IN RE OSHA INSPECTION NOS. 107607863 AND 107607871
_____________________________________
INSPECTION BY OCCUPATIONAL SAFETY )
AND HEALTH ADMINISTRATION, )
UNITED STATES DEPARTMENT OF LABOR )
)
)
OF )
)
)
IMC FERTILIZER, INC., AND )
ANGUS CHEMICAL COMPANY )
)
_____________________________________)
IMC Fertilizer, Inc. ("IMCF"), ANGUS Chemical Company ("ANGUS"), and Lynn Martin, Secretary of Labor, United States Department of Labor ("Secretary" or "OSHA"), and their successors, in full settlement of the above captioned matter, hereby agree to the following. This Informal Settlement Agreement, which includes Appendices A, B, C and D ("Agreement") is entered into solely to avoid the cost and burden of litigation, and to further the efforts of the parties to assure safe workplaces. This Agreement disposes of all issues involved in this case.
1. IMCF and ANGUS agree to implement process safety management procedures at the Sterlington, Louisiana Basic Nitroparaffins Plant and Nitroparaffins Derivatives Plant ("NP Plants"), pursuant to the terms and timetables set forth in this Agreement. IMCF agrees to implement process safety management procedures at the facilities listed in Appendix A to this Agreement, pursuant to the terms and timetables set forth in this Agreement. The goal of these process safety management procedures shall be to prevent the incidence and mitigate the consequences of a release involving nitromethane ("NM") or propane at the NP Plants, and ammonia ("NH(3)"), sulfur dioxide ("SO(2)") or sulfur trioxide ("SO(3)") at the facilities listed in Appendix A, that presents a risk of serious physical harm to workers.
The process safety management procedures shall: (1) establish a systematic approach to identifying, evaluating, and controlling processes involving NM or propane at the NP Plants, and NH(3), SO(2) or SO(3) at the facilities listed in Appendix A; (2) establish a management hierarchy to address the findings of any process hazard analysis; (3) recommend corrective action; and (4) confirm and document completion or other disposition of recommended corrective actions. The core components of the process safety management procedures to be implemented under this Agreement shall be (1) the process hazard analyses, as defined in Paragraph 2 below, for each process that has the potential for a release involving NM or propane at the NP Plants, and NH(3), SO(2) or SO(3) at the facilities listed in Appendix A, that present a risk of serious physical harm to workers, and (2) the process safety management analyses, as defined in Paragraph 3 below, to assess factors bearing on the overall safety of the facilities.
2. The process hazard analyses for the NP Plants shall be conducted by IMCF and ANGUS, or under their direction, utilizing a recognized methodology that will most suitably address the hazards of the particular process at issue. The process hazard analyses for the facilities identified in Appendix A to this Agreement shall be conducted by IMCF, or under its direction, utilizing a recognized methodology that will most suitably address the hazards of the particular process at issue. The process hazard analyses shall include, but not be confined to, (1) an analysis of working conditions which influence the safe performance of the job tasks performed by human operators, maintenance staff, technicians and other personnel, including identifying features of the job design likely to produce human error or accident event sequences, especially during startup/shutdown, maintenance operations, and upset/emergency conditions; (2) an analysis of the safety effectiveness of process hardware, including but not limited to the mechanical integrity, insulation, location, and blast/impact protection of process equipment (including but not limited to vessels, piping, valving, and instrumentation), especially during startup/shutdown, maintenance operations, and upset/emergency conditions; and (3) an analysis of the safety of maintenance procedures, especially during startup/shutdown and upset/emergency conditions.
The process hazard analyses shall be performed by individuals with expertise in engineering, process operations, and maintenance. The teams shall include at least one person with experience and knowledge specific to the hazard or process under evaluation.
