Document e7Dy27My5GNpodOJJB9RX9jjp

EPA Inspection Report - Page 1 of 6 Region 6 - Enforcement & Compliance Assurance Division INSPECTION REPORT Inspection Date(s): Media Program: Regulatory Program(s) 07/20/2021 - 07/21/2021 Air Clean Air Act Section 112(r) and 40 Code of Federal Regulations (C.F.R.) Part 68 Chemical Accident Risk Management Plan (RMP) Company Name: Facility Name: Facility Physical Location: (city, state, zip code) Mailing address: (city, state, zip code) County/Parish: Facility Phone Number Facility Contact: DPC Enterprises, L.P. DPC Enterprises, L.P. 620 West 10th St. 70084 Reserve, Louisiana P.O. Box 24600 Houston, Texas 77229 St. John the Baptist (281) 457-4835 Joy Montanio jmontanio@dxgroup.com EHSS Manager FRS Number: Identification/Permit Number: Media Identifier Number: NAICS: SIC: 1000 0008 4543 LA0000002209500025 RMP 1000 0014 1526 42469 N/A Personnel participating in inspection: Sherronda Phelps US EPA Charese Simpson US EPA Steven Bargery DPC Joy Montanio DPC Brad DuBose DPC Air Inspector Air Inspector Plant Manager EHSS Manager Training Manager EPA Lead Inspector Signature/Date Sherronda Phelps 9/10/2021 Date Supervisor Signature/Date SAMUEL TATES Digitally signed by SAMUEL TATES DN: c=US, o=U.S. Government, ou=Environmental Protection Agency, cn=SAMUEL TATES, 0.9.2342.19200300.100.1.1=68001003655433 Date: 2021.09.13 08:10:59 -05'00' Samuel Tates 9/13/2021 Date 6ENFORM-019-R8.2 (02/12/2020) 1 EPA Inspection Report - Page 2 of 6 DPC Enterprises, L.P./DPC Enterprises, L.P. Inspection Date 07/20/2021 Section I - INTRODUCTION PURPOSE OF THE INSPECTION EPA Region 6 inspector(s), Sherronda Phelps and Charese Simpson, arrived at the DPC Enterprises (DPC) facility at 9:00 AM on July 20, 2021, for an announced inspection. We were greeted by Joy Montanio, EHSS Mgr., and other facility personnel at the opening conference. I presented my credentials to all present and informed them that this was an EPA inspection to determine compliance with CAA Section 112(r)(1) and 112(r)(7). The scope of the inspection was a partial compliance evaluation (PCE) and included evaluation of the compliance of the facility with 40 C.F.R. Subpart 68 - Chemical Accident Prevention Provisions. An employee representative was invited to participate in the inspection; however, this site is a non-union facility. FACILITY DESCRIPTION According to the facility's executive summary, DPC Enterprises is a manufacturer and distributor of water treatment chemicals. Specializing in packaged and bulk Chlorine, Sulfur Dioxide(anhydrous) and Compressed Gas. The only chemicals meeting the threshold quantity as determined under 40 CFR 68.115 is Chlorine and Sulfur Dioxide(anhydrous). The facility employs approximately 16 full-time employees (FTE's). Section II - OBSERVATIONS The initial documentation review began in person with Joy Montanio, EHSS Manager, and Brad DuBose, Training Manager. 40 C.F.R. Part 68 - CHEMICAL ACCIDENT PREVENTION PROVISION Subpart A - General 40 C.F.R. 68.10 Applicability - DPC Enterprises is a stationary source that has more than a threshold quantity of regulated substances in their process. The last submittal was made May 22, 2017, due to the five-year resubmission date. DPC Enterprises is a RMP Program 3 facility. The facility is subject to the Occupational Safety and Health Administration's (OSHA) Process Safety Management (PSM) Standard (29 CFR 1910.119). 40 C.F.R. 68.12 General requirements - DPC Enterprises submitted their most recent RMP submission on May 22, 2017. The regulated substance(s) chlorine and sulfur dioxide (toxics) are the regulated substances listed over the threshold quantity for the RMP Program Level 3 processes. 40 C.F.R. 68.15 Management - DPC developed a management system to oversee the implementation of the risk management program elements. DPC provided an organizational chart that outlined the positions to implement the individual elements of the RMP, as required by this subpart. Subpart B - Hazard Assessment 2 EPA Inspection Report - Page 3 of 6 DPC Enterprises, L.P./DPC Enterprises, L.P. Inspection Date 07/20/2021 40 C.F.R. 68.20 Applicability - DPC operates a RMP program level 3 process which is subject to this subpart and thus is required to prepare a worst-case release scenario analysis and complete the five- year accident history. I reviewed the documentation provided to make this analysis and identified no areas of concern with this subpart. 