Respondent is the owner of a food transfer and storage facility and according to their risk management plan for the Facility, Respondent uses approximately 25,225 pounds of anhydrous ammonia in its closed-loop industrial ammonia refrigeration system. On October 2, 2018, EPA conducted an inspection of the Facility to determine whether Respondent was in compliance with Section 112(r) of the CAA, and the RMP Regulations (the “CAA Inspection “). EPA’s CAA Inspection revealed the following instances in which Respondent has not complied with Section 112(r)(7) of the CAA, and the RMP Regulations.
Count 1
Failure to Comply with Process Safety Information Requirements
Section 68.65(a) of the RMP Regulations requires Respondent to complete a compilation of written process and safety information, which shall include information pertaining to the hazards of the regulated substances used or produced by the process, information pertaining to the technology of the process, and information pertaining to the equipment in the process. Information pertaining to the equipment in the process includes information pertaining to the ventilation system design, pursuant to Section 68.65(d)(l)(v) of the RMP regulations.
EPA’s review of the Facility’s ventilation system design information, which included Respondent’s “Report on Machine Room Ventilation for Lankford Sysco,” dated August 22, 2005, indicated that Respondent failed to adequately maintain the information because the design information was not consistent with the system as observed by EPA inspectors at the time of the CAA Inspection.
Section 68.65(d)(2) of the RMP Regulations requires the respondent to document that the equipment in the process complies with recognized and generally accepted good engineering practices (“RAGAGEPs”).
Industry codes relevant to the safe design of ammonia refrigeration systems are RAGAGEPs and include the following:
- American National Standard Institute/International Institute of Ammonia Refrigeration, Standard 2, Equipment, Design, and Installation of Closed-Circuit Ammonia Mechanical Refrigerating Systems (2008) (“ANSI/IIAR 2”);
- American National Standard Institute / American Society of Heating, Refrigerating and Air-Conditioning Engineers Standard 15-2007 and 2013, Safety Standard for Refrigeration Systems (” ANSI/ ASHRAE Standard 15″);
- International Institute of Ammonia Refrigeration Bulletin No. 110, Start-up, Inspection, and Maintenance of Ammonia Mechanical Refrigerating Systems (1993, revised 2004) (“HAR Bulletin 110”);
- International Institute of Ammonia Refrigeration Bulletin No. 109, Minimum Safety Criteria for a Safe Ammonia Refrigeration System (1997) (“IIAR Bulletin 109”).
Subsection 13.3.3 of ANSI/IIAR 2, entitled “Inlet Air,” provides that openings for inlet air shall be positioned to be near the machinery, to avoid recirculation of exhausted air, and to avoid inducing anything except for clean uncontaminated ambient air.
Additionally, Subsection 8.11.4 of ANSI/ASHRAE Standard 15 states that
“[p]revision shall be made for inlet air to replace that being exhausted. Openings for inlet air shall be positioned to avoid recirculation. Air supply and exhaust ducts to the machinery room shall serve no other area…. “
At the time of the CAA Inspection, EPA inspectors observed inlet air into the machinery room being provided through louvers along the upper south wall. The location of the louvers did not prevent short-circuit ing of the make-up air. As installed, intake air from the upper south wall louvers is directly exhausted through the exhaust fans on the roof, which does not allow for airflow in the lower area of the machinery room.
Subsection 13.2.1.2 of ANSI/IIAR 2 states that
“detectors shall activate visual and audible alarms inside the refrigerating machinery room and outside each entrance to the refrigerating machinery room. ” See also ANSI/ASHRAE Standard 15, Section 8. 11.2.1 which states “[t]he alarm shall annunciate visual and audible alarms inside the refrigerating machinery room and outside each entrance to the refrigerating room.”
At the time of the CAA Inspection, EPA inspectors observed that ammonia detectors in the machinery room did not have audible /visual alarms inside the machinery room or at each entrance to the machinery room in accordance with industry standards.
Subsection 13.1.5.2 of ANSI/IIAR 2 states that
“[a]ll pipes piercing the interior walls, ceiling or floor of the machinery room shall be tightly sealed to the walls, ceiling or floor through which they pass.”
See also ANSI/ ASHRAE Standard 15, Section 8.12(f).
At the time of the CAA Inspection, EPA inspectors observed that pipe penetrations from the machinery room to adjacent spaces were not properly sealed in accordance with industry standards.
