February 16, 2022
Seattle (February 16, 2022) – As part of an EPA national compliance initiative aimed at Reducing Accidental Releases at Industrial and Chemical Facilities, in 2021 the Region 10 office of the U.S. Environmental Protection Agency – which enforces federal environmental laws in Alaska, Idaho, Oregon, and Washington – completed the following 10 enforcement cases for minor, easily correctible violations of the chemical accident prevention provisions of Clean Air Act Section 112r.
These provisions require owners and operators of facilities that manufacture, use, store, or otherwise handle more than a threshold quantity of a listed, regulated chemical to implement a risk management program, and submit a single RMP for all covered processes at the facility. A risk management plan provides important information to emergency responders and planners that includes accurate chemical quantities, emergency contacts, and demonstration of safe operation and maintenance of chemical processes.
Quote from Ed Kowalski, Director of EPA Region 10’s Enforcement and Compliance Assurance Division: “Facilities that store and use hazardous materials have a special obligation to understand and carefully follow regulations designed to protect people, our communities and our environment from potentially catastrophic consequences of accidents.”
Typical 112r violations EPA finds in these types of cases are:
• failure to update required risk management plans,
• failure to conduct compliance audits at least every three years,
• failure to document employee trainings on safe operating procedures, and
• failure to address findings and identify new hazards in its process hazard analysis procedures.
Other, larger cases finalized by the agency have been announced through stand-alone news releases viewable on EPA’s website.
IDAHO
Grove Warehouse, Inc. of Buhl
On August 27, 2021, EPA Region 10 issued an expedited settlement agreement to Cedar Grove Warehouse, Inc. for the company’s failure to update its risk management plan at least every five years as required. The company paid a penalty of $1,200 and returned to compliance.
OREGON
Ajinomoto Toyo Frozen Noodles, Inc. of Portland
On September 29, 2021, EPA Region 10 issued an expedited settlement agreement to Ajinomoto Toyo Frozen Noodles, Inc. for the company’s failure to update its risk management plan at least every five years as required. The company paid a penalty of $1,200 and returned to compliance.
Forrest Paint Company of Eugene
On July 16, 2021, EPA Region 10 issued an expedited settlement agreement to Forrest Paint Company for the company’s failure to comply with several risk management program requirements including proper documentation and resolution of its process hazard analysis findings and recommendations, updating its PHA to identify new hazards that could result in releases impacting the surrounding community, and conducting a compliance audit at least every three years. The company paid a penalty of $3,840 and returned to compliance.
Kraft Heinz Food Company of Ontario
On May 6, 2021, Region 10 issued an expedited settlement agreement to Kraft Heinz Food Company in Ontario, Oregon for the company’s failure to properly document that its operators are trained in safely operating refrigeration equipment to prevent an anhydrous ammonia release that could impact the surrounding community. The company paid a penalty of $8,900 and returned to compliance.
WASHINGTON
American Freeze Dry Inc. of Ferndale
On April 20, 2021, EPA Region 10 issued an expedited settlement agreement to American Freeze Dry, Inc. for the company’s failure to update its risk management plan at least every five years as required. The company paid a penalty of $1,200 and returned to compliance.
AmeriGas Propane, L.P. in Yakima
On June 16, 2021, EPA Region 10 issued an expedited settlement agreement to AmeriGas Propane, L.P. for the company’s failure to update its risk management plan at least every five years as required. The company paid a penalty of $1,600 and returned to compliance.
Apple House Warehouse & Storage, Inc. of Pateros
On June 9, 2021, EPA Region 10 issued an expedited settlement agreement to Apple House Warehouse & Storage, Inc. for the company’s failure to document that its employees are trained in the hazards and procedures to prevent an anhydrous ammonia release. The company paid a penalty of $8,800 and returned to compliance.
Columbia Fruit Packers, Inc. of Wenatchee
On April 28, 2021, EPA Region 10 issued an expedited settlement agreement to Columbia Fruit Packers, Inc. for the company’s failure to update its required risk management plan at least every five years. The company paid a penalty of $2,000 and returned to compliance.
Legacy Fruit Packers, LLC of Wapato
On May 26, 2021, EPA Region 10 issued an expedited settlement agreement to Legacy Fruit Packers, LLC for the company’s failure to update its required risk management plan at least every five years. The company paid a penalty of $2,000 and returned to compliance.
Royal Ridge Fruit and Cold Storage, LLC of Royal City
On May 17, 2021, EPA Region 10 issued an expedited settlement to Royal Ridge Fruit and Cold Storage LLC for the company’s failure to update its risk management plan at least every five years as required. The company paid a penalty of $2,000 and returned to compliance.
