Respondent owns and operates meat processing facilities located in Pennsylvania. As stated in Respondent’s RMP for each of the PA Facilities, Respondent has anhydrous ammonia in the following approximate quantities:
- 88,000 pounds at the Wyalusing Facility;
- 20,500 pounds at the Hazleton Facility.
On June 27, 2017, EPA conducted an inspection of the Wyalusing Facility to determine compliance with 40 C.F.R. Part 68.
On August 1, 2017, Respondent reported to the National Response Center (“NRC”) that beginning at or around 2:00 a.m, that day, an estimated 33 pounds of ammonia had been released from the Hazleton Facility and stated that “the root cause of the incident was a failed o-ring … .”
On August 4, 2017, Respondent reported to the NRC that beginning at or around 7:30 a.m. that day, an estimated 71 pounds of ammonia had been released from the Hazleton Facility and stated that the root cause of the incident was “a potential failure of a PRV.”
According to Respondent’s RMP for the Wyalusing Facility, anhydrous ammonia, has been present in its ammonia refrigeration system at the Wyalusing Facility since at least 1999. The Chemical Accident Prevention Provisions require an owner or operator to comply with process safety information requirements at 40 C.F.R. § 68.65(d)(1)(vi) and (d)(2), i.e .. to compile process safety information pertaining to design codes and standards relevant to the equipment and to document that the equipment in the process complies with recognized and generally accepted good engineering practices.
Recognized and generally accepted good engineering practices for mechanical refrigeration systems using anhydrous ammonia include, but are not limited to, standards of the American National Standards Institute (ANSI), the American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE), and the International Institute of Ammonia Refrigeration (IIAR).
Based on information collected by EPA during the Wyalusing Inspection, EPA determined that Respondent did not follow the Regulations, including ensuring that its anhydrous ammonia refrigeration equipment complies with recognized and generally accepted good engineering practices and complying with training, mechanical integrity, compliance audit, and incident investigation requirements, as follows:
a. Section 68.65(d)(1)(iv) of the Regulations requires that the owner or operator has information pertaining to the equipment in the process. including the relief system design and the basis of the design. 40 C.F.R. § 68.65(d)(l)(iv).
Respondent did not have information regarding the initial design of the relief system, which was designed prior to Respondent’s acquisition of the Wyalusing Facility. Respondent conducted a relief study in 2010, but the implementation of the design was halted.
Since the Wyalusing Inspection, Respondent has begun re-designing the relief system for the ammonia refrigeration system to achieve the protections provided by IIAR-2, American National Standard/or Safe Design o/Closed-Circuit Ammonia Refrigeration Systems (2014);
b. EPA Section 68.65( d)(2) of the Regulations requires that owners or operators comply with recognized and generally accepted good engineering practices. Section 8.11.2.1 of ANSI/ASHRAE 15, Safety Standard for Refrigeration Systems (2008) requires that each machinery room contain a detector in an area where a refrigerant from a leak will concentrate that actuates an alarm and mechanical ventilation in accordance with Section 8.11.4 therein at a value not greater than the corresponding toxicity measure consistent therewith (also known as the Threshold Limit Value-Time-Weighted Average or TLV-TWA). The alarm shall annunciate visual and audible alarms inside the refrigerating machinery room and outside each entrance to the refrigerating machinery room. These alarms shall be manual reset type with the reset located inside the refrigerating machinery room. The meaning of each alarm shall be clearly marked by signage near the annunciators. This safety standard parallels an earlier industry guidance document, IIAR Bulletin 111, Ammonia Machinery Room Ventilation (June 2002), which states “Alarms should annunciate visual and audible alarms inside the machinery room and outside each entrance to the machinery room.”
Respondent did not have any audible and visual alarms outside each entrance to the Plant 1 refrigerating machinery room at the Wyalusing Facility.
