National Ice Cream Manufacturer Agrees to Pay Penalty for Clean Air Act Violations and Audit the Safety of Six Facilities Nationwide
BOSTON (Nov. 27, 2023) – HP Hood LLC, a national ice cream manufacturer, agreed to pay a penalty of $115,849 to settle claims by the U.S. Environmental Protection Agency that it violated federal laws regulating the handling and storage of ammonia at its facility in Suffield, Conn. As part of the settlement, the company has also agreed to complete system safety audits of its six facilities nationwide that have requirements under the risk management program (RMP) regulation.
"When a company falls short in meeting its safety obligations, it puts workers, local communities, and the environment at risk. With the company operating facilities across the country, we have a duty to call out a lack of accountability when we see it," said EPA New England Regional Administrator David W. Cash. "Ensuring safety and management practices of hazardous substances is key. We are dedicated to our core mission of protecting all communities, specifically focusing on mitigating environmental pollution and minimizing risks. This case serves as a reminder to companies that accountability and compliance is important. Chemical accident planning, prevention, and mitigation requirements, are all steps we make certain of, in order to keep New England safe."
An EPA inspection of HP Hood LLC facilities in Suffield, Conn revealed that HP Hood failed to document that its ammonia refrigeration equipment complied with recognized and generally applicable good engineering practices in violation of the Clean Air Act. This included issues like missing ammonia alarms, inadequate labeling of critical equipment, and failure to adhere to engineering best practices in equipment installation.
In addition, HP Hood failed to comply with the mechanical integrity requirements of the Clean Air Act's chemical accident prevention regulations by allegedly failing to sufficiently conduct piping inspections. Instances of damaged pipe insulation with potential safety risks and a minor anhydrous ammonia leak from a valve were documented. These findings highlighted the need for improved safety measures and adherence to industry standards at this facility, and at the other five HP Hood LLC facilities with risk management plan (RMP) requirements nationwide. As result, EPA negotiated with HP Hood LLC to pay a penalty, as well as create a schedule for conducting system safety audits at its six RMP facilities nationwide.
The penalty also includes a separate EPA assessment regarding a recent ammonia release from this company, caused by a forklift impact. Impacts to equipment have caused several accidents at facilities owned by other companies located in New England. As a result of EPA's action, HP Hood LLC has brought its facility in Suffield, Conn., into compliance to correct the conditions found during the inspection. In addition, the company must take steps to protect pipes in the machinery room from future forklift impacts.
Background
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.
The Clean Air Act Risk Management Program (RMP) Rule regulations require facilities that use regulated toxic and/or flammable substances to develop a risk management plan that identifies the potential effects of a chemical accident, identifies steps a facility is taking to prevent an accident, and spells out emergency response procedures should an accident occur. These plans provide valuable information to local fire, police, and emergency response personnel to prepare for, and respond to, chemical emergencies in their community.
EPA has found that many regulated facilities are not adequately managing the risks that they pose or ensuring the safety of their facilities in a way that is sufficient to protect surrounding communities. Approximately 150 catastrophic accidents occur per year at regulated facilities. These accidents result in fatalities, injuries, significant property damage, evacuations, sheltering in place, or environmental damage. Many more accidents with lesser effects also occur, demonstrating a clear risk posed by these facilities. Reducing risks from accidental releases of hazardous substances at industrial and chemical facilities is a top priority for EPA, which identified this goal as one of its National Enforcement Compliance Initiatives.
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