EPA announced seven settlements with companies in four New England states for alleged violations of chemical accident prevention and reporting laws. All the cases address the safe use of anhydrous ammonia in refrigeration and cooling units. Collectively, the seven companies have spent more than $750,000 to comply with the laws and will pay more than $580,000 in penalties to settle EPA’s claims of alleged violations.
Information on the settlements:
- Pet Food business in Mass., agreed to certify to EPA it was in compliance with federal clean air laws, pay a $89,140 penalty, and provide almost $100,000 worth of protective clothing to the New Bedford fire department. EPA alleges that the company failed to annually report the presence of hazardous chemicals to emergency response and planning agencies, as required by the federal Emergency Planning and Community-Right-to-Know Act. The company also allegedly violated “General Duty Clause” requirements of the Clean Air Act that apply to ammonia refrigeration systems that have less than 10,000 pounds of ammonia, by failing to properly assess the refrigeration system for hazards; maintain and label piping and equipment; appropriately store combustible materials; and have adequate ventilation and ammonia alarms.
- Frozen potato products business in Maine agreed to pay a $225,000 penalty for alleged violations of the Emergency Planning and Community-Right-to-Know Act and the Clean Air Act’s Chemical Accident Prevention Provisions, commonly known as the risk management planning rule. The business uses anhydrous ammonia in two refrigeration processes at the facility and stores more than 10,000 pounds of ammonia, the threshold for the risk management planning rule. The settlement also requires the business to work with local emergency responders on a plan to notify local Amish residents in the event of an ammonia release, as Amish families may not have modern communications equipment.
- An ice business in Conn., agreed to correct alleged violations and pay a $27,095 penalty for failing to notify the National Response Center of an ammonia release under the Superfund law and failing to submit required reports to emergency response and planning agencies under the Emergency Planning and Community Right-to-Know Act. EPA inspected the facility after a 2016 ammonia release was detected by employees of a neighboring company. The company also was not meeting standards of care expected under the Clean Air Act’s General Duty Clause.
- A Dairy Company in Conn., agreed to pay a $157,214 penalty to settle allegations the company violated the risk management planning rule of the Clean Air Act and chemical release reporting requirements of the Superfund law. After EPA inspected the dairy, a clamp truck accidentally ran into an ammonia feed line, causing an ammonia release.
- The Blueberry processing plant in Maine agreed to pay a $53,000 penalty to settle allegations it had violated the risk management planning rule at its blueberry processing plant and cold storage warehouse. One of EPA’s concerns was that the nearest team of emergency responders with the training needed to enter buildings during an ammonia release was located hours away. After the inspection, the company made changes to ensure local fire fighters would never have to enter the facility to turn off key equipment and ventilate ammonia.
- A large ice skating rink complex in Mass., agreed to pay a $24,263 penalty to settle claims that the company had not completed a required hazard review nor submitted reports notifying emergency responders about the presence of ammonia at its ice rink. The company uses anhydrous ammonia as a refrigerant to keep the ice frozen.
- A cold storage business in N.H., agreed to pay $7,200 for alleged violations of the risk management planning rule at its cold storage warehouse.
The companies all cooperated with EPA’s New England regional office. Two of these settlements were with companies that EPA inspected after ammonia releases occurred, and five cases were undertaken to prevent such releases.
In 2017 and 2018, EPA co-sponsored ammonia safety trainings in all six New England states for about 300 company employees and emergency responders. These trainings included information about industry standards of care for preventing ammonia release and safe responses to any releases that do occur.
These settlements are part of an EPA National Compliance Initiative to reduce risk to human health and the environment by preventing chemical accidents. To read more about this Initiative: https://www.epa.gov/enforcement/national-compliance-initiative-reducing-risks-accidental-releases-industrial-and
Resources:
EPA information on Risk Management Plan requirements under the Clean Air Act: https://www.epa.gov/rmp
EPA information on key safety measures for ammonia refrigeration systems: https://www.epa.gov/enforcement/safety-standards-ammonia-refrigeration
EPA information on Emergency Planning and Community Right to Know (EPCRA): https://www.epa.gov/laws-regulations/summary-emergency-planning-community-right-know-act
SAFTENG members can see most of these agreements in the PSM/RMP Citation Section