Washington — The U.S. Department of Justice and the U.S. Environmental Protection Agency (EPA) announced April 5 a Clean Air Act (CAA) settlement with Tyson Foods Inc., Springdale, Ark., and several of its affiliate corporations to address threats of accidental chemical releases after anhydrous ammonia was released during incidents at facilities in Kansas, Missouri, Iowa, and Nebraska, resulting in multiple injuries, property damage, and one fatality. Tyson is required to conduct third-party audits of its current compliance with the CAA’s Risk Management Program requirements at all 23 facilities in the four states. The third-party auditors must have expertise in ammonia refrigeration systems, be recognized experts in risk management program compliance, and be approved by EPA. Tyson must correct any violations discovered in the audits and certify the completion of the work. Tyson has also agreed to test certain piping used in its refrigeration systems at the facilities to identify any problems that may have led to accidental releases and to replace any non-compliant piping. Tyson will pay a $3.95 million penalty. In addition, Tyson has agreed to implement a supplemental environmental project to purchase $300,000 worth of emergency response equipment for first responders in communities with significant environmental justice concerns in which Tyson operates facilities. The 23 Tyson facilities named in the consent decree are subject to the regulations because the refrigeration systems at the facilities each contain more than 10,000 pounds of anhydrous ammonia. The facilities have a combined inventory of more than 1.7 million pounds of anhydrous ammonia. Tyson is the world’s largest processor and marketer of chicken, beef, and pork. The proposed settlement, lodged in the U.S. District Court for the Eastern District of Missouri, is subject to a 30-day public comment period and final court approval.
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