Respondent operates a food manufacturing process involving ammonia refrigeration with more than 10,000 pounds of anhydrous ammonia on site. Respondent has an RMProgram level 3 covered process, which stores or otherwise uses anhydrous ammonia in an amount exceeding its applicable threshold of 10,000 pounds. On February 27, 2020, the EPA conducted an on-site inspection of the RMProgram related records and equipment for the purpose of assessing the Respondent’s compliance with the RMProgram requirements and the implemented recognized and generally accepted good engineering practices (RAGAGEP) for its covered process at its Facility. At the time of the inspection, EPA observed the following:
During a walk-through of the Facility, the EPA inspectors made the following observations regarding equipment that did not comply with RAGAGEP.
- The doors into the ammonia machinery room No. 2 were not tight sealing. Additionally, the garage door was damaged, creating a gap between the panels, and the frame to the primary entry door was corroded at the bottom, causing metal loss and an opening to the exterior of the building. The International Institute of Ammonia Refrigeration (IIAR) 2-2014, Section 6.10.2 states: “Machinery room doors shall be self-closing and tight fitting.”
- Both the ammonia machinery rooms had unsealed penetrations through the walls in two locations. The penetrations and openings in parts of the ammonia machinery room wall compromise the mechanical ventilation system. Machinery room ventilation systems are meant to be closed and intact. IIAR 2-2014, Section 6.6.2 states: “Pipes penetrating the machinery room separation shall be sealed to the walls, ceiling, or floor through which they pass.” IIAR 2-2014, Section 6.2.1 states: “The machinery room shall be separated from the remainder of the building by tight-fitting construction with a one-hour fire-resistance rating.”
- A secondary entry door into ammonia machinery room No. 2 from the Dry Goods processing area did not have a National Fire Protection Association (NFPA) diamond and signage to indicate the presence of anhydrous ammonia, did not restrict access to authorized personnel only, and was not locked. IIAR 2-2014, Section 6.15.1 states: “Buildings and facilities with refrigeration systems shall be provided with placards in accordance with NFPA 704 and the Mechanical Code.” IIAR 2-2014, Section 6.15.3 states: “Each machinery room entrance door shall be marked with a permanent sign to indicate that only authorized personnel are permitted to enter the room.”
- The king valve on the top of High-Pressure Receiver (HPR) No. 2 could not be accessed from ground level by the inspector and there was no permanent working platform or ladder to access the valve. There was no remote means of controlling the king valve. Closing the valve required use of a step ladder which might be difficult in an emergency situation. IIAR 2-2014, Section 6.3.3.2 states: “Manually operated isolation valves identified as being part of the system emergency shutdown procedure shall be directly operable from the floor or chain operated from a permanent work surface.”
- Extension cords were being used instead of permanent wiring and open electrical boxes were present in numerous areas of the ammonia machinery room. Also, open electrical wiring was present near the ceiling. NFPA 1, Section 11.1.7.6 states that extension cords shall not be used as a substitute for permanent wiring in machinery rooms.
- Surface corrosion was present on anhydrous ammonia piping associated with HPR No. 2. Surface corrosion and blistered paint was also present on HPR No. 1. IIAR Section 6, Section 11.1.a states: “Visually inspect metal surfaces for pitting of surface damage” of non-insulated carbon or stainless-steel piping. IIAR Section 6, Section 11.1.1.2 states: “Where pitting, surface damage, general corrosion, or a combination thereof, has not materially reduced the remaining pipe wall thickness, the piping metal surface shall be cleaned and recoated to arrest further deterioration.” IIAR Section 6, Section 10.1.(a) states: “Visually inspect metal surfaces for pitting or surface damage” for non-insulated pressure vessels. IIAR 6, Section 10.1.1.1.1 states: “Where pitting, surface damage, general corrosion, or a combination thereof, has not materially reduced the vessel wall thickness beyond its permitted corrosion allowance, the pressure vessel metal surface shall be cleaned and recoated to arrest further deterioration.” At the time of the inspection, the Facility was in the process of implementing a phased corrective plan to address this issue that it had self-identified through its compliance program which includes regularly-scheduled self-inspections and third party audits to identify potential RMProgram compliance issues.
- Numerous valves throughout the Facility, including those on the ammonia machinery rooms, did not contain valve identification tags. ANSI/ American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) 15-2016, Section 11.2.2 states systems containing more than 110 pounds (50 kg) of refrigerant shall be provided with durable signs having letters not less than 0.5 inch (12.7 mm) in height designating valves or switches for controlling the refrigerant flow.
EPA inspectors requested the refresher training records for all the ammonia operators. Facility representatives were not able to provide the records for refresher training.
EPA inspectors reviewed the incident investigation report for the 2016 ammonia release. The incident report was not finalized or signed by the plant manager, as required by the Facility’s written procedures, so as to ensure that its findings or recommendations could be promptly addressed.
ALLEGED VIOLATIONS
Based on EPA’s compliance monitoring investigation, the EPA alleges that the Respondent violated 40 C.F.R. Part 68, the codified rules governing the Act’s Chemical Accident Prevention Provisions and Section 112(r) of the Act, 42 U.S.C. § 7412(r), when it:
- Failed to document that equipment complies with RAGAGEP, as required by 40 C.F.R. § 68.65(d)(2);
- Failed to provide refresher training at least every three years to each employee involved in operating a process to assure that the employee understands and adheres to the current operating procedures of the process, as required by 40 C.F.R. § 68.71(b); and
- Failed to establish a system to promptly address and resolve the incident report findings and recommendations as required by 40 C.F.R. § 68.81(e).
Respondent consents to the payment of a civil penalty, which was calculated in accordance with the Act, in the amount of $83,061.00, which is to be paid within thirty (30) calendar days of the Effective Date of this CAFO.