 4 ExxonMobil Corporation / ExxonMobil Baton Rouge Chemical Plant Inspection Dates 02/25/19 - 03/01/19 Subpart A - General 40 C.F.R. 68.10 Applicability - (by Justin McDowell, EPA R6) The XOM BR Chemical Plant is the owner or operator of a stationary source that has more than a threshold quantity of regulated toxic and flammable substances, listed in 40 C.F.R. 68.130, in a process and is subject to the Chemical Accident Prevention Provisions. XOM BR Chemical Plant has a CAA Title V permit along with an Air Operating Permit: 2031-V10 for their Petrochemical Manufacturing (32511), Synthetic Rubber Manufacturing (325212), and Resin and Synthetic Rubber Manufacturing (32521) processes. XOM BR Chemical Plant is subject to the Occupational Safety and Health Administrations process safety management (PSM) standard, 29 C.F.R. 1910.119, and the entire plant is registered as a Program Level three (3) process(es). 40 C.F.R. 68.12 General requirements - (by Justin McDowell, EPA R6) The XOM BR Chemical Plant re-submitted an RMP based on the 5-year update requirement (40 CFR 68.190(b)(1)) on March 18, 2016. This re-submission listed a covered process containing regulated toxic and flammable chemicals. This requires XOM BR Chemical to develop and implement a management system, conduct a hazard assessment, implement the prevention requirements of 40 C.F.R. 68.65 - 68.67, develop and implement an emergency response program, and submit the data elements from 40 C.F.R. 68.175 in their RMP. 40 C.F.R. 68.15 Management - (by Justin McDowell, EPA R6) The XOM BR Chemical Plant uses the Operations Integrity Management System (OIMS) as a structured approach for managing the safety, health, security and environmental risk at the facility. OIMS consists of many programs, procedures, practices, and manuals that assist in the day to day operations at the facility and is used as a means to assist in various sections of the RMP regulations. OIMS is separated into 11 elements, with each element being owned by a XOM BR Chemical subject matter expert. The OIMS elements include the following: OIMS 1.1 Management Leadership, Commitment and Accountability; OIMS 2.1 Risk Assessment and Analysis; OIMS 3.1 Facilities Design and Construction; OIMS 4.1 Process and Facilities Information / Documentation; OIMS 5.2 Occupational Health; OIMS 5.4 Training; OIMS 6.1 Operations and Maintenance Procedures; OIMS 6.2 Work Permits; OIMS 6.3 Critical Equipment; OIMS 6.4 Mechanical Integrity; OIMS 7.1 Management of Change; OIMS 8.1 Third Party Services; OIMS 9.1 Incident Reporting Analysis and Follow up; OIMS 10.1 Emergency Preparedness; and OIMS 11.1 Assessment and Improvement. XOM BR Chemical has developed a management system to oversee the implementation of risk management program elements. XOM BR Chemical assigned a qualified person or position that has the overall responsibility for the development, implementation, and integration of each of the risk management program elements. XOM BR Chemical's OIMS documentation defined responsible parties of higher-level supervisors and I was later provided with the "2014 / 2017 External PSM/RMP Review Assignments" that listed RMP element topics with an assigned assessor during the Compliance Audits. 5 ExxonMobil Corporation / ExxonMobil Baton Rouge Chemical Plant Inspection Dates 02/25/19 - 03/01/19 Subpart B - Hazard Assessment 40 C.F.R. 68.20 Applicability - (by Justin McDowell, EPA R6) The XOM BR Chemical Plant is a program level three (3) stationary source subject to this subpart. The XOM BR Chemical Plant is required to prepare an offsite consequence analysis and complete the five- year accident history. 40 C.F.R. 68.22 Offsite Consequence Analysis Parameters - Detailed in ERG report 40 C.F.R. 68.25 Worse-case Release Scenario Analysis - Detailed in ERG report 40 C.F.R. 68.28 Alternative Release Scenario Analysis - Detailed in ERG report 40 C.F.R. 68.30 Defining Offsite Impacts - Population - Detailed in ERG report 40 C.F.R. 68.33 Defining Offsite Impacts - Environment - Detailed in ERG report 40 C.F.R. 68.36 Review and Update - Detailed in ERG report 40 C.F.R. 68.39 Documentation - Detailed in ERG report 40 C.F.R. 68.42 Five-year accident history - Detailed in ERG report Subpart D - Program 3 Prevention Program 40 C.F.R. 68.65 Process Safety Information - Detailed in ERG report 40 C.F.R. 68.67 Process hazard analysis (PHA) - Detailed in ERG report 6 ExxonMobil Corporation / ExxonMobil Baton Rouge Chemical Plant Inspection Dates 02/25/19 - 03/01/19 40 C.F.R. 68.69 Operating Procedures - (by Justin McDowell, EPA R6) I discussed XOM BR