3. In addition to performing the process hazard analyses described in Paragraph 2 above, IMCF and ANGUS will address the following issues in separate process safety management analyses of the NP Plants, and IMCF will address the following issues in separate process safety management analyses of the facilities listed in Appendix A to this Agreement, to ensure that these areas conform with applicable OSHA standards, generally accepted industry standards, or the requirements of the Occupational Safety and Health Act ("OSH Act"): a) procedures for startup/shutdown operations, including whether these procedures are adequately detailed and effectively communicated to operations personnel; b) training of operations personnel and supervisors, especially in the areas of startup/shutdown, upset/emergency conditions, emergency response procedures, and HAZCOM (as defined in 29 C.F.R. 1910.1200); c) contingency planning for upset conditions and emergency response planning, including but not limited to the adequacy of evacuation plans, and the adequacy of training and equipment for emergency responders; d) proper classification of hazardous locations and control over the introduction of ignition sources into such locations; e) systems to mitigate the scale of hazardous chemical releases, including but not limited to detonation traps and failsafe or isolation valving and instrumentation in process piping; and f) the siting, separation, design, configuration, maintenance, and operation of physical facilities and equipment, including but not limited to the adequacy of inspection and testing procedures. These process safety management analyses shall provide for and verify that specific plant personnel are assigned the authority and responsibility to identify and correct hazardous conditions to assure compliance with the OSH Act.
4. IMCF and ANGUS further agree to provide OSHA with a written verification by an outside party that the abatement actions undertaken by IMCF and ANGUS pursuant to Nos. 1, 2, 3, and 4(a) of Appendix C have been completed prior to the startup of the Phase I Operation of the Basic Nitroparaffins Plant.
5.a. IMCF and ANGUS agree that the process safety management procedures for the NP Plants shall require IMCF and/or ANGUS management to promptly address the findings and recommendations of each process hazard analysis and process safety management analysis for the NP Plants in writing and develop appropriate written recommendations. IMCF and ANGUS agree that: 1) any actions taken pursuant to the process hazard/process safety management analyses will be documented; 2) such actions shall be communicated to those operations, maintenance or other personnel who work in the NP Plants, including contractor employees, whose job tasks are affected by such actions; and 3) any required corrective action will be implemented according to this Agreement. If, upon consideration of the recommendations contained in process hazard/process safety management analyses, IMCF and ANGUS management determine that corrective action should be implemented, IMCF and ANGUS shall undertake such action. If IMCF and/or ANGUS disagree at any time with a hazard assessment or with a recommendation for corrective action contained in a process hazard/process safety management analysis, IMCF and/or ANGUS management shall explain the reasons for the disagreement in writing.
b. IMCF agrees that the process safety management procedures for the facilities listed in Appendix A to this Agreement shall require IMCF management to promptly address the findings and recommendations of each process hazard analysis and process safety management analysis for the facilities listed in Appendix A to this Agreement and develop appropriate recommendations. IMCF agrees that: 1) any actions taken pursuant to the process hazard/process safety management analyses will be documented; 2) such actions will be communicated to those operations, maintenance or other personnel who work in the facility, including contractor employees, whose job tasks are affected by such actions; and 3) any required corrective action will be implemented according to this Agreement. If, upon consideration of the recommendations contained in process hazard/process safety management analyses, IMCF management determines that corrective action should be implemented, IMCF shall undertake such action. If IMCF disagrees at any time with a hazard assessment or with a recommendation for corrective action contained in a process hazard/process safety management analysis, IMCF management shall explain the reasons for the disagreement in writing.
6. Within thirty days after execution of this Agreement, IMCF shall provide the respective OSHA Area Offices that have jurisdiction over the NP Plants and the facilities listed in Appendix A to this Agreement with the name of a management contact person for each facility. Within thirty days after execution of this Agreement, ANGUS shall provide the OSHA Area Office that has jurisdiction over the NP Plants with the name of a management contact person for the NP Plants. The respective management contact person(s) shall meet with the appropriate OSHA Area Director or his designee within sixty days thereafter, and as necessary to review actions planned or undertaken by IMCF and/or ANGUS pursuant to this Agreement, or to discuss implementation of this Agreement. Such meetings can be requested by OSHA, IMCF, or ANGUS.
