Document YjBb5jRn3a8qxYRJRba6eV48O

U.S. ENVIRONMENTAL PROTECTION AGENCY Region 1 EPCRA and CAA 112(r) Inspection Report Date: November 7, 2022 From: Drew Meyer/Len Wallace, USEPA Inspectors Through: Mary Jane O'Donnell, Chief Waste and Chemical Compliance Section To: File Subject: Inspection under Clean Air Act (CAA) 112(r), Emergency Planning and Community RightTo-Know Act (EPCRA) 302-312, and Comprehensive Environmental Response Compensation and Liability Act 103, of Cabot Creamery Cooperative, Cabot VT I. GENERAL INFORMATION Facility Name: Plant) Agri-Mark Inc., DBA Cabot Creamery Cooperative, Inc. (Manufacturing RMP Number: none Address: 2878 Main Street, Cabot, VT 05647 Inspector Names: Leonard B. Wallace, U.S. Environmental Protection Agency (EPA) Region 1 Drew Meyer, US EPA Region 1 John Burton, Weston Solutions Patrick McLaughlin, Chief of the VT Hazmat Team Inspection Date: July 20, 2022 Type of Inspection: Risk Management Plan (RMP) CAA 112(r); CAA 112(r)(1) General Duty Clause (GDC), CERCLA 103, and EPCRA 302-313 Compliance Evaluation Inspection Purpose of Inspection: This inspection was conducted as a routine inspection of Cabot Creamery Cooperative, for compliance with EPA CAA 112(r) General Duty Clause (GDC), CERCLA 103, and EPCRA 302-312. The facility was selected for inspection because the Facility annually submit Tier II reports identifying itself as using anhydrous ammonia in refrigeration systems. This report identifies observations and findings made by the EPA inspection team with respect to compliance with the CAA 112(r), EPCRA, and CERCLA 103 requirements. 1 Current Owner: Agri-Mark Cabot Creamery Cooperative, Inc. Current Operator: Agri-Mark Cabot Creamery Cooperative, Inc. Primary NAICS codes: 311513 (Cheese Manufacturing) Number of full-time employees: Approximately 100 Estimated Annual Sales: $94.30 million II. GENERAL FACILITY DESCRIPTION Agri-Mark Family Farms is a cooperative that started around 1980 having evolved from an earlier cooperative. Around 1992, Agri-Mark merged with Cabot Creamery Cooperative. More than one third of all of the dairy families in New England are part of the current cooperative. The facility is not a union operation. The Cabot Creamery Cooperative facility (Facility), located in Cabot, VT, produces and packages cheese and other milk-based products. Two separate facilities operate at the location, employing approximately 350 employees between the two facilities, 250 employees in the "Cutting Plant/Warehouse" and the remaining in the "Manufacturing Plant", each build somewhere around 1987. The facility does not have union employees. The Manufacturing Plant is equipped with large refrigerated stainless steel above-ground tanks located outside, that are used for storage of milk and milk-based products or by-products. Each of the two locations have anhydrous ammonia systems, with associated equipment including piping runs, rooftops piping/pumps, evaporator-condensers, ventilation equipment, and each with a High-Pressure Receivers (HPR) and Ammonia Refrigeration Rooms (AMR). During the in-briefing, Aaron Burke, Environmental Engineer stated that the Manufacturing facility's anhydrous ammonia system has as much as 5,000 lbs of anhydrous ammonia in at at any one time. The Manufacturing Plant/Warehouse is a two-level building with a lower small "basement" space, so effectively has three levels. The upper level has a lunch and uniform room, electrical room, and office space. Most of the production operations occur on the main level, including the AMR and other refrigerated production processes. The HPR for the refrigeration system is partially enclosed in-doors, and partially outside along the perimeter of the building. The lower level also includes Control Rooms, Maintenance Packaging, Boiler, and miscellaneous other operations including dry storage and chemical and packaging storage. Bulk acids and caustics are stored at various locations in the facility, mainly for sterilization of stainless-steel tanks and piping. III. IN-BRIEF/OPENING CONFERENCE The EPA inspection team, including Leonard Wallace, EPA and Drew Meyer, EPA and John, Burton, Weston Solutions (Weston), and Patrick McLaughlin, VT State Fire Marshall, entered the Facility at approximately 8:30 a.m. The inspection team entered the facility and was met by 2 Aaron Page, Environmental Engineer and escorted inside the facility to a conference room. Inspectors Wallace and Meyer presented credentials to Aaron Page and Panos Lekkas, Plant Manager, during the opening conference. Inspector Wallace conducted the opening meeting and explained the reason and scope of the inspection. Mr. Burton, Weston