Document yrbrZaB7O8K6qDdV2OpDxKLdE

VIA ELECTRONIC MAIL CONFIRMATION OF EMAIL RECEIPT REQUESTED Andy Smith HSE Manager Arclin USA, LLC 14139 US Highway 84 Andalusia, Alabama 36421 andy.smith@arclin.com Re: Arclin USA, LLC - Andalusia, Alabama Notice of Potential Violation and Opportunity to Confer Dear Andy Smith: Information currently available to the U.S. Environmental Protection Agency suggests that Arclin USA, LLC may have committed violations of Section 112(r)(7) of the Clean Air Act (CAA), 42 U.S.C. 7412(r)(7), and its Risk Management Program (RMP) regulations found at 40 C.F.R. Part 68. By this letter, the EPA is extending to you an opportunity to advise the Agency via a conference call, or in writing, of any further information the EPA should consider with respect to the potential violations. Specifically, from April 18 through April 20, 2023, an authorized representative of the EPA conducted a compliance monitoring inspection at the facility located at 14139 US Highway 84 Andalusia, Alabama (the facility) to determine compliance with the CAA and RMP regulations, and observed the following potential violations: 1. The owner or operator did not complete a compilation of all required written process safety information pertaining to the equipment in the process, including material and energy balances, as required by 40 C.F.R. 68.65(d)(1)(vii); 2. The owner or operator did not document that equipment complies with recognized and generally accepted good engineering practices, as required by 40 C.F.R. 68.65(d)(2); Internet Address (URL) http://www.epa.gov 3. The owner or operator did not address in the process hazard analysis (PHA) engineering and administrative controls applicable to the hazards and their interrelationships such as appropriate application of detection methodologies to provide early warning of releases, as required by 40 C.F.R. 68.67(c)(3); 4. The owner or operator did not establish a system to promptly address the team's findings and recommendations; assure that the recommendations are resolved in a timely manner and that the resolution is documented; document what actions are to be taken; complete actions as soon as possible; develop a written schedule of when these actions are to be completed; and communicate the actions to operating, maintenance and other employees whose work assignments are in the process and who may be affected by the recommendations or actions, as required by 40 C.F.R. 68.67(e); 5. The owner or operator did not develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with the process safety information and that address all required elements, including precautions necessary to prevent exposure, including engineering controls, administrative controls, and personal protective equipment, as required by 40 C.F.R. 68.69(a); 6. Inspection and testing procedures did not follow recognized and generally accepted good engineering practices, as required by 40 C.F.R. 68.73(d)(2); and 7. The owner or operator did not document each inspection and test that has been performed on process equipment. The documentation did not identify the date of the inspection or test, the name of the person who performed the inspection or test, the serial number or other identifier of the equipment on which the inspection or test was performed, a description of the inspection or test performed, and the results of the inspection or test, as required by 40 C.F.R. 68.73(d)(4). The EPA has authority under Section 113 of the CAA, 42 U.S.C. 7413, to pursue enforcement actions for violations of Section 112(r)(7) of the CAA and its RMP regulations found at 40 C.F.R. Part 68, including the issuance of compliance orders, the assessment of administrative penalties and/or the initiation of civil or criminal actions. To resolve the potential violations identified above, the EPA requests that a representative of the facility contact Jordan Noles, of my staff at (404) 562-9105, or via email at noles.jordan@epa.gov, within seven (7) calendar days of receipt of this letter to make arrangements to schedule a teleconference to discuss the potential violations and the EPA's possible enforcement action. Please note that the EPA will have legal representation during these discussions. Please inform Jordan Noles if you intend to have legal representation present as well. You may voluntarily submit any documentation or information that you would like the EPA to review in advance of any teleconference on the matter as to why you believe the EPA should not take an enforcement action with respect to the above-mentioned potential violations. If you decide to submit such documentation or information, the EPA respectfully requests that you do so two weeks in advance of the teleconference. If you have questions regarding the type of information that should be submitted to the EPA or any other questions regarding this matter, please contact Jordan Noles at the contact information identified above. Sincerely, JASON DRESSLER Digitally signed by JASON DRESSLER Date: 2024.03.26 13:26:21 -04'00' Jason Dressler Chief North Air Enforcement Section