Air Products to Pay $1.5M for Transferring Spent Acid to Agrifos

Air Products LLC has agreed to pay nearly $1.5 million in civil penalties to resolve hazardous waste mismanagement violations at its Pasadena, Texas chemical manufacturing facility, according to a press release from the U.S. Environmental Protection Agency and the U.S. Justice Department.

The settlement resolves Air Products’ Resource Conservation and Recovery Act (RCRA) violations in transferring spent acid to the neighboring Agrifos fertilizer manufacturing plant.

The case is related to EPA’s National Enforcement Initiative for Mining and Mineral Processing. Although Air Products does not conduct mining or mineral processing, it sent the spent acid stream to a facility that does ─ the Agrifos fertilizer plant.

“We are concerned that wastes from mineral processing and associated fertilizer production can pose a serious risk to our nation’s drinking water and the health of families,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “And we’re just as concerned when contaminated wastes from other facilities find their way to these operations. EPA is working to minimize or eliminate risks to communities and the environment from illegal hazardous waste operations at phosphoric acid and other high risk facilities.”

Air Products also agreed to continue to manage the spent acid on-site and not ship it to Agrifos or any other facility not authorized to accept it. Air Products is currently in compliance with the RCRA requirements specified in the settlement.

A manufacturer of chemicals used in the manufacture of polyurethane and hydrogen gas, Air Products operates its facility on a 105-acre tract of property adjacent to the Agrifos fertilizer plant. For many years, the company purchased acid product from Agrifos and returned a spent acid stream that Air Products had used in its operations. In April 2006, inspectors from EPA and the Texas Commission on Environmental Quality (TCEQ) observed that the return acid stream was a spent acid that was being used to make land-applied fertilizer. Agrifos is not authorized to accept hazardous waste from other facilities.

Before the settlement was concluded, Air Products instituted modifications that will reduce the levels of contamination in the spent acid, and will build a $60-million regeneration plant that will stop the acid waste stream altogether.

Air Products has agreed to notify EPA and TCEQ in the event that the spent acid is either disposed of or sent off site.
A 2007 incident at the Agrifos phosphoric acid facility in Houston released 50 million gallons of acidic hazardous wastewater into the Houston Ship Channel.

The proposed settlement agreement, lodged in the U.S. District Court for the Southern District of Texas, is subject to a 30-day public comment period and approval by the federal court.

Comments

Wed, Sep 8, 2010

The release was due to mismanagement of the material by Agrifos. Had Air Products classified the material as a "product" rather than a waste, then shipped it to Agrifos...it still would have resulted in the same release. The only difference is Air Products wouldn't have been fined because they were never shipping "hazardous waste". Maybe I'm missing something in the regs where this material is automatically a waste irregardless of it's ability to be used as rework or a product. I don't think anyone is arguing that Air Products should be exempt from protecting public health and the environment; only that the resulting action was severe given their mistake and involvement in the release.

Tue, Sep 7, 2010 Rich Ohio

For those grousing about this enforcement action, it is clear to me that Air Products violated RCRA, and it can be argued that the failure to treat the acid as HW contributed to the 50mg release (since if it was stored in a HW-regulated tank, the potential for a large release is quite small). If a company can't follow the regulations to protect human health and the environment, do you really want them here?

Thu, Sep 2, 2010

It sounds like a technical violation by Agrifos in that they accepted hazardous waste without being a certified TSDF. What I can't figure out is why the material wasn't simply reclassified by Air Products as a product, sent to Agrifos who used it as a raw material. At some point, it appears that the material was classified as "waste" when perhaps it shouldn't have been. EPA fines are notoriously "hefty", but this seems like a very heavy handed fine without additional information.

Thu, Sep 2, 2010 Jon Robson Vancouver WA

Small wonder industry is leaving this country as fast as it can.

Thu, Sep 2, 2010

Does anyone have an indication why this is good or bad public policy? What are the contaminants in the spent acid that make them not reusable for what sounds like a minerals leaching process? I would suppose they are hazardous wastes by definition, and it sound like this is a technicality that imposes economic hardship on all parties.

Thu, Sep 2, 2010 Dr. Eric Mooney Long Crendon, UK

What utter rot! What an ideal use for spent acid in view of the amount of acid that a fertilizer plant has to use. The "watchdog" should not be on Air Products but on Agrifos whom I am sure in view of the many water soluble products made have a good system in place for the monitoring of effuent. There is an old saying which seems to have been forgotten "one man's rubbish is another mans gold".

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