Respondent produces meat and protein products for sale by third-party customers. As part of this process, Respondent uses anhydrous ammonia in a chill tank to prepare and preserve the products. Ammonia is a regulated substance listed in Table 1 to 40 CFR § 68.130. On the evening of January 15, 2016, after the Facility had closed its operations, a worker employed by a sanitizing equipment was sanitizing a chill tank in the Chill Tank Room within the Cooked Food Department (a.k.a., the Ready-to-Eat or “RTE” Department). The sanitation contract worker was the only person in the Chill Tank Room. The chill tank has a drain valve that can be manually opened or closed by turning its handle several times counterclockwise or clockwise (a.k.a. Oil Drain Valve). The sanitation contract worker did not have authority to open the Oil Drain Valve and had not been instructed to do so. Although Worker denies opening the Oil Drain Valve, no one else had access to the Chill Tank Room at the time. It is believed that the sanitation contract worker mistakenly opened the Oil Drain Valve. When the valve was opened, ammonia was released at approximately 9:30 p.m.
The sanitation contract worker immediately left the Chill Tank Room without suffering injury and alerted an employee of Respondent. The immediate area and then the Facility was evacuated. Respondent’s employees notified the company’s ammonia technician, who arrived on site, performed a safety assessment, and shut down the refrigeration system at approximately 10:05 p.m. (35 minutes later), using the emergency stop switch located outside the building. Subsequently, the remaining chemical was drained from the Chill Tank pipes, the area was vented of ammonia, and an employee of Respondent entered the Facility, while wearing proper personal protective equipment, and closed the Oil Drain Valve.
Respondent calculated an estimated total release of 453.6 pounds of ammonia.
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
Respondent’s failure to physically secure the closure of and prevent the inadvertent opening of the Oil Drain Valve in the Chill Tank Room constitutes a violation of the general duty clause in section 112(r)(1) of the CAA. No injunctive or further remedial action is required as Respondent has removed the Chill Tank and Oil Drain Valve from the Facility, and Respondent is not operating the Facility.
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, 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 $30,000.
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