Tyson Foods Inc. has agreed to a settlement with EPA for violations of Section 112(r) of the CAA’s Accidental Release Prevention & Risk Management Plan rule. Under the settlement Tyson has agreed to a $3,950,000 penalty.  In addition, Tyson will allow third party audits of the CAAs Risk Management Program and is required to spend $300,000.00 on emergency response equipment for first responders.

This settlement came out of a series of inspections and information requests addressing Tyson’s ammonia refrigeration systems and eight incidents between 2006 and 2010 in which various releases of anhydrous ammonia resulted in injuries, property damage and one death.

Section 112(r) applies to refrigeration systems with more than 10,000 pounds of anhydrous ammonia.  EPA appears to be focusing on this issue.  In recent weeks federal inspectors have visited at least one facility in Kentucky to examine compliance with this provision.

If you have any questions about compliance with CAA 112 (r), contact Scott Smith at scottr.smith@smithmanage.com or Kevin Chaplin at Kevinc@smithmanage.com.