Respondent operates a seafood processing and distribution facility in New Bedford, Massachusetts that uses anhydrous ammonia in a refrigeration “process” as defined by 40 C.F.R. § 68.3, in a series of interconnected pipes and vessels at the Facility (the “Process”).
According to the respondent’s 2012, 2013, 2014, 2015, and 2016 Reporting Year Tier II reports, the facility maintained an average daily inventory of 28,000 lbs. of anhydrous ammonia on site in its two (2) refrigeration systems. Accordingly, the anhydrous ammonia Process at the Facility is a “covered process” subject to the RMP provisions of Part 68. The endpoint for a worst-case release of the amount of anhydrous ammonia used in the process is greater than the distance to a public receptor. Additionally, the Process is subject to OSHA’s PSM requirements at 29 C.F.R. § 1910.119 because it uses anhydrous ammonia in an amount over the threshold quantity of 10,000 pounds. Therefore, in accordance with 40 C.F.R. § 68.10, Respondent’s use, storage, and handling of anhydrous ammonia in the Process is subject to the requirements of RMP Program 3.
EPA visited the Facility (the “Inspection”) and reviewed documents to assess compliance with Part 68.
The complainant alleges the following violations of Part 68.