Respondent is the owner and/or operator of an animal slaughtering facility where anhydrous ammonia is used in refrigeration systems. The Respondent conducted an offsite consequence analysis in early 2022, showing that the population inside the worst-case scenario radius includes 961 houses, and 2,851 people could be exposed to this release. The Respondent also conducted an alternative release scenario where three residents and adjacent commercial properties would be impacted.
On January 13, 2020, an authorized representative of the EPA conducted an inspection of the Facility to evaluate compliance with section 112(r) of the CAA. During the Inspection, the EPA representative observed the following alleged violations.
The inspection report detailed several findings related to the CAA General Duty Clause, and the cover letter included a request that the respondent takes immediate action to evaluate the findings and undertake corrective measures.
During the Inspection, the EPA observed safety concerns including, but not limited to, the following:
- no emergency ventilation switch,
- inadequate emergency ventilation,
- inadequate machinery labeling,
- no piping labeling,
- uninsulated piping and failure to paint piping located on roof,
- no inspection records of high-pressure receiver, and
- no ammonia detectors or alarms at the Facility.
Pursuant to section 112(r)(1) of CAA, Respondent has a general duty, in the same manner and to the same extent as 29 U.S.C § 654, to
(a) identify hazards which may result from accidental releases of a regulated substance or other extremely hazardous substance, using appropriate hazard assessment techniques;
(b) design and maintain a safe facility taking such steps as are necessary to prevent releases; and
(c) minimize the consequences of accidental releases which do occur.
Respondent failed to comply with the general duty because, among other things, Respondent has not designed and maintained a safe facility by taking the necessary steps to prevent releases of a regulated substance and minimize the consequences of accidental releases that do occur.
Based upon the foregoing Findings of Fact and Conclusions of Law, and other information available to the EPA, Respondent is hereby ordered and agrees as set forth below. All activities specified and ordered below shall be initiated and completed as soon as possible even though maximum time periods or specific dates for their completion may be detailed herein. Except for extension or deadlines for submittals or performance, the terms of this Consent Order shall not be modified except by a subsequent written agreement between the EPA and Respondent.
a. Respondent shall comply with the requirements of section 112(r) of the CAA and the regulations promulgated thereunder and codified at 40 C.F.R. part 68; and
b. Respondent shall comply with the requirements of this Consent Order.
Respondent shall, as expeditiously as possible, but in no event later than September 15, 2023, correct the violations alleged and complete the following actions to comply with the General Duty Clause of the CAA.
a. Install a functional emergency ventilation system in the machinery room that complies with recognized and generally accepted good engineering practices such as the International Institute of Ammonia Refrigeration (UAR) 2-2014, Standard for Safe Design of Closed Circuit Ammonia Refrigeration Systems section 6.14.7.
b. Label the refrigeration machinery, including the compressors, condenser, pressure vessels, evaporators, and refrigeration pumps as specified by UAR 2-2014 § 5.14.2.
c. Label ammonia piping mains, headers and branches with the following information: “AMMONIA, 11 physical state of the ammonia, relative pressure level of ammonia, being low or high as applicable, and pipe service, which shall be permitted to be abbreviated and direction of flow. The marking system shall either be one established by a recognized model code or standard or one described and documented by the facility owner. UAR 2-2014 § 5.14.5.
d. Paint and insulate ammonia refrigeration piping located on the Facility roof and in the machinery room, which provides a protective finish from external corrosion to protect from physical and environmental damage including condensation and excessive frost buildup. IIAR 4-2015 §§ 5.4.7 and 5.10.1.
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