explained that he would primarily be monitoring air during the inspection for ammonia using hand-held monitoring equipment. Dean Deasy, Cabot Fire Chief was only able to participate in the opening conference and then had to depart. Inspector Wallace presented the EPCRA Notice of Inspection to Mr. Page, who signed as the Recipient of the Notice. Mr. Page did not attempt to deny facility entry to the inspectors, and he did not invoke any claims of Confidential Business Information (CBI) for purposes of the inspection. Facility Representatives: Name Panos Lekkas Aaron Page Jim Burke Bryan Weller Susan Murray Eric Werner Scott Lamonda Al Rutledge Michael Bolduc Title/Company Plant Manager - Manufacturing Environmental Engineer Owner/NEAS Plant Manager - Cut & Wrap Regional Safety Coordinator Tech Tech Operator Supervisor E-mail plekkas@agrimark.net apage@cabotcheese.com james.burke@neas-inc.com bweller@agrimark.net smurry@cabotcheese.com slamonda@ cabotcheese.com arutledge@ cabotcheese.com mbolduc@cabotcheese.com Barry Tatro Tim Shea Jim Tringe Maint. Sup. Project Manager Dir Plt Svcs btatro@cabotcheese.com tshea@cabotcheese.com jtringe@cabotcheese.com Inspector Wallace shared the following guidance documents with facility representatives: Guide to the Emergency Planning and Community Right-to-Know Act (Fall 2020) EPCRA Quick Reference Fact Sheet (Fall 2020) List of Lists (EPA 550-B-20-001, August 2020) Small Business Resource Information Sheet (February 2020, EPA-300-F-20-002) National Response Center Oil and Chemical Spill Reporting flyer Chemicals in Your Community brochure (EPA 550-K-99-001, December 1999 Inspector Wallace stated that after the opening meeting, the inspectors would do a walk-through around the perimeter of the facility and then would inspect production and other operations inside the building. Inspector Wallace explained that he would be taking photographs of items and areas of interest and copies of all photographs taken would be available to facility personnel, after the inspection. 3 IV. PHYSICAL INSPECTION General Inspection After completing a walk around the perimeter of the Cutting Plant and associated operations, the inspection team proceeded to the Manufacturing Plant. Inspector Wallace took a total of 98 digital photographs during the one-day inspection to provide reference documentation of conditions observed. The photographs are referenced throughout the document. The digital photographs start with P1090426 - P10905231. The inspection team noted that the facility lacked windsocks at all approaches to the building to inform emergency responders and evacuating personnel of the prevailing wind direction (see Photographs 426-429). NFPA diamonds were not posted on any of the entrance doors (see Photographs 431-433). The exterior Chiller Room and Ammonia Machinery Room (AMR) doors did not have signage on the outside door indicating the presence of ammonia inside (see Photographs 432-433). The portion High Pressure Receiver (HPR) visible from the outside was not posted with NFPA diamonds or words describing its contents (see Photograph 432) and showed signs of corrosion.2 The hand valve located on top of the HPR was heavily rusted (see Photographs 435436) and pitted and the Pressure Relief header was not directed upward and was not located 7.25' above the highest nearby working surface (see Photographs 437). The air intake into the AMR was located just above the CNG pipeline (see Photographs 440), which could cause an explosion potential in the event of a CNG piping leak or the CNG Pressure Relief Valve lifts. The CNG piping was not properly labeled. An ammonia audio/visual alarm outside of Door #32 into the AMR was not properly labeled and the AMR air intakes into the AMR was not located at ground level (see Photograph 440). No Emergency Stop control was equipped on the outside door of the AMR and P&IDs with emergency valves uniquely identified for the AMR were not posted (see Photograph 444). Additionally, these AMR doors did not have emergency shut down instructions posted. The door into AMR was not equipped with any exterior handle to open door from the outside (see Photograph 440) and pipe penetration into AMR was not properly sealed (see Photographs 440443). There was no eyewash/shower on the outdoor side any of the doors from AMR and Chiller Room (see Photographs 430, 431, 432, 440, and 441). Outside, along the AMR, the inspection team observed a drainage catch basin that Aaron Page stated was equipped with an ammonia detector for the purpose of monitoring spill releases. The presence of this detector in the area was not labeled (see Photographs 441-442). Mr. Page stated that the catch basin led to the Winooski River. Outside, adjacent to the AMR, the inspection team observed a propane tank that was not labeled with an NFPA diamond or a description of its contents (see Photographs 441). The piping connected to this tank was also not properly labeled and the tank was not protected with bollards (see Photographs 441 and 443). The inspection team also observed a pipe from the AMR which 1 The last three number of the digital photographs are being used as the identifier. 