Respondent is a producer of made-to-order frozen gourmet Italian entrees. The Facility uses anhydrous ammonia in its refrigeration process to cool the ingredients cooler and product freezers. Anhydrous ammonia is included on the List of Regulated Substances and Thresholds for Accidental Release Prevention requirements under Section 112(r) of the Clean Air Act. At approximately 1:40 pm on July 20, 2013, an employee was operating a forklift in the shared space (Machinery Room / Maintenance Department) where among other things, forklifts are stored and refrigeration equipment, including ammonia containing High Pressure Receivers are present. The employee while driving the forklift, attempted to move a boom under one of the three High Pressure Receivers. The boom hit a drain valve handle which caused the valve handle to bend and created a hole through which ammonia could escape. 13,800 pounds of anhydrous ammonia from the refrigeration system was released in the incident. As a precaution County public safety officials initiated a reverse 911 system asking nearby residents to shelter-in-place; however, no shelters were opened the county.
Pursuant to section 112(r)(1), an owner/operator of a stationary source producing, processing, handling or storing substances listed pursuant to section 112(r)(3) of the CAA or any other extremely hazardous substance, has a general duty to: (1) identify hazards which may result in accidental releases of such substances using appropriate hazard assessment techniques; (2) design and maintain a safe facility, taking such steps as are necessary to prevent releases; and (3) minimize the consequences of accidental releases that do occur.
Respondent failed to prevent the accidental release by not instituting physical barriers to the movement and storage of mobile equipment near the storage vessel of an extremely hazardous substance, or otherwise failing to design and maintain the Machinery Room in such a manner to prevent releases such as the one that occurred on July 20, 2013.
Respondents failure constitutes a violation of the general duly clause in section 112(r)(1) of the CAA.
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