40 C.F.R. 68.22 Offsite Consequence Analysis Parameters - DPC employed the parameters specified by EPA in this rule by using the RMP*CompTM software. I reviewed the offsite consequence analysis and supporting documentation to assure the data was accurate and correct. 40 C.F.R. 68.25 Worse-case release scenario analysis - DPC identified and analyzed at least one worst- case scenario in its Program 3 processes using the RMP* CompTM software, thus meeting the requirements of the regulation. 40 C.F.R. 68.28 Alternative Release Scenario Analysis - DPC identified and analyzed at least one alternative release scenario in its Program 3 processes using the RMP* CompTM software, thus meeting the requirements of the regulation. 40 C.F.R. 68.30 Defining offsite impacts- Population - DPC used the most current Census Bureau population data and the distances to endpoints, as specified in the regulation, to calculate the population numbers reported in their RMP. 40 C.F.R. 68.33 Defining offsite impacts- Environment - DPC used US Geological Survey maps data to determine the environmental receptors and the distances to endpoints. 40 C.F.R. 68.36 Review and update - DPC understands documentation associated with the worst-case scenarios that should be updated and reviewed at least every five years and are anticipating a review in 2022. 40 C.F.R. 68.39 Documentation - DPC operates a RMP program level 3 process which is subject to this subpart and thus is required to prepare a worst-case release scenario analysis and complete the five- year accident history. I reviewed the documentation provided to make this analysis and identified no areas of concern with information pertaining to this subpart to include the Offsite Consequence Analysis (OCA) data. The facility used the EPA Model RMP*CompTM. 40 C.F.R. 68.42 Five-year accident history - DPC did not report any accidental release(s) in their RMP that resulted in deaths, injuries, or property damage. Subpart D - Program 3 Prevention Program 40 C.F.R. 68.65 Process safety information (PSI) - I reviewed various sections of the process safety information (PSI) for the RMP covered process at DPC. There were no areas of concern identified. 40 C.F.R. 68.67 Process Hazard Analysis (PHA) - I reviewed the PHA's conducted in June of 2016, but the most recent revalidation conducted in June of 2021 has a final report that is in draft form. The PHA study was conducted using What-if, Checklist, and the Hazard and Operability Analysis (HAZOP) method. 40 C.F.R. 68.69 Operating procedures - I reviewed several operating procedures for the covered process. I reviewed and discussed with DPC personnel operating procedures, which included 3 EPA Inspection Report - Page 4 of 6 DPC Enterprises, L.P./DPC Enterprises, L.P. Inspection Date 07/20/2021 the Standard Operating Procedure (SOP) certification procedure, confined space entry, and lockout/tag out procedures. DPC certified that the operating procedures were current, accurate, and that the procedures were reviewed as often as necessary, as required by this subpart, and used a single certification document for operating procedures annually. Hard copies of the operating procedures are available in control room for operators. No areas of concerns were identified with this subpart. 40 C.F.R. 68.71 Training - I requested training records for review and was provided the files for several employees at different experience levels. Of the employee files I reviewed, all took the initial training to operate within the unit and should be up for refresher training later this year while others are scheduled to refresh well into the year 2022. There were no areas of concern identified. 40 C.F.R. 68.73 Mechanical integrity - I reviewed mechanical integrity records for randomly selected inspections of RMP covered process equipment and the written procedure for maintaining the integrity of the process. There were several items that populated on the list, but it is written in the Mechanical Integrity Policy that, "if 7 days past due date then an MOC must be written as a temporary measure to justify/address past due items". In all cases DPC implemented this procedure as written. All MOC's were addressed and closed out, EPA verified through the facilities management system. 40 C.F.R. 68.75 Management of change (MOC) - EPA discussed DPC's written procedure for MOC and the documentation with site personnel. The MOCs were implemented using an electronic System, Reliance. I reviewed several MOCs to evaluate the implementation of the procedures in place. No areas of concern were identified. 40 C.F.R. 68.77 Pre-startup safety review - DPC provided documentation regarding pre-startup safety review which accompanied several MOC's reviewed, all PSSR requirements were satisfied before startup. 