This week EPA announced a MAJOR RMP settlement agreement with one of the nation’s largest Ammonia distributors. This settlement agreement is HUGE in that it requires the company to install fixed Ammonia detectors at 14 different facilities in 12 states and over 2 EPA regions. These detectors are direct wired to the local FD, and not sure how, but surrounding neighbors will also be notified of a leak via these new detectors.
The concern EPA had with these facilities is they are primarily UNSTAFFED. Company personnel were only on-site during loading and unloading of NH3. We sometimes forget that EPA’s RMP is in place to protect people OFF SITE and OSHA’s PSM is in place to protect workers ON SITE. EPA also had issues with the fact the business had not coordinated emergency response plans with local emergency officials. Below is a summary of the EPA News Release. I have deleted the company’s name, as it does not matter in this case. They are one of the largest NH3 handlers in the USA, but they had another SIGNIFICANT OFF-SITE INCIDENT in 2009 when a member of the community was killed when she lost control of her car as she drove through a NH3 cloud that was released from the company’s facility in SC. Personnel were on site for that incident, but a hose broke during a transfer and released 1,800 gallons (more than 10,000 pounds). The cloud drifted across a state highway next to the facility where the young lady died. Not sure if this 2009 incident played a role in this recent settlement agreement, but the company did have a history of off-site impacts.
The question has to be asked… is EPA setting an expectation for “staffing” at RMP-covered facilities?
The ammonia refrigeration industry has hundreds, if not thousands, of cold storage facilities that run un-staffed for extended periods of time. Many of these facilities are located near residential areas, so will EPA be using this settlement agreement as a precedent to drive these facilities to either provide staffing around the clock or install detectors?
Here is the summary of the EPA release…
A national company that distributes ammonia has agreed to install and operate $345,000 in ammonia leak detection systems at 14 facilities across the country to settle claims by EPA that it violated federal clean air regulations on chemical risk management at plants in Rhode Island and Michigan. While the business did take some actions to address the risks of an accidental release of ammonia at its facility in Rhode Island, it failed to address the risk associated with the fact that its facility is not staffed except when ammonia is being received or distributed there. EPA also alleged that the company failed to coordinate adequate emergency response plans with local emergency response agencies to ensure that the public would be protected in the event of a release of ammonia. The new ammonia leak detectors the company agreed to install and operate will alert residents in surrounding communities of accidental releases of ammonia. Alarm signals will also be sent to emergency response personnel so that they may address accidental ammonia releases.
This week’s agreement involved two separate settlements with EPA regional offices. In a settlement with EPA New England, the company agreed to install and operate ammonia leak detection systems at six facilities: Butner, N.C.; East Providence, R.I.; Tamaqua, Penn; Philadelphia, Penn.; New Castle, Penn.; and Natalbany, La. The company also agreed to a $28,350 penalty to settle claims of violating the Clear Air Act at its Rhode Island plant. In a separate settlement with EPA’s Region 5 office in Chicago, the company agreed to install and operate detectors at eight other facilities: Lincoln, Ala.; Inkster, Mich.; Belvidere, Ill.; Council Bluffs, Iowa; Neosho, Mo.; Morgantown, W.Va.; Mount Hope, W.Va.; and Fayetteville, N.C. This settlement also requires the company to pay a penalty of $28,350 for violating the Clean Air Act at its Inkster, Michigan plant. Like the East Providence facility, the Inkster plant was only staffed at limited times and failed to coordinate adequate emergency response plans with local agencies to ensure that the public would be protected in the event of a release of ammonia.
The company’s East Providence R.I. facility is about a tenth of a mile from a residential neighborhood, and even closer to other public businesses. The way the facility was operating, according to EPA New England, if an ammonia leak occurred when the facility was un-staffed, a cloud of ammonia gas could have reached surrounding populated areas before emergency responders or neighbors detected it.
Here are the details of the settlement agreement:
The Respondent agrees to install an ammonia leak detection system that provides continuous leak detection monitoring of the ammonia transfer and storage areas at each of thefollowing Tanner Industries facilities: Lincoln, Alabama; Inkster, Michigan; Belvidere, Illinois; Council Bluffs, Iowa; Neosho, Missouri; Morgantown, West Virginia; Mount Hope, West Virginia; and Fayetteville, North Carolina. PLEASE NOTE that a seperate and very similar agreement was issued for NC, RI, LA, and PA facilities.
