OSHA Inspection: DOVER CHEMICAL CORPORATION

Issued

2012-11-26 00:00:00

Penalty

Initial $3300.00 · Current $7000.00

General-duty citation text

29 CFR 1910.23(a)(5):  Every pit and trapdoor floor opening, infrequently used, shall be guarded by a floor opening cover of standard strength and construction. While the cover is not in place, the pit or trap opening shall be constantly attended by someone or shall be protected on all exposed sides by removable standard railings:    a. In building #1 grinding on July 31, 2012, there was a pit that was partially covered. The cover was not secured, had been displaced prior to employee pedestrian travel near the cover and during forklift travel onto/over the cover.

Issued

2012-11-26 00:00:00

Abate by

2012-12-14 00:00:00

Penalty

Initial $0.00 · Current $7000.00

General-duty citation text

29 CFR 1910.23(a)(8)(i):  Every floor hole into which persons can accidentally walk shall be guarded by either:  A standard railing with standard toeboard on all exposed sides:    a. As of and prior to July 22, 2012, on the second floor of building #17 near the chlorination filter for 20 reactor, there were a series of connected floor holes without a standard railing to prevent an employee from stepping into this space. This condition poses a same level trip/fall hazard.

Issued

2012-11-26 00:00:00

Penalty

Initial $5500.00 · Current $7000.00

General-duty citation text

29 CFR 1910.23(b)(1)(i):  Every wall opening from which there is a drop of more than four feet shall be guarded by one of the following: Rail, roller, picket fence, half door, or equivalent barrier:    a.  On August 6, 2012, on the second floor at the west side of building #46, an employee was observed working near an unguarded wall opening, thereby exposing him to a fall hazard of greater than ten feet.

Issued

2012-11-26 00:00:00

Abate by

2012-12-14 00:00:00

Penalty

Initial $4400.00 · Current $7000.00

General-duty citation text

29 CFR 1910.24(e):  "Angle of stairway rise." Fixed stairs shall be installed at angles to the horizontal of between 30 degrees and 50 degrees:     a. On August 27, 2012, the stairs to the fourth railcar unloading station outside of building #6 associated with the 1P chlorination process were fabricated with too steep an angle.  When accessing the fourth rail car, employees were subjected to climbing a fixed stair case with a 55 degree angle for the second tier of risers.

Issued

2012-11-26 00:00:00

Abate by

2012-12-14 00:00:00

Penalty

Initial $3300.00 · Current $7000.00

General-duty citation text

29 CFR 1910.67(c)(2)(i): Lift controls shall be tested each day prior to use to determine that such controls are in safe working condition:     a. On August 27, 2012, outside building #2 near F storage, the employer failed to ensure a test of lift controls for an extensible boom JLG aerial lift was performed prior to use.

Issued

2012-11-26 00:00:00

Abate by

2012-12-14 00:00:00

Penalty

Initial $0.00 · Current $7000.00

General-duty citation text

29 CFR 1910.67(c)(2)(ii): Only trained persons shall operate an aerial lift:    a. On August 27, 2012, outside building #2 near F storage, the employer failed to ensure that employees were trained on the usage of aerial lifts prior to operation.  Maintenance department employees used the lift for performing assigned maintenance tasks.

Issued

2012-11-26 00:00:00

Abate by

2015-02-26 00:00:00

Penalty

Initial $7000.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(d): Process Safety Information. In accordance with the schedule set forth in paragraph (e)(1) of this section, the employer shall complete a compilation of written process safety information before conducting any process hazard analysis required by the standard. The compilation of written process safety information is to enable the employer and the employees involved in operating the process to identify and understand the hazards posed by those processes involving highly hazardous chemicals. This process safety information shall include information pertaining to the hazards of the highly hazardous chemicals used or produced by the process, information pertaining to the technology of the process, and information pertaining to the equipment in the process:    a. The employer did not have a completed compilation of written process safety information (PSI) (as required for hazards of the chemicals, technology of the process and equipment in the process) for managers, engineers, operators, contractors and maintenance employees involved in operating and maintaining the process to understand the hazards of the process and equipment involving or affecting highly hazardous chemicals. The employer had not compiled and managed PSI for covered equipment; prepared files for each piece of equipment; populated those files with process safety information (PSI) required by 1910.119(d)(1)-(3), information utilized to document RAGAGEP compliance required by 1910.119(d)(3)(ii) and other process information, such as records of equipment operating conditions.    b. The PSI package/binder for the 40R reactor process had not been updated since 1999. A process hazard analysis revalidation was performed for chlorination department in 2007. PSI affecting changes were made associated with the relief device system which formerly vented to a drum filled with water.    c. The PSI package/binder for the 44R reactor process had not been updated since 2001. A process hazard analysis revalidation was performed for phosphites department in 2008. PSI affecting changes were made with a 2011 PCI3 piping circuitry project installation referred to as Main Street and with a 2011 vessel change and piping replacement project that increased production capability for this process. The replacement vessel was installed in October 2011.  There was no information in the 44R equipment file for this new vessel.  Appropriate information had not been populated into equipment files, or PSI files to maintain the information and have it available for use.    d. The PSI package/binder for the 72R reactor process had not been updated since 2005. Significant equipment changes have occurred in phosphites since that time, some of which resulted in a change of process chemistry for this reactor process.  Appropriate information was not populated into equipment files, or PSI files to maintain the information and have it available for use.    e. PSI for the 133T PCI3 storage tank was unavailable following multiple changes, including new piping installation, replacement piping installation for repair and relief device design upgrade appropriate information.  Required information was not populated into equipment files, or PSI files to maintain the information and have it available for use. Relief device design information was not available in the vessel equipment file, or PSI file(s).     f. The PSI package/binder for the 35R reactor process had not been updated since 1999.  This vessel had been part of a reactor system with the 36R reactor. Following its disconnection from the 36R reactor and beginning operations as a singly operating reactor, equipment files and/or PSI files were not updated with process information regarding chemistry changes, relief device design basis evaluation, isometric drawings used for installation verification related to the changes and pre-installation tests and inspections.

Issued

2012-11-26 00:00:00

Abate by

2013-01-28 00:00:00

Penalty

Initial $0.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(d)(1)(iv): Process safety information.  Information pertaining to the hazards of the highly hazardous chemicals in the process shall consist of at least the following:  Reactivity data:    Information regarding reactivity hazards was not compiled for processes; such as but not limited to:    a. Chlorination 40R reactor process: only addresses polymerization.    b. Phosphites 51R reactor process: did not address PCl3 water reactivity hazards, phosphites chemicals (Doverphos 10, aka DP10, etc.) water reactivity hazards and polymerization.    c. Chlorination 20R reactor process: only addresses polymerization.  	  d. Chlorination chlorine unloading process: did not address water reactivity hazards (infiltration into process during unloading activities).    e. Chlorination 18/19 reactor systems process: only addresses polymerization.    f. Chlorination 49R reactor process: did not address reactivity.    g. Chlorination 1R/2R reactor process: only addresses polymerization.    h. Chlorination 4R/5R reactor process: only addresses polymerization.    i. Chlorination 45R reactor and 1P acid absorber system process: only addresses polymerization.    j. Phosphites 75R reactor process: did not address phosphites chemicals (Doverphos 10, aka DP10, etc.) water reactivity hazards.    k. Phosphites 34R reactor process: did not address phosphites chemicals (Doverphos 10, aka DP10, etc.) water reactivity hazards and polymerization.    l. Phosphites 35R reactor process: did not address phosphites chemicals (Doverphos 10, aka DP10, etc.) water reactivity hazards.

Issued

2012-11-26 00:00:00

Abate by

2013-01-28 00:00:00

Penalty

Initial $0.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(d)(1)(vii): Process safety information.  Information pertaining to the hazards of the highly hazardous chemicals in the process. This information shall consist of at least the following:     Hazardous effects of inadvertent mixing of different materials that could foreseeably occur:    Information regarding the hazardous effects of inadvertent mixing was not compiled for processes, such as but not limited to:    a. Chlorination 40R reactor process.    b. Chlorination 20 reactor (also known as R032-01) process.    c. Chlorination chlorine unloading process.    d. Chlorination 18R/19R reactor process.    e. Chlorination 49R reactor process.    f. Chlorination 4R/5R reactor process.    g. Chlorination 1R/2R reactor process.    h. Chlorination 45R reactor and 1P acid absorber system process.    i. Phosphites 51R reactor process.    j. Phosphites 75R reactor process: only addresses PCl3 and water.    k. Phosphites 34R reactor process.    l. Phosphites 35R reactor process.    m. Phosphites 72R reactor process.

Issued

2012-11-26 00:00:00

Abate by

2013-01-28 00:00:00

Penalty

Initial $7000.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(d)(2)(i)(A): Process safety information.  Information concerning the technology of the process shall contain at least the following:  A block flow diagram or simplified process flow diagram (see Appendix B to this section):    Information compiled did not include a block flow diagram, or process flow diagram, for processes, which include, but are not limited to:    a. Chlorination 40R reactor process: did not include a block flow diagram or process flow diagram.    b. Chlorination 20 reactor process: did not include a block flow diagram or process flow diagram.    c. Chlorination 18/19R reactor process: did not include a block flow diagram or process flow diagram.    d. Chlorination 49R reactor process: did not include a block flow diagram or process flow diagram.     e. Chlorination 4R/5R reactor process: did not include a block flow diagram or process flow diagram.    f. Chlorination 1R/2R reactor process: did not include a block flow diagram or process flow diagram.    g. Chlorination 45R reactor and 1P acid absorber system process: did not include a block flow diagram or process flow diagram.    Information compiled in block flow diagrams, or process flow diagrams was not accurate for the following processes:    h. Chlorination chlorine unloading and vaporizers process: PSI was inaccurate regarding the little vaporizers (#4, #5, #6, #7 and #8) discussed in the process description and contained in the process diagram.     i. 35R reactor process: block flow diagram is inaccurate in that it depicts equipment that is no longer interconnected.    j. 72R reactor process: block flow diagram is inaccurate in that it depicts equipment that is no longer interconnected

Issued

2012-11-26 00:00:00

Abate by

2013-01-28 00:00:00

Penalty

Initial $0.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(d)(2)(i)(B): Process safety information. Information pertaining to the technology of the process. Information concerning the technology of the process shall include at least the following:  Process chemistry:     Information regarding current process chemistry was not compiled for processes, including but not limited to:    a. Chlorination - 20 (#32) reactor system process: The process description contained information for ultraviolet chlorination process that was not part of the current process.     b. Phosphites 34R reactor process: Process chemistry included reactions for products no longer made, and the transesterification reaction process chemistry was not completely included.    c. Phosphites 35R reactor process: Process chemistry included reactions for products no longer made and did not include discussion of current chemistry.    d. Phosphites - 72R reactor process: Process chemistry included reactions for products no longer made and did not include discussion of current chemistry.

Issued

2012-11-26 00:00:00

Abate by

2013-01-28 00:00:00

Penalty

Initial $5500.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(d)(2)(i)(C): Process safety information.  Information concerning the technology of the process shall contain at least the following:  Maximum intended inventory:    Information was not compiled regarding maximum intended inventory for processes, including but not limited to:    a. Chlorination 40R reactor process.    b. Chlorination 20 reactor process.    c. Chlorination 18R/19R reactor process.    d. Chlorination 49R reactor process.    e. Chlorination 4R/5R reactor process.    f. Chlorination 45R reactor and 1P acid absorber system process.

Issued

2012-11-26 00:00:00

Abate by

2012-12-29 00:00:00

Penalty

Initial $0.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(d)(3)(i)(G): Process safety information. Information pertaining to the equipment in the process shall include:  Material and energy balances for processes built after May 26, 1992:     Information was not compiled regarding material and energy balances for processes, including but not limited to:    a. The 44R reactor process (phosphites department): This process was put into place in January 2001.    b. The 75R reactor process (phosphites department): This process was put into place in 2009.    c. The 35R reactor process (phosphites department): The process chemistry was changed in response to the Main Street installation being disconnected from the 36R reactor and the 36R reactor process conversion to run 9228.

