Respondent owns and operates a soft drink manufacturing facility where it manufactures soft drinks and fills various can sizes and bottles for consumption. As a part of its manufacturing operations, the Facility utilizes a refrigeration cooling system, Ammonia is the refrigerant in the cooling system. The cooling system is used to lower the temperature at which product is canned and bottled. On May 12, 2016, at approximately 7 p.m. Respondent’s Line 1 Filler Operator smelled ammonia. The Facility was evacuated. An internal investigation revealed that a valve within the can line ammonia system failed, resulting in a release of ammonia to the atmosphere. As a result of this incident, other issues were identified, including, among other things, shut off valves could not be identified due to improper labeling.
Pursuant to section 112(r)(1) of the CAA, an owner/operator of a stationary source producing, processing, handling or storing substances listed pursuant to section 112(r)(3) of the CAA, or any other extremely hazardous substance, has a general duty to:
- identify hazards which may result from accidental releases of such substances using appropriate hazard assessment techniques;
- design and maintain a safe facility, taking such steps as are necessary to prevent releases; and
- minimize the consequences of accidental releases that do occur.
The release of anhydrous ammonia at the Facility on May 12, 2016, constituted an “accidental release” as that term is defined by section 112(r)(2)(A) of the CAA.
Prior to the release of ammonia that occurred on May 12, 2016, Respondent failed to identify shut-off valves with appropriate and correct tags.
Respondent’s failure constitutes a violation of the general duty clause in section 112(r)(1) of the CAA.
CIVIL PENALTY
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 (if any), the economic benefit of noncompliance, and the seriousness of the violation, as well as other factors which justice may require, EPA and Respondent agree that an appropriate penalty to settle this matter is $35,631.
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