At a minimum, each ammonia leak detection system shall be comprised of the following equipment and shall be installed, operated, and maintained as follows:
- each system shall include a series of electrochemical type sensors working in conjunction with a multichannel monitoring station providing continuous monitoring for ammonia vapors, along with all necessary control panels, annunciator panels, power supplies, auto dialers, etc., needed for the operation of each system. Respondent shall work with the appropriate local authorities, e.g., the LEPC and/or fire department, to establish appropriate detection thresholds which would cause the ammonia leak detection system to emit an ammonia alarm alerts and alarm signals, but, in no case shall such limits be set at greater than 25 to 50 parts per million for alarm alerts and 230 to 250 parts per million for alarm signals. Whenever an ammonia alarm or alert signal is generated, an on-site warning strobe light and a warning horn or siren shall be activated;
- each ammonia leak detection system shall include an emergency power backup system in the event of power loss to a facility;
- each ammonia leak detection systems shall be supported by routine maintenance and calibration schedules; and
- all ammonia alert and ammonia alarm signals shall be monitored 24 hours a day and seven days a week under one of the following four approaches:
- alert and alarm signals shall be continuously monitored by an external manned third party alarm agency. The alarm agency shall follow a defined hierarchy protocol for immediate notification of site personnel, facility management, and local emergency responders;
- all alert and alarm signals shall be continuously monitored by an automatic dialing system programmed to provide immediate voice phone call notification to a predetermined call list. In the event of an alarm signal, the call list shall include, at a minimum, local emergency response personnel. The automatic dialing system shall continue to provide voice phone call notifications until a security code is entered to terminate the calls;
- a combination of third-party monitoring and automatic dialing notifications, i.e., a combination of the specific requirements set forth in subparagraphs (a) and (b), above, shall monitor ammonia alerts and alarms; or
- such other monitoring protocols as may be required by the local authority, but in no case shall the monitoring protocols be less stringent than the requirements contained in subparagraphs (a) through (c), above.
- Upon installation of the ammonia leak detection systems and their associated alarming systems, “the business” shall coordinate with the appropriate local authorities, e.g., the LEPC and/or fire department, to ensure that they are the familiar with the warning and alarm systems installed and the appropriate protective actions to take in the event the alarms are triggered by an ammonia leak. “The business” shall also ensure that procedures are established that provide reliable and timely notification by the facility emergency coordinators and/or the community emergency coordinator to persons designated in the emergency plan that a release has occurred, and that appropriate protective actions, such as shelter-in-place or evacuation, should be taken. “The business”must also conduct adequate outreach and training about the animonia leak detection systems in order that emergency responders understand the meaning of the on-site warning strobe light and warning horn or siren, if they are activated.
- Beginning within thirty (30) days after the effective date of this CAFO, Respondent shall commence installation of the ammonia leak detection systems, as described above, at one or more of the facilities identified above. On or before April 1, 2013, Respondent shall have completed installation of the ammonia leak detection systems, as described above, at each of the listed transfer facilities. Upon completion of the installation of an ammonia leak detection system at any of individual facilities, Respondent shall commence and continue operation of such system at that facility. Prior to installation and operation of an ammonia leak detection system at a particular facility, Respondent agrees to undertake reasonable efforts to implement an adequate procedure for notifying the local emergency response personnel of an ammonia leak from the facility.
- As part of this settlement Respondent agrees to operate and maintain the ammonia leak detection system at each transfer facility listed above.
- The total capital cost of the ammonia leak detection equipment for the specified transfer facilities is estimated to total $70,235.00. The total installation cost of the ammonia leak detection equipment for the specified transfer facilities is estimated to total $67,025.00. Accordingly, the total of the capital cost and installation cost of the ammonia leak detection system for the facilities identified in Paragraph 53 is $137,260.00. The total cost of operating and maintaining the ammonia leak detection equipment for the specified transfer facilities for a one year period is estimated to total $18,904.00. Respondent must spend at least $175,068.00 on the ammonia leak detection systems described above. For purposes of accounting only, the $175,068.00 includes the capital and installation costs identified above in this Paragraph and the costs associated with two years of operation and maintenance of the ammonia leak detection systems.
- U.S. EPA may inspect the ammonia transfer facilities listed above at any time to monitor Respondent’s compliance with this CAFO’s Work requirements.
- Respondent must maintain copies of the underlying research and data, if any, for all reports submitted to U.S. EPA according to this CAFO. Respondent must provide the documentation of any underlying research and data, if any, to U.S. EPA within seven days of U.S. EPA’s request for the information.
- The Respondent shall submit an ammonia leak detection system Construction Completion Report to U.S. EPA by June 1, 2013. The Construction Completion Report shall contain the following information:
- a description of the ammonia leak detection system as built and as installed at each ammonia transfer facility;
- copies of all operating plans, operating protocols, or manuals for each ammonia leak detection system, including copies of the operating and maintenance plans, for each of the ammonia transfer facilities listed above;
- itemized costs of goods and services used to complete the Work, documented by copies of invoices, purchase orders, or canceled checks that specifically identify and itemize the individual costs of the goods and services; and
- certification that Respondent has completed the construction and installation Work in compliance with this CAFO.
- Within 30 days after the end of the two (2) year period that commences after Respondent completes installation and makes operational the last ammonia leak detection system (in no case shall this two year period commence later than on April 1, 2013), Respondent shall submit an ammonia leak detection system Operation and Maintenance Report to U.S. EPA. The Operation and Maintenance Report shall contain the following information:
- a description of the operation and maintenance of the ammonia leak detection system built and installed at each ammonia transfer facility;
- a description of all ammonia leak detection system operating problems(e.g., problems with the operation of warning lights or sirens; functionality of the phone tree; problems is giving required notices) and the actions taken to correct the problems at each of the ammonia transfer facilities listed above;
- itemized costs of goods and services used to complete the Work, documented by copies of invoices, purchase orders, or canceled checks not previously submitted to U.S. EPA as part of the Construction Completion Report, that specifically identify and itemize the individual costs of the goods and services; and
- certification that Respondent has completed the Work in compliance with this CAFO.