Issued

2012-11-26 00:00:00

Abate by

2013-01-28 00:00:00

Penalty

Initial $7000.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(d)(2)(i)(D): Process safety information.  Information concerning the technology of the process shall contain at least the following:  Safe upper and lower limits for such items as temperatures, pressures, flows or compositions:    Information regarding the safe upper and lower limits for critical operating parameters, such as but not limited to temperature, pressure, process flows, and compositions were not provided for processes, including but not limited to:    a. Chlorination 40R reactor process.    b. Chlorination 18R/19R reactor process.    c. Chlorination 49R reactor process.    d. Chlorination 4R/5R reactor process.    e. Chlorination 1R/2R reactor process.    f. Chlorination 45R reactor and 1P acid absorber system process.    g. Phosphites 51R reactor process.    h. Phosphites 72R reactor process: limits addressed were for the 34R reactor process, not the 72R reactor process.

Issued

2012-11-26 00:00:00

Abate by

2013-01-28 00:00:00

Penalty

Initial $0.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(d)(2)(i)(E): Process safety information.  Information concerning the technology of the process shall contain at least the following: An evaluation of the consequences of deviations, including those affecting the safety and health of employees:    Information regarding the consequences of deviation was not compiled for processes, including but not limited to:    a.	Chlorination 40R reactor process.     b.	Chlorination 20 reactor process.    c.	Chlorination 18R/19R reactor process.     d.	Chlorination 49R reactor process.    e.	Chlorination 4R/5R reactor process.    f.	Chlorination 1R/2R reactor process.    g.	Chlorination 45R reactor and 1P acid absorber system process.    h.	Phosphites 51R reactor process.    i.	Phosphites 34R reactor process.     j.	Phosphites 35R reactor process.     k.	Phosphites 72R reactor process.    l.	Phosphites 44R reactor process.    m.	Phosphites 75R reactor process.

Issued

2012-11-26 00:00:00

Abate by

2013-01-28 00:00:00

Penalty

Initial $7000.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(d)(3)(i)(A): Process Safety Information. Information pertaining to the equipment in the process shall include:  Materials of construction:     a. Chlorination 1C and 1P: materials of construction was not addressed for instruments and replacement materials, such as, but not limited to, meters, gauges, pump seals and gaskets.     b. Chlorination 20 reactor process: materials of construction was not addressed for the 54R reactor, the 488 pump, the 162 filter, and an unnumbered exchanger.     c. Phosphites department: materials of construction was not addressed for instruments, controls and replacement materials, such as but not limited to, meters, gauges, pump seals and gaskets.

Issued

2012-11-26 00:00:00

Abate by

2012-12-29 00:00:00

Penalty

Initial $7000.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(d)(3)(i)(D): Process Safety Information. Information pertaining to the equipment in the process shall include:   Relief system design and design basis:     Relief system design and design basis information was not compiled, documented and maintained for the following processes and process equipment, including but not limited to:    a. Chlorination department, 40R reactor: relief system design and design basis information for the reactor had not been maintained and kept up to date. PSI compiled for the 40R process involved a list of eight relief devices (cross referenced to piece of equipment) with information for each device. The information only included the result (the set points for pressure), the fire, and the two phase flow scenario used in the basis.  There was no documentation of calculations for the design, and no evaluation for piping or safe venting location associated with these relief devices.  Four of the devices listed in the PSI were not identified by type (rupture disk, pressure relief valve, etc.). Additionally, the piping and instrument diagram (P&ID) identification or page number was from a format that was no longer used by the employer and could not be used to cross reference this information on an active P&ID for the process equipment or relief device.    b. Phosphites department, 133T phosphorous trichloride (PCl3) storage tank: none.    c. Chlorination department, 200T bromine storage tank: none.    d. Chlorination department, 20 reactor system: none.    e. Chlorination department, Chlorine unloading and vaporizer process: none.    f. Chlorination department, 18R/19R reactor process: none.    g. Chlorination department, 49R reactor process: none.    h. Chlorination department, 4R/5R reactor process: the relief device design and design basis information for the #77 exchanger (5R condenser), #82 exchanger (jacket heater), #119 exchanger, 4R reactor and 5R reactor sizing calculations were not documented and maintained.    i. Chlorination department, 1R/2R reactor process: none.    j. Chlorination department, 45R and 1P acid absorbers system process: none.    k. Phosphites department, 51R reactor process: none.    l. Phosphites department, 34R reactor process: none.    m. Phosphites department, 35R reactor process: none.    n. Phosphites 72R reactor process: none.    o. Phosphites 44R reactor process: none.

Issued

2012-11-26 00:00:00

Abate by

2013-02-27 00:00:00

Penalty

Initial $7000.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(d)(3)(i)(E): Process safety information. Information pertaining to the equipment in the process. Information pertaining to the equipment in the process shall include:  Ventilation system design:     a. In the phosphites department, there is no compiled information on ventilation system(s) design for the building 27, the building 28 control room and the MCC room ventilation systems.

Issued

2012-11-26 00:00:00

Abate by

2013-01-28 00:00:00

Penalty

Initial $0.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(d)(3)(i)(F): Process Safety Information. Information pertaining to the equipment in the process shall include: Design codes and standards employed:     Information was not compiled for the following process equipment regarding design codes and standards employed, including but not limited to:    a. Chlorination 40R reactor process: the design codes and standards employed for the vessels associated with this process were not listed.    b. Chlorination 20 reactor process: the design codes and standards employed for the vessels were not listed.     c. Chlorination 18R/19R reactor process: the design codes and standards employed for the vessels were not listed.     d. Chlorination 49R reactor process: the design codes and standards employed for the vessels were not listed.    e. Chlorination 4R/5R reactor process: the design codes and standards employed for the vessels and non-chlorine piping were not listed.    f. Chlorination 1R/2R reactor process: none.    g. Chlorination 45R reactor and 1P Acid Absorber system process: the design codes and standards employed for the vessels were not listed.    h. Phosphites 75R reactor process: none listed.    i. Phosphites 34R reactor process: the design codes and standards employed for the vessels are not listed.    j. Phosphites 35R reactor process: the design codes and standards employed for the vessels were not listed.    k. Phosphites 44R reactor process: the design codes and standards employed for the vessels were not listed.    l. Phosphites 72R reactor process: none listed.

Issued

2012-11-26 00:00:00

Abate by

2013-01-28 00:00:00

Penalty

Initial $0.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(d)(3)(i)(H): Process Safety Information. Information pertaining to the equipment in the process shall include: Safety systems (e.g. interlocks, detection or suppression systems):    Information regarding safety systems for the following process equipment was not compiled, such as but not limited to:    a. Chlorination 40R reactor process: The only process safety information (PSI) listed was venting the reactor into a drum filled with water which was not current.    b. Chlorination 49R reactor process: none listed.    c. Chlorination 4R/5R reactor process: The only process safety information (PSI) listed was venting the reactor into a drum filled with water which was not current.    d. Phosphites 35R reactor process: not accurate, not updated following process change.    e. Phosphites department: the safety systems information, such as DCS interlocks, alarms and detection systems were not compiled for each process. Additionally design information was not compiled for safety systems.

Issued

2012-11-26 00:00:00

Abate by

2013-01-28 00:00:00

Penalty

Initial $7000.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(d)(3)(ii): Process Safety Information. The employer shall document that equipment complies with recognized and generally accepted good engineering practices:    The employer did not document, compile and maintain information regarding recognized and generally accepted good engineering practices (RAGAGEP) compliance for the following process equipment, including but not limited to:    a. Chlorination department: The 4R reactor did not meet RAGAGEP, in that the U-1 data sheet was missing.     b. Phosphites department: 133T tank did not meet RAGAGEP, in that the U-1 data sheet is missing.    c. Chlorination department: 2R reactor did not meet RAGAGEP, in that the vessel U-1 data sheet was missing.    d. Phosphites department: 38R receiver did not meet RAGAGEP, in that the vessel U-1 data sheet was missing.    e. Chlorination department: 45R receiver did not meet RAGAGEP, in that the vessel U-1 data sheet was missing.    f. Phosphites department: E-105 (the 35R primary condenser) did not meet RAGAGEP in that the vessel U-1 data sheet was missing.    g. Phosphites department: E-373 (the 72R condenser) did not meet RAGAGEP, in that the vessel U-1 data sheet was missing.    h. Phosphites department: E-375 (the 72R alcohol preheater) did not meet RAGAGEP in that the vessel U-1 data sheet was missing.    i. Chlorination department: 58R receiver did not meet RAGAGEP in that the vessel U-1 data sheet was missing.    j. Phosphites department: The 36R reactor did not meet RAGAGEP, in that relief system design and design basis selected for the reactor resulted in incorrect sizing of the pressure relief valve. The worst case scenario basis used for this design was prompt firefighting. The fire scenario was used for the other reactors in building 27. The use of the prompt firefighting scenario resulted in relief device sizing that is approximately 60% of the fire sizing calculation; thus the relief valve was undersized.  Additionally, a rupture disk was installed that exceeded the designated pressure set point for this relief system design.    k. Phosphites department: The 133T phosphorous trichloride (PCl3) storage tank did not meet RAGAGEP, in that the relief device (pressure relief valve) was not designed to vent to a safe location. In the event of actuation, the relief device would vent to an aqueous scrubber that has not been evaluated and documented to safely contain a designated worst case basis scenario for this device. Phosphorous trichloride properties include water reactivity with a highly exothermic, rapidly expanding evolution of acidic gas.    l. Chlorination department: The 200T Bromine storage tank did not meet RAGAGEP, in that the relief device (pressure relief valve) was not designed to vent to a safe location.  In the event of actuation, the relief device would vent to a caustic scrubber that had not been evaluated and documented to safely contain a designated worst case scenario for this device.  Bromine interacting with 25% sodium hydroxide solution would result in a highly exothermic reaction event.     m. Process piping, including but not limited to the following phosphites and chlorination department processes, did not meet RAGAGEP, in that an inappropriate design code (ASME 31.1) was compiled in PSI as design code for process piping: Chlorination 20 reactor process, Chlorination 18R/19R reactor process, Chlorination 49R reactor process, Chlorination 45R reactor and 1P acid absorber system process, 34R reactor process, 35R reactor process and 44R reactor process.    n. Phosphites department: The 32R reactor did not meet RAGAGEP, in that a rupture disk was installed that exceeded the designated pressure set point for the relief design.

Issued

2012-11-26 00:00:00

Abate by

2013-01-28 00:00:00

Penalty

Initial $7000.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(e)(3)(i): Process hazard analysis. The process hazard analysis shall address: The hazards of the process:    Process hazards were not addressed during process hazard analysis, such as but not limited to:    a. Phosphites department 2008 PHA: The employer did not identify, evaluate and control polymerization reactions of poly-available alcohols used in processes when it conducted the PHA.     b. Phosphites department 2008 PHA: The employer did not identify, evaluate and control water reactivity of phosphites chemicals (DP10, etc.) and PCl3 when it conducted the PHA.    c. Phosphites department 32R 9228 process PHA: The employer did not fully evaluate and control equipment failure as a mode for fire or as an ignition source, such as with a high temperature in a pump boiling xylene and being deemed as no hazardous consequence.    d. Phosphites department PHAs (32R/36R 9228 and 2008 revalidation): The employer did not fully identify, evaluate and control the hazards associated with nitrogen as a widely used process chemical that poses the ability to displace oxygen, as a potential agent for creating an overpressure in a vessel and the potential loss of nitrogen when used to protect process chemicals from water infiltration.    e. Phosphites department 32R 9228 process PHA: The employer did not fully identify, evaluate and control the hazards associated with elevated temperature. When dealing with the cause of overheating a reactor, the outcome of no hazardous consequence and operational and quality issues only were associated with vigorous boiling of reactor contents with additional internal pressure.  The PHA team did not fully identify or control the hazard.

Issued

2012-11-26 00:00:00

Abate by

2013-01-28 00:00:00

Penalty

Initial $7000.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(e)(3)(iv): Process hazard analysis. The process hazard analysis shall address:  Consequences of failure of engineering and administrative controls:     The consequences of engineering and administrative control failure were not addressed during process hazard analysis, such as but not limited to:    a. Phosphites and chlorination PHA revalidation: the PHA team(s) failed to identify consequences of failure of engineering and administrative controls by using the engineering control as the safeguard to remedy the same failed control. When temperature control failure was considered, the safeguard mentioned was the temperature control itself.    b. Phosphites and chlorination PHA revalidation: the PHA team(s) failed to identify consequences of failure of engineering and administrative controls by stating that pressure events, high temperature events and safety device releases were of operational concern or environmental consequence only.    c. Phosphites and chlorination PHA revalidation: the PHA team(s) failed to identify consequences of failure of engineering and administrative controls by stating that preventive or predictive maintenance programs for assuring integrity of process equipment and safety systems were production and product quality concerns.