7.a. IMCF and ANGUS agree to conduct the process hazard/process safety management analyses for the NP Plants, prepare management responses to the analyses, provide copies of such analyses and management responses to OSHA, and implement those corrective actions contained in or arising from such analyses recommended by IMCF and ANGUS management, in accordance with the timetables set forth in Appendix B to this Agreement.
b. IMCF agrees to conduct the process hazard/process safety management analyses for the facilities listed in Appendix A to this Agreement, prepare management responses to the analyses, provide copies of such analyses and management responses to OSHA, and implement those corrective actions contained in or arising from such analyses recommended by IMCF management, in accordance with the timetables contained in Appendix A to this Agreement.
8. If any of the timetables contained in Appendices A and B to this Agreement cannot be met, OSHA will not unreasonably deny a timely-filed petition for modification of abatement submitted pursuant to 29 C.F.R. 1903.14a.
9. IMCF and ANGUS agree that on or before the scheduled completion date for each numbered task contained in Appendix B to this Agreement pertaining to the NP plants, written verification will be transmitted to the OSHA Area Office that the task has been completed as scheduled. IMCF agrees that on or before the scheduled completion date for each numbered task contained in Appendix A to this Agreement pertaining to the facilities listed in Appendix A, IMCF will transmit written verification to the respective OSHA Area Office that the task has been completed as scheduled.
10. If OSHA disagrees with IMCF's or ANGUS' determination of 1) the assessment of a process safety hazard, 2) the need for corrective action, or 3) an appropriate timeframe for executing corrective action, within thirty working days of its receipt of IMCF's and/or ANGUS' management response, OSHA will state its points of disagreement, and the reasons therefor, in writing so that IMCF and ANGUS, in the event of a disagreement regarding the NP Plants, and IMCF, in the event of a disagreement regarding the facilities listed in Appendix A to this Agreement, may review them. OSHA, IMCF and/or ANGUS, as appropriate, will then engage in good faith discussions to resolve the disagreement. This paragraph shall not limit OSHA's right to use, as appropriate, enforcement methods provided by the OSH Act.
11. In addition to the above, IMCF and ANGUS agree to abate the particular cited conditions at the Basic Nitroparaffins Plant set forth in Appendix C to this Agreement according to its terms.
12 a. IMCF and ANGUS agree that each employee in the NP Plants who is involved in a process or maintenance operation covered by this Agreement shall be trained in an overview of the process and in pertinent operating procedures for that process. The training will emphasize: (1) the specific safety and health hazards of the process, (2) safe startup/shutdown procedures and practices, and (3) safe operating procedures and practices applicable to the process. Such training will be completed prior to assigning an employee to a startup, shutdown, process, or maintenance operation provided that IMCF and ANGUS shall have six months from the execution date of this Agreement to complete "process overview" training of maintenance personnel. Refresher and supplemental training courses (consisting of at least eight hours) that cover the current procedures of the process or maintenance operation shall be provided at least annually in the event the process does not undergo significant change, or concomitantly with any process change or modification, to ensure understanding of and the importance of adhering to the current procedures of the process or maintenance operation.
b. IMCF agrees to cause each employee in the facilities listed in Appendix A to this Agreement who is involved in a process or maintenance operation covered by this Agreement to be trained in an overview of the process and in pertinent operating procedures for that process. The training will emphasize: 1) the specific safety and health hazards of the process, 2) safe startup/shutdown procedures and practices, and 3) safe operating procedures and practices applicable to the process. Such training will be completed prior to assigning an employee to a startup, shutdown, process, or maintenance operation provided that IMCF shall have six months from the execution date of this Agreement to complete "process overview" training of maintenance personnel. Refresher and supplemental training courses (consisting of at least eight hours) that cover the current procedures of the process or maintenance operation shall be provided at least annually in the event the process does not undergo significant change, or concomitantly with any process change or modification, to ensure understanding of and the importance of adhering to the current procedures of the process or maintenance operation.