Since the Wyalusing Inspection, Respondent has implemented a project to upgrade and replace the refrigeration controls, including detection with audio and visual alarms for the interior and exterior of the machinery room, and to install appropriate signage.
c. Section 68.71(c) of the Regulations requires that the owner or operator ascertain that each employee involved in operating a process has received and understood applicable training, and shall prepare a record which contains the identity of the employee, the date of training, and the means used to verify that the employee understood the training. 40 C.F.R. § 68.71(c).
At the time of the Wyalusing Inspection, Respondent had not completed records documenting the completion of initial training for each of its refrigeration system operators and that each such operator received and understood applicable training at the Wyalusing Facility.
After the Wyalusing Inspection, Respondent updated its training matrix coversheets to reflect the training undertaken by each operator;
d. Section 68.73(e) of the Regulations requires that owners or operators correct deficiencies in equipment that are outside acceptable limits as defined by the process safety information in 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. 40 C.F.R. § 68.73(e).
In addition, 40 C.F.R. § 68.79(d) requires that owners or operators undertake an appropriate response to each of the findings of a compliance audit and document that deficiencies have been corrected. The 2015 5-Year Mechanical Integrity Audit for the Wyalusing Facility noted multiple action items that, at the time of the Wyalusing Inspection, had not been corrected; the 2015 Compliance Audit for the Wyalusing Facility similarly identified action items that have not been addressed. The items include, but are not limited to:
- Separate action items from the 20 I 0 5-Year Mechanical Integrity Audit that had not been resolved; and
- Failing 0-Rings in valves; and
e. Section 68.81(e) of the Regulations requires that owners or operators establish a system to promptly address and resolve all incident report findings and recommendations and that resolutions and corrective actions be documented. 40 C.F.R. § 68.81 (e).
At the time of the Wyalusing Inspection, Respondent had not established a system to promptly address and resolve incident report findings and recommendations at the Wyalusing Facility. At the Wyalusing Inspection, EPA inspectors reviewed a recent incident/nuisance release report that identified the cause of a release to be an outdated pressure relief valve.
After the Wyalusing Inspection, Respondent corrected the Wyalusing Facility’s Standard Operating Procedures to ensure that outdated valves were not used.
EPA inspectors also observed at the Wyalusing Facility that a flex hose was present at the outlet discharge from the pressure relief valve for the ammonia refrigeration system. EPA is concerned that the use of the flex hose is inconsistent with industry codes, and that the flex hose has too low a pressure rating for the system.
FINDINGS OF VIOLATION
Based on information available to EPA, including information gathered during the Inspection performed by EPA at the Wyalusing Facility, and the findings of Fact and Conclusions of Law set forth above, EPA has determined that Respondent violated Section 11 2(r)(7), 42 U.S.C. § 7412(r)(7), and 40 C.F.R. Part 68, with respect its storage and handling of anhydrous ammonia in the refrigeration system at the Wyalusing Facility, as detailed above.
ORDER
EPA hereby issues this Order to Respondent under the authority of Section 113(a)(3)(8) of the CAA, 42 U.S.C. § 7413(a)(3)(B), to address the outstanding violations of the Chemical Accident Prevention Provisions alleged in Section TV, Findings of Fact and Section V, Conclusions of Law. Respondent neither admits nor denies the Findings of Fact and Conclusions of Law stated above, and will not contest EPA’s authority to enforce provisions of this Order. However. Respondent agrees to undertake the actions and provide the information specified below.
