This is an interesting CAFO! The facility has a 30,000 gallon LPG tank which they use the fuel for heating water to produce steam to cook its product. The LPG is exempted from Part 68 since it is “used as a fuel”; HOWEVER, EPA pulled out their “General Duty Clause” and cited the facility for the location and lack of fire protection regarding this LPG Tank!!! This is a first for me, the fuel is exempted under the rule, but it falls under the CAA GDC!!!!
Respondent operates a food production facility and has operated the Facility since at least 1957. The Facility has an SIC code of2038 (frozen specialties, not elsewhere classified) and NAICS code of 311412 (frozen specialty food manufacturing). The Facility employs approximately 150 full time employees. The Facility is located on approximately 2.46 acres and is bordered to the north by residential housing, to the east by residential housing and undeveloped land, to the south by undeveloped land and to the west by residential housing and a community park. The main activity at the Facility is the production of food products (pierogies). Respondent operates a 6,000-square-foot freezer and a 1,000-square-foot freezer in a storage warehouse facility that utilize an ammonia-based refrigeration system. The refrigeration process uses up to 19,000 pounds of anhydrous ammonia in its system for frozen storage of the food products. Respondent also uses propane as fuel for heating water to produce steam to cook its product. Respondent stores the propane in a 30,000-gallon tank. On or about September 25, 2013, EPA conducted an inspection (the “Inspection”) of the Facility to assess compliance with Section 112(r)(1) (General Duty Clause) and (7) of CAA, and 40 C.F.R. Part 68, the Chemical Accident Prevention Provisions. EPA’s review of the documentation submitted by Respondent, and EPA’s observations made during the Inspection, revealed violations of the Chemical Accident Prevention Provisions regarding the ammonia refrigeration system at the Facility and General Duty Clause violations regarding the 30,000-gallon propane tank.