OSHA Inspection: DELAWARE CITY REFINING COMPANY, LLC

Issued

Sep 11, 2020

Abate by

Oct 29, 2020

Penalty

Initial $13,494 · Current $17,982

Hazardous substances 8890D150

General-duty citation text

29 CFR 1910.119(d)(3)(ii): The employer did not document that equipment complies with recognized and generally accepted good engineering practices (RAGAGEP):   a) Delaware City Refinery, 4550 Wrangle Hill Road, Delaware City, DE, 19706 - Desulfurization Unit, Train 4, Heater 29-H-4: On or about March 11, 2020, the employer failed to document compliance with employers chosen RAGAGEP such as API 560 Fired Heaters for General Refinery Service Section 6.1.1, 14.1.7, and the employers Internal Standard, P30-31 Direct Fired Heaters, Section 5.13.5, when the employers fired heater (29H-4) was not designed for uniform heat distribution when only eight (8) of 21 burners were in service with each firing above the maximum recommended heating rate.

Issued

Sep 11, 2020

Abate by

Oct 29, 2020

Penalty

Initial $13,494 · Current $15,994

General-duty citation text

29 CFR 1910.119(e)(3)(iii): The Process Hazard Analysis did not address engineering and administrative controls applicable to the hazards and their interrelationships such as appropriate application of detection methodologies to provide early warning of releases:  a) Delaware City Refinery, 4550 Wrangle Hill Road, Delaware City, DE, 19706-Train 4 Desulfurizer Unit, Heater   9-H-4: On or about March 11, 2020, the employer?s PHA did not adequately evaluate the need to install additional detection and early warning devices such as but not limited to a combustible sensor to detect an accumulation of combustibles inside 29-H-4?s firebox, to alarm in the control room and shutdown fuel supply to 29-H-4.?; and such that instance  b) Delaware City Refinery, 4550 Wrangle Hill Road, Delaware City, DE, 19706- Train 4 Desulfurizer Unit, Heater 29-H-4: On or about March 11, 2020, the employer?s PHA did not adequately evaluate the need to install additional detection and early warning devices such as but not limited to additional oxygen sensors and provide an enhanced early warning of unsafe oxygen level inside 29-H-4?s firebox.

Issued

Sep 11, 2020

Abate by

Oct 29, 2020

Penalty

Initial $13,494 · Current $15,994

General-duty citation text

29 CFR 1910.119(f)(1)(i)(D):  The employer did not 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 that addressed 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:  Delaware City Refinery, 4550 Wrangle Hill Road, Delaware City, DE, 19706- Train 4 Desulfurizer Unit, Heater 29-H-4: On or about March 11, 2020, the employer failed to appropriately implement its written procedures regarding the specific valves to close during an emergency shutdown of 29-H-4. Employees shut down additional valves not included in the written emergency shutdown procedure.

Issued

Sep 11, 2020

Abate by

Oct 29, 2020

Penalty

Initial $13,494 · Current $15,994

General-duty citation text

29 CFR 1910.119(f)(1)(ii)(A): The employer did not develop and implement written operating procedures that addressed the consequences of deviations from the operating limits in the covered process:  Delaware City Refinery, 4550 Wrangle Hill Road, Delaware City, DE, 19706- Train 4 Desulfurizer Unit, Heater 29-H-4: On or about March 11, 2020, the employer failed to fully develop normal startup and normal shutdown procedures, and emergency procedures for 29-H-4, in that these procedures did not contain the operating parameters or the consequences of deviation for the numbers and relative positions of burners utilized to heat process heater tubes carrying process streams. The mechanical strength of heater tubes was weakened due to overheating with one tube eventually rupturing.

