Respondent is the owner and operator of a pork harvesting, processing, and packaging facility which utilizes 250,000 pounds of anhydrous ammonia in its refrigeration system. On April 20, 2016, EPA inspected the Facility in order to determine the Facility’s compliance with the Chemical Accident Prevention Provisions of 40 C.F.R. Part 68. Based upon the information gathered pursuant to the inspection, EPA alleges the following violations of 40 C.F.R. Part 68.
COUNT 1: FAILURE TO COMPLY WITH PROCESS SAFETY INFORMATION REQUIREMENTS
The Chemical Accident Prevention Provisions require an owner or operator to complete a compilation of written process safety information which shall include information pertaining to the hazards of the regulated substances used or produced by the process, information pertaining to the technology of the process, and information pertaining to the equipment in the process. 40 C.F.R § 68.65(a).
Information pertaining to the equipment in the process shall include design codes and standards employed. 40 C.F.R § 68.65(d)(l)(vi).
Specifically, the owner or operator shall document that equipment complies with recognized and generally accepted good engineering practices. 40 C.F.R § 68.65(d)(2).
Applicable industry standards for anhydrous ammonia refrigeration systems include:
- the American National Standards Institute/International Institute of Ammonia Refrigeration 2 (“ANSI/IIAR 2”), Standard/or Safe Design of Closed-Circuit Ammonia Refrigeration Systems of Closed-Circuit Ammonia Mechanical Refrigeration (2014), and
- American National Standards Institute/American Society of Heating, Refrigerating and Air-Conditioning Engineers 15 (“ANSI/ASHRAE 15”), Safety Standard/or Refrigeration Systems and Designation and Classification of Refrigerants (2013).
ANSI/IIAR 2 and ANSI/ASHRAE 15 are recognized and generally accepted as good engineering practices for safeguards pertaining to anhydrous ammonia refrigeration systems.
Section 6.14.3.5 of ANSI/IIAR 2 states, “Machinery room exhaust shall discharge vertically upward with a minimum discharge velocity of 2,500 ft/min (762 m/min) at the required emergency ventilation flow rate.“
During the Inspection, EPA observed that the Facility ‘s machinery room was vented to the outdoors by six mechanical exhaust vents, four of which were horizontal.
Section 6.2.5 of ANSI/IIAR 2 states, “Airflow From Occupied Spaces. Air shall not flow to or from any portion of a premise that is routinely accessible to or occupied by people on a part-time or full-time basis through a machinery room unless the air is ducted and sealed to prevent ammonia leakage from entering the airstream. Access doors and panels in ductwork and air-handling units located in a machinery room shall be gasketed and tight fitting.“
Section 8.11.2 of ANSI/ASHRAE 15 states, “Each refrigerating machinery room shall have a tight-fitting door or doors opening outward … With the exception of access doors and panels in air ducts and air-handling units conforming to Section 8.11.17, there shall be no openings that will permit passage of escaping refrigerant to other parts of the building.”
During the inspection, EPA observed a vent duct above the door between the production area and the accessible hallway within the machinery room, which appeared to vent air to or from the production area into the accessible hallway in the machinery room.
Section 8.12 of ANSI/ASHRAE 15 states, “Machinery Room, Special Requirements… [A] refrigerating machinery room shall meet the following special requirements … (c) Walls, floor, and ceiling shall be tight and of noncombustible construction. Walls, floor, and ceiling separating the refrigerating machinery room from other occupied spaces shall be of at least one-hour fire-resistive construction. “
During the Inspection, EPA inspectors observed that the wall above the door, which adjoined the production area and the accessible hallway in the machinery room and was located near Recirculator #2, was not of tight-fitting construction.
COUNT 2: FAILURE TO COMPLY WITH OPERATING PROCEDURE REQUIREMENTS
The Chemical Accident Prevention Provisions require an owner or operator to develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process. 40 C.F.R § 68.69.
Additionally, an owner or operator of a stationary source at which a regulated substance is present in more than a threshold quantity must review operating procedures as often as necessary to assure that they reflect current operating practice, including changes that result from changes in process chemicals, technology, and equipment, and changes to stationary sources. 40 C.F.R § 68.69(c). The owner or operator must certify annually that the operating procedures are current and accurate.
At the time of inspection, Respondent did not have current, annually certified standard operating procedures for the ammonia refrigeration process.
COUNT 3: FAILURE TO COMPLY WITH MECHANICAL INTEGRITY REQUIREMENTS
Pursuant to 40 C.F.R. § 68.73, the owner or operator of a stationary source at which a regulated substance is present in more than a threshold quantity must establish and implement written procedure s to maintain the ongoing integrity of certain process equipment and train employees accordingly. Additionally, the owner or operator must inspect and test the process equipment following recognized and generally accepted good engineering practices and inspect and test as frequently as manufacturer’s recommendations and good engineering practices dictate, or more frequently if needed based on prior operating experience. See 40 C.F.R. § 68.73(d).
The National Fire Protection Association 85 (“NFPA 85”), Boiler and Combustion Systems Hazards Code (2015), sets forth industry standards and is recognized and generally accepted as good engineering practices for safeguards and preventive maintenance for boilers and combustion systems.
Section 6.4 of ANSI/IIAR 2 Exception 2 states, “Fuel-burning appliances and equipment shall be permitted in a machinery room where an ammonia detector is in accordance with Section 6.13 and automatically shuts off the combustion process upon detection of ammonia.”
Section 4.4.1.1 of NFPA 85 states, “A program shall be provided for inspection and maintenance of equipment at intervals consistent with the type of equipment used, service requirements, and manufacturers’ recommendations.”
Annex A.4.4.1.1 further explains “An example of an inspection and maintenance schedule is as follows:
(1) Daily: flame failure detection system, low water level cutout, and alarm
(2) Weekly: igniter and burner operation
(3) Monthly: fan and airflow interlocks, fuel safety shutoff valves for leakage, high steam pressure interlock, fuel pressure and temperature interlocks for fuel oil, high and low fuel pressure interlocks, and fuel gas strainer and drip leg
(4) Semiannually: burner components; flame failure system components; piping, wiring, and connections of all interlocks and shutoff valves; calibration of instrumentation and combustion control system.”
During the Inspection, EPA inspectors observed boilers installed inside the machinery room that have automatic shut-off capabilities. However, at the time of the Inspection, Respondent had not completed a functional test of the boiler shutdown system, and, specifically, had not tested the automatic shutdown interlock of the boiler and ammonia detectors.
SETTLEMENT – PAYMENT TERMS
Respondent shall pay the EPA Civil Penalty of $58,549.
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