Tyson Foods, EPA reach Clean Air Act settlement

The U.S. Environmental Protection Agency has reached a Clean Air Act settlement with Tyson Foods Inc. and several of its affiliate corporations to address concerns over the refrigeration systems and threats of accidental chemical releases at Tyson facilities in Kansas, Missouri, Iowa and Nebraska, which resulted in injuries and one fatality.
Under the settlement agreement, Tyson will conduct third-party audits of its current compliance with the Clean Air Act's Risk Management Program requirements in all 23 facilities within those 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 the EPA. Tyson will be required to correct any violations discovered during the audits and certify the completion of work.
Tyson has also agreed to test certain piping used in its refrigeration systems at the 23 facilities to identify any problems that may have led to accidental releases and to replace any non-compliant piping.
"We strive to operate our facilities responsibly, so after learning of EPA's concerns, we immediately made improvements and cooperated with EPA officials throughout the process," said Kevin Igli, senior vice president and chief environmental, health and safety officer of Tyson Foods. "We expect this auditing system to become a model provision that EPA may require from other industrial users of anhydrous ammonia or other chemicals, including other agricultural and food companies."
In addition to the audits, Tyson Foods will pay a civil penalty of $3.95 million. The company will also provide $300,000 to help purchase emergency response equipment for fire departments in nine communities where it operates plants.
"Today's settlement with Tyson Foods will ensure the proper safety practices are in place in the future to protect employees, first responders and communities located near processing facilities from the threat of dangerous chemical releases," said Cynthia Giles, assistant administrator for the EPA's Office of Enforcement and Compliance Assurance.