2Stains indicated drippage from the Evaporator Condenser, located immediately above. 4 terminated above the propane tanks that was not plugged and not labelled (see Photographs 441 and 443). The diesel underground storage tanks (USTs) near the AMR were not clearly labeled (see Photographs 446, 447, and 448). Additional propane tanks located adjacent to the Main Street were not marked with NPFA diamonds or with words identifying the contents of the tank (see Photographs 451 and 452). The propane piping were not labeled, and the vegetation was not cleared to within 10' of propane tanks (see Photographs 451 and 452). Next, the inspection team proceeded to the Bulk Chemical Storage Room. The door into the room was not posted with an NFPA diamond (see Photograph 453). There was no eyewash/shower outside of room. A second door from Bulk Chemical Storage Room was not equipped with panic hardware (see Photograph 456). Inside the room, the inspection team observed small containers that are not labeled or in secondary containment (see Photograph 458). Hoses and piping used inside Bulk Chemical Storage Room were not properly labeled with unique identifiers (see Photographs 455, 460, 461, 462, and 467). Bulk poly tanks had open tops and were not sealed and were not marked with confined space signs (see Photograph 464). No fall protection on mezzanine was observed to prevent falling into Bulk poly tanks (see Photograph 455). Some parts of the chemical delivery systems were leaking in the Bulk Chemical Storage Room (see Photograph 459). At the Drum Chemical Storage Area, the inspection team observed drums without secondary containment, and others that were open when not in use (see Photographs 469). The floor showed signs of chemical spills in the area (see Photographs 469, 470, 471, 475, and 476). Hoses used for distribution in the area were not marked with unique identifiers. Piping in the area was not labeled (see Photographs 469, 470, 471, 473, 479, 480, and 481). Next the inspection team observed a panel identified by Aaron Page as the Main Ammonia Panel. An evacuation plan and a telephone call down list was posted nearby. The ammonia control panel had green and yellow beacons without labels identifying what they indicated (see Photographs 485-488). Over the door leading into the Machine Shop and next to the Main Ammonia Panel the inspection team observed a blue audio/visual alarm, identified by facility personnel as an ammonia alarm beacon. This alarm was not labeled with a sign indicating its function (see Photographs 487 and 488). The inspection team observed oxygen and flammable gas cylinders blocking the stairs into the AMR that were not properly secured (see Photographs 489, 490, 491, and 495). No Emergency eyewash/shower was located outside the AMR entrance door from Machine Shop into AMR (see Photographs 489 and 495). Piping penetrating AMR into wall was not sealed. Ammonia system Emergency switches in the Machine Shop were not properly labeled (see Photographs 492). The 5 door was not equipped with an ammonia audio-visual alarm (see Photograph 489) and the door from the AMR into Machine Shop was not equipped with panic hardware (see Photographs 496). Within the AMR, pipes at ground level in the AMR did not have bump protection (see Photographs 513). Some tanks showed signs of rusting (see Photograph 493, 510, and 511). Insulation was breached on the saddle supporting the "Accumulator Recirculator" Tank (see Photographs 497, 498, and 499). Pipes entering AMR from the Boiler Room were not properly sealed (see Photographs 519 and 521). The door leading into AMR from the Chiller Room had a blue beacon that was not labeled with a sign regarding its function (see Photographs 506). The door leading into AMR from Chiller Room went the wrong way and was not equipped with panic hardware (see Photograph 506). The Chiller Room piping was not labeled properly, and piping was not protected from bumps (see Photograph 502, 503, 504, and 505). The company stated they were in the process of replacing the Chiller unit in the Chiller room. The Main emergency isolation valve on the HPR was inaccessible from floor level (see