Issued

Sep 11, 2020

Abate by

Oct 29, 2020

Penalty

Initial $13,494 · Current $15,994

General-duty citation text

29 CFR 1910.119(g)(1)(i): Employee training did not include emphasis on the specific safety and health hazards, emergency operations including shutdown, and safe work practices applicable to the employee's job tasks:  a) Delaware City Refinery, 4550 Wrangle Hill Road, Delaware City, DE, 19706 - Train 4 Desulfurizer Unit, Heater 29-H-4: On or about March 11, 2020, the employer failed to appropriately train operators in the safe work practices applicable to their tasks in that the training for operators was not adequate for the hazards posed to operators who closed the manual block valves on both sides of FCV 169 and FCV 172 during emergency shutdown procedures.  b) Delaware City Refinery, 4550 Wrangle Hill Road, Delaware City, DE, 19706- Train 4 Desulfurizer Unit, Heater 29-H-4: On or about March 11, 2020, the employer failed to appropriately train employees in the safe workplace practices applicable to their tasks in that the training for the employees was not adequate for the coordination, timing and the activation of snuffing steam in Heater 29-H-4 a task performed with delay.

Issued

Sep 11, 2020

Abate by

Oct 29, 2020

Penalty

Initial $13,494 · Current $15,994

General-duty citation text

29 CFR 1910.119(n): The employer did not implement an emergency plan for the entire plant in accordance with the provisions of 29 CFR 1910.38:  Delaware City Refinery, 4550 Wrangle Hill Road, Delaware City, DE, 19706 - Desulfurization Unit, Train 4, Heater 29-H-4: On or about March 11, 2020, the employer failed to sufficiently review roles and responsibilities under their own procedure for Desulfurizer Unit Emergency Shutdown which led to confusion and a delay in the emergency shutdown and activation of emergency response equipment such as steam snuffing in response to conditions such as the tube rupture which occurred in 29-H-4.

Issued

Sep 11, 2020

Abate by

Oct 29, 2020

Penalty

Initial $13,494 · Current $15,994

General-duty citation text

29 CFR 1910.120(q)(6)(i): First responders at the awareness level did not have sufficient training or have sufficient experience to objectively demonstrate competency in the areas covered by 29 CFR 1910.120(q)(6)(i)(A) through (q)(6)(i)(F):  Delaware City Refinery, 4550 Wrangle Hill Road, Delaware City, DE, 19706- Train 4 Desulfurizer Unit, Heater 29-H-4: On or about March 11, 2020, the employer did not adequately train first responders who initiated emergency response sequences when a release of hazardous chemicals (loss of containment) occurred when a tube ruptured in heater 29-H-4.

Issued

Sep 11, 2020

Abate by

Oct 29, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.120(q)(6)(ii): First responders at the operational level did not receive at least eight hours of training or did not have sufficient experience to objectively demonstrate competency in the areas required by 29 CFR 1910.120(q)(6)(ii)(A) through (q)(6)(ii)(F) and/or the employer did not so certify:  Delaware City Refinery, 4550 Wrangle Hill Road, Delaware City, DE, 19706- Train 4 Desulfurizer Unit, Heater 29-H-4: On or about March 11, 2020, the employer did not adequately train first responders who isolated and shutdown process equipment as part of emergency response when a release of hazardous chemicals (loss of containment) occurred when a tube ruptured in heater 29-H-4.

Issued

Sep 11, 2020

Abate by

Oct 29, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.120(q)(8)(i): Employees who were trained in accordance with 29 CFR 1910.120(q)(6) did not receive annual refresher training of sufficient content and duration to maintain their competencies or did not demonstrate competency in those areas at least yearly:  Delaware City Refinery, 4550 Wrangle Hill Road, Delaware City, DE, 19706- Train 4 Desulfurizer Unit, Heater 29-H-4: On or about March 11, 2020, the employer failed to provide adequate refresher training to the employees who responded to a fire in Heater 29-H-4 who were trained in accordance with 29 CFR 1910.120(q)(6).

Issued

Sep 11, 2020

Abate by

Oct 7, 2020

Penalty

Initial $10,603 · Current $13,103

Hazardous substances 8890

General-duty citation text

29 CFR 1910.132(d)(1)(i): The employer did not select and have each affected employee use, the types of personal protective equipment that would protect the affected employee(s) from the hazards identified in the hazard assessment:  Delaware City Refinery, 4550 Wrangle Hill Road, Delaware City, DE, 19706 - Desulfurization Unit, Train 4, Heater 29-H-4 - On or about March 11, 2020, the employer failed to ensure that personal protective equipment, such as flame resistant face shields and head coverings, were used by operators when lighting heater burners and opening access ports to inspect fired heater equipment, and to assess and modify fired heater operation.

