Many states, including Kentucky, have elected to allow EPA to regulate their 112(r) air program. If you recall, 112(r) is a program intended to address chemical accident prevention at facilities using substances that posed the greatest risk of harm from accidental releases. These regulations were built upon existing industry codes and standards (available at: http://www.epa.gov/emergencies/) and require companies of all sizes that use certain listed regulated flammable and toxic substances to develop a Risk Management Program.
Many people think that the chemical industry is the only area that is impacted by this rule. Recently one of the largest food production companies in the world has agreed to resolve violations of the 112(r) program as part of a federal Consent Decree. Tyson Foods, Inc., is agreeing to pay a $3.95 million civil penalty and fund a $300,000 Supplement Environmental Project (SEP) for failures associated with its storage and management of the refrigerant anhydrous ammonia.
In addition to the monetary component, EPA is requiring Tyson to conduct third-party audits of its RMP compliance at all 23 facilities in EPA region 7 states. In addition, the company will perform non-destructive testing of certain piping used in its refrigeration systems.
It’s important to dust off these regulations and take a look at your facility to determine if you are included in the program and if you are is required to comply with these regulations. If you need help, contact me at scottr.smith@smithmanage.com.