Respondent owns and operates a carbon dioxide liquification plant, which uses anhydrous ammonia to produce and refrigerate liquid carbon dioxide. On September 19, 2017, EPA performed an inspection of the Facility pursuant to Section 112(r) of the CAA, Section 103 of CERCLA, and Sections 302-312 of EPCRA. Based upon the information gathered during this inspection and subsequent investigation, EPA asserts that Respondent violated certain provisions of the CAA, CERCLA, and EPCRA. EPA and the United States Department of Justice jointly determined that this matter, although it involves alleged violations that occurred more than one year before the initiation of this proceeding, is appropriate for an administrative penalty assessment. At all times relevant to this CAFO, Respondent has had 10,000 pounds or more of ammonia (anhydrous) in one or more processes at its Facility.
ALLEGED VIOLATIONS
COUNT 1 – Failure to immediately notify the NRC of a Release of an RQ of anhydrous ammonia
On January 20, 2019, Respondent’s facility released more than the RQ of anhydrous ammonia. Respondent had actual or constructive knowledge of the anhydrous ammonia release at 4:25 pm, but the NRC was not notified until 1:07 pm the following day.
Respondent violated Section 103 of CERCLA, 42 U.S.C. § 9603 and 40 C.F.R. 302.6 because it did not immediately notify the NRC as soon as it had knowledge of the release of an RQ of anhydrous ammonia.
COUNT 2 – Failure to submit accurate annual chemical inventory forms
Based on EPA’s inspection and information gathered during EPA’s investigation, Respondent did not submit the correct maximum quantity of anhydrous ammonia at the Facility during the calendar year 2017, in violation of 40 C.F.R. § 370.42(s)(6).
Respondent violated EPCRA § 312, Tier II Inventory, 40 C.F.R. § 370.42(s)(6) because it did not report the correct maximum quantity of anhydrous ammonia at the Facility during the 2017 calendar year.
COUNT 3 – Failure to document equipment complies with labeling RAGAGEP
40 C.F.R. § 68.65(d)(2) requires owners and operators to document that process equipment complies with recognized and generally accepted good engineering practices (“RAGAGEP”) For existing equipment designed and constructed in accordance with codes, standards, or practices that are no longer in use, 40 C.F.R. § 68.65(d)(3) requires owners or operators to determine and document that their equipment is designed, maintained, inspected, tested, and operated in a safe manner.
The American National Standards Institute (“ANSI”), the American Society of Mechanical Engineers (“ASME”), the American Society of Heating, Refrigerating and Air-Conditioning Engineers (“ASHRAE”), the National Fire Protection Association (“NFPA”), and the International Institute of Ammonia Refrigeration (“IIAR”) specify RAGAGEP for the ammonia refrigeration industry and are applicable standards for Respondent’s Facility.
According to the above standards, Respondent did not ensure that equipment at its Facility was labeled consistent with RAGAGEP. For example, Respondent did not properly label and tag critical valves, ammonia refrigeration piping, emergency shut-off switches, ammonia detection alarm lights and doors entering hazardous areas; and Respondent did not have adequate access equipment to operate a manual isolation valve located high off the floor, as required by the industry standards described in ANSI/IIAR 2-2014, Sections 5.14.3, 5.14.5, 6.3.3.1, 6.12.1, 6.15.1 and 17.6, IIAR Bulletin 109, Sections 4.7.6 and 4.10.3, IIAR Bulletin 114, Section 4.1.1 – 4.1.8, ANSI/ASME A13.1, ANSI/ASHRAE 15-2016, Sections 8.3, 8.11.2.1 and 11.2.2, and NFPA 1- 2012, Sections 53.2.4.1 and 53.2.4.2(1).
Respondent violated 40 C.F.R. §§ 68.65(d)(2)-(3) because it did not label process equipment to comply with RAGAGEP and did not have adequate access equipment consistent with industry standards.
COUNT 4 – Failure to document equipment complies with ventilation RAGAGEP
40 C.F.R. § 68.65(d)(2) requires owners and operators to document that process equipment complies with RAGAGEP. For existing equipment designed and constructed in accordance with codes, standards, or practices that are no longer in use, 40 C.F.R. § 68.65(d)(3) requires owners or operators to determine and document that their equipment is designed, maintained, inspected, tested, and operated in a safe manner.
ANSI, ASHRAE, NFPA, and IIAR specify RAGAGEP for the ammonia refrigeration industry and are applicable standards for Respondent’s Facility.
According to the above standards, Respondent did not ensure that equipment at its Facility was maintained consistent with RAGAGEP pertaining to ventilation.
For example, Respondent
- did not have emergency ventilation overrides and remote shut-off controls with a tamper-resistant enclosure outside of a machinery room, and
- Respondent’s ventilation exhaust fans discharged horizontally instead of vertically, as required by the industry standards described in ANSI/IIAR 2- 2014, Sections 6.12.1 and 6.14.3.5, ANSI/ASHRAE 15-2016, Section 8.12(h), and NFPA 1-2012, Section 53.2.3.4.5.
Respondent violated 40 C.F.R. §§ 68.65(d)(2)-(3) because it did not maintain ventilation equipment consistent with RAGAGEP.
COUNT 6 – Failure to document equipment complies with other RAGAGEP
40 C.F.R. § 68.65(d)(2) requires owners and operators to document that process equipment complies with RAGAGEP. For existing equipment designed and constructed in accordance with codes, standards, or practices that are no longer in use, 40 C.F.R. § 68.65(d)(3) requires owners or operators to determine and document that their equipment is designed, maintained, inspected, tested, and operated in a safe manner.
ANSI, ASHRAE, NFPA, and IIAR specify RAGAGEP for the ammonia refrigeration industry and are applicable standards for Respondent’s Facility.
According to the above standards, Respondent did not maintain equipment consistent with RAGAGEP.
For example, in certain locations, the Facility’s anhydrous ammonia piping systems contained damaged or missing insulation, in some instances resulting in ice buildup; the walls and doors to the machinery room were not properly sealed and the doors lacked self-closing mechanisms and panic hardware; and Respondent did not adequately protect electrical equipment with proper coverings, as required by the industry standards described in NFPA 1-2012, Sections
53.2.3.4.3 and 53.3.1.1, ANSI/IIAR 2-2014, Sections 5.10.1, and 6.10.2, IIAR Bulletin 109, Section 4.7.5, IIAR Bulletin 110, Section 6.4.4.3, ANSI/ASHRAE 15-2016, Sections 8.5, 8.11.3, and 8.12.c.
Respondent violated 40 C.F.R. §§ 68.65(d)(2)-(3) because it did not maintain process equipment consistent with RAGAGEP.
CIVIL ADMINISTRATIVE PENALTY
EPA proposes that Respondent be assessed, and Respondent agrees to pay ONE- HUNDRED TWENTY-SEVEN THOUSAND DOLLARS ($127,000.00), as the civil administrative penalty for the violations alleged herein.
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