Issued

2012-11-26 00:00:00

Abate by

2014-09-26 00:00:00

Penalty

Initial $7000.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(e)(3)(v): Process hazard analysis. The process hazard analysis shall address:   Facility siting;     The employer did not address the hazards associated with overpressure events and toxic chemical releases from the covered processes and operations related to facility siting. Facility siting hazards include, but are not limited to flammable vapors, hydrochloric acid gas, chlorine gas, bromine gas and phosphorous trichloride releases which could affect employees, such as but not limited to, control room occupants, operation building(s) occupants and those in office buildings.

Issued

2012-11-26 00:00:00

Abate by

2014-09-30 00:00:00

Penalty

Initial $7000.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(f)(1)(i)(A):  The employer shall 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 shall address at least the following elements:   Initial startup:    Written operating procedures without clear instructions for initial startup included, but were not limited to:    a. In the chlorination department 1C building #17, the initial startup procedures do not reflect the practices utilized within the 1C chlorination department, 1C-21, 20 Reactor Operating Procedures (#32 reactor) regarding removed UV lights.    b. In the phosphites plant building #27, the initial startup procedure PHOS SOPM 150, General Start Up fails to address the 32R reactor process, addresses two removed tanks (224T and 261T) and lacks specificity regarding starting pumps as needed.      c. In the chlorination department 1P building #6, the initial startup procedure 1P-03, General Plant Start Up And Operating Instructions lacks specificity.

Issued

2012-11-26 00:00:00

Abate by

2014-09-30 00:00:00

Penalty

Initial $0.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(f)(1)(i)(B): The employer shall 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 shall address at least the following elements:  Normal operations:    a. In the chlorination department 1C building #17, 1C-21, 20 Reactor Operating Procedures (# 32 reactor) did not match the practice utilized by plant operators.    In the phosphites plant building #27, the employer failed to develop and implement specific written procedures for normal operations, for the following processes:    b. For the 34R reactor process, there were no normal operation procedures.    c. For the 35R reactor process, there were no normal operation procedures.    d. For the 72R reactor process, there were no normal operation procedures.    e. For the 36R reactor process, there were no normal operation procedures for the production of the DNPP intermediary.    f. For PHOS SOPM 408, 9228 Production in 36R (PCL3 PROCESS), the procedure did not reflect the current practice regarding the removed 224T tank as the PCl3 charging supply. Main Street is used for PCl3 charging of the 36R reactor.    g. PHOS SOPM 303, 44R Doverphos DP10 Production the procedure did not reflect the current practice regarding the removed from service 238T tank as a phenol source and the removed from service 261T tank as the PCl3 charging supply. Main Street is used for PCl3 charging.    In the Chlorination department 1P building #6, the employer failed to develop and implement specific written procedures for normal operations.     h. For 1P-03E, #40 Reactor Operating Procedure lacked specificity for proper temperature to begin chlorine line bleed down and charge completion.

Issued

2012-11-26 00:00:00

Abate by

2014-09-30 00:00:00

Penalty

Initial $0.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(f)(1)(i)(G): The employer shall 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 shall address at least the following elements:  Startup following a turnaround, or after an emergency shutdown:    a. In the chlorination department 1C building #17, 1C-27, 18 & 19 Reactors Shut Down Procedure failed to address restart after emergency shutdown. 1C-26, 20 Reactor Shut Down Procedure lacked specificity for restart following emergency shutdown.     b. In the phosphites plant building #27, the startup following a turnaround or emergency shutdown, such as SOPM 152, Power Failure Emergency Shutdown, did not address the 32R reactor process.    c. In the chlorination department 1P building #6, the following procedures failed to address restart following emergency shutdown:  1P-03B, #1 and #2 Reactor Shutdown Procedures; 1P-03C, #4 Reactor Operating Procedure & 1P-03D, #5 Reactor Operating Procedure.

Issued

2012-11-26 00:00:00

Abate by

2014-09-30 00:00:00

Penalty

Initial $7000.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(f)(1)(i)(D):  The employer shall 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 shall address at least the following elements:  Emergency shutdown including the conditions under which emergency shutdown is required, and the assignment of shutdown responsibility to qualified operators to ensure that emergency shutdown is executed in a safe and timely manner:    a. In the chlorination department 1C building #17, the employer failed to develop and implement written emergency shutdown procedures, that included shutdown conditions and assignments of responsibility.     b. In the phosphites plant building #27, the employer failed to develop and implement written emergency shutdown procedures for conditions other than power failure and PHOS SOPM 152, Power Failure Emergency Shutdown, emergency shutdown procedures failed to include emergency shutdown conditions and assignments of responsibility.     c. In the chlorination department 1P building #6, the employer failed to develop and implement written emergency shutdown procedures that included shutdown conditions and assignments of responsibility.    d. In chlorination department 1C, there were two emergency shutdown for power failure procedures for 20R reactor with conflicting instructions.

Issued

2012-11-26 00:00:00

Abate by

2014-09-30 00:00:00

Penalty

Initial $0.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(f)(1)(i)(E): The employer shall 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 shall address at least the following elements:  Emergency Operations:    a. In the chlorination department 1C building #17, the employer failed to develop and implement written emergency operation procedures.     b. In the phosphites plant building #27, the employer failed to develop and implement written emergency operation procedures.     c. In the chlorination department 1P building #6, the employer failed to develop and implement written emergency operation procedures.

Issued

2012-11-26 00:00:00

Abate by

2012-12-29 00:00:00

Penalty

Initial $0.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(f)(1)(i)(F):  The employer shall 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 shall address at least the following elements:  Normal shutdown:    a. In the phosphites plant building #27, PHOS SOPM 151, General Shutdown procedure failed to address the 32R reactor.  Information in the procedure did not match the practice, as equipment had been removed without updating the procedure (224T and 261T tanks).

Issued

2012-11-26 00:00:00

Abate by

2014-09-30 00:00:00

Penalty

Initial $7000.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(f)(1)(iii)(A): The employer shall 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 shall address at least the following elements:  Properties of, and hazards presented by, the chemicals used in the process:    a. In the chlorination department 1C building #17, the employer failed to develop and implement written procedures that address chemical properties and hazards associated with, but not limited to; liquid chlorine, bromine, hydrochloric acid (HCL), and chlorine gas.    b. In the phosphites plant building #27, the employer failed to develop and implement written procedures that address chemical properties and hazards associated with, but not limited to; polymerization of alcohols, water reactivity of PCl3 and water reactivity of phosphites (DP10, DP4, etc.), phenol, phosphorus trichloride (PCl3), hydrochloric acid, tributylamine (TBA) and xylene.    c. In the chlorination department 1P building #6, the employer failed to develop and implement written procedures that addressed chemical properties and hazards associated with, but not limited to; liquid chlorine, bromine, hydrochloric acid, and chlorine gas.

Issued

2012-11-26 00:00:00

Abate by

2014-09-30 00:00:00

Penalty

Initial $0.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(f)(1)(iii)(B): The employer shall 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 shall address at least the following elements:  Precautions necessary to prevent exposure, including engineering controls, administrative controls, and personal protective equipment:    For the phosphites plant building #27, the employer did not provide specific written procedures to ensure employees would not be exposed to workplace related hazards, including but not limited to:    a. PHOS SOPM 100, Personal Chemical Safety Precautions was not specific to the type of personal protective equipment (PPE) required and did not accurately reflect information ascertained from the PPE hazard assessment.    b. PHOS SOPM 152, Power Failure Emergency Shutdown was not specific to the type of PPE required and did not accurately reflect information ascertained from the PPE hazard assessment.     c. PHOS SOPM 201, Unloading Trucks Raw Materials was not specific to the type of PPE required and did not accurately reflect information ascertained from the PPE hazard assessment.    d. PHOS SOPM 205, Unloading PCL3 From Railcars was not specific to the type of PPE required and did not accurately reflect information ascertained from the PPE hazard assessment.    e. PHOS SOPM 206, Changing Filter for 44Rx and 75Rx was not specific to the type of PPE required and did not accurately reflect information ascertained from the PPE hazard assessment.    f. PHOS SOPM 207, Replacing Dirty TCP in 508T/510T was not specific to the type of PPE required and did not accurately reflect information ascertained from the PPE hazard assessment.    g. PHOS SOPM 295, Charging Used (Distilled) Phenol back to Reactors was not specific to the type of PPE required and did not accurately reflect information ascertained from the PPE hazard assessment.    h. PHOS SOPM 297, Trouble-Shooting in Process Batches was not specific to the type of PPE required and did not accurately reflect information ascertained from the PPE hazard assessment.    i. PHOS SOPM 305, Unloading Phosphorus Trichloride (PCL3) from ISO Containers and Tank Trucks was not specific to the type of PPE required and did not accurately reflect information ascertained from the PPE hazard assessment.    j. PHOS SOPM 402, Plate and Frame Filter Operation was not specific to the type of PPE required and did not accurately reflect information ascertained from the PPE hazard assessment.    k. PHOS SOPM 405, Carbon (Acid) Tower Operation was not specific to the type of PPE required and did not accurately reflect information ascertained from the PPE hazard assessment.    l. PHOS SOPM 407, Carbon Tower Operation was not specific to the type of PPE required and did not accurately reflect information ascertained from the PPE hazard assessment.    m. PHOS SOPM 409, 9228 Production in 36R (PCL3 Process) was not specific to the type of PPE required and did not accurately reflect information ascertained from the PPE hazard assessment.    n. PHOS SOPM 410, 9228 Production in 32R was not specific to the type of PPE required and did not accurately reflect information ascertained from the PPE hazard assessment.    For the Chlorination department 1C building #17, the employer did not provide specific written procedures to ensure employees would not be exposed to workplace related hazards, including but not limited to:    o. 1C-10, Personal Chemical Safety Precautions was not specific to the type of PPE required and did not accurately reflect information ascertained from the PPE hazard assessment.    p. 1C-18, 49 Reactor Shutdown Procedure did not address PPE required for leaks.    q. 1C-19, 63 Reactor Shutdown Procedure did not address PPE required for leaks.    r. 1C-26, 20 Reactor Shutdown Procedure did not address PPE required for leaks.    s. 1C-27, 18 & 19 Reactors Shutdown Procedure did not address PPE required for leaks.    t. 1C-31, Unloading Raw Material-Tank Trucks does not address PPE required for leaks.    For the Chlorination department 1P building #6, the employer did not provide specific written procedures to ensure employees would not be exposed to workplace related hazards, including but not limited to:    u. 1P-01, Personal Chemical Safety Precautions was not specific to the type of PPE required and did not accurately reflect information ascertained from the PPE hazard assessment.    v. 1P-03B, #1 and 2 Reactor Shutdown Procedures did not address PPE.    w. 1P-03C, #4 Operating Procedure did not address PPE.    x. 1P-03D, #5 Reactor Operating Procedure did not address PPE.    y. 1P-03F, #45 Reactor Operating Procedure did not address PPE.    z. 1P-05, Emergency Shutdown Procedures did not address PPE.    aa. 1P-08, Bromine Unloading did not address PPE.    bb. 1P-10, Unloading Caustic-Tank Trucks did not address PPE.

Issued

2012-11-26 00:00:00

Abate by

2013-02-27 00:00:00

Penalty

Initial $7000.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(f)(1)(iv):  The employer shall 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 shall address at least the following elements:  Safety systems and their functions:    Written operating procedures did not include safety systems and their functions, including but not limited to rupture disks, pressure relief valves, interlocked controls, and DCS controls for the following procedures:     a. PHOS SOPM 410, Production of 9228 in 32R.    b. PHOS SOPM 303, 44R Doverphos DP10 Production.    c. PHOS SOPM 206, Changing Filter for 44Rx and 75Rx.    d. PHOS SOPM 208, Charging Phenol to 75Rx.     e. PHOS SOPM 301, 51R Doverphos DP4 Production.    f. PHOS SOPM 304, 75R Doverphos DP4 Production.     g. PHOS SOPM 310, Hipure Unit Operation.    h. PHOS SOPM 404, Charging Reactors.    i. PHOS SOPM 409, 9228 Production in 36R (PCL3 process).

