E. Providence Company To Plead Guilty To Clean Air Act Violations

EAST PROVIDENCE, RI—An East Providence ice company is set to plead guilty to violating the Clean Air Act by failing to implement a Risk Management Plan (RMP) in case of an accidental release of anhydrous ammonia, an extremely hazardous substance, according to a press release from the office of U.S. Attorney Aaron L. Weisman.

J.P Lillis Enterprises., D/B/A Cape Cod Ice, a cold storage warehouse and ice manufacturing facility, was assessed a civil penalty by the Environmental Protection Agency as far back as 2012 for failing to execute a RMP and has since has been repeatedly found to contain equipment in need of repair to avoid a potential hazardous release.

"Subsequent inspection by EPA, OSHA, and the East Providence Fire Department found the existence of corrosion on ammonia-carrying pipes and on the facility’s high- pressure ammonia receiver, the failure of corrosion-preventing insulation on the pipes, and inadequate inspection, testing, and maintenance of the ammonia piping and receiver," said the press release.

Cape Cod Ice has agreed to pay a $90,000 fine, serve a term of three years federal supervised release, and engage a qualified independent ammonia refrigeration consultant to conduct an audit within 90 days of sentencing, Attorney Weisman and Tyler Amon, EPA Criminal Investigation Division Special Agent in Charge, announced on Wednesday. The plea agreement states that the company will submit to the United States Attorney’s Office and to United States Probation within 30 days of the completion of the audit to create a plan.

In 2015, