BOSTON - A Chicopee, Mass., company that operates a cold storage warehouse is spending in excess of half a million dollars, primarily on public safety enhancements, to resolve claims it violated the federal Clean Air Act's chemical release prevention requirements in its handling of anhydrous ammonia at the facility.
In an arrangement with the New England office of the E.P.A., Pioneer Valley Refrigerated Warehouse (aka Pioneer Cold) agreed to pay $41,000 in penalties and to spend $322,100 on environmental plans meant to enhance the safety of the surrounding community. The company has already spent in excess of $158,000 to bring its facility into compliance with the Risk Management Plan (RMP) regulations under the Clean Air Act.
The environmental plans are designed to reduce the likelihood of a release of anhydrous ammonia occurring, and to limit the severity of any ammonia release that might occur from Pioneer's facility. The settlement requires Pioneer to upgrade certain refrigeration equipment to a more protective model and to install a computerized control system at the facility. Pioneer Cold will replace 2 ammonia liquid pumps at the facility with hermetically sealed pumps, which nearly eliminates the potential for ammonia delivers from pump failure. The computerized controls will help detect problems earlier, helping to prevent a release and minimizing the consequences of any release that does occur.
The settlement is also designed to enhance emergency planning and response capabilities in the community surrounding the facility. Pioneer Cold will provide emergency response equipment to emergency responders within the City of Chicopee. The equipment includes 2 types of gas detectors, and requires backing for 5 years of calibrating the units. The company will also contract with a consultant to develop and conduct a table-top exercise Plan for company employees and members of the Chicopee Fire Department to discuss their roles during an emergency and their responses to particular emergency scenarios.
The E.P.A. action resulted from a Commonwealth of Massachusetts "Urban Compliance Initiative" and followed a referral from the Massachusetts Dept. of Environment Protection (MassDEP) for concerns outside of state jurisdiction. MassDEP officials joined E.P.A. on the Dec. 2012 inspection on-site at Pioneer. In Jan. 2013 the state issued a $33,718 penalty against Pioneer for failure to notify the state of a release of anhydrous ammonia in Aug. 2008 and for failure to respond to a request for information about that release.
According to the inspection, Pioneer failed to comply with management requirements of the RMP regulations; failed to accurately evaluate off-site consequences in release scenarios; failed to adequately identify, evaluate, and control hazards; failed to comply with safety information, operating procedures, training, mechanical integrity, compliance audit, and contractor requirements; and failed to have an adequate emergency response program.
"Ammonia refrigeration facilities must remain aware of the risks associated with the use of this chemical. While ammonia is an efficient refrigerant with environmental advantages, the associated risks mean that companies need to be certain they are operating safely by carefully following federal and state standards," said Curt Spalding, regional administrator of EPA's New England office.
"I am very pleased by the work done by MassDEP's Western Regional Office as part of our Urban Compliance Initiative, which identified this issue," said MassDEP Commissioner Martin Suuberg. "The enhancements at Pioneer Cold not only ensure compliance at this facility, but it also enhances the city's emergency response capabilities to protect all residents and greatly reduces the risk to residents in the neighborhood of release of anhydrous ammonia."
Facilities operating systems with in excess of 10,000 pounds of anhydrous ammonia are subject to the RMP regulations, while smaller refrigeration systems are subject to the "General Duty Clause" of Section 112(r)(1) of the Clean Air Act.
More information: Clean Air Act Section 112(r) RMP regulations (www.epa.gov/emergencies/content/rmp/index.htm)
