BELFAST, Maine — Citing concerns with a Belfast potato-processing company’s safety measures and emergency planning regarding its use of ammonia, the U.S. Environmental Protection Agency last week issued a complaint against it that seeks as much as $320,000 in penalties.
The family-owned Penobscot McCrum LLC uses the chemical, which is regulated by the EPA, in its commercial freezing and refrigeration operations. According to the agency, ammonia presents a “ significant health hazard” because it’s corrosive to the skin, eyes and lungs. It also is flammable and potentially explosive.
Among other concerns listed in the 30-page-long complaint, agency inspectors found that Penobscot McCrum had underestimated the geographic area and number of people which would be impacted by any ammonia releases; had underreported the amount of ammonia used at the plant; and had failed to develop appropriate emergency plans in case of ammonia leaks. Inspectors also noticed exposed wiring, broken wall sections, an “inappropriate door” in the ammonia refrigeration machinery room and the absence of an outdoor ammonia detector.
The facility is located on Pierce Street on the Belfast waterfront and is close to U.S. Route 1, as well as houses, a nursing home, an elementary school, Belfast Area High School and the Belfast Harborwalk. Penobscot McCrum had told the EPA that it was located in an urban area, but according to the complaint, it in fact is located in a rural area, which means the geographic area affected by an ammonia release would be larger than estimated. The EPA noted that a few thousand people live near the facility, which is half a mile from the heart of downtown Belfast.
The McCrum plant uses anhydrous ammonia in its refrigeration system. According to the Occupational Safety and Health Administration, this type of ammonia is a liquid stored in closed containers under pressure. When the pressure is released, the liquid evaporates rapidly, generally forming an invisible vapor or gas.
Although local authorities and Jay McCrum of Penobscot McCrum said that the inspection came about because the EPA is reviewing all facilities in Maine that use ammonia, and that the Belfast potato-processing plant does not pose a danger to residents, Belfast city councilors said they are taking the matter seriously.
“We really need to stay on top of this,” Councilor Neal Harkness said at Tuesday night’s regular meeting. “The safety of people in the city has to be paramount.”
Councilor Eric Sanders agreed.
“We’re not ready for an emergency. We need to do that ASAP,” he said. “Ammonia is a very toxic chemical. It is in our downtown. It’s something we need to be on top of and the public needs to know that we are on it.”
The facility was inspected by the EPA last October and some city and county officials received an initial report last April. That document noted the problems the inspectors found, including the “unsuitable” emergency response plan, the lack of ammonia signage, the presence of corrosion on some of the pipes and the fact that the facility’s emergency response coordinator had not coordinated with the local fire department.
“Appropriate mechanisms are not in place to notify emergency response agencies when there is need for a response for all potential emergency scenarios,” the EPA inspection report stated. “Additionally, procedures do not exist to inform the public in close proximity of the facility about accidental releases so that appropriate protective action measures, i.e. shelter in place and/or evacuation, can be taken in a timely manner.”
When Belfast city councilors became aware of that first report late this summer, they decided they wanted the public to know what was going on, according to Councilor Mike Hurley.
“The reason we’re taking this seriously is because it is serious,” he said this week.
According to Jay McCrum, the company, which employs 180 people, has been working with the Waldo County Local Emergency Planning Committee to create a better emergency plan. The EPA complaint indicated that the company needs its own emergency response team and also needs to adequately communicate and coordinate with local responders.
“I think the EPA is carrying a very big stick for anybody in business today,” he said. “Subsequent to this inspection, our company has hired a young man with great experience to head up our compliance … We feel very good about all of this. I don’t feel anybody’s in danger at all. Our number one concern is the safety of our employees. If our employees are safe, the community is safe.”
Dave Deegan of the EPA’s New England Regional Office wrote in an email to the BDN on Tuesday afternoon that this was the only Clean Air Act case filed against a Maine company during the fiscal year that ended on Sept. 30.
“[The] EPA is not aware of any injuries caused by this ammonia refrigeration system,” he wrote. “At this point, EPA’s biggest concern is the lack of capacity to respond to a major ammonia release, should there ever be one. Responding to an ammonia release requires specialized skills and training. The company is already in discussions with Belfast and state emergency responders about how to handle the issue.”
Deegan said that the up to $320,000 sought by the federal agency is the statutory maximum, which is a standard procedure in such situations.
“In reality, EPA follows its penalty policy for [Risk Management Plan] cases, which calls for lower penalties,” he wrote. “EPA has made an offer of settlement to the company, the terms of which are confidential.”
It’s not the first time this year that Penobscot McCrum has faced fines regarding its use of ammonia. In March, the company was mandated to pay a $15,090 fine to the Maine Department of Environmental Protection after discharging ammonia into the tidewaters of the Passagassawakeag River.
Dale Rowley, the director of the Waldo County Emergency Management Agency, said this week that this is the year that the EPA decided to inspect the state’s ammonia facilities.
“McCrum isn’t the only one inspected,” he said. “I don’t think they’re being singled out.”
After the first EPA report came out, Rowley wrote in an April email sent to City Manager Joe Slocum and Belfast Fire Chief Jim Richards that “ammonia is currently the greatest toxic chemical airborne hazard in Waldo County.”
He said this week that the closest chemical cleanup team to Penobscot McCrum is located in Hampden, and the closest public safety hazardous materials team is in Waterville.
“We do have an operations-level team here in Waldo County, based in Searsport, that can decontaminate people and advise what to do, but they are limited in what they can do,” Rowley said.
Belfast City Manager Joe Slocum told the City Council Tuesday that in September, city and county officials did a general inspection of the plant and did not see any outward violations of the Belfast city code.
“It appeared to us that the company seemed to have competent, knowledgeable people,” he said, adding that Penobscot McCrum is in the process of drafting a new emergency response plan. “The EPA definitely wants to see that this company is working very well with emergency responders. We do expect that when the plan is put together, we will run the mouse through the maze [to make sure it works].”
Hurley said at the meeting that some of his concerns have been quelled by the fact that a new and improved emergency plan is in the works.
“I feel a lot better today than I did when I was first reading the report,” he said. “We were just not aware before of what was going on. Now we have all hands on deck.”