Issued

2012-11-26 00:00:00

Abate by

2013-02-27 00:00:00

Penalty

Initial $5500.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(i)(2)(ii): The pre-startup safety review shall confirm that prior to the introduction of highly hazardous chemicals to a process: Safety, operating, maintenance, and emergency procedures are in place and are adequate:    For the installation of the new PCL3 supply piping circuit for building #27 (known as Main Street) and connection to 44R, 51R, and 36R reactors, the following operating procedures and maintenance procedures were not in place and adequate:    a. PHOS SOPM 409, 9228 Production in 36R (PCL3 Process) did not address the new piping circuit.    b. PHOS SOPM 303, 44R Doverphos DP10 Production did not address the new piping circuit.    c. PHOS SOPM 150, General Start Up did not address the new piping circuit.    d. PHOS SOPM 152, Power Failure Emergency Shutdown did not address the new piping circuit.    e. PHOS SOPM 151, General Shutdown did not address the new piping circuit.     f. Maintenance procedures for piping circuits/systems, preventive maintenance procedures for pumps, and valve inspection procedures were not in place prior to the installation of Main Street.

Issued

2012-11-26 00:00:00

Abate by

2013-02-27 00:00:00

Penalty

Initial $7000.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(i)(2)(iii): The pre-startup safety review shall confirm that prior to the introduction of highly hazardous chemicals to a process: for new facilities, a process hazard analysis has been performed and recommendations have been resolved or implemented before startup; and modified facilities meet the requirements contained in management of change, paragraph (l):     The employer did not resolve hazard analysis findings and recommendations for the pre-startup safety review (PSSR) associated with installation of the new PCL3 supply piping circuit for building #27 (aka Main Street) and connection to 44R, 51R, and 36R reactors:    a. Recommendation 8 involved valve inspection to determine valve predictive maintenance replacement for the feed line into Main Street.     b. Recommendation 10 involved preventive maintenance for feed pumps regarding bearing wear indication and was not resolved.    c. Recommendation 16 involved preventive maintenance for feed pumps regarding vibrational analysis and was not resolved.    d. Recommendation 26 involved verifying pump preventive maintenance and was not resolved.    e. Recommendation 15 involved operating procedures for PCl3 pump operation, operating procedures were not noted in the Dover PSSR checklist, were not noted in the Dover PSSR checklist actions to be completed section and these procedures are not included in the phosphites control room operating procedures binder.    f. For the 247T tank/72R reactor conversion project, a process hazard analysis was not performed prior to start-up in 2005. Process safety information was compiled, a management of change was initiated but a hazard analysis was not performed prior to the introduction of PCl3 into this new process.

Issued

2012-11-26 00:00:00

Abate by

2013-02-27 00:00:00

Penalty

Initial $7000.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(j)(2): Written procedures. The employer shall establish and implement written procedures to maintain the on-going integrity of process equipment:    The employer did not establish and implement written procedures for maintaining the mechanical integrity of process equipment, including but not limited to:    a. The employer did not establish and implement written procedures regarding new equipment (would include used equipment as well) installation for vessels; to include reactors, heat exchangers, condensers and other pressure vessels covered by this part.    b. The employer failed to implement an inspection plan for pumps, relief systems/devices and vessels. The employer failed to establish and implement a comprehensive schedule, dictate the type of inspections/tests to be performed, document the analysis and evaluation of results, and document inspection findings per company written procedures.    c. The employer did not establish and implement a piping and valve inspection program.     d. The employer did not establish and implement a preventive and predictive maintenance program for pumps.    e. The employer did not have vessel repair procedures to document glass lining repairs, such as tantalum patch installation and did not provide contractor vessel repair employees with guidelines for performance, documentation and acceptance/turnover criteria.    f. The employer did not have and had not implemented an insulation repair/installation procedure for piping and vessels.     g. The employer had not implemented a relief device maintenance and inspection program, including documenting files to uniquely identify each device, compiling a list of equipment protected by the device, documenting inspection and testing for valves/disks, documenting weekly inspections of downstream or upstream valves, maintaining device design and design basis information, cover the evaluation/ inspection of actuated devices and perform predictive tests prior to replacement of equipment.    h. The employer had not established and implemented a flexible hose inspection program for predictive and preventive maintenance on piping circuitry with flexible hose service.    i. The employer had not established and implemented a written program for design, inspection, maintenance and calibration for controls, instrumentation and safety systems.    j. The employer had not established and implemented a written procedure for resolving inspection findings, such as but not limited to TMLs under minimal thickness for piping and/or vessels, corrosion repair and welding repair to designate the process for maintaining the vessel status as out of service, unless proper fitness for service is determined, or data has been resolved.

Issued

2012-11-26 00:00:00

Abate by

2013-02-27 00:00:00

Penalty

Initial $7000.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(j)(3): Training for process maintenance activities. The employer shall train each employee involved in maintaining the on-going integrity of process equipment in an overview of that process and its hazards and in the procedures applicable to the employee's job tasks to assure that the employee can perform the job tasks in a safe manner:    a. The employer did not have a mechanical integrity training program for employees involved in process maintenance activities, such as maintenance mechanics, electricians, instrument technicians and management responsible for equipment inspection, testing and maintenance. Employees performed multiple process maintenance activities, including maintenance of equipment, installation of new equipment, testing and evaluation of equipment, repair of pumps, identification of replacement parts and equipment inspection/testing information review.

Issued

2012-11-26 00:00:00

Abate by

2015-03-31 00:00:00

Penalty

Initial $7000.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(j)(4)(i): Inspections and tests shall be performed on process equipment:    Inspections had not been performed on the following process equipment vessels, including but not limited to:    a. E-201 (the 34R condenser).    b. E-384 (the 34R alcohol preheater).    c. E-375 (the 72R alcohol preheater).    d. E-373 (the 72R alcohol condenser).    e. E-105 (the 35R primary condenser).    f. E-210/new E-099 (review for initial in-service inspection for initial corrosion rates).    g. E-208/new E-094 (review for initial in-service inspection for initial corrosion rates).     h. An internal inspection had not been performed for the 72R reactor.    i. An internal inspection had not been performed for the 75R reactor.    j. An internal inspection had not been performed for R-032-01, also known as the 20 reactor (chlorination).    k. An internal inspection had not been performed for the 19R reactor.    l. An internal inspection had not been performed for the 18R reactor (the 19 reactor scrubber).    m. An internal inspection had not been performed for the 41R reactor.    n. An internal inspection had not been performed for the 52R reactor.    o. An internal inspection had not been performed for the 58R reactor.    p. An internal inspection had not been performed for the 133T PCl3 storage tank.    Inspections had not been performed on the following process piping, including but not limited to:    q. Process piping in building #27 (phosphites).    r. Process piping in building #35S (35B).    s. Process piping in building #35N (35A).     t. Process piping in buildings #6 and #17 (chlorination 1P and 1C).

Issued

2012-11-26 00:00:00

Abate by

2014-06-04 00:00:00

Penalty

Initial $7000.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(j)(4)(ii): Inspection and testing procedures shall follow recognized and generally accepted good engineering practices:     Inspection and testing did not follow RAGAGEP for the following process equipment that includes but is not limited to:    a. 72R reactor: A September 2011 inspection did not document the certification of the inspector, data was not documented in a manner that would allow consistent location on the vessel for future thickness measurements, corrosion rates were not calculated from the data, and the data was not compared to required thickness or minimum thickness values for this vessel.    b. 75R reactor: A September 2011 inspection did not document the certification of the inspector, data was not documented in a manner that would allow consistent location on the vessel for future thickness measurements, corrosion rates were not calculated from the data, thickness measurements were taken for the jacket only (not the vessel shell) and the data was not compared to required thickness or minimum thickness values for this vessel.    c. 2R reactor: A January 2010 internal inspection did not document the certification of the inspector. A January 2009 inspection did not include thickness measurements for nozzles.    d. 1R reactor: A December 2009 internal inspection did not include spark (holiday) testing of the glass lining for the inner chamber of this vessel.  The December 2009 inspection and the previous May 2008 inspection did not provide for an evaluation or testing of the weld from the jacket to the surface of the reactor chamber.    e. 4R reactor: A 2002 internal inspection did not document the certification of the inspector, corrosion rates were not calculated from thickness measurement data and the data was not compared to required thickness or minimum thickness values for this vessel. For a May 2008 external inspection, corrosion rates were not calculated from thickness measurement data and the data was not compared to required thickness or minimum thickness values for this vessel. For an August 2010 internal inspection, calculations for required thickness or minimum thickness were not provided with the calculated values and thickness measurement data was not documented in a manner that would allow consistent location on the vessel for future thickness measurements.    f. 5R reactor: An August 2010 inspection did not include calculations for required or minimum thickness values and thickness measurements were not taken for nozzles.    g. 34R reactor: A January 2011 inspection did not document specific thickness measurements taken for the bottom jacket head on the knuckle radius and on the crown. This data was not documented in a manner that would allow consistent location on the vessel for future thickness measurements and calculations for required thickness or minimum thickness were not provided with the calculated values.    h. R-032-01 (20 reactor -chlorination): A May 2008 inspection did not document the calculations for the calculated required or minimum thickness values for the reactor.     i. 19R reactor thickness measurements taken during a May 2008 inspection did not include nozzle thickness measurements.  Additionally, the inspection record did not document calculated required or minimum thickness values for the reactor for which a reactor inner chamber bottom head thickness measurement taken was below the manufacturer's minimum thickness value.    j. 18R reactor for thickness measurements taken during an August 2011 inspection: The data was not documented in a manner that would allow consistent location on the vessel for future thickness measurements, and calculations for the calculated required or minimum thickness values for the reactor were not documented.    k. 35R reactor for thickness measurements taken during an October 2010 inspection: The data was not documented in a manner that would allow consistent location on the vessel for future thickness measurements. Additionally for an August 2010 inspection, specific thickness measurements were summarized rather than being comprehensively documented for each thickness measurement location.    l. 38R receiver for thickness measurements taken during an August 2010 inspection:  The data was not documented in a manner that would allow consistent location on the vessel for future thickness measurements, corrosion rates were not calculated from thickness measurement data, the data was not compared to required thickness or minimum thickness values for this vessel and thickness measurements were not taken for the vessel inner chamber shell.    m. 39R reactor for thickness measurements taken during an August 2010 inspection: The data was not documented in a manner that would allow consistent location on the vessel for future thickness measurements, calculations for the calculated required or minimum thickness values for the reactor were not documented, corrosion rates were not calculated from thickness measurement data, the data was not compared to required thickness or minimum thickness values for this vessel and specific thickness measurements were summarized rather than being comprehensively documented for each thickness measurement location.    n. 40R reactor for thickness measurements taken during a May 2008 inspection:  The data for the inner chamber shell, top and bottom heads was not documented in a manner that would allow consistent locations on the vessel for future thickness measurements and corrosion rates were not calculated with inner chamber thickness measurement data.     o. 41R reactor: An August 2011 inspection did not document the calculations for the recalculated required, or minimum thickness values for the reactor.     p. 48R reactor: A January 2011 inspection did not include nozzle thickness measurements.    q. 51R reactor: A May 2008 internal inspection did not include spark (holiday) testing of the glass lining for the inner chamber of this vessel.  The May 2008 inspection and an August 2011 inspection did not provide for the evaluation or testing of the weld from the jacket to the surface of the reactor chamber, or thickness measurement testing for nozzles.    r. 52R reactor: An August 2011 inspection report did not include and document calculations for required or minimum thickness values used to reduce the manufacturer's minimum required thickness. Additionally the results section of the report was inaccurate in that it reported all jacket thickness measurements above the manufacturer's tolerances, when three data points for thickness data were below the manufacturer's stated minimum thickness value.    s. 58R reactor:  An August 2011 inspection did not include thickness measurements for the vessel inner chamber, the nozzles, and the welded connections between the jacket and the exterior reactor surface were not evaluated. Additionally calculations for conservative value minimum thickness were not provided or documented.    t. 133T storage tank: An August 2010 inspection did not compare each thickness measurement to previous measurements and required thickness values or minimum thickness values, for the determination of corrosion rates and remaining vessel life. Additionally, data was not documented in a manner that would allow consistent location on the vessel for future thickness measurements.    u. For 29 piping inspections in chlorination and one piping inspection performed on the supply line to the 133T storage tank performed September 2011, inspection and testing did not meet RAGAGEP in that the piping inspector was not API 570 certified or otherwise qualified.

