EPA Enforcement Protects Vulnerable Massachusetts Communities from Risks of Chemical Accidents
EPA reached settlements with facilities handling dangerous substances in Leominster and New Bedford, Mass. resulting in civil fines and compliance improvements
BOSTON – The U.S. Environmental Protection Agency (EPA) reached settlements with two companies resolving claims they violated the chemical accident prevention requirements of the federal Clean Air Act. Chemical accidents at these facilities could impact nearby communities, including areas with disproportionate environmental burdens.
The companies, Highline Warren, LLC in Leominster and Crystal Ice Co., Inc. in New Bedford agreed to pay civil penalties and have taken steps to improve safety at their facilities, which will help keep facility workers and the communities safer in the event of an emergency.
"These settlements underscore the importance of the safe management of chemicals," said EPA New England Regional Administrator David W. Cash. "EPA's work is designed to protect all communities, and we have a special responsibility to reduce the burden of environmental pollution and risks of chemical accidents to the workers and residents of communities that have shouldered a greater share of these impacts."
In the Clean Air Act Amendments of 1990, Congress enacted Section 112(r)(1), also known as the General Duty Clause. It applies to any facility where extremely hazardous substances are used or stored. Owners and operators have a general duty and responsibility to prevent and mitigate the consequences of chemical accidents. EPA inspects facilities across New England that are using hazardous substances in their processes to make sure they are complying with requirements to prevent and prepare for accidental releases or spills. The Clean Air Act Amendments of 1990 also requires companies storing certain hazardous substances above threshold amounts to comply with Risk Management Plan requirements to prevent accidental spills and releases.
Highline Warren, LLC – Leominster, Mass.
Highline Warren, LLC, located in Leominster, is less than half a mile from a neighborhood and a shopping plaza. The facility uses methanol and ethanol to produce windshield wiper fluid and antifreeze. Both substances are considered extremely hazardous substances due to their flammability, and therefore subject to the General Duty Clause. Facilities that handle substances like this must identify the hazards which may result from an accidental release; design and maintain a safe facility in order to prevent releases; and minimize the consequences of accidental releases when they do occur. During EPA's inspection of the facility in 2020, EPA discovered that the company had not assessed the hazards of its process. As a result of EPA's inspection and enforcement action, Highline Warren LLC, conducted a process hazard review, paid a civil penalty of $48,908, and certified that it was implementing its process hazard review.
Crystal Ice Co., Inc. – New Bedford, Mass.
The Crystal Ice Co., Inc. facility is a primary supplier of ice for the fishing industry in and around New Bedford. The facility uses up to 22,000 pounds of anhydrous ammonia in its refrigeration system. Anhydrous ammonia is an effective refrigerant, but it can be very dangerous when released into the environment.
An ammonia release at the Crystal Ice facility occurred in April 2018 and triggered an EPA inspection of the refrigeration system. EPA's inspection led to the discovery of multiple violations of the Clean Air Act's Risk Management Plan regulations, which are designed 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 any releases that do occur. Some of the alleged violations included the failure to comply with requirements to compile written process safety information and comply with recognized and generally accepted good engineering practices, failure to fully comply with process hazard analysis requirements and failure to adequately train employees which help ensure that workers and emergency responders have the information they need to safely respond to an accidental release. The settlement imposes a civil penalty of $170,000 and requires that the company come into compliance with Risk Management Plan regulations.
More information on Section 112(r) of the Clean Air Act:
Compliance resources for facilities with ammonia refrigeration systems