Respondent owns and operates a prepared foods processing plant located within one mile of a residential area, an elementary school, a pond, a river, and many businesses. Respondent 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”). In 2020, Respondent filed a Program 3 RMP for the Process and reported that it used 21,000 pounds of anhydrous ammonia. In its 2023 Tier II report, Respondent reported using 38,946 pounds of daily anhydrous ammonia. 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(a)–(d), 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 on November 15, 2022 (the “Inspection”) and reviewed documents to assess Respondent’s compliance with Part 68. EPA alleges the following violations of 40 C.F.R. Part 68:
Count 1: Failure to Comply with Safety Information Requirements
As further described in Attachment A, Respondent failed to document that the equipment complied with recognized and generally accepted good engineering practices (“RAGAGEP”) and that equipment designed according to outdated standards was designed, maintained, inspected, tested, and operated in a safe manner.
Specifically, among other things, deficiencies included:
- Missing NFPA diamonds on multiple external entrances to the Facility to indicate the presence of anhydrous ammonia;
- Inadequate bump protection for multiple pieces of process equipment in some areas in the Facility, including ammonia valves and piping and ammonia evaporators in the warehouse areas;
- Emergency ammonia shutdown buttons were secured by lock and key and would not be readily accessible in the event of an incident;
- Improper, inadequate, or missing labeling in some areas in the Facility, as follows:
o Ammonia beacons next to the emergency ammonia panel and next to multiple doors to or from the Ammonia Machinery Room (“AMR”) were not labeled to indicate the reason for alarm;
o The low-pressure receiver vessel containing anhydrous ammonia inside the AMR was not labeled;
o On the roof:
▪ The rooftop pressure relief piping headers were not labeled;
▪ The rooftop condensers were not labeled with confined space signage;
▪ Some ammonia piping did not have labels indicating the contents, direction of flow, and pressure level; and
▪ Some labels that did exist on ammonia piping was faded and illegible. - Some combustible material and open waste oil containers were stored inside the ammonia machine room;
- No eyewash stations were installed inside the ammonia machine room, outside the facility within the fenced-in area containing ammonia equipment, and
- No ammonia system emergency stop button or emergency ventilation switch located next to the primary door to the AMR.
Accordingly, by failing to document that the Process complied with recognized and generally accepted good engineering practices or that equipment designed to older standards was designed, maintained, inspected, and operated in a safe manner, Respondent violated 40 C.F.R. § 68.65(d)(2) and (3) and Section 112(r)(7)(E) of the CAA.
Count 2: Failure to Comply with Program 3 Mechanical Integrity Requirements
As described in Attachment A, Respondent had not maintained the mechanical integrity of the Process equipment by correcting deficiencies that are outside of acceptable limits (as defined by the process safety information in 40 C.F.R. § 68.65) before continuing to use the equipment, or in a safe and timely manner when necessary means are taken to ensure safe operation. Specifically, Respondent failed to correct deficiencies identified in the Process Hazard Analysis as to some of the insulation around ammonia piping in the Facility, which was found to be compromised, allowing biological growth and ice to accumulate on some piping from multiple ammonia vessels, as follows:
- Damaged and missing insulation was observed on some of the ammonia piping connected to the low-pressure receiver in the AMR;
- Heavy ice build-up on an oil pot and ammonia piping near the low-pressure receiver;
- Damaged and missing insulation on some of the ammonia piping on the roof;
and - Frost on some of the ammonia piping on the roof.
Damaged insulation can also allow water intrusion, which can corrode the pipes and vessels.
By failing to comply with the Program 3 mechanical integrity requirements, Respondent violated 40 C.F.R. § 68.73 and Section 112(r)(7)(E) of the CAA for the Process.
Respondent agrees to pay the civil penalty of $68,000
Supplemental Environmental Projects
Respondent shall spend no less than $48,069 on implementing the SEPs. The estimated costs of the SEPs are at least $39,780 for the Victim Decontamination SEP and $8,289 for the Gas Detection Meter SEP. Respondent shall include documentation of the expenditures made in connection with the SEPs.
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