EPA issues RMP citations @ ice manufacturing facility (NH3 & $182K)

Respondent owns and operates an ice manufacturing facility that typically operates 24 hours a day, seven days a week. On June 26, 2019, EPA performed an inspection of the Facility pursuant to Section 112(r) of the CAA, Sections 304-312 of the Emergency Planning and Community Right-to-Know Act (“EPCRA”), and Section 103 of the Comprehensive Environmental Response, Compensation, and Liability. EPA alleges that Respondent violated certain provisions of the CAA.

Respondent claims that before EPA’s June 26, 2019 inspection, it initiated a Risk Management Program (“RMP”) improvement project at the Facility. Respondent claims it intended to take certain actions to address some of the violations alleged in this CAFO as part of its RMP improvement project but had not yet completed these actions at the time of EPA’s inspection. Respondent claims to have continued making RMP improvements to the Facility during the COVID-19 pandemic, which required shutting down its ice manufacturing operations and the ammonia refrigeration system equipment associated with the ice production process.

ALLEGED VIOLATIONS

COUNT 1 -Failure to accurately document ventilation systems design and compliance of equipment with design codes and standards

On June 26, 2019, the day of EPA’s inspection, Respondent did not provide EPA with documentation of the ventilation system design in its Machinery Room 2 (“AMR 2”). Respondent did provide EPA with ventilation design system information for Machinery Room 1 (“AMR I”) at the time of EPA’ s inspection, but it was inconsistent with ventilation design system information provided following the inspection, on August 13, 2020.

Based on EPA’s inspection and information gathered during EPA’s investigation, EPA determined that Respondent had not adequately documented that various equipment at the Facility – including the ventilation systems in AMRs 1 and 2, entry and exit doors in AMRs 1 and 2, emergency stop and ventilation activation switches, ammonia leak detection alarm, other audible and visible alarms, and ammonia piping – complied with the corresponding RAGAGEP, pursuant to American National Standards Institute (ANSI)/International Institute of Ammonia Refrigeration (IIAR) 2-2021, or were otherwise designed, maintained, inspected, tested, and operating in a safe manner.

By failing to document the ventilation system design and design codes and standards employed for the equipment in the process for AMRs 1 and 2 or were otherwise designed, maintained, inspected, tested, and operating in a safe manner, Respondent violated CAA Section 112(r)(7) and 40 C.F.R. §§ 68.65(d)(1)(v)-(vi), 68.65(d)(2), and 68.65(d)(3).

COUNT II – Failure to correct mechanical integrity deficiencies in equipment before further use

During a 2015 mechanical integrity audit at the Facility, Respondent identified engineering control deficiencies related to ammonia detectors, emergency exhaust fans, and dampers and alarms. When EPA conducted its inspection of the Facility on June 26, 2019, EPA determined that these 2015 mechanical integrity audit items had not been resolved. Respondent also carried out a compliance audit in 2017 in which it identified engineering control deficiencies related to the refrigeration process and ventilation system. In September 2017, Respondent prepared a PHA revalidation checklist. EPA determined that the September 2017 PHA revalidation checklist did not contain any recommendations to control hazards associated with the refrigeration process that were identified in the 2015 mechanical integrity audit and the 2017 compliance audit.

By failing to adequately address engineering and administrative controls applicable to hazards and their interrelationship in its September 2017 PHA revalidation checklist, Respondent violated CAA Section 112(r)(7) and 40 C.F.R. § 68.67(c)(3).

COUNT 3 – Failure to correct mechanical integrity deficiencies in equipment before further use

Based on EPA’s inspection and information gathered during EPA’s investigation, EPA determined that there were mechanical integrity deficiencies outside of acceptable limits for several pieces of equipment – including ammonia piping, oil drain piping, electrical conduits, emergency stop and ventilation activation pull stations, ammonia sensors, and insulation – that should have been corrected prior to continued use.

By failing to comply with the mechanical integrity requirements for correcting deficiencies in equipment, Respondent violated CAA Section 112(r)(7) and 40 C.F.R. § 68.73(e).

COUNT 4 – Failure to promptly determine and document responses to compliance audit findings

Based on EPA’s inspection and information gathered during EPA’s investigation, EPA determined that Respondent did not promptly address compliance audit recommendations from a 2017 compliance audit and document that deficiencies had been corrected. Recommendations from the 2017 compliance audit that were not promptly addressed included installing a remote (break-glass) emergency shutdown switch outside the machinery room exit and ensuring the ammonia detection system activates a visual alarm.

By failing to promptly address compliance audit recommendations, Respondent violated CAA Section 112(r)(7) and 40 C.F.R. § 68.79(d).

Penalty

Respondent shall pay a civil penalty in the amount of ONE HUNDRED EIGHTY-TWO THOUSAND SIX HUNDRED FIFTY-NINE DOLLARS ($182,659.00) and implement the compliance tasks described in Section G, in accordance with the terms of this CAFO.

Respondent shall repair or replace the damaged or missing labels on ammonia refrigeration piping on the roof and evaporator piping in Rake Room #4 .

Respondent shall ensure that the labeling for all ammonia refrigeration piping at the Facility complies with ANSI/IIAR 2-2021. The individual tasks that the Respondent must undertake to satisfy these requirements are outlined in Attachment 1.

Respondent shall arrange for this work to be completed by December 31, 2022. If extreme weather conditions prevent the work from being able to be performed safely by December 31, 2022, the Respondent must request an extension of time to complete the Compliance Task following the procedures outlined in Paragraph 48.

CLICK HERE for the CAFO

ATTACHMENT I