NEWS FROM THE DELAWARE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL

April 13, 2009

Vol. 39, No. 144

For further information, contact Ellen Malenfant, Division of Air and Waste Management, 302-739-9404 or Melinda Carl or Joanna Wilson, Public Affairs, 302-739-9902. 

DNREC Issues $15,000 Notice of Penalty to Baltimore Aircoil Company of Milford for Propane Tank-Related Violations 

DOVER, Del. – Delaware Department of Natural Resources and Environmental Control Acting Secretary David A. Small has issued a Notice of Administrative Penalty Assessment and Secretary’s Order to Baltimore Aircoil Company (BAC) for violations of the Delaware Code and Delaware environmental regulations in an incident involving a propane release. The Order includes a cash penalty of $15,000, $8,000 for back fees associated with BAC’s 30,000 gallon propane storage tank, and an additional $1,125 as cost recovery reimbursement to the Department for expenses associated with its investigation.

On July 31, 2008, BAC notified the Department that the 30,000 gallon propane storage tank at its facility in Milford was leaking propane. Due to the potential fire hazard, local and state fire and hazardous materials emergency responders were called to the scene and facilitated removal of the propane from the tank. Ultimately, it was determined that 1,352 gallons of propane was discharged to the atmosphere via the leak itself and as a result of controlled flaring during the process of emptying the tank.

An investigation found that BAC had used the tank at its facility for approximately 30 years but had never registered it with the Department’s Accidental Release Prevention Program or developed a risk management plan as required by state law. BAC also had not paid a $500 annual fee since 1992 for the storage and use of propane, classified as an extremely hazardous substance, at its facility.

BAC also had moved the tank in 2003 from its original location at the Milford facility and placed it on an unstable foundation. Over time, the tank settled, putting stress on the line which ultimately cracked and began leaking on July 31, 2008 following a propane delivery. During its investigation, the Department also noticed that emergency shutoff valves had been wired to remain in a constant open position rendering this safety equipment inoperable. These actions demonstrate BAC’s failure to meet its general duty to operate and maintain a safe facility as required by law.

In addition, a concurrent investigation by the State Fire Marshal’s Office found that the tank and its associated valves and piping failed to meet the minimum code requirements of the National Fire Protection Association and prohibited BAC from using the tank again without the State Fire Marshal’s approval. DNREC added obtaining the Fire Marshal’s approval to the list of actions the Department required BAC to take before the tank could be returned to service.

BAC has since switched from propane to natural gas for its heating processes. Because it will only use propane to fuel its forklift trucks and as a backup, the facility has reduced the amount of propane stored onsite to an amount that is no longer subject to the Department’s Accidental Release Prevention Regulation.