ORDERS:
FINAL ORDER AND DECISION
This matter is before the Administrative Law Judge Division ("Division") on pending issues relating to
the Emergency Order issued by the South Carolina Department of Health and Environmental Control
("DHEC") against Tin Products, Inc. ("Tin Products"). On February 7, 2001, DHEC issued an
Emergency Order requiring Tin Products to shut its entire facility down as a result of a fire in the
tetrabutyl tin/ tetraoctyl tin ("TBT/TOT") process area.
At the emergency hearing on February 9, DHEC staff testified that the purpose of the Emergency Order
was to require Tin Products to shut down the processes, to secure the site and to undertake a
comprehensive review of all facilities and procedures. Under S.C. Code Ann.
§ 48- 1-290 (1987), an Emergency Order must be revoked "[a]s soon as conditions or operations change
to the extent that an emergency no longer exists." Id.
In the first Order issued by this Division (dated February 13, 2001), the Division found that "the
issuance of the emergency order was proper in light of the perceived threat of additional fires at the
facility." The Division also found that the stannic chloride line was separate and was unaffected by the
fire.
As directed by statute, the Division determined that the Emergency Order relating to the stannic
chloride line could be lifted once emergency conditions no longer existed and the line could be safely
operated. The Division allowed Tin Products to resume operation of its stannic chloride process once it
physically separated the line from the TBT process and once it completed certain tasks (which included
repairs and certifications of monitors and valves by an independent engineer). The Division also
instructed Tin Products to retain an independent engineering consultant to conduct a process safety
management review ("review") of the stannic chloride process.
Tin Products retained RTP Environmental Associates, Inc. ("RTP") to provide the initial certifications
and to conduct the review. The parties have now informed the Division that RTP has submitted a final
report in compliance with 29 C.F.R. § 1910.119. In the final document, RTP certifies that the
following has been accomplished:
1. Tin Products has replaced or repaired inoperable valves;
2. The mechanical integrity of the stannic chloride production line has been
confirmed;
3. Deficiencies in the way certain items are handled, for example, preventive
maintenance, have been identified; and
4. Deficiencies in documentation and written procedures have been
addressed by creating:
a. Revised Piping and Instrument Diagrams for the complete line;
b. Written lesson plans for safety training;
c. Written lesson plans addressing consequences of deviations;
d. Management of Change log and procedures;
e. Standardized procedures for incident investigations; and
f. Revision and standardization of preventive maintenance logs.
Tin Products has agreed to follow all of the recommendations made by RTP.
The RTP documents satisfy the requirement in the February Order and DHEC's Motion for Contempt is
now moot.
This Order shall finally dispose of all issues before me relating to the stannic chloride line. The
Division's February Order relating to the TBT/TOT line remains in full force and effect, and that
portion of the February Order (paragraphs 8-12) is hereby bifurcated from the portion of the Order
addressing the stannic chloride line. Tin Products agrees that it will give DHEC advance notice before
it resumes any activity relating to the TBT/TOT line. However, the Court has been advised that certain
materials in the TBT/TOT line need to be handled, and nothing in the February 13 Order shall constrain
the parties from doing so.
AND IT IS SO ORDERED.
_________________________________
Ralph King Anderson, III
Administrative Law Judge
May 2, 2001
Columbia, South Carolina |