Issued

2012-11-26 00:00:00

Abate by

2014-06-04 00:00:00

Penalty

Initial $0.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(j)(4)(iii): The frequency of inspections and tests of process equipment shall be consistent with applicable manufacturers' recommendations and good engineering practices, and more frequently if determined to be necessary by prior operating experience:    a. 38R receiver: An internal inspection had not been performed on the 38R vessel (the 38 receiver) since September 1994.    b. 45R reactor inspection and tests (thickness testing) were not performed in a frequency consistent with good engineering practices. Thickness testing had not been performed since testing that resulted in a February 2011 thickness measurement that was 0.001 inches above the manufacturer's minimum thickness. Since the reported corrosion rate was 0.001 inches per year, good engineering practices (API 510) would require the next thickness measurement be taken by February 2012.    c. 40R reactor: The 2 inch rupture disk (Carbonne Graphilor) vessel relief device was due for replacement in 2010. There was no documentation of replacement.  PSI for the 40R reactor process lists a pressure relief valve for the vessel, a pressure relief valve for the jacket and a rupture disk for the jacket. There is no information for these devices having been properly maintained, inspected, recertified or replaced.    d. R32-01 (20 reactor chlorination):  A 3 inch pressure relief valve (Crosby JLT-JOS-15J) was past due for testing/inspection and two 3 inch rupture disks were past due for inspection and replacement.    e. 18R reactor a 4 inch rupture disk was past due for inspection and replacement.    f. 19R reactor a 4 inch rupture disk was past due for inspection and replacement.    g. 49R reactor a 3 inch pressure relief valve (Crosby) is past due for testing/inspection and two 3 inch rupture disks were past due for inspection and replacement.    h. 4R reactor: A 2 inch x 2 inch pressure relief valve (Consolidated) was past due for testing/inspection and a 2 inch rupture disk (Carbonne Graphilor) was past due for inspection and replacement.    i. 5R reactor: A 2 inch rupture disk (Carbonne Graphilor) was past due for inspection and replacement.    j. 58R reactor: A 4 inch rupture disk (Carbonne Graphilor) was past due for inspection and replacement.    k. 41R reactor: A 3 inch rupture disk was past due for inspection and replacement.

Issued

2012-11-26 00:00:00

Abate by

2014-06-04 00:00:00

Penalty

Initial $0.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(j)(4)(iv): The employer shall document each inspection and test that has been performed on process equipment. The documentation shall 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:    Inspections and tests were not documented for process equipment, including but not limited to:    a. 35R reactor: For an August 2010 equipment inspection,  the employer did not document the testing equipment or methodology for thickness testing, complete specific testing data was not maintained, the date of testing, and serial number, the U-1 information or other specific identifying information was not documented. The employer did not have the information in a complete inspection report, or in an equipment and/or inspection file.      b. 5R reactor: For a May 2008 inspection, complete specific testing data was not maintained, the equipment serial number, board number, U-1 or data plate information was not documented, the employer did not document the testing equipment or methodology for thickness testing and glass liner testing and/or a description of the inspection or test performed. For an August 10, 2010 inspection, the employer did not document the testing equipment or methodology for thickness testing and glass liner testing. Due to the lack of specific identifier(s) for the May 2008 inspection, thickness data for a new 5R reactor was compared to a reactor that was replaced in 2009.    c. 1R reactor: For a December 2009 inspection, the employer did not document the testing equipment or methodology for thickness testing and glass liner testing and/or a description of the inspection or test performed.    d. 72R reactor: A September 2011 inspection did not document the testing equipment or methodology for thickness testing, the equipment serial number, board number, U-1 or data plate information was not documented and/or a description of the inspection or test performed was not documented.    e. 75R reactor: A September 2011 inspection, the equipment serial number, board number, U-1 or data plate information was not documented, the employer did not document the testing equipment or methodology for thickness testing, and/or a description of the inspection or test performed.    f. 40R reactor: For a May 2008 inspection, specific thickness measurement testing data for each thickness measurement location was not documented for this vessel. The report summary lists ranges of values and the Corrosion Monitoring Report data table is not populated with the thickness measurement for each thickness monitoring location.    g. 45R reactor: For a February 2011 inspection, specific thickness measurement testing data for each thickness measurement location was not documented for this vessel. The report summary lists single values and the Corrosion Monitoring Report data table was not populated with the thickness measurement for each thickness monitoring location.    h. 133T storage tank: For a 2002 inspection, no documentation exists. This inspection is referenced in an August 2010 inspection and used in remaining life calculations for this vessel.    i. For the following equipment inspections the employer did not document the testing equipment or methodology for thickness testing and/or a description of the inspection or test performed: 4R reactor  August 2010 and December 2002, 34R reactor  January 2011, 19R  May 2008, 2R reactor  December 2009, 18R reactor  August 2011, 20 reactor (Chlorination  R-032-01)  May 2008, 38R receiver  October 2010, 51R  August 2011, 52R  January 2011 and 58R  August 2011.    j. Relief device testing, inspection, recertification and replacement was not documented for the following phosphites department vessels: 34R reactor - rupture disk, 35R reactor - rupture disk, 48R phenol receiver - rupture disk, 51R reactor- rupture disk and pressure relief valve, 72R reactor - rupture disk, 133T storage tank - rupture disk and pressure relief valve, 308T knockout pot - rupture disk, and 425T receiver - rupture disk.    k. A 2008 piping inspection of the PCl3 loading line was not documented.

Issued

2012-11-26 00:00:00

Abate by

2013-02-27 00:00:00

Penalty

Initial $7000.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(j)(5): Equipment deficiencies. The employer shall correct deficiencies in equipment that are outside acceptable limits (defined by the process safety information in paragraph (d) of this section) before further use or in a safe and timely manner when necessary means are taken to assure safe operation:    a. 35R for an August 2010 inspection:  The glass lining repair was not documented. Additionally, a thickness measurement (TML #N5) that was below retirement thickness taken during an October 2010 inspection was not resolved.      b. 2R for a December 2009 inspection: Gasket repair, exterior corrosion treatment and vessel recoating were not documented.    c. 1R for a December 2009 inspection: Required repairs, including the installation of an appropriately marked rupture disk, repair of a leak, installation of an appropriate pressure relief valve for the vessel jacket, exterior corrosion treatment and vessel recoating were not documented.     d. 4R for a May 2008 inspection: Rupture disk replacement was not documented.    e. 34R for an October 2010 inspection report associated with an August 2010 inspection: A thickness measurement in the vessel shell top head (TML #D2) that was at retirement thickness was not resolved. Additional inspection reports for January 2011, February 2011 and August 2011 do not resolve this data.  Additionally, the center top head flange gasket repair from the August 2011 inspection and the top head 36 inch flange gasket repair from the January 2011 inspection deficiency corrections were not made and/or documented to address leaks.    f. 20 reactor (chlorination) also known as R-032-01 for a May 2008 inspection:  A thickness measurement in the vessel shell bottom head (TML #E3) that was below the manufacturer's minimum thickness from the U-1 data report was not resolved.  Appropriate recalculated minimum thickness values were not documented for the associated inspection report.        g. 19R for a May 2008 inspection:  A thickness measurement in the vessel shell bottom head (TML #E2) that was below the  manufacturer's minimum thickness values from the U-1 data report was not resolved.      h. 18R for an August 2011 inspection: The correction of deficiencies noted related to paint failure and exterior corrosion was not documented.    i. 40R for a May 2008 inspection: A thickness measurement data point in the vessel shell top head that was below calculated minimum thickness was not resolved.    j. 41R for an August 2011 inspection: The correction of deficiencies noted related to jacket failure (oil service) were not documented.    k. 45R for a February 2011 inspection: The correction of deficiencies noted related to corrosion, scale, pitting and metal wastage were not documented.    l. PCl3 piping loading line for a 2008 inspection referenced in Phosphites PHA Recommendation 212: The correction of deficiencies for the replacement and/or repair of PCl3 piping was not documented.

Issued

2012-11-26 00:00:00

Abate by

2014-03-28 00:00:00

Penalty

Initial $7000.00 · Current $7000.00

Hazardous substances 20932590

General-duty citation text

29 CFR 1910.119(j)(6)(i): In the construction of new plants and equipment, the employer shall assure that equipment as it is fabricated is suitable for the process application for which they will be used:    Equipment was not suitable for new process applications, including but not limited to:    a. A rupture disk was installed for 32R reactor during the 2012 reactor installation project, with an inappropriate pressure set point for relief.    b. A rupture disk was installed for 36R reactor during the 2012 reactor installation project, with an inappropriate pressure set point for relief.

Issued

2012-11-26 00:00:00

Abate by

2014-06-04 00:00:00

Penalty

Initial $0.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(j)(6)(ii): Appropriate checks and inspections shall be performed to assure that equipment is installed properly and consistent with design specifications and the manufacturer's instructions:    a. The employer did not have a quality assurance program to assure that repair and replacement of parts, materials and equipment were of suitable construction for the chemical service, design basis and process operating parameters.

Issued

2012-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $7000.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(l)(1): The employer shall establish and implement written procedures to manage changes (except for "replacements in kind") to process chemicals, technology, equipment, and procedures; and, changes to facilities that affect a covered process:    The employer did not implement management of change (MOC) process for chemical, technology, equipment, procedural and facility changes that include, but are not limited to:    a. The MOC process was not implemented and documented for the 20 reactor UV light removal project in the chlorination department.    b. The MOC process was not implemented and documented for 400T tank when it was returned to service for a different process chemical use.    c. The MOC process was not documented and fully implemented for the Main Street PCl3 piping supply line for phosphites.    d. The MOC process was not documented for the PCl3 storage tank (T133) relief device tie-in to the phosphites department aqueous scrubber.    e. The MOC process was not documented for the bromine storage tank (T200) relief device tie-in to the chlorination department caustic scrubber.

Issued

2012-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(l)(2)(ii): Management of Change. The procedures shall assure that the following considerations are addressed prior to any change:  Impact of change on safety and health:    Prior to a change, the impact of change on safety and health was not considered for the following management of change (MOC) processes, including but are not limited to:    a. MOC-12-049:  The MOC for replacing damaged PVC lines did not adequately address the impact on safety and health, in that it did not address the impact of potential runaway reaction temperatures or other scenarios resulting in venting to the scrubber, exceeding the replacement material specifications for the scrubber vent lines that connect the phosphites reactors to the building wet scrubber process equipment.    b. MOC-12-058:  The MOC process for replacing the 34R demister with a spool piece did not address safety and health impact.    c. The MOC for the 247T conversion to a production reactor did not address the impact of converting the tank to a reactor on employee safety and health.    d. Phosphites department 44R process:  The MOC RFC 11-005 did not address the impact on safety and health for increasing vessel capacity regarding the impact on relief device protection by certifying the design and design basis documentation, evaluating safety systems and pipe pressure testing documentation.

Issued

2012-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $7000.00

Hazardous substances 204020932590

General-duty citation text

29 CFR 1910.119(l)(2)(iii): Management of change. The procedures shall assure that the following considerations are addressed prior to any change:  Modifications to operating procedures:    Modifications to operating procedures were not considered for management of change (MOC) processes that include but are not limited to:    a. RFC-11-044, Charge PCL3 from Main Street into 44R, 51R, and 36R did not consider modifications to the 36R reactor process utilizing PCl3, PHOS SOPM 409, 9228 Production in 36  R (PCl3 Process).    b. RFC-11-044, Charge PCL3 from Main Street into 44R, 51R, and 36R did not consider modifications to PHOS SOPM 150, General Start Up Procedure.    c. RFC-11-044, Charge PCL3 from Main Street into 44R, 51R, and 36R did not consider modifications to PHOS SOPM 152, Power Failure Emergency Shutdown Procedure.    d. RFC-11-044, Charge PCL3 from Main Street into 44R, 51R, and 36R did not consider modifications to PHOS SOPM 151, General Shutdown Procedure.    e. MOC-12-058, replace 34R off gas demister to 13 column with a spool piece did not consider operating procedures for the 34R reactor process and associated equipment.

Issued

2012-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $7000.00 · Current $7000.00

Hazardous substances 20402093

General-duty citation text

29 CFR 1910.119(l)(4): Management of change. If a change covered by this paragraph results in a change in the process safety information required by paragraph (d) of this section, such information shall be updated accordingly:    Process safety information was not updated for management of change (MOC) processes that include, but are not limited to:    a. Phosphites department: Alteration of the former 35R/36R system process to a stand-alone 35R reactor process impacted process safety information (PSI), including but not limited to process chemistry, relief system design and design basis, material and energy balance and safety systems. PSI was not updated following this change.    b. PSI was not updated following 32R and 36R connection to Main Street. P&IDs were not updated to reflect new piping, including connection to xylene for 9228 production.

