EPA has reached an agreement with a Nitrogen manufacturer to resolve federal civil environmental violations of the Clean Air Act’s chemical accident prevention measures and of federal laws requiring timely notification of chemical accidents. EPA identified these violations following an anhydrous ammonia release that led to thirteen workers being injured at the facility in Arizona. The facility, which uses anhydrous ammonia to manufacture ammonium nitrate-based explosives for mining operations and agricultural fertilizers, will pay a $1.5 million civil penalty and make widespread safety improvements to its facility, some of which have already been implemented. EPA’s inspections in 2015 and 2017 were prompted by the company’s release of more than 52,000 pounds of anhydrous ammonia while offloading a railcar in June 2014. During the investigation, EPA found violations of the Clean Air Act’s Risk Management Program regulations, including deficiencies in the plant’s hazard assessment, process safety information, operating procedures, mechanical integrity program, compliance audits, and emergency response program. The release injured twelve employees and one contractor, including seven who needed off-site medical evaluation, and also required the evacuation of employees.
While EPA’s investigation of the 2014 release was ongoing, the facility had an additional release of anhydrous ammonia in August 2015 due to the facility’s ineffective preventive maintenance program. The company then failed to immediately notify the National Response Center and state and local authorities, in violation of the federal Comprehensive Environmental Response, Compensation, and Liability Act and Emergency Planning and Community Right-to-Know Act, ultimately reporting the release several hours after it occurred.
This case is part of EPA’s National Compliance Initiative to reduce risks of accidental releases at chemical manufacturing facilities. Proper implementation of a risk management plan helps facilities that store large amounts of regulated hazardous substances prevent and prepare for chemical accidents. Apache Nitrogen Products uses large quantities of anhydrous ammonia, a toxic chemical highly corrosive to skin, eyes and lungs.