As we await word of any regulatory action stemming from the catastrophic release of Anhydrous Ammonia from a truck unloading incident in Stewardson, IL, in April 2016, I did come across an interesting tidbit that I feel should be shouted from the mountain tops. So often, one side of our profession decries OSHA and EPA’s enforcement actions while the other side applauds them; however, one item of concern for me personally is the “negotiation down” of fines. My friends in OSHA and EPA constantly remind me that these negotiations are an attempt to make a difference in safety rather than just to collect $. In this case, it appears that EPA’s SEP with this business may have prevented even a more significant release.
In December 2015, EPA and the business entered into an agreement that would require the business to install “remotely operated emergency shutdown systems” at five (5) of their locations – one of these being the facility where the unloading accident occurred in April 2016. Now, to be 100% honest, I am not certain that this ESD system had been installed and functioning at the time of this incident, as the incident occurred before the SEP implementation deadline. What I am sure of is that the facility did NOT lose any NH3 in the event. However, the fact remains that EPA’s SEP for this business was actually a targeted effort to prevent another Seward, IL-type incident. The business spent over $50,000 on the SEP, and the EPA reduced its penalty from $27,200 to $6,800 for accepting the SEP. In my opinion, this was $ well spent rather than going to D.C. coffers!
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