Respondent shall undertake the following requirements (“Work”):
a. Within ninety (90) days of the Effective Date of this Order, Respondent shall conduct an assessment of the anhydrous ammonia refrigeration system at the Wyalusing Facility, including exhaust ventilation and relief vent lines, with particular attention to the deficiencies identified in Paragraph 28, to determine if the system meets all appropriate codes, protocols, and standards. With respect to the flex hose issues described in Paragraph 29, above, the Assessment will entail a consultation with IIAR representatives to determine whether the existing configuration conforms to industry standards, and, if not, what changes are necessary to ensure conformance with industry standards.
b. Within ninety (90) days of the Effective Date of this Order, Respondent shall conduct an assessment of the anhydrous ammonia refrigeration system at the Hazleton Facility, including exhaust ventilation and relief vent lines, with particular attention to the deficiencies identified in Paragraph 28, to determine if the system meets all appropriate codes. protocols, and standards.
c. The assessments required by subparagraphs a. and b., above, shall include recommendations regarding safety and release prevention improvements, in accordance with the Regulations and current appropriate codes, protocols and standards, including, but not limited to, the IIAR, ANSI, ASHRAE, American Society of Mechanical Engineers (ASME) protocols and standards, EPA CEPP Alert #550-F-01-009 (Hazards of Ammonia Releases at Ammonia Refrigeration Facilities) and equipment manufacturers recommendations;
d. Within thirty (30) days after completing each assessment required by subparagraphs a. and b., above, Respondent shall submit to EPA a report that shall include the findings of the assessment performed, above, certified by the ammonia refrigeration professional(s) or consultant(s) who conducted the assessment, which shall include a list of any safety and/or release prevention improvements necessary to ensure compliance with the Regulations and all appropriate codes, protocols and standards (hereinafter, the “Wyalusing Assessment Report” and the “Hazleton Assessment Report”).
e. Together with both the Wyalusing Assessment Report and the Hazleton Assessment Report, Respondent shall submit to EPA a workplan and schedule for the performance of improvements listed in the particular Assessment Report (“Workplan and Schedule”). The Workplan and Schedule for the Wyalusing Facility must ensure that the actions necessary to ensure compliance with the Regulations and all appropriate codes, protocols and standards shall be completed within one hundred and fifty (150) days of the Effective Date of this Order. The Workplan and Schedule for the Hazleton Facility must ensure that the actions necessary to ensure compliance with the Regulations and all appropriate codes, protocols and standards shall be completed within one-hundred and eighty (180) days of the Effective Date of this Order.
f. EPA will review each Workplan and Schedule submitted pursuant to subparagraph 39.e., and will either accept it or direct Respondent to make changes and resubmit the document within thirty (30) days;
g. Within seven (7) days of receipt of EPA’s written acceptance of each Workplan and Schedule, submitted pursuant to subparagraph 39.e., Respondent shall initiate implementation of the EPA-accepted Workplan and complete the Workplan in accordance with the EPA-accepted Schedule;
h. Within thirty (30) days after completing the Work required by subparagraph 39.g. at the Wyalusing Facility and the Hazleton Facility, Respondent shall submit to EPA, for EPA’s acceptance, a written report verifying that Respondent has complied with the requirements of subparagraph 39.g at the particular facility (“Completion Report”). Each Completion Report, with the following certification, shall be signed by a responsible official of Respondent, as such term is defined in paragraph 40, below:
I certify under penalty of law that I have examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility offines and imprisonment.
i. EPA will review each Completion Report submitted pursuant to subparagraph 39.h, above, and will either approve it in writing or identify deficiencies in writing (“Notice of Work Deficiencies”) and direct Respondent to correct and/or re-perform any or all Work disapproved by EPA and resubmit the report for EPA approval within thirty (30) days of receiving the Notice of Work Deficiencies associated with each Completion Report.
Any notice, report, plan, certification, data presentation or other document submitted by Respondent under or pursuant to this Order which discusses, describes, demonstrates or supports any finding or makes any representation concerning Respondent’s compliance or non-compliance with any requirement(s) of this Order shall be certified by a responsible official of said Respondent. The term “responsible official” means: (i) the president, secretary or vice-president of the corporation in charge of principal business function, or any other person who performs similar policy- or decision-making functions for the corporation, or (ii) the manager of one or more manufacturing facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. The responsible official of a partnership or sole proprietorship means the general partners or the proprietor, respectively.
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