Document XzJ3qOoqDeDqbGGwV2pBGV2pw

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10 1200 Sixth Avenue, Suite 155 Seattle, WA 98101 ENFORCEMENT & COMPLIANCE ASSURANCE DIVISION Clean Air Act - Section 112(r) Risk Management Program and EPCRA 312 - Tier II Facility Inspection Report FACILITY INFORMATION: Name: Legacy Fruit Packers, LLC Physical Address: 12 Hoffer Road, Wapato, WA 98951 Phone Number: (509) 877-4188 Latitude/Longitude: 46.438810, -120.429850 RMP Facility ID# 1000 0017 1075 FRS ID#: 110002053722 EJ Concerns: Yes (Above 80%) CONTACT INFORMATION (RMP Implementation): Name: Santos Sosa III Phone Number: (509) 877-4188 E-mail: ssosa@sagefruit.com EMERGENCY CONTACT INFORMATION: Name: Santos Sosa III Phone (24-hr): (509) 949-6890 E-mail: ssosa@sagefruit.com TRIP DETAILS: Inspection Date: August 17, 2023 Inspection Time: 0900 hours through 1345 hours EPA Inspection Team: Peter Phillips, US EPA Region 10 SEE Grantee, Lead RMP Inspector Terry Garcia, US EPA Region 10 SEE Grantee, RMP Inspector Edward Johannes, US EPA Region 10 SEE Grantee, RMP Inspector Kenneth Valder, Weston Solutions, Inc., EPA START Contractor Morgan Larimer, Weston Solutions, Inc., EPA START Contractor DATE AND PROGRAM LEVELS OF SUBMITTED RMP: Initial Submission Date: July 17, 2000 Date of Latest Update: April 23, 2021 Process (Program 1, 2, 3) as reported in RMP: Process ID Description Process Chemical ID 1000116056 ER3 - NH3 Refrigeration 1000145078 NAICS Code 49312 Program Level 3 Chemical Name CAS Number Ammonia, Anhydrous (7664-41-7) Quantity (lbs) 14,510 Page 1 of 5 1000116057 ER2 - NH3 1000145079 49312 3 Refrigeration 1000116058 ER1 - NH3 1000145080 49312 3 Refrigeration Ammonia, Anhydrous (7664-41-7) Ammonia, Anhydrous (7664-41-7) 38,181 13,973 PURPOSE: The purpose of this inspection was to determine if this facility is in compliance with Section 112(r) of the Clean Air Act (CAA) and Title 40 Code of Federal Regulations (CFR) Part 68, Chemical Accident Prevention Provisions. The facility has been previously inspected in the past 5 years: No Yes The facility is High Risk: No Yes Joint EPCRA inspection: No Yes CAA Title V Air Permit: Does the facility have a CAA Title V Permit? No Yes RELEASE/ACCIDENT HISTORY: Did the facility have a reportable release in the past 5 years? No Yes EPCRA TIER II REPORTING: Did the facility submit the 2022 Tier II report to the SERC? If Yes, Date the Tier II was submitted: February 21, 2023 No Yes Did the facility submit a Tier II to the LEPC and local fire department? No Yes If Yes, Date the Tier II was submitted: February 21, 2023 INSPECTION ENTRY: Peter Phillips led the inspection entry. The EPA Inspection Team (EPA) met with facility representatives at the Legacy Fruit Packers, LLC facility in Wapato, WA. EPA arrived at the facility at 0900 hours and was joined by the following facility personnel: Name Santos Sosa Lance Britton Hunter Porter Freddie Sanchez David Champoux Title, Organization Refrigeration Manager, Legacy Fruit Packers LLC Maintenance Manager, Legacy Fruit Packers LLC Safety Manager, Legacy Fruit Packers LLC Director of Facilities, Legacy Fruit Packers LLC Engineer, Doubl-Kold Was a state/county/or local emergency representative present? No Yes The facility is a first responder: If No, Responding Agency: Wapato Fire Department No Yes Facility representatives escorted EPA to a conference room located in the facility's Safety Office. Lead Inspector Peter Phillips introduced all parties present, provided a summary of the Risk Management Program (RMP), and explained the purpose of the visit. Each EPA Inspector presented his/her credentials. EPA then requested an explanation of the facility's operations and any additional safety measures that Page 2 of 5 should be taken during the site tour. Santos Sosa and Freddie Sanchez gave a brief description of the facility, operations, and personal protective equipment required for the tour. Prior to the inspection, EPA sent a certified notice of inspection letter to the facility informing them of the CAA Section 112(r)(6)(L) requirement that facility employees and employee representatives (such as a union representative) have the right to participate in the RMP inspection, and that a copy of the letter must be provided to the employee representative(s) and the