Subsection 13.1.10.1 of ANSI/IIAR 2 states that
“[e]ach refrigerating machinery room shall have a tight-fitting door or doors opening outward, self-closing if they open into the building, and adequate in number to ensure freedom for persons to escape in an emergency.”
See also ANSI/ASHRAE Standard 15, Section 8.11.2.
At the time of the CAA Inspection, EPA inspectors observed that a garage door leading from the machinery room to an interior space along the south wall of the machinery room was not tightly sealed to the floor.
Subsection 15.5.1.3 of ANSI/IIAR 2 states that
“[t ]he discharge termination from pressure relief devices relieving to the atmosphere shall not be less than 7.25 ft above a roof that is occupied solely during service and inspection.”
At the time of the CAA Inspection , EPA inspectors observed that the refrigeration system’s vent pipe was less than 7.25 feet above the upper roof surface.
In failing to comply with Section 112(r)(7) of the CAA and the RMP Regulations, 40 C.F.R. §§ 68.65(a) and (d)(2), Respondent is subject to the assessment of penalties under Section 113(d) of the CAA.
Count II
Failure to Comply with Process Hazard Analysis Requirements
Section 68.67(a) of the RMP Regulations requires that Respondent perform an initial process hazard analysis (“PHA”) on processes covered by the RMP Regulations.
Section 68.67(e) of the RMP Regulations requires Respondent to, among other things, “promptly address the [PHA] findings and recommendations; assure that the recommendations are resolved in a timely manner and that the resolution is documented; document what actions are to be taken; complete actions as soon as possible; develop a written schedule of when these actions are to be completed… .”
EPA inspectors observed that the PHA was documented in a PHA report dated April 15, 2016.
At the time of the CAA Inspection, EPA inspectors observed that Respondent had not documented completion of the following action items from the PHA report:
- Relocate secondary isolation valve on ammonia fill port to floor level. Add a manual bleed valve (Items 8.02 and 13.10).
- Install new louvers for intake from the dry warehouse that would fail closed. (Item 12.05).
- Replace doorknob leaving the machinery room (Item 16.12).
- Provide prominent signage for emergency ventilation switch (Item 16.14).
In failing to comply with Section 112(r)(7) of the CAA and the RMP Regulations, 40 C.F.R. §§ 68.67(a) and (e), Respondent is subject to the assessment of penalties under Section 113(d) of the CAA.
Count III
Failure to Comply with Mechanical Integrity Requirements
Section 68.73(e) of the RMP Regulations requires Respondent to correct deficiencies in equipment that are outside acceptable limits (defined by the process safety information required by 40 C.F.R. § 68.65) before further use or in a safe and timely manner when necessary means are taken to assure safe operation.
Section 6.7.2 of IIAR Bulletin 11O states that “[a]ny mechanical damage to insulation should be repaired immediately and the vapor seal reinstated to prevent access of water or water vapor which will lead to the breakdown of insulation and corrosion of the pipework …
Sections of insulation that are obviously in poor condition shall be removed and the integrity of the exposed piping determined with the aid of nondestructive testing techniques, as appropriate. Piping shall be replaced as necessary, and protective coatings, insulation, vapor seal reapplied. ” See also Section 5.10.1 of ANSI/IIAR 2.
Additionally, Section 4.10.7 of IIAR Bulletin 109 states that “[i]ce formation that could endanger refrigerant piping or other components should be removed and the condition(s) that cause the ice buildup corrected.”
At the time of the CAA Inspection, EPA inspectors observed ice build-up on the -20 degree pump package and vapor barrier damage on the associated piping and oil pot. The ice buildup has the potential to cause corrosion under insulation and has the potential to impact the valve’s proper operation.
Therefore, Respondent had failed to investigate and correct ice buildup/vapor barrier failure in the machine room.
In failing to comply with Section 112(r)(7) of the CAA, and the RMP Regulations, 40 C.F.R. §§ 68.73(e), Respondent is subject to the assessment of penalties under Section 113(d) of the CAA.
CIVIL PENALTY
In settlement of EPA’s claims for civil penalties for the violations alleged in this Consent Agreement, Respondent consents to the assessment of a civil penalty in the amount of Fifty-Two Thousand One Hundred and Seventy Dollars ($52,170).
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