This is an unusual case in that it involved a 20-pound release of NH3 during a “line break” on a refrigeration system. There was only a single citation and it came at a price of $38,500. The employee was injured. I have been unable to locate an OSHA investigation regarding this incident, which occurred in TX. This case is also interesting in that the company agreed to implement:
- All employees and contractors are to follow the line break requirements and use an air-purifying respirator
- Implement a buddy system when performing work associated with line breaks around the ammonia system
- and others
Respondent is the owner and operator of a cheese manufacturing plant. On March 16, 2023, there was an incident at the Facility that resulted in the accidental release of 22 pounds of anhydrous ammonia and the injury of one (1) employee (the “Incident”). On January 11, 2024, the EPA requested documentation and information concerning the Incident and Respondent’s compliance with Section 112(r) of the CAA and 40 C.F.R. Part 68 (the “Investigation”).
The process includes fluid milk unloading, cheese manufacturing, cheese packaging and storage, liquid whey processing, whey powder packaging, storage, and shipping. Processing aid substances handled and stored onsite consist of ammonia and sanitation chemicals. The Respondent’s processes meet the definition of “process” and “covered process”, as defined by 40 C.F.R. § 68.3. The Respondent’s RMP Program Level 3 covered process stores or otherwise uses a regulated substance in an amount exceeding the applicable threshold. Anhydrous ammonia is a “regulated substance” pursuant to Section 112(r)(2)(B) of the CAA, and the regulation at 40 C.F.R. § 68.3. The threshold quantity for anhydrous ammonia is 10,000 pounds, as listed in 40 C.F.R. § 68.130. Respondent has greater than a threshold quantity of anhydrous ammonia in a process at the Facility, meeting the definition of “covered process” defined by 40 C.F.R. § 68.3.
EPA Findings of Violation
Count 1 – Operating Procedures
The regulation at 40 C.F.R. § 68.69(d) requires the owner or operator of a stationary source with a process subject to Program 3 to develop and implement safe work practices to control hazards during operations such as lockout/tagout, confined space entry, opening process equipment or piping, and control over entrance into a stationary source by maintenance, contractor, laboratory, or other support personnel.
At the time of the Incident, Respondent failed to identify the risk and hazard prior to and during the work commencing the line breaking.
Respondent’s failure to develop and implement safe work practices to provide for the control of hazards during opening process equipment or piping, pursuant to 40 C.F.R. § 68.69(d), is a violation of Section 112(r)(7) of the CAA.
The EPA and Respondent agree that Respondent shall, as expeditiously as possible at Respondent’s Dalhart, Texas facility, but in no event later than sixty (60) calendar days from the effective date of this Order, complete the following actions (Compliance Actions):
- Update the requirements and training for “Standards of Practice working with Anhydrous Ammonia Standard Operating Procedure” to require all employees and contractors to follow the line break requirements and the use of an air purifying respirator.
- Implement a buddy system when performing work associated with line breaks around the ammonia system area.
- Conduct a review and training with all mechanics on the proper tools for the job when working around the ammonia system and related piping.
- Pursuant to 40 C.F.R. § 68.195(a), the incident should be added to the facility’s 5-year accident history in the risk management plan.
Consent Agreement
Respondent agrees to pay a civil penalty of thirty-eight thousand five hundred dollars ($38,500.00), as set forth below, in settlement of the claims alleged herein.
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