Issued

2012-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(l)(5): If a change covered by this paragraph results in a change in the operating procedures or practices required by paragraph (f) of this section, such procedures or practices shall be updated accordingly:    Operating procedures were not updated as a result of management of change (MOC) processes including but not limited to:    a. Changes were not made to the phosphites department operating procedures for 36 R reactor, PHOS SOPM 409, 9228 Production in 36R (PCL3 Process), following the MOC process, RFC-11-044, charge PCL3 from Main Street into 44R, 51R, and 36R. PHOS SOPM 409 still contains instructions for charging 44R reactor with the day tank and not Main Street (the PCL3 supply piping circuit for building #27 phosphites.)    b. Changes were not made to the phosphites department operating procedures for 44R reactor, PHOS SOPM 303, 44R Doverphos DP10 Production, following the management of change process, RFC-11-044, charge PCL3 from Main Street into 44R, 51R, and 36R. PHOS SOPM 303 still contains instructions for charging 44R reactor with the day tank and not Main Street (the PCL3 supply piping circuit for building #27 phosphites.)    c. Changes were not made to the phosphites department operating procedure, PHSO SOPM 150, General Start Up following the management of change process, RFC-11-044, Charge PCL3 from Main Street into 44R, 51R, and 36R. PHOS SOPM 150 still contains instructions for padding 224T and 261T (the former PCl3 day tanks) and no mention of main street (the PCL3 supply piping circuit for building #27 phosphites.)    d. Changes were not made to the phosphites department operating procedure, PHOS SOPM 152, Power Failure Emergency Shutdown, following the management of change process, RFC-11-044, Charge PCL3 from Main Street into 44R, 51R, and 36R. PHOS SOPM 152 still contains instructions for stopping additions to 224T and 261T (the former PCl3 day tanks) and no mention of main street (the PCL3 supply piping circuit for building #27 phosphites.)    e. Changes were not made to the phosphites department operating procedure, PHSO SOPM 151, Phosphite Plant General Shutdown following the management of change process, RFC-11-044, Charge PCL3 from main street into 44R, 51R, and 36R. PHOS SOPM 151 still addresses tanks 224T and 261T (the former PCl3 day tanks) and no mention of actions related to main street (the PCL3 supply piping circuit for building #27 phosphites.)    f. Changes were not made, or procedures implemented, for transesterification reaction processes associated with 34R reactor following the management of change process, MOC-12-158, replace 34R off gas demister to 13 column with a spool piece. There were no normal operating procedures in place for this reactor.

Issued

2012-11-26 00:00:00

Abate by

2013-02-27 00:00:00

Penalty

Initial $7000.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(m)(5): The employer shall establish a system to promptly address and resolve the incident report findings and recommendations. Resolutions and corrective actions shall be documented:    a. The employer had not established a system to develop recommendations from incident investigations and track the recommendations to completion. The employer did not track incident report findings and recommendations to completion that included but are not limited to 13 recommendations related to a fire event from phosphine gas generation, eight recommendations related to a damaged hose event, eight recommendations related to a pump leak and six recommendations related to the loading of a bleach tote.

Issued

2012-11-26 00:00:00

Abate by

2012-12-14 00:00:00

Penalty

Initial $7000.00 · Current $7000.00

Hazardous substances 2590

General-duty citation text

29 CFR 1910.178(c)(2)(iv): Power-operated industrial trucks designated as DY, EE, or EX may be used in locations where volatile flammable liquids or flammable gases are handled, processed or used, but in which the hazardous liquids, vapors or gases will normally be confined within closed containers or closed systems from which they can escape only in case of accidental rupture or breakdown of such containers or systems, or in the case of abnormal operation of equipment; also in locations in which hazardous concentrations of gases or vapors are normally prevented by positive mechanical ventilation but which might become hazardous through failure or abnormal operation of the ventilating equipment; or in locations which are adjacent to Class I, Division 1 locations, and to which hazardous concentrations of gases or vapors might occasionally be communicated unless such communication is prevented by adequate positive-pressure ventilation from a source of clear air, and effective safeguards against ventilation failure are provided:    a. As of and prior to July 31, 2012, in building #27 in a designated Class 1, Division 2, Group D classified area,  a non-rated fork lift industrial truck type LP was being used for the purpose of moving pallets and other materials.

Issued

2012-11-26 00:00:00

Abate by

2012-12-06 00:00:00

Penalty

Initial $5500.00 · Current $5000.00 Reduced

General-duty citation text

29 CFR 1910.219(c)(2)(i):  All exposed parts of horizontal shafting seven (7) feet or less from floor or working platform, excepting runways used exclusively for oiling, or running adjustments, shall be protected by a stationary casing enclosing shafting completely or by a trough enclosing sides and top or sides and bottom of shafting as location requires:    a. On August 23, 2012, in the1P chlorination building #6, an exposed horizontal shaft was not completely enclosed on the 40R reactor circulation pump motor.

Issued

2012-11-26 00:00:00

Penalty

Initial $5500.00 · Current $5500.00

General-duty citation text

29 CFR 1910.303(b)(2):  Installation and use. Listed or labeled equipment shall be installed and used in accordance with any instructions included in the listing or labeling:    a. On May 30, 2012, in the phosphites control room, an extension cord had been cut and hardwired into a wall mounted electrical service box.

Issued

2012-11-26 00:00:00

Abate by

2012-12-06 00:00:00

Penalty

Initial $0.00 · Current $5500.00

General-duty citation text

29 CFR 1910.305(g)(1)(iv)(A): Unless specifically permitted otherwise in paragraph (g)(1)(ii) of this section, flexible cords and cables may not be used:  As a substitute for the fixed wiring of a structure:    a. On the May 30, 2012, in the control room of the phosphites plant, there was a junction box with a conductor entering an opening. The conductor was not protected from abrasion, and was not provided strain relief protection.    b. On May 30, 2012, in the phosphites control room, an extension cord had been cut and hardwired into a wall mounted electrical service box.

Issued

2012-11-26 00:00:00

Penalty

Initial $5500.00 · Current $5500.00

General-duty citation text

29 CFR 1910.304(g)(5):  Grounding path. The path to ground from circuits, equipment, and enclosures shall be permanent, continuous, and effective:     a. On the August 29, 2012, in building #2 shipping and storage near the S9228 hammer mill there was an energized extension cord powering a portable radio. The ground on the extension cord was not present.    b. On the August 29, 2012, in building #2 shipping department near the shipping office, there was an energized industrial fan with a missing ground prong, posing an electrocution hazard.

Issued

2012-11-26 00:00:00

Penalty

Initial $5500.00 · Current $5500.00

General-duty citation text

29 CFR 1910.305(b)(1)(i): Conductors entering cutout boxes, cabinets, or fittings shall be protected from abrasion, and openings through which conductors enter shall be effectively closed:    a. On the May 30, 2012, in the control room of the phosphites plant, there was a junction box with a conductor entering an opening. The conductor was not protected from abrasion, and was not provided strain relief protection.    b. On August 23, 2012, in the building #6 1P chlorination behind 2 BC vaporizer, the conduit had been damaged resulting in exposed energized conductors under stress and exposed to abrasion. Employees pass this area to check equipment and work on the motor powered by the electrical power supply that was exposed by the damaged conduit.

Issued

2012-11-26 00:00:00

Penalty

Initial $5500.00 · Current $5500.00

General-duty citation text

29 CFR 1910.305(b)(1)(ii): Unused openings in cabinets, boxes, and fittings shall be effectively closed:    a. On the 30th of May 2012, in the control room of the phosphites plant there was a junction box with an unused opening mounted adjacent to the North door.    b. On July 27, 2012, in the office building walkway outside of the main lobby mens restroom, there was a subpanel box that was not dead front. The main circuit was open without a breaker or other enclosure and live parts were visible. This was labeled main lower lobby in pen above the cabinet. The main switch or circuit was empty exposing a high voltage conductor.

Issued

2012-11-26 00:00:00

Abate by

2014-09-30 00:00:00

Penalty

Initial $70000.00 · Current $7000.00 Reduced

General-duty citation text

29 CFR 1910.119(d)(3)(i)(A): Information pertaining to the equipment in the process shall include:    Materials of construction:   Pipe specifications as part of process safety information are not addressed in the facility. Piping and piping components material documentation, as part of an evaluation or design basis are not maintained. A systematic approach defining circuitry and identifying the material of construction relating to each defined piping circuit does not exist. The documentation for materials of construction for piping and piping component replacement does not exist for the following equipment, including but not limited to:    a. Chlorination 40R reactor process: materials of construction were not addressed for piping and piping components.

Issued

2012-11-26 00:00:00

Abate by

2014-09-30 00:00:00

Penalty

Initial $7000.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(d)(3)(i)(A): Information pertaining to the equipment in the process shall include:    Materials of construction:   Pipe specifications as part of process safety information are not addressed in the facility. Piping and piping components material documentation, as part of an evaluation or design basis are not maintained. A systematic approach defining circuitry and identifying the material of construction relating to each defined piping circuit does not exist. The documentation for materials of construction for piping and piping component replacement does not exist for the following equipment, including but not limited to:    a. Chlorination 20 reactor process: materials of construction were not addressed for piping and piping components.

Issued

2012-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $7000.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(d)(3)(i)(A): Information pertaining to the equipment in the process shall include:    Materials of construction:   Pipe specifications as part of process safety information are not addressed in the facility. Piping and piping components material documentation, as part of an evaluation or design basis are not maintained. A systematic approach defining circuitry and identifying the material of construction relating to each defined piping circuit does not exist. The documentation for materials of construction for piping and piping component replacement does not exist for the following equipment, including but not limited to:     a. Chlorination chlorine unloading and vaporizers process: materials of construction were not addressed for piping and piping components.

Issued

2012-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $7000.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(d)(3)(i)(A): Information pertaining to the equipment in the process shall include:    Materials of construction:   Pipe specifications as part of process safety information are not addressed in the facility. Piping and piping components material documentation, as part of an evaluation or design basis are not maintained. A systematic approach defining circuitry and identifying the material of construction relating to each defined piping circuit does not exist. The documentation for materials of construction for piping and piping component replacement does not exist for the following equipment, including but not limited to:     a. Chlorination 18R/19R process: materials of construction were not addressed for piping and piping components.

Issued

2012-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $7000.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(d)(3)(i)(A): Information pertaining to the equipment in the process shall include:    Materials of construction:   Pipe specifications as part of process safety information are not addressed in the facility. Piping and piping components material documentation, as part of an evaluation or design basis are not maintained. A systematic approach defining circuitry and identifying the material of construction relating to each defined piping circuit does not exist. The documentation for materials of construction for piping and piping component replacement does not exist for the following equipment, including but not limited to:     a. Chlorination 49R reactor process: materials of construction were not addressed for piping and piping components.

Issued

2012-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $7000.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(d)(3)(i)(A): Information pertaining to the equipment in the process shall include:    Materials of construction:   Pipe specifications as part of process safety information are not addressed in the facility. Piping and piping components material documentation, as part of an evaluation or design basis are not maintained. A systematic approach defining circuitry and identifying the material of construction relating to each defined piping circuit does not exist. The documentation for materials of construction for piping and piping component replacement does not exist for the following equipment, including but not limited to:     a. Chlorination 4R/5R process: materials of construction were not addressed for piping and piping components.

Issued

2012-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $7000.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(d)(3)(i)(A): Information pertaining to the equipment in the process shall include:    Materials of construction:   Pipe specifications as part of process safety information are not addressed in the facility. Piping and piping components material documentation, as part of an evaluation or design basis are not maintained. A systematic approach defining circuitry and identifying the material of construction relating to each defined piping circuit does not exist. The documentation for materials of construction for piping and piping component replacement does not exist for the following equipment, including but not limited to:     a. Chlorination 4R/5R process: materials of construction were not addressed for piping and piping components.

Issued

2012-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $7000.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(d)(3)(i)(A): Information pertaining to the equipment in the process shall include:    Materials of construction:   Pipe specifications as part of process safety information are not addressed in the facility. Piping and piping components material documentation, as part of an evaluation or design basis are not maintained. A systematic approach defining circuitry and identifying the material of construction relating to each defined piping circuit does not exist. The documentation for materials of construction for piping and piping component replacement does not exist for the following equipment, including but not limited to:     a. Chlorination 45R reactor and Acid Absorber system process: materials of construction were not addressed for piping and piping components.

