Respondent owns and operates a food service distribution facility that handles approximately 12,000 pounds of anhydrous ammonia at the Facility. EPA conducted an inspection of the Facility on October 18, 2017 (“Inspection”) to determine Respondent’s compliance with CAA Section 112(r)(7) and the Chemical Accident Prevention Provisions at 40 C.F.R. Part 68. Respondent submitted an initial RMP for the Facility in 2003. Several resubmissions and corrections have been made since the original submission, with the latest update submitted to EPA in 2016.
Based on information collected by EPA during the Inspection, EPA determined that Respondent did not comply with the Regulations as follows:
- failure to ensure that its anhydrous ammonia refrigeration equipment meets with recognized and generally accepted good engineering practices, in violation of 40 C.F.R. § 68.65(d)(2);
- failure to timely address findings and recommendations identified in a process hazard analysis, in violation of 40 C.F.R. § 68.67(e);
- failure to annually certify standard operating procedures, in violation of 40 C.F.R. § 68.69(c);
- failure to perform and document inspections and tests, in violation of 40 C.F.R. § 68.73(d);
- failure to timely address mechanical integrity problems including equipment deficiencies outside of acceptable limits, in violation of 40 C.F .R. § 68. 73(e); and
- failure to establish a system to address findings and recommendations of the compliance audit, in violation of 40 C.F.R. § 68.79(d).
Before the Inspection, during a corporate review of the Facility, Respondent had identified some of the compliance issues itself defined in the preceding paragraph and had taken steps to correct them. Respondent has also taken steps after the Inspection to correct other compliance issues identified by EPA during and Inspection and listed in the preceding paragraph.
As of the date of this Order, the following compliance issues remain to be addressed at the Facility:
a. Section 68.65(d)(2) of the Regulations requires that owners or operators comply with recognized and generally accepted good engineering practices, one of which is the International Institute of Ammonia Refrigeration 2, Standard for the Equipment, Design, and Installation of Closed-Circuit Ammonia Mechanical Refrigeration Components (2014) (“IIAR 2”). Section 5.17.1 of IIAR 2 states that “where ammonia-containing equipment is installed in a location subject to physical damage, guarding or barricading shall be provided.” At the time of the Inspection, Respondent had numerous pieces of ammonia-containing equipment, namely evaporators, at the Facility in locations subject to forklift hazards. Respondent developed and had begun to implement a corrective action plan to install barricades at the Facility for this item.
b. Section 68.73(e) of the Regulations requires that owners or operators correct deficiencies in equipment that are outside acceptable limits as defined by the process safety information in 40 C.F .R. § 68.65 before further use or in a safe and timely manner when necessary means are taken to assure safe operation.
40 C.F.R. § 68.73(e). During the Inspection, EPA identified several mechanical integrity deficiencies documented in the Facility ‘s 2013 System Mechanical Integrity Evaluation that had not been corrected, including the needed repair of rusted piping under condensers, and the cleaning and repair of ammonia piping.
Based on information available to EPA, including information gathered during the Inspection performed by EPA at the Facility, and the Findings of Fact and Conclusions of Law set forth above, EPA has determined that Respondent violated Section 112(r)(7), 42 U.S. C. § 7412(r)(7), and 40 C.F.R. Part 68, with respect its storage and handling of anhydrous ammonia in the refrigeration system at the Facility, as detailed above.
Respondent agrees to undertake the actions and provide the information specified below. Respondent shall conduct the following requirements (“Work”):
a. Within twenty (20) days of the Effective Date of this Order, Respondent shall submit to EPA a work plan and schedule for the performance of improvements for the Facility identified above (“Workplan and Schedule”);
b. EPA will review the Workplan and Schedule submitted and will either accept it or direct Respondent to make changes and resubmit the document within twenty (20) days;
c. Within seven (7) days of receipt of EPA’s written acceptance of the Workplan and Schedule, Respondent shall initiate implementation of the EPA-accepted Workplan and complete the Workplan in accordance with the EPA-accepted Schedule;
d. On the one-month anniversary of the Effective Date of this Order, and thirty (30) days thereafter, Respondent shall submit a written monthly progress report to EPA detailing steps taken during the preceding month to implement the EPA-accepted Workplan in accordance with the EPA-accepted Schedule;
e. Within thirty (30) days after completing the work in accordance with the EPA-accepted Workplan and Schedule at the Facility, Respondent shall submit to EPA, for EPA’s approval, a written report verifying that Respondent has complied with the requirements of subparagraph 36.c at the Facility (“Completion Report”). The Completion Report, with the following certification, shall be signed by a responsible official of Respondent.
f. EPA will review the Completion Report and will either approve it in writing or identify deficiencies in writing (“Notice of Work Deficiencies”) and direct Respondent to correct and/or re-perform any or all Work disapproved by EPA and resubmit the report for EPA approval within thirty (30) days of receiving the Notice of Work Deficiencies associated with the Completion Report.
Any notice , report, plan, certification , data presentation or other document submitted by Respondent under or pursuant to this Order which discusses , describes , demonstrates or supports any finding or makes a responsible official of said Respondent shall certify any representation concerning Respondent’s compliance or non-compliance with any requirement(s) of this Order. The term “responsible official” means:
(i) the president, secretary or vice-president of the corporation in charge of principal business function, or any other person who performs similar policy- or decision-making functions for the corporation, or
(ii) the manager of one or more manufacturing facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
The responsible official of a partnership or sole proprietorship means the general partners or the proprietor, respectively.
Respondent shall provide EPA and its representatives, including contractors and grantees, with access to the Facility to assess Respondent’s compliance with this Order and with the CAA. Respondent shall also provide EPA and its representatives, including contractors and grantees, with access to all records relating to Respondent’s implementation of this Order, and shall comply with all requests for information pertaining to this Order.
Respondent shall preserve all documents and information relating to the activities carried out pursuant to this Order for six (6) years after completion of the Work required by this Order. Upon request, Respondent shall provide EPA with copies of such documents and information.
All documents submitted by Respondent to EPA in the course of implementing this Order shall be available to the public unless identified as confidential by the Respondent pursuant to 40 C.F .R. Part 2, Subpart B, and determined by EPA to require treatment as confidential business information in accordance with applicable law.
CLICK HERE for the CAFO