Respondent owned a facility that used anhydrous ammonia as a refrigerant for produce processing and packaging. On July 9, 2024, EPA performed an inspection of the Facility to evaluate compliance with the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) Section 103 and CAA Section 112(r). Based upon the information gathered during the Inspection and subsequent investigation, EPA determined that the respondent violated certain provisions of the CAA. At all times relevant to this CA/FO, Respondent produced, used, or stored more than 10,000 pounds of anhydrous ammonia at the Facility and was subject to Program 3 requirements because there are public receptors within the distance to the endpoint for the worst-case release from its Facility and was subject to the OSHA process safety management standard set forth in 29 C.F.R. § 1910.119.
ALLEGED VIOLATIONS
Count I – Failure to Compile Process Safety Information
Based upon the Inspection and subsequent investigation, EPA determined that Respondent failed to complete the compilation of process safety information in the following instances:
a. The quantity of anhydrous ammonia listed in the process safety information did not include portable refrigeration equipment, as required by 40 C.F.R. § 68.65(c)(1)(iii).
b. The Respondent did not maintain accurate process safety information for its safety systems, as required by 40 C.F.R. § 68.65(d)(1)(vii).
c. The Respondent lacked documentation that equipment complies with recognized and generally accepted good engineering practices, as required by 40 C.F.R. § 68.65(d)(2) and (3), such as a lack of consistent labeling and signage, inadequate alarms and sensors, inadequate sealing and egress of ammonia machinery rooms, deficiencies in ventilation equipment, and a lack of eyewash and safety showers inside the ammonia machinery rooms.
Accordingly, EPA alleges that by failing to complete the compilation of process safety information, Respondent violated the requirements set forth at CAA Section 112(r)(7), 42 U.S.C. § 7412(r)(7), and 40 C.F.R. § 68.65.
Count II – Failure to Comply with Process Hazard Analysis Requirements
Based upon the Inspection and subsequent investigation, EPA determined that the Respondent failed to mitigate risks with engineering and administrative controls, apply its policy when prioritizing recommendations for completing actions, and resolve recommendations in a timely manner.
Accordingly, EPA alleges that by failing to mitigate risks and consistently follow through on the process hazard analysis’s recommendations, Respondent violated the process hazard analysis requirements set forth at 40 C.F.R. § 68.67.
Count III – Failure to Comply with Operating Procedures Requirements
Based upon the Inspection and subsequent investigation, EPA determined that Respondent failed to adequately address emergency shutdowns, operating limits, chemical hazards, exposure prevention and treatment, and safety systems in multiple operating procedures.
Additionally, Respondent has not annually certified that operating procedures are current and accurate, as required by 40 C.F.R. § 68.69(c).
Accordingly, EPA alleges that by failing to provide all the required information in its operating procedures and annually certify their accuracy, Respondent violated the operating procedures requirements set forth at 40 C.F.R. § 68.69.
Count IV – Failure to Document Employee Training
Based upon the Inspection and subsequent investigation, EPA determined that Respondent failed to adequately or consistently document the trainings received by each employee.
Accordingly, EPA alleges that by failing to adequately and consistently document trainings received by each employee, Respondent violated the training requirements set forth at 40 C.F.R. § 68.71.
Count V – Failure to Comply with Mechanical Integrity Requirements
Based upon the Inspection and subsequent investigation, EPA determined that Respondent failed to conduct annual safety inspections, recertify, or replace pressure relief valves on time, document testing of sensors and emergency stop switches, and correct active corrosion and pitting in ammonia piping on the West ammonia machinery room roof.
Accordingly, EPA alleges that by failing to conduct inspections and tests on specified schedules, document testing, and correct deficiencies in equipment, Respondent violated the mechanical integrity requirements set forth at 40 C.F.R. § 68.73.
Count VI – Failure to Implement Management of Change Procedure
Based upon the Inspection and subsequent investigation, EPA determined that Respondent failed to implement the management of change procedures when it replaced the screw compressor control panel for the east cooler.
Accordingly, EPA alleges that by failing to implement the management of change procedures, Respondent violated the management of change requirements set forth at 40 C.F.R. § 68.75(a).
Count VII – Failure to Comply with Compliance Audit Requirements
Based upon the Inspection and subsequent investigation, EPA determined that Respondent failed to promptly document appropriate responses to its three-year compliance audit findings and failed to consistently document that these deficiencies have been corrected.
Accordingly, EPA alleges that by failing to document appropriate responses and correct deficiencies identified in compliance audit findings, Respondent violated the compliance audit requirements set forth at 40 C.F.R. § 68.79(d).
Count VIII – Failure to Promptly Address and Resolve Incident Investigation Findings
Based upon the Inspection and subsequent investigation, EPA determined that Respondent failed to establish a system to promptly address and resolve findings from its investigation of its October 2019 ammonia release.
Accordingly, EPA alleges that by failing to establish a system to promptly address and resolve findings of an incident investigation, Respondent violated the incident investigation requirements set forth at 40 C.F.R. § 68.81(e).
Count IX – Failure to Update Emergency Contact Information
Based upon the Inspection and subsequent investigation, EPA determined that Respondent failed to correct its Risk Management Plan within one month of changing its emergency contact in May 2024.
Accordingly, EPA alleges that by failing to update its emergency contact information, Respondent violated the required corrections requirements set forth at 40 C.F.R. § 68.195(b).
CIVIL PENALTY
Respondent agrees to pay a civil penalty in the amount of ONE HUNDRED EIGHTY-SIX THOUSAND, TWO HUNDRED SIXTY-NINE DOLLARS ($186,269)
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