Issued

2012-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $7000.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(d)(3)(i)(A): Information pertaining to the equipment in the process shall include:    Materials of construction:   Pipe specifications as part of process safety information are not addressed in the facility. Piping and piping components material documentation, as part of an evaluation or design basis are not maintained. A systematic approach defining circuitry and identifying the material of construction relating to each defined piping circuit does not exist. The documentation for materials of construction for piping and piping component replacement does not exist for the following equipment, including but not limited to:    a. Phosphites 51R reactor process: materials of construction were not addressed for piping and piping components.

Issued

2012-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $7000.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(d)(3)(i)(A): Information pertaining to the equipment in the process shall include:    Materials of construction:   Pipe specifications as part of process safety information are not addressed in the facility. Piping and piping components material documentation, as part of an evaluation or design basis are not maintained. A systematic approach defining circuitry and identifying the material of construction relating to each defined piping circuit does not exist. The documentation for materials of construction for piping and piping component replacement does not exist for the following equipment, including but not limited to:     a. Phosphites 34R reactor process: materials of construction were not addressed for piping and piping components.

Issued

2012-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $7000.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(d)(3)(i)(A): Information pertaining to the equipment in the process shall include:    Materials of construction:   Pipe specifications as part of process safety information are not addressed in the facility. Piping and piping components material documentation, as part of an evaluation or design basis are not maintained. A systematic approach defining circuitry and identifying the material of construction relating to each defined piping circuit does not exist. The documentation for materials of construction for piping and piping component replacement does not exist for the following equipment, including but not limited to:     a. Phosphites 72R reactor process: materials of construction were not addressed for piping and piping components.

Issued

2012-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $7000.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(d)(3)(i)(A): Information pertaining to the equipment in the process shall include:    Materials of construction:   Pipe specifications as part of process safety information are not addressed in the facility. Piping and piping components material documentation, as part of an evaluation or design basis are not maintained. A systematic approach defining circuitry and identifying the material of construction relating to each defined piping circuit does not exist. The documentation for materials of construction for piping and piping component replacement does not exist for the following equipment, including but not limited to:    a. Phosphites 44R reactor process: materials of construction were not addressed for piping and piping components.

Issued

2012-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $7000.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(d)(3)(i)(A): Information pertaining to the equipment in the process shall include:    Materials of construction:   Pipe specifications as part of process safety information are not addressed in the facility. Piping and piping components material documentation, as part of an evaluation or design basis are not maintained. A systematic approach defining circuitry and identifying the material of construction relating to each defined piping circuit does not exist. The documentation for materials of construction for piping and piping component replacement does not exist for the following equipment, including but not limited to:         a. Phosphites Main Street PCl3 piping feed into phosphites department connecting PCl3 storage to reactors: materials of construction were not documented for piping and piping components.

Issued

2012-11-26 00:00:00

Abate by

2015-03-30 00:00:00

Penalty

Initial $70000.00 · Current $7000.00 Reduced

General-duty citation text

29 CFR 1910.119(e)(5): The employer shall 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; 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:     The employer did not resolve, and/or act on, PHA findings and recommendations, did not resolve them in a timely manner or did not document the resolution for the following PHA recommendations that include, but were not limited to:    add worksheet

Issued

2012-11-26 00:00:00

Abate by

2014-09-30 00:00:00

Penalty

Initial $70000.00 · Current $7000.00 Reduced

General-duty citation text

29 CFR 1910.119(f)(1)(ii)(A):  The employer shall 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 shall address at least the following elements: Consequences of deviation:    In the building #27 phosphite production plant, the employer did not have written operating procedures that clearly provide instructions associated with consequences of deviation. The following procedures were found to be without consequences of deviation:    a. PHOS SOPM 101, Unloading Phosphorous Trichloride (PCl3) From ISO Containers and Tank Trucks     b. PHOS SOPM 150, General Start Up    c. PHOS SOPM 151, General Shut Down    d. PHOS SOPM 152, Power Failure Emergency Shutdown    e. PHOS SOPM 200, Unloading Railcars-Raw Materials    f. PHOS SOPM 201, Unloading Trucks  Raw Materials    g. PHOS SOPM 204, Operation of 383 Tank    h. PHOS SOPM 205, Unloading PCl3 From Railcars    i. PHOS SOPM 206, Changing Filter for 44Rx and 75Rx    j. PHOS SOPM 207, Replacing Dirty TCP in 508T/510T    k. PHOS SOPM 208, Charging Phenol to 75Rx    l. PHOS SOPM 220, Storage of Raw Materials    m. PHOS SOPM 295, Charging Used (Distilled) Phenol Back to Reactors    n. PHOS SOPM 297, Trouble-Shooting In Process Batches    o. PHOS SOPM 298, Batch Transfer    p. PHOS SOPM 299, Batch Release     q. PHOS SOPM 301, 51R Doverphos DP4 Production    r. PHOS SOPM 303, 44R Doverphos DP10 Production    s. PHOS SOPM 304, 75R Doverphos DP4 Production    t. PHOS SOPM 310, Hi-Pure Unit Operation    u. PHOS SOPM 401, #23 Hot Oil System Operation    v. PHOS SOPM 402, Plate and Frame Filter Operation    w. PHOS SOPM 403, Acid Absorber / Jet Tank / Fume Scrubber System Operation    x. PHOS SOPM 404, Charging Reactors    y. PHOS SOPM 405, Carbon (Acid) Tower Operation    z. PHOS SOPM 406, Carbon Tower Washout / Neutralization Procedure    aa. PHOS SOPM 407, Carbon Tower Operation    bb. PHOS SOPM 409, 9228 Production in 36R (PCl3 Process)    cc. PHOS SOPM 410, Production of 9228 in 32R    dd. PHOS SOPM 411, 12 Lb Nitrogen Pad to 35R Between Batches    ee. PHOS SOPM 800, Tank Capacities    ff. NPP-70, Phenol Recovery Charging 399 Tank from 135 Tank    In the building #17 chlorination 1C production department, the employer did not have written operating procedures that clearly provided instructions associated with consequences of deviation. The following procedures were found to be without consequences of deviation:    gg. 1C-11, Chlorine Bleed Down Procedure    hh. 1C-16, 49 Reactor Operating Procedure    ii. 1C-17, 8 Reactor Operating Procedure    jj. 1C-18, 49 Reactor Shutdown Procedure    kk. 1C-19, 63 Reactor Shutdown Procedure    ll. 1C-20, Absorber Startup & Operation    mm. 1C-21, 20 Reactor Operating Procedure (#32 Reactor)    nn. 1C-22, 19 Reactor Operation    oo. 1C-23, 58 Reactor Operation    pp. 1C-24, 18 Reactor Operation    qq. 1C-26, 20 Reactor Shut Down    rr. 1C-27, 18 & 19 Reactor Shut Down    ss. 1C-29, Emergency Shutdown Power Failure    tt. 1C-31, Unloading Raw Material-Tank Trucks    uu. 1C-32, Storage of Raw Material    vv. 1C-45, Method for Reclaiming Chloroform/Carbon Tetrachloride Solvent (CHCl3/CCl4).     ww. 1C-46, Chlorinating Fresh Batches in 20R or 49R    xx. 1C-47, Feed Batch Chlorination for C24-C28 Products    yy. 1C-48, By-Passing 20 Reactor Isolation Devices    In the building #6 chlorination 1P production department, the employer did not have written operating procedures that clearly provided instructions associated with consequences of deviation. The following procedures were found to be without consequences of deviation:    zz. 1P-002, Aeration Tower and Scrubber Operation    aaa. 1P-003, Brominations    bbb. 1P-02, Utility Plant Start Up and Operation    ccc. 1P-025, Absorber Start Up and Operation    ddd. 1P-03, General Plant Start Up and Operating Instructions    eee. 1P-03A, 1 and 2 Reactor Start Up and Operating Instructions    fff. 1P-03B, 1 and 2 Reactor Shutdown    ggg. 1P-03C, 4 Reactor Operating Procedure    hhh. 1P-03D, 5 Reactor Operating Procedure    iii. 1P-03E, 40 Reactor Operating Procedure    jjj. 1P-03F, 45 Reactor Operating Procedure    kkk. 1P-04, General Plant Shutdown    lll. 1P-05, Emergency Shutdown Procedures    mmm. 1P-06, Unloading Raw Material Railcars    nnn. 1P-07, Unloading Chlorine Railcars    ooo. 1P-08, Bromine Unloading    ppp. 1P-09, Unloading Raw Materials-Tank Truck    qqq. 1P-09A, Handling Instructions for C-14 and C-18 Alpha Olefins     rrr. 1P-10, Unloading Caustic  Tank Trucks    sss.  1P-11, Storage of Raw Materials    ttt. 1P-14, Acid Loading Tank Truck and Railcar     uuu. 1P-14A, Acid Loading Tank Truck (Driver Responsibility)    vvv. 1P-15, Loading Tank Trucks-Bleach    www. 1P-20, Chlorine Bleed Down Procedure    xxx. 1P-22, Air Blow Tanks

Issued

2012-11-26 00:00:00

Abate by

2014-09-30 00:00:00

Penalty

Initial $0.00 · Current $7000.00

General-duty citation text

29 CFR 1910.119(f)(1)(ii)(B): The employer shall 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 shall address at least the following elements: Steps required to correct or avoid deviation:    In the building #27 phosphites production plant, the employer did not have written operating procedures that clearly provided instructions associated with steps required to correct or avoid deviation. The following procedures were found to be without steps required to correct or avoid deviation:    a. PHOS SOPM 101,Unloading Phosphorous Trichloride (PCl3) From ISO Containers and Tank Trucks     b. PHOS SOPM 150, General Start Up    c. PHOS SOPM 151, General Shut Down    d. PHOS SOPM152, Power Failure Emergency Shutdown    e. PHOS SOPM 200, Unloading Railcars-Raw Materials    f. PHOS SOPM 201, Unloading Trucks  Raw Materials    g. PHOS SOPM 204, Operation of 383 Tank    h. PHOS SOPM 205, Unloading PCl3 From Railcars    i. PHOS SOPM 206, Changing Filter for 44Rx and 75Rx    j. PHOS SOPM 207, Replacing Dirty TCP in 508T/510T    k. PHOS SOPM 208, Charging Phenol to 75Rx    l. PHOS SOPM 220, Storage of Raw Materials    m. PHOS SOPM 295, Charging Used (Recycled) Phenol    n. PHOS SOPM 297, Trouble Shooting In-Process Batches    o. PHOS SOPM 298, Computer Batch Transfer    p. PHOS SOPM 299, Computer Batch Release to Storage    q. PHOS SOPM 301, 51R Doverphos DP4 Production    r. PHOS SOPM 303, 44R Doverphos DP10 Production    s. PHOS SOPM 304, 75R Doverphos DP4 Production    t. PHOS SOPM 310, HI-PURE Unit Operation    u. PHOS SOPM 401, Hot Oil System Operation    v. PHOS SOPM 402, Plate and Frame Filter Operation    w. PHOS SOPM 403, Acid Absorber / Jet Tank / Fume    x. PHOS SOPM 404, Charging Reactor    y. PHOS SOPM 405, Carbon (Acid) Tower Operation    z. PHOS SOPM 406, Carbon Tower Washout Procedure    aa. PHOS SOPM 407, F2C Carbon Ball Washout Procedure    bb. PHOS SOPM 409, 9228 Production in 36R (PCl3 Process)    cc. PHOS SOPM 410, Production of 9228 in 32R    dd. PHOS SOPM 411, 12 LB Nitrogen Pad to 35R Between Batches    ee. PHOS SOPM 800, Calculating Tank Capacities    ff. NPP-70, Phenol Recovery Charging 399 Tank from 135 Tank    In the building #17 chlorination 1C production department, the employer did not have written operating procedures that clearly provided instructions associated with steps required to correct or avoid deviation. The following procedures were found to be without steps required to correct or avoid deviation:    gg. 1C-11, Chlorine Bleed Down    hh. 1C-16 49 Reactor Operation    ii. 1C-17, 8 Reactor Operation    jj. 1C-18, 49 Reactor Shutdown    kk. 1C-19, 63 Reactor Shutdown    ll. 1C-20, Absorber Startup & Operation    mm. 1C-21, 20 Reactor Operation    nn. 1C-22, 19 Reactor Operation    oo. 1C-23, 58 Reactor Operation    pp. 1C-24, 18 Reactor Operation    qq. 1C-26, 20 Reactor Shutdown    rr. 1C-27, 19 Reactor Shutdown    ss. 1C-29, Emergency Shutdown  19 & 20    tt. 1C-31, Unloading Tank Trucks    uu. 1C-32, Raw Material Storage    vv. 1C-45, Method for Reclaiming CCl4    ww. 1C-46, Chlorination Procedure for 20R and 49R    xx. 1C-47, Feed Batch Chlorination    yy. 1C-48, By-Passing 20Rx Isolation Devices    In the building #6 Chlorination 1P production department, the employer did not have written operating procedures that clearly provided instructions associated with steps required to correct or avoid deviation. The following procedures were found to be without steps required to correct or avoid deviation:    zz. 1P-002, Aeration Tower and Scrubber Operation    aaa. 1P-003, Bromination    bbb. 1P-02, Utility Plant Start Up and Operation    ccc. 1P-025, Absorber Start Up and Operation    ddd. 1P-03, General Plant Start Up and Operating Instructions    eee. 1P-03A, 1 and 2 Reactor Start Up and Operating Instructions    fff. 1P-03B, 1 and 2 Reactor Shutdown    ggg. 1P-03C, 4 Reactor Operating Procedure    hhh. 1P-03D, 5 Reactor Operating Procedure    iii. 1P-03E, 40 Reactor Operating Procedure    jjj. 1P-03F, 45 Reactor Operating Procedure    kkk. 1P-04, General Plant Shutdown    lll. 1P-05, Emergency Shutdown    mmm. 1P-06, Unloading Railcars    nnn. 1P-07, Unloading Chlorine    ooo. 1P-08, Bromine Unloading    ppp. 1P-09, Unloading Tank Trucks    qqq. 1P-09A, Handling of C-14 and C-18    rrr. 1P-10, Unloading Caustic    sss. 1P-11, Storage of Raw Material    ttt. 1P-14, Loading Tank Trucks  Acid    uuu. 1P-14A, Acid Loading Tank Trucks    vvv. 1P-15, Loading Tank Trucks Bleach    www. 1P-20, Chlorine Bleed Down    xxx. 1P-22, Air Blow Tanks Operation

