The U.S. Environmental Protection Agency reached a settlement with Delta Packing Company of Lodi, Inc. for chemical safety-related violations of the Clean Air Act and the Emergency Planning and Community Right-to-Know Act.
The company, located in Lodi, Calif., uses anhydrous ammonia to provide cooling capabilities for its fresh fruit packaging, refrigeration, storage, and shipping facility. Under the settlement, the company will pay a penalty of $262,971 and make significant safety improvements to the facility to come into compliance with federal law.
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“Companies that use anhydrous ammonia and other dangerous chemicals have a responsibility to protect facility workers and the surrounding community, as well as ensure local first responders are prepared to respond in the case of a release,” said EPA Pacific Southwest Region Enforcement and Compliance Assurance Director Amy Miller. “As a result of EPA’s action, the facility made significant improvements to address chemical safety.”
Anhydrous ammonia, regulated under the CAA Section 112(r), can cause serious, often irreversible health effects when released. In addition to potentially impacting human health from inhalation or skin contact, the chemical is highly flammable.
In 2021, EPA inspected the Lodi facility after an accidental anhydrous ammonia release resulted in an employee’s death. The inspection revealed multiple violations of CAA Section 112(r), including the Risk Management Program and the General Duty Clause under that law, as well as EPCRA Section 312.
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The facility failed to comply with the following CAA requirements for chemical accident prevention:
- Conduct certain inspections and tests of process equipment and to correct equipment deficiencies in a timely manner.
- Conduct an adequate process hazard analysis, a requirement designed to analyze and reduce the risks associated with ammonia refrigeration systems.
- Include accurate information concerning equipment and to comply with industry standards and/or document that existing equipment was safe.
- Develop and implement adequate operating procedures, including operating limits of equipment, health and safety information, and safety systems to protect the health of facility workers and ensure the safe handling of hazardous substances.
- Coordinate with local authorities for emergency response so first responders can be prepared to respond.
The facility also violated the CAA by failing to adequately identify hazards related to another chemical – methyl bromide – which the facility uses as a fumigant.
Under EPCRA, the facility failed to submit required annual chemical inventory reports, known as Tier II forms, to state and local agencies.
Due to EPA’s action, the company made significant improvements to address chemical safety concerns identified at their facility. The company corrected equipment documentation, conducted tests and inspections of equipment, and brought its refrigeration system up to industry standards.
In addition, the company corrected missing information in its operating procedures, completed an adequate process hazard analysis, and coordinated with local agencies for emergency response purposes. As part of the agreement with EPA, the facility has also committed to fixing equipment deficiencies in its relief and ventilation systems. EPA continues to track these repairs to ensure that compliance is met.
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