This case reflects a common issue in ammonia refrigeration: Lack of or Poor Lockout/Tagout Practices.
This 1,600-pound release was caused by an existing ammonia compressor that was started up on an ammonia line that was meant to be “TAGGED OUT” of service (however, the tag had fallen off) while in the process of tying the existing system into new expansion equipment.
EPA inspectors are not usually LOTO SMEs, and as such, they probably do not know the “Tag-Plus” requirements when using “tagout” vs. “lockout.” However, saying there is a small problem with LOTO in the ammonia refrigeration sector is an understatement. Simply closing a valve and hanging a DANGER Do NOT Operate tag on the valve handle is NOT “tagout,” nor does it come close to the “Tag-Plus” requirements of 1910.147(c)(3)(i), which requires the tagout program will provide a level of safety equivalent to that obtained by using a lockout program.
| 1910.147(c)(3)(i) When a tagout device is used on an energy isolating device which is capable of being locked out, the tagout device shall be attached at the same location that the lockout device would have been attached, and the employer shall demonstrate that the tagout program will provide a level of safety equivalent to that obtained by using a lockout program. |
As a reminder for those who utilize “tagout,” attaching the tags to the energy isolation device(s) must meet some specific requirements. Namely, the means of attachment MUST be:
- non-reusable,
- attachable by hand,
- self-locking,
- non-releasable with a minimum unlocking strength of no less than 50 pounds, and
- environment-tolerant
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1910.147(c)(5)(ii)(C)(2) Tagout devices Tagout devices, including and their means of attachment, shall be substantial enough to prevent inadvertent or accidental removal. Tagout device attachment means shall be of a non-reusable type, attachable by hand, self-locking, and non-releasable with a minimum unlocking strength of no less than 50 pounds and having the general design and basic characteristics of being at least equivalent to a one-piece, all-environment-tolerant nylon cable tie. |
Lastly, the old “red rag” program or the more modern-day “timber cruising ribbon” is NOT even close to meeting OSHA’s minimum expectations regarding LOTO.
The respondent is the owner and operator of a chicken processing plant. On July 1, 2023, there was an incident at the Facility that resulted in an accidental release of 1,600 pounds of anhydrous ammonia and an exposure to three employees. Pursuant to Section 114 of the CAA, 42 U.S.C. § 7414, the EPA requested documentation on February 14, 2024, and Respondent provided on March 5, 2024, information concerning the Incident and Respondent’s compliance with Section 112(r) of the CAA and 40 C.F.R. Part 68 (the “Investigation”).
The Respondent’s facility is a chicken further processing plant. Respondent’s facility specializes in processing and packaging chicken, operating three production lines, and producing approximately 110 million pounds of fully cooked chicken products annually. Processing aid substances handled and stored onsite consist of ammonia and sanitation chemicals. The Respondent’s processes meet the definition of “process” and “covered process,” as defined by 40 C.F.R. § 68.3. The Respondent’s RMP Program Level 3 covered process stores or otherwise uses a regulated substance in an amount exceeding the applicable threshold.
Respondent has at times maintained greater than a threshold quantity of anhydrous ammonia in a process at the Facility, meeting the definition of “covered process” as defined by 40 C.F.R. § 68.3.
EPA Findings of Violation:
Count 1 – Operating Procedures
The regulation at 40 C.F.R. § 68.69(d) requires the owner or operator of a stationary source to develop and implement safe work practices to control hazards during operations such as lockout/tagout, confined space entry, opening process equipment or piping and control over entrance into a stationary source by maintenance, contractor, laboratory, or other support personnel. These safe work practices shall apply to employees and contractor employees.
Respondent failed to implement safe work practices related to lockout/tagout to control hazards during operations. The root cause of the chemical accidental release that occurred on July 1, 2023, identified the accidental release occurred as a result of an existing ammonia compressor that was started on an ammonia line that was meant to be tagged out of service (however, the tag had fallen off) while in the process of tying the existing system into new expansion equipment.
Respondent’s failure to properly implement safe work practices to provide for the control of hazards during lockout/tagout, pursuant to 40 C.F.R. § 68.69(d), is a violation of Section 112(r)(7) of the CAA.
CONSENT AGREEMENT
Respondent agrees that, in settlement of the claims alleged herein, Respondent shall pay a civil penalty of Ten Thousand Dollars ($10,000) and shall perform a Supplemental Environmental Project (“SEP”) as set forth herein. The projected cost of the SEP is Thirty-Seven Thousand, Eight-Hundred Twenty-Six Dollars and Seventy-Five Cents ($37,826.75).
In response to the alleged violations of the CAA and settlement of this matter, although not required by the CAA or any other federal, state, or local law, Respondent agrees to implement a supplemental environmental project (SEP), as described below.
Respondent shall complete a purchase of emergency response equipment for Van Buren, Arkansas Fire Department, consisting of: “Jaws of Life” emergency cutter, spreader, ram, and necessary batteries. Respondent shall spend no less than $37,500 on implementing the SEP.
ATTACHMENT A: SUPPLEMENTAL ENVIRONMENTAL PROJECT
Respondent will supply the Van Buren, Arkansas Fire Department with emergency response equipment as part of their supplemental environmental project (SEP). The Van Buren Fire Department is responsible for protecting the citizens of Van Buren, AR before, during, and after any and all man-made and natural emergency incidents. The equipment will enhance the life-saving capabilities of the Van Buren Fire Department, to be used during an emergency situation.
The donation will include:
1. PCU50 Cutter, Next-Gen Penthon Series, HOL-159.000.226, Item Number: 252716, Price: $11,816.00;
2. PSP40 Spreader, Next-Gen Penthon Series, HOL-159.000.226, Item Number: 25717, Price: $12,185.00;
3. PTR50 Telescopic Ram, Next-Gen Penthon Series, HOL-159.000.227, Item Number: 252720, Price: $10,021.00;
4. PBPA287 Battery (quantity 5), Item Number: 160972, Price per battery: $720.95, Total price: $3,604.75; and
5. Cost of freight, Item Number 300056, Price: $200.00.
This donation covers “Jaws of Life” emergency response equipment for first responders. This equipment can assist in accessing containment systems or emergency equipment to control ammonia and other chemical releases, thereby mitigating an environmental impact, and protecting public health. The total estimated cost of this purchase is $37,826.75. This SEP is estimated to be complete within 1-4 months.
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