letter posted in a manner accessible to employees in the facility. The facility is unionized: No Yes An employee representative present during the facility visit: No Yes GENERAL INFORMATION: The facility is regulated under RMP rule as a Program Level 3 refrigeration facility owned and operated by Legacy Fruit Packers, LLC (Legacy Fruit). The facility utilizes a combined 66,664 pounds (lbs) of anhydrous ammonia between three separate ammonia refrigerant systems for the cold storage of agriculture products such as apples, pears, and cherries. The engine rooms, referred to as ER1, ER2, and ER3, were constructed in 1988, 1995, and 2014. These refrigeration systems support 65 Controlled Atmosphere (CA) rooms and 25 cold common storage areas. The facility employs approximately 321 full-time, non-unionized employees on site, with two operational shifts, 0500 to 1630 hours and 1700 to 0000 hours, five days a week during the months of August to midNovember. The facility typically employs three designated System Operators; however, only two were employed at the time of inspection: Santos Sosa and Jacob Alanzo. Contractors supporting the System Operators include Central Washington Refrigeration (CWR) (Yakima); Doubl-Kold (Yakima); Double J Electrical Service, LLC (Yakima); and Pacific CA Systems (Yakima). The facility uses approximately 40 lead acid batteries for the operation of 20 electric forklifts that are regulated under EPCRA 312 and are included as part of this Tier II inspection. On April 27, 2022, the facility suffered a Lockbit Ransomware attack that resulted in the loss of locally stored encrypted data. Facility representatives cited this as a potential reason for missing records. A letter from the facility Information Technology (IT) Director was provided to the EPA inspection team. During the facility inspection, Legacy Fruit Packers representatives stated that no modifications to the refrigeration system have been made in the past 5 years; neither are modifications currently planned or underway. ON-SITE OBSERVATIONS: After the entry meeting, EPA toured the facility from approximately 0935 to 1105 hours, escorted by facility representative Sosa and contractor representative Champoux (Doubl-Kold). The EPA inspection team took photographs of the regulated refrigeration systems, as well as the regulated lead acid batteries within forklift charging stations. photos taken during the inspection are included in Attachment A to this report and are referenced below. The tour began at ER3, which can be accessed via a personnel access door on the northern wall or a personnel door and equipment roll-up door on the western wall (photos 1 and 2). The northern personnel access door immediately opens to the Control Room (photo 3) before leading to ER3 (photo 4). Inside ER3 are three screw compressors with a High-Pressure Receiver (HPR), Suction Accumulator, and Transfer Vessel located against the east wall (photo 5). There are two ammonia detectors (photo 6), which Page 3 of 5 engage audible and visual alarms when ammonia is detected at 30 parts per million (ppm) and initiate shutdown at 50 ppm ammonia. The inspection team reviewed safety relief valve (SRV) installation tags associated with each of the compressor units, of which those on Compressor 3 were found to be out of date (photo 7). Legacy Fruit representatives provided proof of order and backlog for the valves after completion of the tour. The team also observed the louvered air intake along the south wall and three ceiling exhaust fans (photos 8 and 9). The tour continued to the Shipping Dock, which contains four evaporator banks in two zones, with one alarm per zone (photo 10). The tour then led to the Finished Goods Storage Room, which has four zones of two evaporator banks each and one sensor for every two zones (photo 11). Next, the tour proceeded to the Cherry Packing Building. Inside the packing building is a Surge Drum (photo 12) and two chilling units (photo 13) with two ammonia detectors: one the shipping dock (photo 14) and one for the CA rooms. From the Cherry Packing Building, facility representatives led the EPA team to Room B10, which serves as a representative CA facility served by the refrigeration system (photo 15), before continuing to ER2 (photo 16) and the associated