13.a. IMCF and ANGUS agree to inform any contractor before performing work on, or near, a process at the NP Plants, of the known potential fire, explosion or toxic release hazards related to the contractor's work and the process, and ensure that contractor employees are trained in the work practices and emergency procedures that are necessary for the safe performance of their job tasks.
b. IMCF agrees to inform any contractor before performing work on, or near, a process at the facilities listed in Appendix A, of the known potential fire, explosion or toxic release hazards related to the contractor's work and the process, and ensure that contractor employees are trained in the work practices and emergency procedures that are necessary for the safe performance of their job tasks.
14. No later than six months following IMCF's and ANGUS' verification to the appropriate OSHA Area Office that all of the actions enumerated in paragraphs 1-9 above have been completed with respect to the NP Plants, OSHA shall return to IMCF and ANGUS all originals and all copies of the process hazard/process safety management analyses and written management responses that IMCF and/or ANGUS submitted to OSHA regarding the NP Plants. No later than six months following IMCF's verification to the appropriate OSHA Area Office that it has completed all of the actions enumerated in Paragraphs 1-9 above with respect to the facilities listed in Appendix A to this Agreement, OSHA shall return to IMCF all originals and all copies of IMCF's process hazard/process safety management analyses and written management responses. OSHA shall not thereafter retain any copies of IMCF's or ANGUS' process hazard/process safety management analyses and written management responses. IMCF and/or ANGUS agree thereafter to make these documents available to OSHA upon OSHA's request.
15. All documents or information made available by IMCF or ANGUS to OSHA during OSHA's Inspection Nos. 107607863 and 107607871, or under this Agreement, shall be handled in accordance with the terms of this Paragraph and Section 15 of the OSH Act, 29 U.S.C. 664, 18 U.S.C. 1905, and 29 C.F.R. 1903.9. IMCF and ANGUS will have the obligation to identify all documents, information, or portions thereof that contain or might reveal trade secrets. Except as provided in Paragraph 14 above, OSHA shall return to IMCF and/or ANGUS, as appropriate, all documents or written information which contain or might reveal a trade secret, and all copies thereof, that IMCF and/or ANGUS submitted to OSHA during OSHA Inspection Nos. 107607863 and 107607871 or under this Agreement, no later than thirty days after the termination of this Agreement pursuant to Paragraph 19 infra, unless at that time, any such documents or written information are the subject of an appeal of non-disclosure under the Freedom of Information Act. In the event OSHA receives a subpoena to disclose information submitted to OSHA by IMCF and/or ANGUS, or a court otherwise orders OSHA to disclose such information, OSHA shall promptly advise IMCF and/or ANGUS, as appropriate, of the subpoena or court order for the purpose of permitting IMCF and/or ANGUS to seek an appropriate protective order to limit such disclosure.
OSHA agrees not to disclose any documents it has generated during Inspection Nos. 107607863 and 107607871 except in accordance with law.
16. OSHA agrees not to issue citations to IMCF or ANGUS for any condition identified in the process hazard/process safety management analyses required by this Agreement, provided that such conditions are being or will be addressed in good faith in accordance with this Agreement (including correction, if necessary). IMCF and ANGUS agree to allow OSHA access to the NP Plants, and IMCF agrees to allow OSHA access to each of the facilities listed in Appendix A to this Agreement, to determine progress and compliance with this Agreement. OSHA agrees that, assuming good-faith implementation of this Agreement by IMCF and ANGUS, it shall not conduct general scheduled inspections of the NP Plants or the facilities listed in Appendix A to this Agreement, except that OSHA may conduct monitoring inspections to determine compliance with this Agreement. OSHA retains the right to conduct all other types of inspections permitted under the OSH Act.
