Respondent is the owner and operator of a food service distribution facility. On October 18, 2017, EPA conducted an inspection of the Facility to determine the Facility’s compliance with Section 112(r)(1) and (7) of the CAA, 42 U.S.C. § 74 12(r)(l) and (7), and the Chemical Accident Prevention Provisions of 40 C.F.R. Part 68 (“Inspection “). On May 24, 2018, EPA issued an Administrative Settlement Agreement and Order on Consent, EPA Docket No. CAA-03-20 l 8-0096DA (“Order “) to Respondent, in order to have Respondent address alleged violations of Section l 12(r)(7) of the CAA regarding its storage of anhydrous ammonia at the Facility. Respondent submitted an initial risk management plan 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. According to Respondent’s risk management plan, anhydrous ammonia has been present in its ammonia refrigeration system at the Facility since at least 2003 and handles approximately 12,000 pounds of anhydrous ammonia.
Count 1 – Failure to Comply with Process Safety Information Requirements
The RMP Regulations require an owner or operator to comply with process safety information requirements at 40 C.F.R. § 68.65(d)(l)(vi) and (d)(2), i.e., to compile process safety information pertaining to design codes and standards relevant to the equipment and to document that the equipment in the process complies with recognized and generally accepted good engineering practices.
One recognized and generally accepted good engineering practices applicable to the anhydrous ammonia is the International Institute of Ammonia Refrigeration 2, Standard for the Equipment, Design, and Installation of Closed-Circuit Ammonia Mechanical Refrigeration Component s (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, EPA determined that Respondent had numerous pieces of ammonia-containing equipment, namely evaporators, at the Facility in locations subject to forklift hazards.
Pursuant to the Order, Respondent installed barricades to protect evaporators at the Facility.
Section 6. 7 .1 of IIAR 2 states that,
“Each machinery room shall have access to a minimum of two eyewash/safety shower units, one located inside the machinery room and one located outside of the machinery room”.
At the time of the Inspection, EPA determined that Respondent did not have an eyewash/safety shower unit located outside of the machinery room.
Pursuant to the Order, Respondent has installed an eyewash station outside the machinery room at the Facility.
Count 2 – Failure to Comply with Mechanical Integrity Requirements Section 68.73(e) of the RMP 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 20 13 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.
Pursuant to the Order, Respondent developed and implemented a corrective action plan to address the uncorrected mechanical integrity items. Respondent completed the compliance tasks under the Order on or about October 10, 2018.
CONCLUSIONS OF LAW RELATED TO THE VIOLATIONS OF SECTION 112(r)(7) OF THE CLEAN AIR ACT
Respondent violated Section 68.65(d)(2) of the RMP Regulations because Respondent failed to ensure that its anhydrous ammonia equipment complied with recognized and generally accepted good engineering practices when it did not protect its evaporators and it did not have an eyewash station outside of its machinery room. 40 C.F.R. § 68.65(d)(2).
Respondent violated Section 68.73(e) of the RMP Regulations because Respondent failed to correct deficiencies in anhydrous ammonia equipment, including the repair of rusted piping under condensers, and the cleaning and repair of ammonia piping, that were 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).
The duration of these two violations is from the date of the Inspection, October 18, 2017 to October 10, 2018, the date on which Respondent completed the work under the Order. Respondent is, therefore, subject to the assessment of penalties under Section 113 of the CAA, 42 U.S.C. § 7413.
SETTLEMENT
In accordance with 40 C.F.R. § 22.18(c) , and in full and final settlement and resolution of all allegations referenced in the foregoing Findings of Fact and Conclusions of Law, and in full satisfaction of all ci vii penalty claims pursuant thereto, for the purpose of this proceeding , the Respondent consents to the assessment of a civil penalty the violations of Section l 12(r)(7) of the CAA, 42 U.S.C. § 7412(r)(7) , and 40 C.F.R. Part 68, in the amount of $59,857, set forth above, (referred to as “Civil Penalty”).