Respondent owns and operates an ammonia refrigeration system at its meat processing facility which began operation in February 2019. The ammonia refrigeration system had an initial charge of 17,000 pounds of anhydrous ammonia when operations began, making the facility subject to requirements of Chemical Accident Prevention Provisions in accordance with 40 C.F.R. § 68.10(a) and the requirements of Program 3 in accordance with 40 C.F.R. § 68.10(i).
On November 11, 2019, EPA conducted an announced inspection of the facility. The facility provided numerous documents prior to and during the November 11, 2019 inspection. These documents were related to various aspects of its RMP including management system, process hazard analysis, operating procedures, training, mechanical integrity, management of change, hot work, and contractors.
Management
- The facility failed to document the names or positions of people and define the lines of authority through an organizational chart or similar document in violation of 40 C.F.R. § 68.15(c).
Process Hazard Analysis
- The facility failed to address the engineering and administrative controls applicable to hazards and their interrelationships such as appropriate application of detection methodologies to provide early warning of releases in violation of 40 C.F.R. § 68.67(c)(3).
- The facility failed to address the consequences of failure of engineering and administrative controls in violation of 40 C.F.R. § 68.67(c)(4).
- The facility failed to promptly address the team’s findings and recommendations, assure that the recommendations are resolved in a timely manner and that the resolution is documented, and complete actions as soon as possible in violation of 40 C.F.R. § 68.67(e).
Operating Procedures
- The facility failed to develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with process safety information in violation of 40 C.F.R. § 68.69(a).
Training
- The facility failed to train each employee involved in operating the anhydrous ammonia refrigeration system in an overview of the process and in the operating procedures as specified in § 68.69 in violation of 40 C.F.R. § 68.71(a).
Mechanical Integrity
- The facility failed to establish and implement written procedures to maintain the ongoing integrity of process equipment in violation of 40 C.F.R. § 68.73(b).
- The facility failed to train each employee involved in maintaining the on-going integrity of process equipment in an overview of that process and its hazards and in the procedures applicable to the employee’s job tasks to assure that the employee can perform the job tasks in a safe manner in violation of 40 C.F.R. § 68.73(c).
- The facility failed to establish the frequency of inspections and tests of process equipment consistent with applicable manufacturers’ recommendations and good engineering practices, and more frequently if determined to be necessary by prior operating experience in violation of 40 C.F.R. § 68.73(d)(3).
- The facility failed to document each inspection and test that has been performed on process equipment in violation of 40 C.F.R. § 68.73(d)(4).
Management of Change
- The facility failed to establish and implement written procedures to manage changes (except for “replacements in kind”) to process chemicals, technology, equipment, and procedures; and, changes to stationary sources that affect a covered process in violation of 40 C.F.R. § 68.75(a) and (b).
Hot Work Permit
- The facility failed to document the date(s) authorized for hot work and identify the object on which hot work is to be performed in the hot work permits in violation of 40 C.F.R. § 68.85(b).
Contractors
- The facility failed to obtain and evaluate information when selecting a contractor, regarding the contract owner or operator’s safety performance and programs, inform contract owner or operator of the known potential fire, explosion, or toxic release hazards related to the contractor’s work and the process, and explain to the contract owner or operator applicable provisions in violation of 40 C.F.R. § 68.87(b)(1-3).
- The facility failed to periodically evaluate the performance of the contract owner or operator in fulfilling their obligations in violation of 40 C.F.R. § 68.87(b)(5).
Emergency Response
- The facility failed to establish appropriate mechanisms to notify emergency responders when there is a need to respond to accidental releases of regulated substances in violation of 40 C.F.R. § 68.90(b)(3).
Violations of the Clean Air Act
In response to the Finding of Violation, the facility updated and upgraded components of its ammonia refrigeration system and elements of its RMP Program. The facility installed and commissioned an industrial alarm notification software system to monitor the ammonia refrigeration system and provide notification to facility personnel of any alarm, developed and updated Standard Operating Procedures for missing elements, and identified Kent employees for ammonia operator training and certification.
Civil Penalty
EPA has determined that an appropriate civil penalty to settle this action is $87,261.
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