9/15/11 - REFERRAL TO DOJ.
On August 23, 2010, the Millard Refrigerated Service warehouse in Theodore released approximately 32,000 pounds of anhydrous ammonia, to which exposure in high concentrations can be lethal, into the air after refrigeration equipment malfunctioned. The ammonia travelled directly over a site where ships responding to the BP oil spill in the Gulf of Mexico were being decontaminated, and where more than 800 people were working. The Mobile, Alabama, Emergency Management Agency ordered an evacuation of the surrounding area and a one mile shelter in place situation following the ammonia release.
One hundred fifty-two people working at the site and on ships were treated for symptoms of ammonia exposure at hospitals in the Mobile area, four of whom were admitted into intensive care units. One Millard employee sustained injuries after briefly losing consciousness from ammonia inhalation.
During its investigation of the warehouse after the ammonia release, EPA discovered that Millard failed to adequately address a well-known risk for ammonia production systems called hydraulic shock, which can cause catastrophic equipment failures. These failures can lead to hazardous releases of anhydrous ammonia. The company?s failure to address this risk, in addition to other deficiencies in its production and safety systems, amounted to 37 distinct violations of the Clean Air Act?s Risk Management Program and General Duty Clause. These requirements compel companies