Control Room (photo 17). ER2 contains four compressors (photo 18). An emergency shower/eyewash station is located immediately inside the western personnel doorway (photo 19). On the south end of the room are two HPRs with an air intake located above (photo 20). The inspection team also observed ventilation openings, one of which is above the staircase to the Building A Mezzanine (photo 21). The tour continued up the staircase to view the three condensers above ER2 (photo 22) and the Mezzanine that runs from A1 to A22 (photo 23). Ammonia leak detectors were observed outside of the A Mezzanine entrance (photo 24). After viewing ER2, the inspection team was led to ER1 through the north personnel access door (photo 25). The door leads into the associated Electrical Room prior to entering ER1 (photo 26). ER1 contains four compressors (photo 27, 28). The inspection team again observed ventilation openings, louvered air intakes, and exhaust (photo 29), as well as an emergency shower/eyewash station (photo 30). Throughout the tour, inspectors noted that ER exit doors do not have panic hardware. Lastly, the inspection team observed the forklift charging station where the lead acid batteries are located (photo 31). The room contains an eyewash station by the garage pull up and appropriate safety precautions appeared to be in place (photo 32). After touring the facility, EPA returned to the conference room at 1105 hours to review RMP documentation. Upon completion of the document review, EPA provided a debriefing to facility representatives Sosa, Sanches, Britton, and Porter, as well as operations contractor representative Champoux (Doubl-Kold). The exit briefing was conducted at 1330 hours, and the EPA inspection team exited the facility at 1345 hours. INFORMATION COLLECTED FROM FACILITY: 1. Inspection Sign-in Sheet 2. Ransomware Letter from Sage Fruit Company 3. PSM and RM Program Compliance Audit Certification Page 4. Loncold Industrial Refrigeration Parts and Sales PRV Backorder Confirmation 5. Machine Rooms 1-2 Relief Piping Updates Page 4 of 5 AREAS OF CONCERNS ADDRESSED IN CLOSING CONFERENCE: 1. Process Hazard Analysis [68.67(g)]: Legacy Fruit does not have the initial 2000 process hazard analysis (PHA) on file. 2. Mechanical Integrity [68.73 (d)(4)]: Legacy Fruit has not documented each inspection and test that had been performed on process equipment. 3. Compliance Audits [68.79(a)]: Legacy Fruit did not certify their 2018 compliance audit that evaluated compliance of their ammonia refrigeration process. The 2018 compliance audit report was certified on the date of this inspection. 4. Emergency Response [68.90 - 68.96]: Legacy Fruit did not perform their annual emergency response coordination activities required under 68.93. [68.90(b)(4)]. 5. Emergency Response [68.90 - 68.96]: Legacy Fruit did not document coordination with local authorities. [68.93(c)]. 6. Risk Management Plan [40 CFR 68.150 - 68.195]: Legacy Fruit did not provide in their RMP the name, phone number, and email address of local emergency planning and response organizations. 68.180(a)(1)]. 7. Risk Management Plan [40 CFR 68.150 - 68.19]: Legacy Fruit did not identify the date of the most recent notification exercise. [68.180(b)(1)(iv)]. DOCUMENTS REQUESTED NOT INCLUDED IN REPORT: The following documents were requested during the inspection but are not included in this report. These documents will still be reviewed to determine compliance with Section 112(r) of the Clean Air Act. 1. Initial PHA from 2000. (This document was not provided). 2. Resolution or findings of the 2018 Mechanical Integrity Audit. (This document was provided via email on 9/1/2023 and evaluated. All items were completed or assigned a date and person). INSPECTION REPORT CERTIFICATION: This is to certify that I, Peter Phillips, was the lead inspector at this facility and that I have verified the accuracy of the observations in this inspection report: __________________________________________________________ Inspector Signature __________________________________________________________ RMP Coordinator/Approval __________________________________________________________ EPCRA Coordinator/Approval __________________________________________________________ Land Enforcement Section Chief/Approval Page 5 of 5