Photographs 510-512). Multiple colors (red, orange, yellow) were used for ammonia piping inside AMR (see Photographs 498, 500, 507, and 509). There was limited aisle space next to HPR due to the storage of drums of chemicals around the HPR (see Photographs 507,508,510, and 513). There was an ammonia stem pipe that terminated in the walking area near the HPR with no bump protection (see Photographs 507). V. OUT-BRIEF/CLOSING CONFERENCE Inspectors Wallace and Meyer concluded the inspection with an out-brief to facility representatives, via a Microsoft Teams meeting on August 15, 2022 and discussed preliminary areas of concern identified during the inspection related to failure to maintain a safe workplace and lack of adherence to industry standards for the ammonia refrigeration system. Observations noted and identified during the inspection and in the out-briefing include: Manufacturing 1) Facility lacked windsocks at all approaches to the building to inform emergency responders and evacuating personnel of the prevailing wind direction. 2) No NFPA diamonds on any of the entrance doors. 3) Chiller Room and AMR doors had no signage on the outside door indicating that the room contained ammonia. 4) HPR no marking or NFPA sign and words. 5) HPR showed signs of rusting from what appeared to be drippage from the Evaporator Condenser located immediately above. 6) Hand valve located on top of the HPR heavily rusted and pitted. 7) Pressure Relief header not directed upward and not located 7.25' above the highest nearby working surface. 6 8) Air intake to AMR just above the CNG pipeline appeared to be causing a potential explosion. 9) CNG piping not properly labeled. 10) Ammonia AV alarm outside of Door #32 to the AMR not properly labeled. 11) AMR Air intakes not at ground level. 12) No Emergency Stop control on the outside door of the AMR. 13) No Piping and Instrumentation Diagram (P&ID) were posted with emergency valves uniquely identified for the AMR. 14) No Emergency shut down instructions were posted for the AMR. 15) Door into AMR not equipped with any exterior handle to open door from the outside. 16) Pipe penetration into AMR not properly sealed. 17) Boiler Room piping missing labelling. 18) A outside drainage catch basin near the AMR has ammonia detector for the purpose of monitoring spill releases. Labeled detector not present. The catch basin leads to the Winooski River. 19) Outside propane tanks near the AMR not labeled with NFPA or a description of contents. Propane piping not properly labeled. No Bollards. 20) A pipe from AMR terminates above propane tanks and terminal is not plugged. Piping not labelled. 21) Underground diesel underground storage tanks (USTs) not clearly labeled. 22) Propane tanks located adjacent to the Main Street, no NPFA diamond and not properly labeled. Propane piping not labeled. Vegetation not cleared to within 10' of propane tanks. 23) Bulk Chemical Storage Room - no NFPA diamond. 24) Bulk Chemical Storage Room -no eyewash/shower outside of room. 24) Second door from Bulk Chemical Storage Room - no panic hardware. 26) Small containers inside Bulk Chemical Storage Room were not labeled or in secondary containment. 27) Hoses and piping used inside Bulk Chemical Storage Room not properly labeled. 28) Bulk poly tanks inside the Bulk Chemical Storage Room had open tops and were not sealed. 7 29) Bulk poly tanks not marked with confined space signs. 30) No fall protection on mezzanine to prevent falling into Bulk poly tanks. 31) Some drums without secondary containment inside Drum Chemical Storage Area and some open when not in use. 32) Signs of spillage on the floor in the Drum Chemical Storage Area. 33) Hoses used for distribution in Drum Chemical Storage Area not marked with unique identifiers. 34) Location of evacuation plan and call down list located at Main Ammonia Panel not at the main entrance door into AMR. 35) Ammonia AV alarms located at the door that leads into the Machine Shop not labeled. 36) Ammonia control panel had green and yellow beacons without labels identifying what they indicated. 37) Oxygen and flammable gasses blocking the egress stairs into the AMR and not properly stored. 38) No Emergency eyewash/shower located outside AMR entrance door from Machine Shop into AMR. 39) Piping penetrating AMR into wall not sealed. 40) Ammonia system Emergency switches in the Machine Shop not properly labeled and no A-V alarm. 41) Door from AMR into Machine Shop not equipped with panic hardware. 42) Pipes at ground level in the AMR do not have bump protection. 43) Insulation breached on the saddle supporting the Accumulator Tank. 44) Door leading into AMR from the Chiller Room had a blue beacon that was not labeled with a sign regarding its function. 