40 C.F.R. 68.79 Compliance audits - EPA requested the two most recent compliance audits for review. DPC provided compliance audit reports completed August 25, 2016 and August 21, 2019. Action Items from the audit were placed in the electronic tracking system titled, Reliance. I followed up on several items from the most recent audit to observe DPC's follow through and implementation of each action item created. DPC brought each action item to a close in a timely manner as required by the regulation. 40 C.F.R. 68.81 Incident investigation - I reviewed a list of incident reports/investigations for all incidents, which resulted in, or could have reasonably resulted in, a catastrophic release of a regulated substance for the last five years. There was at least one incident investigation (Incident # 02949) that began 72 hours following the incident, where the regulation requires an investigation begins no later than 48 hours following the incident. 40 C.F.R. 68.83 Employee participation - DPC implemented the requirements of this subpart. 40 C.F.R. 68.85 Hot work permit - DPC discussed the process for conducting hot work onsite and several hot work permits were reviewed. Of all the permits reviewed there was one hot work permit that lacked the signature showing that work was completed. 4 EPA Inspection Report - Page 5 of 6 DPC Enterprises, L.P./DPC Enterprises, L.P. Inspection Date 07/20/2021 40 C.F.R. 68.87 Contractors - DPC hires contractors on occasion to conduct specific maintenance and construction activities. Prior to selecting a contractor, a thorough evaluation of safety performance of the contractor is carried out. The company has a strict policy of informing the contractors of known potential hazards related the contractor's work and the processes. Contractors are also informed of all the procedures for emergency response should an accidental release of a regulated substance occur. No areas of concern were identified. Subpart E - Emergency Response 40 C.F.R. 68.90 Applicability - DPC is a "non-responding" stationary source in case of an accidental release of a regulated substance, therefore, the facility need not comply with the requirements of part 68.95. 40 C.F.R. 68.93 Emergency Response Coordination Activities - DPC coordinates with the local emergency planning and response organizations to ensure that local response organization are aware of the regulated substances of the stationary source. I reviewed DPC Enterprises coordination notification documentation which included the names of the individuals involved, their contact information, dates of the coordination activities, and the nature of the coordination activities. DPC Enterprises coordinates with the local authorities in St. John The Baptist Parish at least annually. I reviewed the facility's Emergency Response Drill forms. The facility conducts drills on a quarterly basis that consist of exercises such as: air monitoring, entry control, medical checks, decontamination, and HAZMAT immediate control. 40 C.F.R 68.96 Emergency response exercises - As part of coordination with local emergency response officials required by 68.93, DPC consult with officials to establish an appropriate frequency for tabletop exercises. In addition, DPC provided notification exercises dates and indicated that notification exercises are conducted on an annual basis. Subpart G - Risk Management Plan 40 C.F.R. 68.190 Updates - There have been no recent additions or upgrades to the unit that would have triggered an update to the Risk Management Plan. 40 C.F.R. 68.195 Required corrections -The next RMP re-submission is due by May 22, 2022, unless an update or correction is required by 40 C.F.R. 68.190 and 68.195. Section III - AREAS OF CONCERN (AOC) 1) 40 C.F.R. 68.81 (b), "An accident investigation shall be inititated as promptly as possible, but no later than 48 hours following the incident." DPC failed to initiate the incident investigation in at least 48 hours as required by their procedures for the year 2016. EPA Region 6 inspector, Sherronda Phelps, conducted a closing conference at DPC Enterprises, L.P. on July 21, 2021, for the inspection. During the closing conference, Sherronda Phelps, reviewed the AOC's noted during the inspection. 5 EPA Inspection Report - Page 6 of 6 DPC Enterprises, L.P./DPC Enterprises, L.P. Inspection Date 07/20/2021 Section IV - FOLLOW UP There was no additional information provided from the facility. Section V - LIST OF APPENDICES No appendices to the report. 6