Respondent is the owner and operator of a Facility that utilizes approximately 32,000 pounds of anhydrous ammonia in its refrigeration system at the Facility. Respondent uses anhydrous ammonia in a series of interconnected pipes and vessels in a refrigeration system at the Facility (the “Process”). On June 26, 2017, EPA conducted an inspection of the Facility pursuant to Section 114 of the CAA. 42 U.S.C. § 7414, in order to determine the Facility’s compliance with Section 112(r) of the CAA, 42 U.S.C. § 7412( r), and its regulations, the Chemical Accident Prevention Provisions of 40 C.F.R. Part 68, (“the Inspection”). Based upon the information gathered pursuant to the Inspection, EPA alleges the following violations of 40 C.F.R. Part 68.
COUNT 1: FAILURE TO COMPLY WITH PROCESS SAFETY INFORMATION REQUIREMENTS (RELIEF SYSTEM DESIGN AND DESIGN BASIS)
At the time of the Inspection, Respondent had failed to complete a compilation of written process safety information regarding the relief system design for the Facility, in accordance with the schedule set forth in§ 68.67, as required by 40 C.F.R. § 68.65(d)(1)(iv).
COUNT 2: FAILURE TO COMPLY WITH PROCESS SAFETY INFORMATION REQUIREMENTS (GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES)
Applicable industry standards for anhydrous ammonia refrigeration systems include the IIAR Bulletin 110 (1993), ANSI/IIAR 2 (1992), and ASME B31.5 (2001), which are recognized and generally accepted as good engineering practices for safeguards pertaining to anhydrous ammonia refrigeration systems.
IIAR Bulletin 11O Section D.2 specifically states: “There shall be no partition or openings that could permit passage of escaping refrigerant to other parts of the building. The points of passage of all piping and cable ducts through walls, ceilings, and floors shall be tightly sealed.”
At the time of the Inspection, EPA observed points of passage of piping through walls which were not tightly sealed.
ANSI/IIAR 2 (1992) states: “Termination [of emergency discharge lines] shall be outside the building… not less than 7 feet above the highest structure on the building.”
At the time of Inspection, the termination of a relief header line was observed less than 7 feet above the upper roof surface, the highest structure on the building.
At the time of the Inspection, Respondent did not document, as part of its written process safety information, in accordance with the schedule set forth in § 68.67, that equipment used in the process complies with recognized and generally accepted good engineering practices.
Respondent shall pay the EPA Civil Penalty of $23,226,
CLICK HERE for the CAFO