Respondent owns and operates a facility that produces approximately 300 tons of crushed, cubed, and block ice per day for retail, the fishing industry, and special events. The ice is produced using an anhydrous ammonia refrigeration system. On April 24, 2017, there was a release of anhydrous ammonia from the 6,500-pound ammonia refrigeration system at the Facility, which resulted in the evacuation of more than 100 people from nearby businesses and vessels. Emergency Medical Services personnel responded. Nine people were evaluated on-site for irritated eyes, breathing difficulties, and other symptoms and one person transported himself to an area hospital for evaluation.
On July 10, 2018, EPA performed an inspection of the Facility pursuant to Section 112(r) of the CAA. Based upon the information gathered during this inspection and subsequent investigation, EPA determined that Respondent violated certain provisions of the General Duty Clause of the CAA.
ALLEGED VIOLATIONS
COUNT 1 – Failure to Design and Maintain a Safe Facility – Labeling
EPA determined the ammonia alarm light outside the ammonia machinery room (AMR) door was not properly labeled to indicate its purpose, and that there was no audible alarm outside the AMR, which EPA found to be inconsistent with industry safety standards.
EPA determined the AMR emergency remote ventilation switch was not labeled/clearly marked or identified by signage to indicate the purpose of the switch, which EPA found to be inconsistent with industry safety standards.
By failing to comply with the requirement to design and maintain a safe facility, taking such steps as are necessary to prevent releases, Respondent violated Section 112(r)(1) of the CAA.
COUNT 2 – Failure to Design and Maintain a Safe Facility – Equipment Related to Emergencies
EPA determined the ventilation system for the AMR exhausts directly into the high-pressure receiver (HPR)/condenser area and did not contain an ammonia detector or ammonia detection alarms outside of the exterior doors to the area. EPA found these conditions to be inconsistent with industry safety standards.
EPA determined the exterior doors from the AMR and the door from the condenser area were not tight-fitting, which EPA found to be inconsistent with industry safety standards.
EPA determined the AMR was open to the rest of the building above the first floor walls and was not sealed to prevent ammonia from escaping to other occupied parts of the building. The AMR contained one ammonia detector in the room and one ammonia sensor outside the AMR affixed to the wall in the attic space above the bin rooms. EPA determined this sensor may not detect ammonia that is released and escapes above the AMR. EPA determined that the walls, floor, and ceiling separating the refrigeration room from other occupied spaces were not tight and of non-combustible construction, and did not consist of at least one hour fire-resistive construction. EPA found these conditions to be inconsistent with industry safety standards.
EPA determined the large suction accumulator contains an oil drain line on the bottom of the vessel with a quarter-turn block valve that was not self-closing, and the line was not capped, presenting an ammonia release hazard if the valve is inadvertently opened, which EPA found to be inconsistent with industry safety standards.
By failing to comply with the requirement to design and maintain a safe facility, taking such steps as are necessary to prevent releases, Respondent violated Section 112(r)(1) of the CAA.
CIVIL PENALTY
EPA proposes that Respondent be assessed, and Respondent agrees to pay, EIGHTY-TWO THOUSAND SIX-HUNDRED THIRTEEN DOLLARS ($82,613) as the civil penalty for the violations alleged herein.
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