Respondent’s facility is a poultry processing facility and uses 145,000 pounds of ammonia (anhydrous) as part of its covered process. On March 26, 2016, at approximately 8:05.p.m., the refrigeration staff received an odor complaint. Upon inspection, they discovered a pressure release valve (PRV) released prematurely on the marination tanks located on the roof. The staff proceeded to close off the liquid ammonia feed to the tanks by using the liquid feed isolation valve and switched the feed to another PRV using a three-way valve, thereby ending the release at approximately 8:35 P.M. It was determined that the failed PRV that resulted in the release was previously recalled by the manufacturer on June 21, 2013. Respondent received replacements for all of the recalled PRVs by July 1, 2014. Respondent failed to replace the recalled valve that failed on March 26, 2016.
Respondent calculated a total release of 89 pounds of ammonia (anhydrous) to the ambient air. Pursuant to 40 C.F.R. § 68.73(f)(3), the owner or operator shall assure that maintenance materials, spare parts and equipment are suitable for the process application for which they will be used.
Respondent’s failure to replace the recalled PRV to ensure that the equipment was suitable for the process application constitutes a violation of 40 C.F.R. § 68.73(f)(3).
CIVIL PENALTY AND TERMS OF SETTLEMENT
Taking into consideration the size of the Respondent’s business, the economic impact of the penalty on the Respondent’s business, the Respondent’s full compliance history and good faith efforts to comply, the duration of the violation, payment by Respondent of penalties previously assessed for the same violation, the economic benefit of noncompliance, the seriousness of the violation, and Respondent’s cooperation, as well as other factors which justice may require, EPA and Respondent agree that an appropriate penalty to settle this matter is $40,000.00.
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