17. Citation Nos. 1 and 2, Inspection No. 107607863, are attached hereto as Appendix D to this Agreement. IMCF shall not exercise and hereby waives its right to file a notice of contest of Citations Nos. 1 and 2, Inspection No. 107607863, as amended herein. Citation Nos. 1 and 2, Inspection No. 107607871, are attached hereto as Appendix D. ANGUS shall not exercise and hereby waives its right to file a notice of contest of Citation Nos. 1 and 2, Inspection No. 107607871, as amended herein. IMCF agrees to pay the total sum of $9,799,000.00 in complete settlement of Citation Nos. 1 and 2, Inspection Nos. 107607863, and their proposed penalties. ANGUS agrees to pay the total sum of $201,000.00 in complete settlement of Citation Nos. 1 and 2, Inspection No. 107607871, and their proposed penalties.
IMCF and ANGUS, and each of them, specifically deny the allegations contained in Citation Nos. 1 and 2 of Inspection No. 107607871 and Citation Nos. 1 and 2 of Inspection No. 167607863. IMCF's and ANGUS' signing of this Agreement, their consent to entry of a final order, and their payment of any monies in settlement of this case do not in any way constitute an admission by IMCF or ANGUS of any violation of the OSH Act, or of any regulation or standard promulgated thereunder. Neither this Agreement nor the terms or the performance of obligations created hereunder shall be used or admitted in evidence in any proceeding or litigation, whether administrative, civil, or criminal, other than in proceedings brought by the Secretary, IMCF or ANGUS to enforce the terms of this Agreement or in any other action brought by the Secretary under the OSH Act. IMCF and ANGUS retain their rights to assert any defenses to any enforcement action undertaken by OSHA against IMCF and/or ANGUS. Neither this Agreement nor the terms or the performance of obligations created hereunder shall be construed as an admission of IMCF's or ANGUS' fault or liability, nor as an admission that the conditions asserted in the Citations were a cause, proximate or otherwise, of any accident or damages, as to any claim or proceeding for damages which exists or may arise in the future. IMCF specifically denies that it caused or allowed to be caused, proximately or otherwise, any condition described or violation alleged in Citation Nos. 1 and 2, Inspection No. 107607863, issued by OSHA on October ____, 1991. ANGUS specifically denies that it caused or allowed to be caused, proximately or otherwise, any condition described or violation alleged in Citation Nos. 1 and 2, Inspection No. 107607871 issued by OSHA on October ____, 1991.
18. IMCF and ANGUS agree that this Agreement and the terms hereof shall become a final order of the Occupational Safety and Health Review Commission, and shall be enforceable under 11(b) of the OSH Act. IMCF and ANGUS consent to the entry of such an enforcement order by the United States Court of Appeals.
19. As to IMCF, this Agreement will remain in effect at least for the longest abatement period specified in Appendix A, or any extension thereof pursuant to Paragraph 8. As to ANGUS, this Agreement will remain in effect for at least the longest abatement period specified in Appendix B, or any extension thereof pursuant to Paragraph 8. Thereafter, this Agreement will terminate sixty days after IMCF's and/or ANGUS's (as appropriate), or OSHA's written notice to the other parties that the Agreement will terminate.
20.a. IMCF and ANGUS acknowledge that ANGUS is currently the owner of the NP Plants and IMCF is currently the operator of the NP Plants, and that both have employees at the NP Plants. In view of this current relationship, ANGUS and IMCF recognize that the abatement obligations and compliance with the other terms of this Agreement as pertains to the NP Plants, except for the settlement payments contained in Paragraph 17 above, are the mutual responsibility of each entity. Should, however, ANGUS cease to own, or should IMCF cease to operate the NP Plants, all future obligations shall terminate as to such party if and whenever such party certifies in writing to the OSHA Area Office with jurisdiction over the NP Plants that it no longer has an ownership or operational interest in the NP Plants. IMCF and ANGUS shall notify OSHA of any transfer of ownership or change in operators within thirty (30) days of the effective date of any such transfer of ownership or change in operators. ANGUS and IMCF agree to provide any actual purchaser or successor operator with a copy of this agreement prior to sale or change in operators. Notwithstanding the foregoing, this provision shall not be construed to mean that this Agreement will not be binding upon any successor or assign of any party hereto.
