In April, the OIG released findings from its review of chemical import data undertaken to assess whether facilities with chemicals onsite were in compliance with RMP requirements under CAA Section 112(r). The data were gathered and analyzed during OIG’s evaluation of a U.S. territory’s implementation of its delegated CAA programs, however, the OIG stated “The work performed and disclosed in this report does not constitute an Office of Inspector General evaluation conducted in accordance with generally accepted government auditing standards issued by the Comptroller General of the United States.” The OIG has provided the full analysis to the Environmental Protection Agency (EPA) to help determine whether importing facilities have adequate RMPs in place and to assess whether the EPA should begin using similar import and export data to identify noncompliant facilities.
In its evaluation, the OIG found that large shipments of anhydrous ammonia and chlorine have been shipped to facilities across the nation and that some facilities may not have RMPs in place or may not have revised their RMPs to include the chemicals. These chemicals are subject to RMP requirements, and both can cause eye, skin, and respiratory tract burns and can be fatal at high concentrations.
The data obtained and analyzed were from international imports of hazardous chemicals into the United States from July 1, 2013, to January 21, 2014. During its review the OIG “noticed large shipments of regulated substances, as well as empty containers for these regulated substances, to various ports and facilities across the United States.” The OIG then compared the import data to the records in EPA’s RMP National Database for the receiving facilities or companies to determine the RMP status of the facilities. The review revealed large shipments of anhydrous ammonia and chlorine as well as empty containers from shipments to 12 states and, based on that information, the OIG identified four possible scenarios for noncompliance and several potentially noncompliant facilities:
1) Imported chemicals in amounts above the reporting threshold shipped to facilities with no RMP. Four facilities were found to have received one to 11 shipments of anhydrous ammonia during the period in amounts ranging from 15,000 to 56 million pounds, but were not listed in the National RMP Database.
2) Return shipments of large empty containers to facilities with no RMP. Data revealed two facilities that received empty chlorine containers indicating storage or production of the chemical in amounts above RMP thresholds, but neither were listed in the RMP National Database. A third facility received empty anhydrous ammonia cylinders indicating production or storage of the chemical in amounts estimated at 34,000 lbs to more than 40,000 lbs. This facility’s RMP did not include anhydrous ammonia.
3) Imported chemicals in amounts greater than the amounts reported in a facility’s RMP. One facility was identified as having twice imported more than 33 million lbs of anhydrous ammonia but listed only 23 million lbs in its RMP.
4) Large shipments of regulated chemicals for which no consignee information is available. The OIG noted that consignee information was unavailable for 23 shipments of anhydrous ammonia in amounts from 700,000 to 87 million lbs, and one 550,000 pound shipment of chlorine. Additional empty containers representing an estimated 16,000 to 68,000 lbs of anhydrous ammonia were also identified.
According to the OIG, from October 2008 through March 2012, 460 accidents at 323 facilities were reported to the EPA. These accidents were responsible for 14 worker fatalities, more than 330 worker injuries, more than 64,000 people being sheltered in place, and upwards of $264 million in onsite and offsite damages.
For assistance with your environmental and health & safety (EHS) regulatory compliance needs, contact Ralph Carito at Total Environmental & Safety, LLC (Total) at rcarito@TotalEnviron.com.