At all relevant times, Respondent owned and operated a refrigerated food distribution warehouse with an ammonia refrigerant system which contains approximately 9,617 pounds of ammonia. EPA inspected the facility on August 9, 2018. Prior to the August 9, 2018, inspection, Respondent had not performed a hazard analysis nor developed standard operating procedures for the ammonia refrigerant system.
ALLEGED VIOLATIONS
Failure to Identify Hazards Which Result from Accidental Releases of Ammonia
Pursuant to the General Duty Clause, Section 112(r)(1) of the Act, Respondent had a duty to identify hazards which may result from accidental releases of extremely hazardous substances such as ammonia, using appropriate hazard assessment techniques.
Respondent failed to identify hazards by not developing a hazard analysis for the ammonia refrigerant system prior to the operation of the ammonia refrigerant system.
Respondent’s failure to identify hazards associated with the ammonia refrigerant system is a violation of the General Duty Clause under Section 112(r)(1) of the Act.
Failure to Design and Maintain a Safe Facility Taking Necessary Steps to Prevent Accidental Releases of Ammonia
Pursuant to the General Duty Clause, Section 112(r)(1) of the Act, Respondent had a duty to design and maintain a safe facility taking such steps as are necessary to prevent releases.
Respondent failed to design and maintain a safe facility by not developing written procedures for the operation of the ammonia refrigerant system.
Respondent’s failure to design and maintain a safe facility by not developing operating procedures for the ammonia refrigerant system is a violation of the General Duty Clause under Section 112(r)(1) of the Act.
Steps Taken by Respondent to Achieve Compliance
Respondent prepared a process hazard analysis of the ammonia refrigerant system and submitted it to the EPA on August 15, 2019.
Respondent prepared written procedures for the operation of the ammonia refrigerant system and submitted them to the EPA on October 1, 2019.
TERMS OF PAYMENT
Respondent consents to the payment of a civil penalty, which was calculated in accordance with the Act, in the amount of $101,890.
CLICK HERE for the CAFO