EPA settles with two Rhode Island companies for Clean Air Act violations
Cranston and North Kingstown, R.I. ammonia refrigeration facilities to pay penalties and evaluate hazards
BOSTON (Dec 18, 2023) – Two Rhode Island-based facilities have agreed to pay penalties to settle claims by the U.S. Environmental Protection Agency (EPA) that they violated federal laws regulating the handling of ammonia at their facilities in Cranston and North Kingstown, R.I. One company agreed to conduct audits at 14 facilities to determine whether their systems meet minimum safety requirements while the other company agreed to evaluate potential risks associated with its location in a hurricane evacuation zone. Anhydrous ammonia is an efficient refrigerant, but managing its use requires care due to the chemical's toxicity.
"EPA's actions underscore the paramount importance of safely managing hazardous substances like anhydrous ammonia. When companies fail to adhere to safety obligations, it jeopardizes safety in our communities, including those historically overburdened by pollution and exposure to harmful chemicals," said EPA New England Regional Administrator David W. Cash. "EPA's mission is rooted in safeguarding all communities from pollution, including chemical releases. These cases vividly illustrate the critical necessity of complying with chemical accident planning, prevention, and mitigation requirements. This is even more critical with the changing climate and the increased vulnerabilities associated with facilities situated in populated or hurricane-prone areas."
Bottling Group, LLC, operating as Pepsi Beverages Company, and CB Manufacturing Company, Inc, a beverage manufacturing and storage company, have agreed to pay a penalty of $96,852 to settle EPA claims that they violated federal laws regulating the handling of ammonia at their facility in Cranston, R.I. The companies have also agreed to conduct audits at the Cranston facility and at 13 other ammonia refrigeration facilities in the corporate family to ensure compliance with minimum safety requirements.
Seafreeze Limited, a fish processing and cold storage company, has agreed to pay a penalty of $122,622 to settle claims by the EPA that it violated federal laws regulating the handling of ammonia at its facility in North Kingstown, R.I. The company has also agreed to update its process hazard review by Feb. 1, 2024, to evaluate potential risks associated with its location in a hurricane evacuation zone.
The Pepsi facility in Cranston, which uses approximately 5,800 pounds of anhydrous ammonia in its refrigeration system, is located in a mixed-use area in two buildings having a combined square footage of 220,000. The manufacturing and warehousing operations run 24 hours a day, six days a week. Within a mile of the facility are numerous residences, a hospital, a prison, several state office buildings, and numerous commercial operations (e.g., a yoga studio, floral distributor, and a plumbing distributor).
During an inspection of the facility, several violations were observed that would fail to minimize the consequences of an accidental release, including inadequate ammonia release alarms inside and outside of the ammonia refrigeration machinery rooms (AMR), no emergency ventilation override switches outside or adjacent to the AMR, pressure release valves discharging horizontally or downwards, putting people at risk of being sprayed with ammonia, and no eyewash and safety showers outside the primary entrance to the AMR.
Seafreeze Limited, which uses approximately 8,700 pounds of anhydrous ammonia in its refrigeration system in North Kingstown, is located immediately adjacent to Narragansett Bay. It is also approximately one-third of a mile from several marinas, one mile from a few homes, and 1.5 miles from an elementary school, a residential neighborhood, and a small airport.
Over the course of six months, Seafreeze experienced what are considered three small releases due to cracks and leaks on facility equipment, all below the reportable quantity of 100 lbs. Following the releases, EPA conducted an inspection of Seafreeze's facility and subsequently notified Seafreeze of the alleged violations under the Clean Air Act: a failure to design and maintain a safe facility, and to minimize consequences of accidental releases that do occur. The company was cooperative and agreed to take the necessary steps to bring its facility into compliance with the Clean Air Act, as well as update its process hazard review to take into consideration its location within a hurricane evacuation zone.
Background
The goal of Section 112(r) of the Clean Air Act is to prevent accidental releases of substances that can cause serious harm to the public and the environment from short-term exposures and to mitigate the severity of releases that do occur. Anhydrous ammonia is an efficient refrigerant with low global warming potential, but it must be handled with care because it is highly corrosive to the skin, eyes, and lungs. Exposure to 300 parts per million is immediately dangerous to life and health. Ammonia is also flammable at certain concentrations and can explode if it is released in an enclosed space with a source of ignition present, or if a vessel containing anhydrous ammonia is exposed to fire.
Steps required under the Clean Air Act's General Duty Clause help prevent accidental releases of extremely hazardous substances and reduce the severity of releases that do occur. Failure of a facility to identify hazards, design and maintain a safe facility, and take steps to limit and mitigate the harm from accidental releases of extremely hazardous substances puts the local population and environment at risk.
More information:
- General Duty Clause Fact Sheet
- EPA information on the General Duty Clause requirements of Section 112(r) of the Clean Air Act
- Overview of Emergency Planning and Community Right-to-Know Act and reporting requirements
EPCRA Quick Reference Fact Sheet(pdf)
Guide to EPCRA (pdf) - EPA information on Compliance Assistance Tools and Resources for the Ammonia Refrigeration Sector (pdf)
- EPA information on key safety measures for ammonia refrigeration systems