45) Door leading into AMR from Chiller Room swings the wrong way and was not equipped with panic hardware. 46) Pipes entering AMR from the Chiller Room not properly sealed. 47) Main emergency isolation valve on the HPR inaccessible from floor level. 48) Multiple colors (red, orange, yellow) used for ammonia piping inside AMR. 49) Limited aisle space next to HPR. Drums of chemicals impeding aisle space around HPR. 8 VII. FACILITY COMPLIANCE STATUS AND ELEMENTS OF PROOF - EPCRA EPCRA Section 302 (1) Does facility have on-site, at any one time, extremely hazardous substances (EHS) at or above the TPQ? Yes, Anhydrous Ammonia, Peracetic Acid, Sulfuric Acid, and Nitric Acid (2) List or obtain documentation: Inspectors' observations; 2021 Tier II report (3) How was maximum quantity on-site determined or calculated? The Facility determined maximum amounts. Example Cabot reported 15,798 pounds of ammonia on 2021 Tier II report. This amount is for both the Cutting Operations and the Manufacturing Operations. EPCRA Section 303 (1) Facility Coordinator identified per Sec. 303 and date LEPC was notified? Facility coordinator identified in 2021 Tier II reports. Unknown when LEPC was notified (most recent Tier II report dated 2021). EPCRA Section 311 (1) Is facility required to maintain SDSs (MSDSs) under the OSHA Hazard Communication Standard 29 CFR 1910.1200 (no specific chemical list)? Yes (2) Has the facility conducted a comprehensive audit to identify SDS chemicals on-site and to determine if 500 lb./10,000 lb./TPQ thresholds were exceeded? Yes (3) List of OSHA chemicals manufactured, processed, used/stored, and obtained? Yes. Facility did provide a list. (4) How were the maximum amounts determined? The Facility determined maximum amounts. (5) Section 311 info supplied to the: SERC (Y/N): LEPC (Y/N): Local Fire Department(Y/N): Date Chemical List Yes Unknown Unknown Unknown Unknown SDSs Yes (6) Have any new hazardous chemicals, mixtures, or substances been introduced into the facility in the last 5 years? Unknown (7) If yes, has the facility submitted updated lists or SDSs? N/A EPCRA Section 312 (due March 1 of year following reporting calendar year) (1) Was Tier II form submitted for all required chemicals? Yes 9 (2) What procedures are used to update Section 312 information for annual submittal and to ensure additional or new chemical data is submitted within 90 days? The facility has previously submitted Tier II reports to SERC annually via electronic submission. (3) Was facility aware of annual reporting requirements under Section 312? Yes (4) Had the facility completed and signed a list of all reportable chemicals on site on date of the inspection? Yes (5) Table of EPCRA 312 Reportable Substances: Cabot Creamery Cooperative - Reports both the Cutting Operations and the Manufacturing Operations on one Tier 2 Chemical Name CAS Number Maximum Amount EHS (Pounds) Alept E3 Plus - Hand Sanitizer No 1,760 Alpet D2 - Surface Sanitizing Wipes No 631 Anyhdrous Ammonia 7664-41-7 Yes 15,798 Aqueous Ammonia - food additive 1336-21-6 Yes 3,755 Argon, compressed 7440-37-1 No 135 Calcium Chloride - Road Salt 10043-52- No 4 4,422 Carbon Dioxide 124-38-9 No 26,075 Caustic / Sodium Hydroxide 50% 1310-73-2 No 16,733 Defoamer No. 553 No 980 Detbuild No. 394 No 1,026 Diesel Exhaust Fluid No 2,729 Diesel Fuel 68334-30- No 5 150,000 Eclipse No. 285 No 9,661 Enrich No. 299 No 2,985 Enzyterge No. 400 No 1,877 Fuel OIl (No. 2) 68476-30- 2 No 180,659 Grease X No. 367 No 1,273 Heavy Duty Gallant No. 158 No 1,875 Hydiflux NP, No. 366 No 3,123 HydriBlend Red No. 145 No 462 Hydrisoak No. 180 No 2,035 Hydrogen Peroxide 34% 7722-84-1 No 10 Lead Acid Batteries Multiquat No. 455 Natural Gas, Compressed New and Used Oil (on-spec) Orbit No. 363 Peracetic Acid / PAA ~6% Phosophoric Acid - Food Additive Potassium Hydroxide Propane PURE Hard Surface Cleaner Score No. 312 - Floor / Foot Sanitizer Sentinel No. 473 Sterilex Activator Solution Sterilex Disinfectant Cleaner Solution Sulfuric Acid - Waste Treatment pH Neutralizing Surchlor - Sodium Hypochlorite - Bleach Ultra 1030 - 30% Caustic Sodium Hydroxide Ultra LFA (45% Nitric Acid) 74-82-8 74-98-6 Yes 43,145 No 1,363 No 35,000 No 3,300 No 2,000 Yes 14,606 No 1,200 No 2,800 No 6,636 No 917 No 2,410 No 1,608 No 2,157 No 1,872 Yes 2,513 No 10,765 No 28,816 Yes 20,000 Reported on RY2021 Tier II report. IX. ENFORCEMENT HISTORY The facility has no reported violations in ECHO. X. ENVIRONMENTAL JUSTICE The national EJSCREEN mapping tool indicates that the Facility is not located in area of Environmental Justice interest. 11