b. IMCF is currently the owner and/or operator of the facilities listed in Appendix A to this Agreement. Should IMCF cease to own and operate any of the facilities listed in Appendix A, all future obligations shall terminate as to IMCF with respect to the facility IMCF no longer owns and operates if and whenever IMCF certifies in writing to the OSHA Area Office with jurisdiction over the Appendix A facilities that it no longer has an ownership or operational interest in the applicable facilities. IMCF shall notify OSHA of any transfer of ownership or change in operators within thirty (30) days of the effective date of any such transfer of ownership or change in operators. IMCF agrees to provide any actual purchaser or successor operator with a copy of this Agreement prior to sale or change in operators. Notwithstanding the foregoing, this provision shall not be construed to mean that this Agreement will not be binding upon any successor or assign of IMCF.
21. IMCF and ANGUS are presently affording employee representation and participation in the process hazard and process safety management analyses being conducted at the NP Plants. IMCF and ANGUS agree that they shall continue to afford the present degree of employee representation and participation in all future analyses which are required under this Agreement respecting all processes at the NP Plants. IMCF agrees that it shall afford employees at the facilities listed in Appendix A to this Agreement similar representation and participation. Furthermore, IMCF shall maintain the APPLE employee safety program which is already in place at the Sterlington facilities.
22. IMCF and ANGUS shall serve this Agreement upon represented and unrepresented employees at all covered facilities pursuant to the terms of 29 C.F.R. 2200.7(c) and (g) by posting it, alongside the Citations, on bulletin boards at the covered facilities where employees normally receive important information.
23. Each party agrees to bear its own fees and other expenses incurred by such party in connection with any stage of this proceeding.
24. This Agreement may be signed in counterparts.
DATED October 31, 1991.
FOR IMC FERTILIZER INC., FOR U.S. DEPARTMENT OF LABOR
_________________________ _____________________________
T. HAMILTON TRAYLOR GERARD F. SCANNELL
Senior Vice President Assistant Secretary
Occupational Safety and Health
Administration
__________________________
PETER ANDRESS DAVID FORTNEY
Senior Vice President and Solicitor of Labor
General Counsel
JAMES E. WHITE
Regional Solicitor
FOR ANGUS CHEMICAL COMPANY JACK F. OSTRANDER
Counsel for Occupational
Safety and Health
___________________________
O. WAYNE CHANDLER
Vice Chairman
_______________________
SUE ANN WOLFF
KENNETH A. HELLMAN
Senior Trial Attorneys
____________________________
PRENTICE H. MARSHALL, JR.
PATRICK S. CASEY
Attorneys for ANGUS ________________________
Chemical Company V. DENISE DUCKWORTH
MARY E. WITHEROW
PATRICK GILFILLAN
NICHOLAS J. LEVINTOW
Trial Attorneys
The following facilities owned or operated by IMCF shall be subject to the requirements set forth in this Agreement and to the schedules set forth below:
IMCF Ammonia Plant Sterlington, Louisiana
Task Completion Date
1. Identify process hazard/process March 1, 1992
safety management analysis staff
2. Complete process hazard/process November 1, 1993
safety management analyses
3. Provide OSHA Area Office with January 1, 1994
process hazard/process safety
management analyses
4. Provide OSHA Area Office February 1, 1994
with management responses
5. Complete those actions December 1, 1994
recommended by IMCF management
resulting from the process
hazard/process safety
management analyses
IMCF Phosphate Manufacturing Plant
New Wales, Florida
Task Completion Date
1. Identify process hazard/process March 1, 1992
safety management analysis staff
2. Complete process hazard/process November 1, 1994
safety management analyses
3. Provide OSHA Area Office with January 1, 1995
process hazard/process safety
management analyses
4. Provide OSHA Area Office February 1, 1995
with management responses
5. Complete those actions January 1, 1996
recommended by IMCF management
resulting from the process
hazard/process safety
management analyses
APPENDIX B
Basic Nitroparaffins Plant
Sterlington, Louisiana
Phase I Operation*
Task Completion Date
1. Identify process hazard/process 30 days from the
safety management analysis staff execution date of
this Agreement
2. Complete process hazard/process Prior to the placement
safety management analyses of into service
the Phase I Operation of the equipment and
processes to be used
in the Phase I
Operation
3. Provide OSHA Area Office Prior to the placement
with process hazard/process into service
safety management analyses of of the equipment and
Phase I Operation processes to be used
in the Phase I
Operation
4. Provide OSHA Area Office Prior to the placement
with management responses for into service
Phase I Operation of the equipment and
processes to be used
in the Phase I
Operation
5. Complete those actions Prior to the placement
recommended by IMCF and ANGUS into service
management resulting from the of the equipment and
process hazard/process safety processes to be used
management analyses for the in the Phase I
Phase I Operation Operation
*Phase I Operation is defined as the placement into service of sufficient
new and repaired equipment to permit the Basic Nitroparaffins Plant to run
at approximately 40 to 50 percent of the production capacity existing
prior to May 1, 1991. Phase I Operation is presently scheduled to begin
on or before January 1, 1992.