Chemical Plant's implementation of operating procedures. XOM BR Chemical uses a computer-based repository for operating procedures. The plant uses "Manual Central" as the repository for each control room that has its own vault for procedures. Additionally, the vault systems are two dedicated computers per control room that continue to work to provide emergency procedures in case of network outage. The vault system updates at 4 AM daily to provide the latest procedures for emergency operations. Changes made to existing operating procedures follow the site's Management of Change (MOC) process. The lockout/ tagout procedures are also electronic safety standard procedures that are accessed by the Manual Central database. Such safety standard procedures are site wide. I then toured the SACC control room with Mr. Ernesto Johnson (Superintendent) to view the computer systems. I reviewed a general unit start-up procedure (KUT-01), a towers start-up procedure (KUT-01A) and the 2018 Hurricane Preparedness Manual. Prior to the inspection, I requested the annual certifications of all operating procedures in RMP-covered processes for the last 3 years. I reviewed the BRXC Operating procedure Certifications for 2016, 2017 and 2018 in addition to the Annual Verification Survey for 2016, 2017 and 2018. Of the annual verification surveys reviewed onsite, NACC was found to be beyond the annual (365-day) certification period: NACC (April 12, 2017 and May 21, 2018). [AOC 1] 40 C.F.R. 68.71 Training - (by Kayla Buchanan, EPA R6) The ExxonMobil training coordinator oversees training for both the refinery and chemical plant. Each new operator receives basic operator training which consists of nine weeks of classroom training. The operator then progresses to field training which requires the operator to complete several different modules and culminates with a final field interview. Upon passing the field interview, the operator is deemed qualified. The regulation requires that each employee presently operating a process and each employee newly assigned to a covered process be trained or tested to be competent in the operating procedures that pertain to their duties. I reviewed training records for six randomly selected employees to ensure that initial training was documented and that each employee involved in operating processes received and understood the training. The regulation requires refresher training to be provided at least every three years, and more often if necessary, to each employee operating a process to ensure that the employee understands and adheres to the current operating procedures of the process. Refresher training is issued to operators through the web-based application, WebCAT. Topics are covered every thirty-six months. Of the six randomly selected employees, all received refresher training as required. I spoke with the training coordinator to determine how the complex handles employees who do not complete refresher training in a timely manner. She explained that employees overdue for refresher training cannot work their post and pay is docked until the employee completes its training. 7 ExxonMobil Corporation / ExxonMobil Baton Rouge Chemical Plant Inspection Dates 02/25/19 - 03/01/19 The regulation requires the owner or operator, in consultation with the employees operating the process, to determine the appropriate frequency of refresher training. I spoke with two employees who were content with the frequency of training but wanted more one-on-one classroom trainings, as well as designated time to complete trainings; often times, operators must multi-task and do their regular job while completing training, which distracts them from retaining the information being presented. 40 C.F.R. 68.73 Mechanical Integrity - Detailed in ERG report 40 C.F.R. 68.75 Management of Change (MOC) - Detailed in ERG report 40 C.F.R. 68.77 Pre-startup Safety Review - Detailed in ERG report 40 C.F.R. 68.79 Compliance Audits - (by Justin McDowell, EPA R6) The ExxonMobil facility does a plant-wide comprehensive compliance audit. The facility provided their two most recent Compliance Audits (November 11-18, 2014 and November 7-14, 2017). Each audit is conducted with internal ExxonMobil staff from the Baton Rouge facility as well as subject matter experts from other ExxonMobil facilities. The 2014 and 2017 Compliance audits combined yielded one finding that was tracked to completion in their "eMOC" program. 