Issued

2012-11-26 00:00:00

Abate by

2015-03-30 00:00:00

Penalty

Initial $70000.00 · Current $7000.00 Reduced

General-duty citation text

29 CFR 1910.119(o)(4): The employer shall promptly determine and document an appropriate response to each of the findings of the compliance audit, and document that deficiencies have been corrected:    a. For the May 2011 compliance audit, the employer had not corrected audit finding PSI-1 (1910.119(d)(1)) regarding engineering specifications for guidelines on corrosivity and materials of construction. Process safety information (PSI) in these areas had not been developed. The employer did not have fully developed guidelines on corrosivity for process equipment and materials of construction information, such as piping specifications had not been documented.    b. For the May 2011 compliance audit, the employer had not corrected audit finding PSI-2 (1910.119(d)(1)) regarding the hazardous effects of inadvertent mixing for process chemicals. Prior to the initiation of this inspection, the employer had not developed a guideline for inadvertent mixing as part of process safety information to correct this audit finding.    c. For the May 2011 compliance audit, the employer had not corrected audit finding PSI-3 (1910.119(d)(2)) regarding updating information pertaining to technology of the processes. The employer had not reviewed and then updated process safety information as a corrective action for this audit finding.    d. For the May 2011 compliance audit, the employer had not corrected audit finding PSI-4 (1910.119(d)(3)) regarding compiling process safety information for materials of construction, electrical classification, rupture disks and pressure relief valves. Materials of construction information were not in place, electrical classification information was not complete and ruptured disk/pressure relief device information is also not complete.    e. For the May 2011 compliance audit, the employer had not corrected audit finding PSI-5 (1910.119(d)(3)) regarding safety systems. The employer had not compiled process safety information for safety systems such as alarms, interlocks and permissives.    f. For the May 2011 compliance audit, the employer had not corrected audit finding PSI-6 (1910.119(d)(3)(ii)) regarding recognized and generally accepted good engineering practices (RAGAGEP) documentation for equipment. The employer had not evaluated equipment and compiled information for equipment RAGAGEP compliance.    g. For the May 2011 compliance audit, the employer had not corrected audit finding OP-1 (1910.119(f)(1)) regarding resolution of operating procedure content. Written operating procedures were not compliant.    h. For the May 2011 compliance audit, the employer had not corrected audit finding OP-2 (1910.119(f)(3)) regarding certification of operating procedures. Operating procedures were not reviewed, then certified as current and accurate.    i. For the May 2011 compliance audit, the employer had not corrected audit finding PSSR-2 (1910.119(i)) regarding tracking and documenting action item completion for pre-startup safety review (PSSR). PSSR action items were not tracked, completed and documented by the employer.    j. For the May 2011 compliance audit, the employer had not corrected audit finding MI-1 (1910.119(j)) regarding identifying all equipment to be included in the mechanical integrity program. The employer had not completed the documentation of a list of all equipment to be included in the mechanical integrity program, also known as the critical equipment list.    k. For the May 2011 compliance audit, the employer had not corrected audit finding MI-2 (1910.119(j)(2)) regarding establishing mechanical integrity programs. The employer had not implemented effective mechanical integrity programs.    l. For the May 2011 compliance audit, the employer had not corrected audit finding MI-3 (1910.119(j)(4)) regarding inspection and testing. The employer had equipment operating without any inspection and testing, with overdue inspection and testing and with inspection and testing that did not meet RAGAGEP.    m. For the May 2011 compliance audit, the employer had not corrected audit finding MI-4 (1910.119(j)(5)) regarding inspection and testing reported deficiency corrective action documentation. The employer had equipment operating with noted deficiencies that had not been adequately resolved, corrected and documented.    n. For the May 2011 compliance audit, the employer had not corrected audit finding MOC-4 (1910.119(l)(5)) regarding management of change (MOC) process safety information updates and procedure updates. Written operating procedure updates were not comprehensively occurring following MOC processes and reviews.    o. For the May 2011 compliance audit, the employer had not corrected audit finding II-1 (1910.119(m)(5)) regarding a system addressing investigation findings corrective actions. Incident investigation findings were not corrected and documented for completion.    p. For the May 2011 compliance audit, the employer had not corrected audit finding CA-2 (1910.119(o)(4)) regarding resolving 2007 compliance audit findings. The 2007 compliance audit findings were not completely corrected.    q. For the May 2011 compliance audit, the employer had not corrected audit finding PHA-2 (1910.119(e)(5)) regarding completion of outstanding process hazard analysis (PHA) recommendations from 2008.  PHA recommendations from 2008 were not completely resolved.    r. For the December 2007 compliance audit, the employer had not corrected finding 8 (1910.119(m)(5)) regarding a system addressing investigation findings corrective actions. Incident investigation findings were not corrected and documented for completion.    s. For the December 2007 compliance audit, the employer had not corrected finding 17 (1910.119(l)(5)) regarding updating management of change process safety information updates. Process safety information updates were not comprehensively occurring following MOC processes and review.    t. For the December 2007 compliance audit, the employer had not corrected finding 18 (1910.119(f)(1)(i-ii)) regarding operating procedures containing safe operating limits, consequence of deviation and corrective actions for deviations. Operating procedures currently did not contain this information.    u. For the May 2007 compliance audit, the employer had not corrected audit finding 19 (1910.119(f)(3)) regarding certification of operating procedures. Operating procedures were not reviewed, then certified as current and accurate.    v. For the May 2007 compliance audit, the employer had not corrected audit finding 23 (1910.119(e)(5)) regarding process hazard analysis (PHA) recommendation timely completion and proper documentation. Recommendations for 2008 PHA items were unresolved.    w. For the May 2007 compliance audit, the employer had not corrected audit finding 26 (1910.119(i)(2) and (l)(5)) regarding documentation and completion of PSSR/MOC action items. PSSR action items were not adequately tracked to completion and some action items were unresolved.    x. For the May 2007 compliance audit, the employer had not corrected audit findings 38 and 39 (1910.119(g)(1)) regarding operator and maintenance training. Operator and maintenance employee training programs were not compliant.    y. For the 2007 compliance audit, the employer had not corrected audit finding 41 (1910.119(g)(2)) regarding operator refresher training performance. Operator refresher training was not performed.      z. For the 2007 compliance audit, the employer had not corrected audit finding 43 (1910.119(j)(1)(i-vi)) regarding written vessel and tank inspection program for scheduled inspections. Inspections for all vessels and tanks were not adequate, timely and performed to RAGAGEP.    aa. For the 2007 compliance audit, the employer had not corrected audit finding 44 (1910.119(j)(1)(i-vi)) regarding written piping circuit and flexible hose inspection program. This program did not exist and the only piping circuit testing and inspection was not performed to RAGAGEP.    bb. For the 2007 compliance audit, the employer had not corrected finding 45 (1910.119(j)(1)(i-vi)) regarding relief device procedure development, completion of overdue inspections and program implementation. This program was inadequate, inspections were not properly documented, devices were not properly installed to the design basis and procedures for establishing predictive data were not established.    cc. For the 2007 compliance audit, the employer had not corrected finding 46 (1910.119(j)(1)(i-vi)) regarding emergency shutdown systems and area monitors. Procedures for inspection, maintenance and deficiency resolution were not in place for this type of equipment.     dd. For the 2007 compliance audit, the employer had not corrected finding 47 (1910.119(j)(1)(i-vi)) regarding critical equipment and instrumentation list, to include development of a preventive maintenance schedule and PSI development. The list, schedule and PSI had not been developed.    ee. For the 2007 compliance audit, the employer had not corrected finding 49 (1910.119(j)(3)) regarding maintenance training. The employer did not provide a documented maintenance training program for mechanical integrity and PSM requirements.    ff.  For the 2007 compliance audit, the employer had not corrected finding 50 (1910.119(j)(4)(ii)) regarding qualified contractors performing code inspections. Qualified piping inspections had not occurred to address this finding.    gg. For the 2007 compliance audit, the employer had not corrected finding 51 (1910.119(j)(3)(iv)) regarding work order use for future predictive maintenance activities. The work order system had not improved and predictive maintenance programs did not exist.    hh. For the 2007 compliance audit, the employer had not corrected finding 52 (1910.119(j)(5)) regarding equipment deficiency correction and documentation procedures.  The mechanical integrity program was deficient in this area.    ii. For the 2007 compliance audit, the employer had not corrected finding 53 (1910.119(j)(6)(ii)) regarding parts and equipment quality assurance. Although there were checklist items for MOC and PSSR forms, the facility had no functional quality assurance program in place.     jj. For the 2007 compliance audit, the employer had not corrected finding 54 (1910.119(d)(3)(ii)) regarding development of a critical equipment list for use in documenting design code/basis information and documenting RAGAGEP compliance. The equipment list had not been developed and equipment file information did not provide RAGAGEP compliance.     kk. For the 2007 compliance audit, the employer had not corrected findings 56 and 57 (1910.119(d)(3)) regarding PSI for instrument specifications, pipe specifications, process & instrumentation diagrams, relief system design basis, design codes and standards and safety systems were not corrected. PSI was not compiled and completely documented for these areas.

Issued

2012-11-26 00:00:00

Abate by

2012-12-14 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.132(d)(2):  The employer shall verify that the required workplace hazard assessment has been performed through a written certification that identifies the workplace evaluated; the person certifying that the evaluation has been performed; the date(s) of the hazard assessment; and, which identifies the document as a certification of hazard assessment:    a. In the phosphites plant building #27, the employer failed to identify, assess, and certify the hazard assesssment associated with celite 545 (crystalline silica) and tributylamine (TBA) had been completed.

Issued

2012-11-26 00:00:00

Abate by

2012-12-06 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.178(l)(6):  Certification. The employer shall certify that each operator has been trained and evaluated as required by this paragraph (l). The certification shall include the name of the operator, the date of the training, the date of the evaluation, and the identity of the person(s) performing the training or evaluation:    The employer failed to certify that employees received training following two accidents/ near misses:    a. On November 6, 2011, at dock #1 in the building #2 shipping department, an employee operating a tow motor ran over a patched spot of floor resulting in a small section of the floor breaking.     b. On August 24, 2011, at the building #2 shipping dock #3 truck loading/unloading areas, an employee was using a yard dog to move an ICS trailer; the door swung open resulting in damage to a parked freightliner in dock #3.