Basic Nitroparaffins Plant
Sterlington, Louisiana
Phase II Operation*
Task Completion Date
1. Identify process hazard/process 30 days from the
safety management analysis staff execution date of
this Agreement
2. Complete process hazard/process Prior to the placement
safety management analysis for into service of
Phase II Operation the equipment and
processes to be used
in the Phase II
Operation
3. Provide OSHA Area Office with Prior to the placement
process hazard/process safety into service of
analyses for Phase II Operation the equipment and
processes to be used
in the Phase II
Operation, but no
later than 60 days
prior to Phase II
start-up
4. Provide OSHA Area Office with Prior to the placement
management responses for Phase II into service of
Operation the equipment and
processes to be used
in the Phase II
Operation, but no
later than 30 days
prior to Phase II
start-up
5. Complete those actions recommended Prior to the placement
by IMCF and ANGUS management into service of
resulting from the process hazard/ the equipment and
process safety management analyses processes to be used
for the Phase II Operation in the Phase II
Operation
*Phase II Operation is defined as the placement into service of sufficient
new and repaired equipment to permit the Basic Nitroparaffins Plant to run
at approximately 100 percent of the production capacity existing prior to
May 1, 1991. Phase II Operation is presently scheduled to begin during
the first half of 1992.
Nitroparaffins Derivatives Plant
Sterlington, Louisiana
Task Completion Date
1. Identify process hazard/process 90 days from the
safety management analysis staff execution date of
this Agreement
2. Complete process hazard/process 24 months from the
safety management analyses execution date of
this Agreement
3. Provide OSHA Area Office with 30 days from the
process hazard/process safety completion of step 2
management analyses
4. Provide OSHA Area Office with 30 days from the
management responses completion of step 2
5. Complete those actions As soon as practicable,
recommended by IMCF and ANGUS but no later
management resulting from the process than 24 months from
hazard/process safety management completion of step 3
analyses
In addition to taking the actions required in the above Agreement, IMCF and ANGUS agree to abate the cited conditions at the Basic Nitroparaffins Plant in the following manner:
1. Citation No. 2: Nitromethane piping.
(a) Prior to placing an NM pipe into service, IMCF and ANGUS shall arrange the NM pipe so as to minimize the possibility of confinement of the NM in a line between two valves in a closed position at a pressure in excess of 100 psig, by providing pressure relief devices to limit pressures in the piping to that value. If the piping is 1/2" or more in diameter, detonation traps shall be installed on each end of the transfer line.
(b) IMCF and ANGUS shall treat all detonatable NM/NE mixtures within the pipes in the Basic Nitroparaffins Plant in the same manner as described in Paragraph 1(a) above.
(c) IMCF and ANGUS shall protect NM pipes from hazards associated with heat or shock caused by process or other equipment by using pressure relief devices as well as either barricades, separation distances, insulation, sprinklers, or other appropriate means.