40 C.F.R. 68.81 Incident Investigation - Detailed in ERG report 40 C.F.R. 68.83 Employee Participation - (by Joseph Varco, EPA HQ) The facility appears to have a written plan of action regarding the implementation of the employee participation required under 68.83. We were told that employees have access, via a company intranet, to documents including: materials of construction, piping and instrument diagrams, electrical diagrams, relief system design bases, applicable design codes and standards, and material and energy balances. There is also a system in place whereby employees are consulted on the development of process safety related elements. We were told that relevant employees will participate in the development of process hazards analyses (PHA) and other PSM elements. We were told that, for the conduction of HAZOPs, a coordinator will collect areas of concern from applicable parties. All members of the HAZOP team play an active role in data collection, hazard(s) identification, risk assessment, and final report generation. Union representative, Mr. Bradley Vines told us that typically the most knowledgeable people will be pulled to participate on HAZOPs and other related elements; their participation will typically last for four weeks, but this varies from unit to unit. Reports are accessible via the intranet, and employees/ contractors can also ask for reports and findings from process supervisors. He notes that the HAZOPs 8 ExxonMobil Corporation / ExxonMobil Baton Rouge Chemical Plant Inspection Dates 02/25/19 - 03/01/19 and related documents are available in a system called the Operation Integrity Management System (OIMS). 40 C.F.R. 68.85 Hot Work Permit - (by Joseph Varco, EPA HQ) Both the Chemical Plant and the Refinery appear to have a construct in place whereby hot work permits are issued for hot work operations conducted on or near covered processes. It is the policy of the facility to retain hot work permits for seven days post-completion of the work. Per document 2018-RMPCP- 003048, the facility requires a hot work permit to be in place and a Work Permission Book to be used to prepare work sites to hot work standards. A total of eleven hot work permits were reviewed for the Chemical Plant, ranging in date from 2/6/2019 through 2/23/2019. The hot work permits that were reviewed appeared to document that fire prevention and protection elements in 29 CFR 1910.252(a) were addressed. Additionally, the hot work permits documented the dates authorized for hot work to be performed, as well as the object(s) and area(s) on/in which hot work was to be conducted, and appropriate fire/emergency measures. 40 C.F.R. 68.87 Contractors - (by Joseph Varco, EPA HQ) The inspection team spoke with Mr. Ron Williams, an individual who oversees contractors at the facilities. Mr. Williams informed us that the facility maintains a list of recommended companies/ contractors; when needed, the facility can consult the list and select an appropriate contractor. If there are issues with a given contractor, the contractor may be removed from the list. We were told that issues including safety and performance are cause for a contractor to be removed from the approved list. Prior to commencing work at the facility, a contractor will undergo site-orientation training. Upon request, we had the opportunity to review a transcript of the site-orientation as well as the "start-of-job checklist"; these appeared to be comprehensive, covering items including safety, potential fire and explosion hazards, site-security and badging procedures, etc. Access to the facility is controlled, and this is well-documented in the site-orientation material; contractors are informed that the facility entrances, their presence, and exiting of the facility are all controlled. We were further informed by Mr. Williams that there is an annual auditing of contractor safety performance. Contractors are also periodically evaluated on their ability to fulfill their obligations. During the site-orientation, contractors receive a "start-of-job" checklist. This document describes the hazards found at the facility, safety precautions, SHE elements, work-permitting, chemical handling safety, electrical/rigging/machinery-specific issues, emergency action plan, etc. We were told by Mr. Williams that there is an annual recertification using this checklist. Work permits are issued specific to the work process in which the contractor(s) will be working. At the completion of this orientation and checklist, contractors are issued cards. 