The U.S. Environmental Protection Agency (EPA) has announced a series of enforcement actions to address deficiencies in safety plans at eight facilities in Arizona, California, and Nevada that store or use hazardous chemicals. The Clean Air Act mandates that facilities using extremely hazardous substances must develop and implement risk management plans. These plans should outline the potential effects of a chemical accident, preventive measures, and emergency response procedures.
“It’s imperative to the safety of local communities and emergency responders – and it’s the law – that facilities with flammable and toxic chemicals act to prevent accidents and to have proper response procedures in place,” said EPA Pacific Southwest Regional Administrator Martha Guzman. “These enforcement actions represent EPA’s commitment to holding accountable facilities that have failed to follow our nation’s critical chemical safety laws.”
Significant Case in Northern California
At the K2 Pure Solutions Nocal facility in Pittsburg, California, which manufactures bleach, chlorine, and hydrochloric acid, the EPA discovered significant safety issues during a 2020 investigation. The issues included incomplete documentation of the facility’s pressure relief system, failure to timely address safety recommendations, and inadequate procedures for testing emergency response equipment.
In August 2021, the EPA ordered the facility to rectify these deficiencies. By April 2024, K2 had addressed most issues. The EPA reached a settlement requiring K2 to pay an $85,189 civil penalty and address the remaining deficiencies, including:
- Replacing instruments in an electrical hazardous area;
- Moving a chlorine pressure relief device discharge location to a safe location;
- Completing and implementing the results of a safety study on discharge locations for a dozen safety pressure relief devices;
- Addressing safety recommendations from recent process hazards analyses;
- Updating leak repair procedures;
- Certifying that all critical interlocks and instruments testing is current.
Under the agreement, K2 will also provide Contra Costa Health Services with emergency response resources through a supplemental environmental project (SEP). The SEP includes $264,990 in emergency response equipment, such as devices for detecting, identifying, and quantifying toxic industrial chemicals, and $98,041 for chlorine emergency response training. These projects will supply local responders near the K2 facility with essential equipment and training.
Penalties for Late Risk Management Plans
The EPA also assessed penalties to several facilities for late submission of Risk Management Plans (RMPs):
- Tolleson Dairy (Tolleson, Ariz.): $2,000 penalty; the facility, owned by Kroger Company, processes milk and uses anhydrous ammonia.
- Holcim Solutions and Products US, LLC (Garden Grove, Calif.): $2,000 penalty; the facility manufactures paint and coatings and uses toluene diisocyanate.
- North Brawley Geothermal Project (Brawley, Calif.): $1,600 penalty; the facility is a geothermal electric power plant using isopentane.
- City of Pasadena Water and Power (Pasadena, Calif.): $2,000 penalty; the facility is a water treatment plant that uses chlorine.
- Hazen Nevada Terminal (Hazen, Nev.): $1,600 penalty; the facility is a petroleum bulk terminal owned by South 49 Holdings that stores propane.
- Carlin Nevada Terminal (Carlin, Nev.): $1,600 penalty; another petroleum bulk terminal owned by South 49 Holdings storing propane.
- PPG Reno DC (McCarran, Nev.): $2,000 penalty; a chemical distribution center that stores flammable products.
These enforcement actions underline the EPA's commitment to ensuring chemical safety and compliance with national safety laws to protect both communities and emergency responders.