2. Citation No. 2: Propane Vessel - GT-01.
(a) IMCF and ANGUS shall retire from service the propane vessel that was in existence at the NP plant on May 1, 1991 on or before the execution date of this Agreement.
(b) The replacement propane vessel shall be constructed of material No. SA-516-70 in accordance with the American Society of Mechanical Engineers (ASME), Boiler and Pressure Vessel Code for Non-fired Pressure Vessels Sec. VIII, Div. 1.
3. Citation No. 2: Venting of Relief Valves
Prior to placing the Vent Gas Recovery Compressor, the Recovered Propane Compressor, and the replacement propane vessel into service, IMCF and ANGUS shall, in accordance with accepted engineering practices, cause the relief valves for the Vent Gas Recovery Compressor, the Recovered Propane Compressor, and the replacement propane vessel, as described in ? 2 above, to vent to a safe location through the use of a stack. IMCF and ANGUS represent that the stacks of the following approximate heights will be constructed in accordance with the above:
Vent Stack Height
1. Vent Gas Recovery Compressor 85.5 feet
2. Recovered Propane Compressor 190 feet
3. Replacement Propane Vessel 190 feet
4. Citation No. 2: Design and Maintenance of Safe Separation
Distances
(a) Prior to the startup of the Phase I Operation of the Basic Nitroparaffins Plant, IMCF and ANGUS agree to construct a new Basic Nitroparaffins Plant control room building. The control room shall be constructed and maintained in the future in accordance with the industry standards for plant layout and spacing between areas processing nitroparaffins and adjacent critical occupancy buildings prescribed by the National Board of Fire Underwriters in Nitroparaffins and Their Hazards.
(b) When IMCF and/or ANGUS build a new front gate security building, it shall be constructed in accordance with the industry standards and spacing for plant layout and spacing between areas processing nitroparaffins and adjacent critical occupancy buildings prescribed by the National Board of Fire Underwriters in Nitroparaffins and Their Hazards.
5. IMCF Citation No. 1: Emergency Response Plans
IMCF hereby agrees to comply with the requirements for emergency response to hazardous releases provided in 29 C.F.R. 1910.120(q). In addition, by November 30, 1991, IMCF agrees to develop and implement the following in their emergency response plan at the NP Plant:
(a) IMCF shall designate in its "personnel roles" section of its emergency response manual the individual who is to assume the responsibilities of safety official during an emergency response. Alternates shall also be designated. For multiple agency response situations, IMCF shall provide in its manual: 1) for delineation of specific lines of authority between responding agencies, and 2) for the lines of communication between responding agencies and IMCF personnel, such as by assuring the availability of mutual aid radio frequencies or its equivalent.
(b) IMCF shall identify safe distances and primary and secondary areas of refuge for all areas of the facility. IMCF also shall specify evacuation routes for employees working in the control laboratory instrument shop; engineering/tech service building; administration, personnel and shipping; storeroom, maintenance planning office; machine shop; rigger loft; garage; main instrument/electrical shop; and maintenance swat shop.
(c) IMCF shall provide for security and control of the facility through use of guards, barricades, checkpoints, or the equivalent.
(d) IMCF shall establish specific decontamination procedures for the emergency response team personnel and equipment potentially exposed to those substances present in the NP Plant which are listed in Subpart Z to 29 C.F.R. 1910. Separate procedures shall be developed and implemented for each individual substance when necessary to address particular decontamination requirements.
(e) IMCF shall use an emergency siren (or its equivalent) and a public address system audible throughout the facility to identify an evacuation.
(f) IMCF shall develop and implement a review system to critique its emergency response and followups after an incident.
6. IMCF Citation No. 1: Fire Brigades
For any fire brigade at the NP Plants, IMCF agrees to comply with the requirements of 29 C.F.R. 1910.156. As of the date of the execution of this Agreement, IMCF represents that it has disbanded its fire brigade.