9 ExxonMobil Corporation / ExxonMobil Baton Rouge Chemical Plant Inspection Dates 02/25/19 - 03/01/19 We had the opportunity to review documentation, including 2019-RMPCP-13000020 and 2018-RMPCP- 001840, which supported that the performance of contractors is periodically assessed, and there are constructs in place to document near-misses, as well as root-cause analyses, contractor vehicle- permitting, and drug/alcohol testing. We were able to review records of site-orientation and "start-of- job" checklists, which confirmed that these are documented, recorded, and retained. Subpart E - Emergency Response 40 C.F.R. 68.90 Applicability - (by Justin McDowell, EPA R6) The ExxonMobil facility as a whole complex is designate as a "first responder" in case of an accidental release of regulated substances. 40 C.F.R. 68.95 Emergency Response Program - (by Justin McDowell, EPA R6) The ExxonMobil facility operates with approximately 250 volunteer and 5 paid employees. ExxonMobil sends employees to train at the Texas A&M facility for fire, rescue, hazmat and medical. Once trained, the employees have a wide range of capabilities as they are self-reliant to handle exterior, interior, confined space and high angle. Shifting teams of process responders conduct drills once per month at the Superintendent's request; mechanical teams drill quarterly. The facility is represented on and chairs the Baton Rouge mutual aid. The facility also participates in the Local Emergency Planning Committee. The facility is equipped with four fire trucks, an ambulance and dedicated rescue trucks with monitoring equipment. In addition, the facility has on staff two doctors, two nurses and a Nurse Practitioner who work on site and are available on-call in case of an emergency. ExxonMobil has an embedded contractor "Total Safety" who conducts inspections and maintains all emergency response equipment onsite. Subpart G - Risk Management Plan 40 C.F.R. 68.190 Updates - (by Justin McDowell, EPA R6) The XOM BR Chemical Plant re-submitted an RMP based on the 5-year update requirement (40 CFR 68.190(b)(1)) on March 18, 2016. 40 C.F.R. 68.195 Required corrections - (by Justin McDowell, EPA R6) The XOM BR Chemical Plant next RMP re-submission is due by March 18, 2021, unless an update or correction is required by 40 C.F.R. 68.190 and 40 C.F.R. 68.195. Closing Meeting - A joint closing meeting for the Chemical Plant and Refinery was held on March 1, 2019 to discuss Areas of Concern, recommendations and the process of completing the inspection report. 10 ExxonMobil Corporation / ExxonMobil Baton Rouge Chemical Plant Inspection Dates 02/25/19 - 03/01/19 Table 2: Closing Meeting Attendance, Friday March 1, 2019 NAME Justin McDowell Kayla Buchanan Joseph Varco Tyler Nelson Dan Roper Keri Meyers Cliff Acosta Glen Jenkins Michael Betbeze Ryan Lazor Chris Gauthier Jimmy Carlton Bryant Bremer Robert Berg Bradley E. Vines POSITION Inspector Inspector Inspector Inspector Inspector Inspector Inspector Inspector Risk Management SLS Employee Safety Chief Inspector SSHE Manager Senior Counsel State Regulatory Advisor Union Safety Officer Section III - AREAS OF CONCERN AOC 1 - 40 C.F.R 68.69 (c) Operating Procedures "68.69 (c) (c) The operating procedures shall be reviewed as often as necessary to assure that they reflect current operating practice, including changes that result from changes in process chemicals, technology, and equipment, and changes to stationary sources. The owner or operator shall certify annually that these operating procedures are current and accurate." Of the annual verification surveys reviewed onsite, NACC was found to be beyond the annual (365-day) certification period: NACC (April 12, 2017 and May 21, 2018). *Additional Areas of Concern will be detailed in the attached ERG Report* Section IV - FOLLOW UP On March 19, 2019 and April 15, 2019, EPA received additional document request subsequent to the closing of the inspection on March 1, 2019. Section V - LIST OF APPENDICES Appendix 1 - Eastern Research Group Report 11 Section 68.12 - .15 68.20 68.22 - .33 68.65 68.67 68.69 68.71 68.73 68.75 68.77 68.79 68.81 68.83 68.85 68.87 68.90 - .95 Subpart G Title Management System Applicability OCA PSI PHA Operating Procedures Training MI MOC PSSR Compliance Audits Incident Investigations Employee Participation Hot Work Permit Contractors Emergency Response Risk Management Plan ExxonMobil Corporation / ExxonMobil Baton Rouge Chemical Plant Inspection Dates 02/25/19 - 03/01/19 Responsibility EPA ERG ERG ERG ERG EPA EPA ERG ERG ERG EPA EPA EPA EPA EPA EPA EPA Personnel Justin McDowell Justin McDowell Dan/Tyler Dan/Tyler Dan/Tyler Justin McDowell Kayla Buchanan Dan/Tyler Dan/Tyler Dan/Tyler Justin/Kayla Dan/Tyler Joseph Varco Joseph Varco Joseph Varco Justin/Kayla Justin/Kayla 12