Issued

Sep 11, 2020

Abate by

Oct 29, 2020

Penalty

Initial $134,937 · Current $137,437

General-duty citation text

29 CFR 1910.119(e)(5): The employer did not comply with the requirements regarding PHA recommendations:  a) Delaware City Refinery, 4550 Wrangle Hill Road, Delaware City, DE, 19706- Train 4 Desulfurizer Unit, Heater 29-H-4: A PHA recommendation to implement a safety instrumented system (SIS) to shut down fuel gas supply to heater 29-H-4 included in a PHA study conducted in 2019 was not implemented.     b) Delaware City Refinery, 4550 Wrangle Hill Road, Delaware City, DE, 19706- Train 4 Desulfurizer Unit, Heater 29-H-4: A PHA recommendation to review burner management system upgrades against applicable standards and upgrade heater 29-H-4 accordingly included in a PHA study conducted in 2019 was not implemented.

Issued

Sep 11, 2020

Abate by

Oct 29, 2020

Penalty

Initial $134,937 · Current $137,437

General-duty citation text

29 CFR 1910.119(j)(2): The employer did not establish or implement written procedures to maintain the on-going integrity of process equipment:  a) Delaware City Refinery, 4550 Wrangle Hill Road, Delaware City, DE, 19706 Desulfurization Unit, Train 4, Heater 29-H-4, and at the Hip Tubes within the SW Radiant Section: On or about March 12, 2020, the employer failed to establish written procedures for detailed visual inspections of tubes that were sufficient to maintain the ongoing integrity of the process, in that the procedures (found at Section 9.4 of IGP-5D Inspection of Fired Heaters) did not make such inspections mandatory, and did not either (i) specify that all tubes, and not just a subset of the tubes, must be inspected, or (ii) analyze what a representative sample of the tubes would be to assess condition of tubes in entire heater.   i) Delaware City Refinery, 4550 Wrangle Hill Road, Delaware City, DE, 19706 Desulfurization Unit, Train 4, Heater 29-H-4, and at the Hip Tubes within the SW Radiant Section: On or about March 12, 2020, the employer failed to establish written procedures for conducting detailed thermographic internal inspections of heater tubes along their lengths and at return bends that were sufficient to maintain the integrity of the process, in that the procedures (found at Section 9.3.4 through 9.4.1 of MI-1002- Application of Infrared Thermography) did not make such inspections mandatory, and did not either (i) specify that all tubes, and not just a subset of the tubes, must be inspected, or (ii) analyze what a representative sample of the tubes would be to assess condition of tubes in entire heater.   j) Delaware City Refinery, 4550 Wrangle Hill Road, Delaware City, DE, 19706 Desulfurization Unit, Train 4, Heater 29-H-4, and the Hip Tubes within the SW Radiant Section: On or about March 12, 2020, the employer failed to establish written procedures for calculating the remaining life projection for eventual creep and stress rupture of heater tubes along their lengths and at return bends that were sufficient to maintain the integrity of the process, in that the procedures (found at Section 9.5.1 through 9.5.3 of IGP-5D Inspection of Fired Heaters) did not make such inspections mandatory, and did not either (i) specify that all tubes, and not just a subset of the tubes, must be inspected, or (ii) analyze what a representative sample of the tubes would be to assess condition of tubes in entire heater.

Issued

Sep 11, 2020

Abate by

Oct 29, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 14108890D150

General-duty citation text

29 CFR 1910.119(j)(4)(i): The employer did not perform inspection and tests on process equipment:  Delaware City Refinery, 4550 Wrangle Hill Road, Delaware City, DE, 19706- Train 4 Desulfurization Unit, Heater 29-H-4: On or about March 11, 2020, the employer failed to measure and record the thickness of new tubes and fittings installed in 2012  and did not take thickness measurements up until the tube rupture and resulting fire in heater 29-H-4. Initial thickness readings are necessary to calculate corrosion rate and assess remaining life of tubes.