National Enforcement and Compliance Initiative: Chemical Accident Risk Reduction

Problem

TPC Group Chemical Plant — TPC Group chemical plant Port Neches explosions and fire. Image courtesy of U.S. Chemical Safety Board.

Thousands of facilities nationwide, make, use, and store extremely hazardous substances. EPA has found that major chemical accidents continue to occur from facilities that are not adequately managing the risks they pose from hazardous operations. The failure to implement risk management programs as required under Section 112(r) of the Clean Air Act (CAA) at facilities handling extremely hazardous substances can result in catastrophic accidents that cause fatalities and serious injuries, evacuations, and shelter-in-place orders. It is critical to address the significant non-compliance observed throughout the country and ensure the safety of workers, first responders, and surrounding communities, many of which are already overburdened by pollution or face climate change related hazards or both.

Goals

This Chemical Accident Risk Reduction (CARR) National Enforcement and Compliance Initiative or NECI seeks to reduce risks to human health and the environment by decreasing the likelihood of chemical accidents by addressing the significant non-compliance with the general duty to maintain a safe environment and risk management plan rules.

Now in its third cycle, the current NECI will focus in particular on inspecting and addressing noncompliance at facilities using two extremely hazardous substances that pose high risks to communities: hydrogen fluoride, predominantly used at petroleum refineries and in chemical manufacturing, and anhydrous ammonia, predominantly used as an agricultural fertilizer or refrigerant.

While the bulk of the activities under this NECI are focused on the CAA Section 112(r) General Duty and Risk Management Program requirements, Emergency Planning and Community Right-to-Know Act (EPCRA) and Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) are also included. Taken in conjunction with CAA Section 112(r), these create the overall accident prevention program, and are also included under this initiative.

FY 2024 PARTIAL YEAR RESULTS

Inspections

As of the 3rd quarter of the fiscal year (Q3), EPA completed 133 CAA Section 112(r) (Risk Management Program) inspections.

chart for chemical accident risk reduction image

Enforcement Cases

As of the 3rd quarter of the fiscal year (Q3), EPA took action at 73 facilities to decrease the likelihood of chemical accidents.

Sasol Chemicals: In April 2024, EPA finalized a settlement with Sasol Chemicals (Sasol) over alleged violations of the chemical accident prevention provisions of the Clean Air Act at the company’s facility in Westlake, Louisiana. Under the settlement, Sasol will pay more than $1.4 million in civil penalties and correct violations related to an October 2022 fire at the facility, as well as those found during a compliance evaluation in 2021. (Press Release)

Dyno Nobel Inc.: In March 2024, EPA announced a Clean Air Act settlement in which Dyno Nobel, Inc. (Dyno Nobel) has agreed to pay a $394,906 civil administrative penalty as part of an ongoing, multi-step effort to address violations of Risk Management Program (RMP) requirements at the company’s ammonium nitrate production plant in Cheyenne, Wyoming. (Press Release)

Calumet Montana Refining: In December 2023, EPA announced a Clean Air Act settlement in which Calumet Montana Refining, LLC, has agreed to pay a $385,000 penalty and address violations of Risk Management Program (RMP) requirements at its petroleum refining facility in Great Falls, Montana. The settlement, filed as a Consent Agreement on December 12, 2023, resulted from a 2019 EPA inspection at the Calumet facility that revealed several violations related to the management of flammable mixtures and hydrofluoric acid. (Press Release)