OSHA Inspection: LUMINANT POWER

Issued

Nov 30, 2012

Abate by

Feb 13, 2013

Penalty

Initial $6,300 · Current $5,000 Reduced

Hazardous substances 0170

General-duty citation text

29 CFR 1910.119(e)(3)(v):     The Process Hazard Analysis did not address facility siting.    On or about 16 July 2012, and at times prior thereto, the employer's Process Hazard Analysis (PHA) did not consider facility siting for temporary buildings, such as mobile trailers, that were located approximately 30 to 50 yards from the anhydrous ammonia storage area, exposing personnel working inside the trailers to ammonia hazards. At the time of the inspection, a contractor had mobile trailers on site, while they were performing maintenance on the scrubbers in the area.    Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the date of this citation, the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure the PHA considers facility siting and the placement of temporary structures around or near the ammonia system.

Issued

Nov 30, 2012

Abate by

Feb 13, 2013

Penalty

Initial $3,600 · Current $3,000 Reduced

Hazardous substances 0170

General-duty citation text

29 CFR 1910.119(f)(3):     The operating procedures were not reviewed as often as necessary to assure that they reflect current operating practice, including changes that result from changes in process chemicals, technology, and equipment, and changes to facilities. The employer did not certify annually that these operating procedures are current and accurate.    On or about 16 July 2012, and at times prior thereto, the employer had operating procedures in place being utilized that had not been annually certified per regulatory standard, exposing personnel to various ammonia hazards during operations.  a) An example is the Emergency Shutdown procedure (Procedure ID: SA-A-AG-016) that has the steps for shutting down the ammonia injection system, which states that the Fogging System Start Button is 4FP-HS1-0410. However, the button is labeled as 4FP-HS3-0430, which may cause confusion regarding its use in an emergency, and that the system and/or button may not be maintained.  b) Another example of an SOP issue was item# 19 on the Compliance Audit, which stated "Description of emergency shut-off valve operation," assigned to C. Davis (the PSM Coordinator) with a target completion date of 1/31/2012. This item had no comments noted and no status update; the item is still open and poses an ammonia hazard for anyone attempting to utilize the emergency shut-off valve operation.    Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the date of this citation, the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure all operating procedures are reviewed as often as necessary, and certified annually to ensure they are current and accurate.

Issued

Nov 30, 2012

Abate by

Feb 13, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 0170

General-duty citation text

29 CFR 1910.119(g)(3):     Training documentation. The employer did not ascertain that each employee involved in operating a process has received and understood the training required by this paragraph. The employer did not prepare a record which contains the identity of the employee, the date of training, and the means used to verify that the employee understood the training.    On or about 16 July 2012, and at times prior thereto, the employer conducted initial PSM training of employees involved with the ammonia process but did not retain the documentation for each training session, such as the sign in sheet with the date of training and the name of employees receiving training, or the means of verifying the understanding of the material taught.    Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the date of this citation, the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure training documentation contains the date of training, listing of those trained, and the means by which understanding of the material was verified.

Issued

Nov 30, 2012

Abate by

Feb 13, 2013

Penalty

Initial $5,400 · Current $5,400

Hazardous substances 0170

General-duty citation text

29 CFR 1910.119(j)(4)(i):     The employer did not perform inspections and tests on process equipment for mechanical integrity.    On or about 16 July 2012, and at times prior thereto, the employer did not perform inspections and tests of the process equipment involved with the ammonia system, exposing personnel to ammonia hazards. Such inspections and tests would involve non-destructive methods for evaluations, to include ultrasonic thickness testing on piping, vessels, and valves.  a) The manufacturer of the Pressure Vessel for the ammonia storage, Babcock & Wilcox, suggested that annually the gauges for the system be calibrated with certified equipment, and that insulated piping be inspected for corrosion. Neither of these steps was being administered after ~ 2 years of being in service.    Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the date of this citation, the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure inspections and tests are being performed on process equipment, to include non-destructive testing and evaluations.

Issued

Nov 30, 2012

Abate by

Feb 13, 2013

Penalty

Initial $4,500 · Current $2,000 Reduced

Hazardous substances 0170

General-duty citation text

29 CFR 1910.119(j)(5):     The employer did not 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.    On or about 16 July 2012, and at times prior thereto, a minor leak noted during a compliance audit was not corrected since the audit was conducted on 10/19/2011. The location of the leak was on top of Tank A at a flange near the pressure relief valves, and remained in existence off and on for at least 9 months, exposing personnel working in the vicinity to ammonia hazards.    Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the date of this citation, the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure equipment deficiencies are corrected before further use or in a safe and timely manner when necessary means are taken to assure safe operation.

Issued

Nov 30, 2012

Abate by

Feb 13, 2013

Penalty

Initial $3,600 · Current $2,500 Reduced

Hazardous substances 0170

General-duty citation text

29 CFR 1910.119(n):     Emergency planning and response. The employer did not establish and implement an emergency action plan for the entire plant in accordance with the provisions of 29 CFR 1910.38. In addition, the emergency action plan did not include procedures for handling small releases. Employers covered under this standard may also be subject to the hazardous waste and emergency response provisions contained in 29 CFR 1910.120 (a), (p) and (q).    On or about 16 July 2012, and at times prior thereto, the employer was utilizing windsocks to aide personnel working on site to determine wind direction in the event of an ammonia release that were tattered and torn, exposing those employees and contractors to anhydrous ammonia health hazards.  A) The windsock on top of a tank located just north of the storage area for the two 15k gallon ammonia vessels.  B) The windsock on top of a tank located just west of the storage area for the two 15k gallon ammonia vessels.    Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the date of this citation, the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure windsocks are maintained in a condition that allows their functionality.

Issued

Nov 30, 2012

Abate by

Feb 13, 2013

Penalty

Initial $6,300 · Current $5,000 Reduced

Hazardous substances 0170

General-duty citation text

29 CFR 1910.119(o)(4):     The employer did not promptly determine and document an appropriate response to each of the findings of the compliance audit, and document that deficiencies have been corrected.    On or about 16 July 2012, and at times prior thereto, the employer had open deficiencies pending from a compliance audit conducted on 10/19/2011 that were not corrected, exposing the workers to ammonia hazards, such as corrosive burns to the skin, eyes, and respiratory tract. A Task Assignments sheet dated May 10, 2012, had 24 listed items, with only 6 being resolved and marked as "Completed". A total of 3 had been marked as "In Progress", while the other 15 had either no comments on status or had a short comment. Of the 18 items still open, 7 involved Mechanical Integrity and 6 involved valves or piping issues.  a) An example of a Mechanical Integrity issue was item# 13, which stated "Create AR for missing bolt in flange, valve 4A0-ISV-1200," assigned to B. Baggerly with a target completion date of 1/15/2012. This item had no comments noted and no status update; the item is still open and poses an ammonia hazard by the seal on the flange being compromised with the missing bolt.  b) An example of an SOP issue was item# 19, which stated "Description of emergency shut-off valve operation," assigned to C. Davis (the PSM Coordinator) with a target completion date of 1/31/2012. This item had no comments noted and no status update; the item is still open and poses an ammonia hazard for anyone utilizing the emergency shut-off valve operation.    Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the date of this citation, the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure deficiencies on compliance audits are resolved in a timely manner.