Respondent operates a food distribution plant with 33,400 pounds of ammonia for cold food storage purposes and is a RMProgram level 3 covered ammonia refrigeration process. On February 11, 2016, the EPA conducted an onsite inspection of the RMProgram related records and equipment for the purpose of assessing the Respondent’s compliance with the RMProgram requirements, including the implemented recognized and generally accepted good engineering practices (RAGAGEP) for its covered process. The Respondent could not document that the following equipment complied with RAGAGEP.
- The door into the machinery room from the warehouse and the exterior door on the north side of the machinery room were not tight-fitting at the bottom as required by ASHRAE 15-1994, Section 8.13.2, and ANSI/IIAR 2 … 1992, Section 4.4.
- None of the machinery room doors used for egress contained panic-type hardware as required by ANSI/IIAR 2-1992, Section 4.4.8.
- No audible or visual alarms were present outside of the machinery room doors to alert employees of an ammonia release as required by ASHRAE 15-2013, Section 8.11.2.1, and ANSI/IIAR 2-2014, Section 6.13J.3.
- No emergency shower is located near the machinery room as required by ANSI/IIAR 2-1992, Section 4.4.7, IIAR Bulletin No. 109, Section 4.10.10, and ANSI Z358.1.
- Only one wind sock is located on the roof of the building along the eastern edge and is not visible from the west side of the building by the machinery room outside exit or from the north or south ends of the building. Windsock placement and installation RAGAGEP is located in ANSI/IIAR 2-2014, Section 5.14.6.(f)
- The Respondent conducted process hazard analyses (PHAs) in 2001, 2007, and 2012 using a checklist methodology. Several recommendations from the 2012 PHA were assigned risk rankings requiring completion within either 3 months or 6 months; however, nine recommendations did not meet this schedule.
- The Respondent could not provide any inspection documentation to show that piping inspections (visual, non-destructive testing (NDT), or otherwise) had been completed on the ammonia piping as indicated on the 2012 Mechanical Integrity Audit results tracking sheet (see Items Engine Room d3, Roof d3, and Docks/Storage Areas d3). Other pipe testing documentation notes inspection repairs completed but does not provide information on the date of the inspection or test, the individual performing the inspection or test, a description of the inspection or test performed, and the results of the inspection or test.
- At the time of the inspection, Inspectors noted that one of the emergency contacts in the plan needed to be updated since that individual no longer works at the facility.
ALLEGED VIOLATIONS OF LAW
Based on EPA’s compliance monitoring investigation, the EPA alleges that the Respondent violated the codified rules governing the Act’s Chemical Accident Prevention Provisions, because Respondent did not adequately implement provisions of 40 C.F .R. Part 68 when it:
- Failed to document that equipment complies with recognized and generally accepted good engineering practices as required by 40 CFR § 68.65( d)(2);
- Failed to establish a system to promptly address the team’s findings and recommendations; assure that the recommendations are resolved in a timely manner and that the resolution is documented; document what actions are to be taken; complete actions as soon as possible; develop a written schedule of when these actions are to be completed; communicate the actions to operating, maintenance and other employees whose work assignments are in the process and who may be affected by the recommendations or actions as required by 40 CFR § 68.67(e);
- Failed to document each inspection and test that has been performed on process equipment as required by 40 CFR § 68.73(d)(4); and
- Failed to develop and implement procedures to review ~d update, as appropriate, the emergency response plan as required by 40 CFR § 68.95(a)(4)
Respondent agrees to pay the civil penalty of TWENTY-THREE THOUSAND THIRTY-ONE DOLLARS ($23,031)
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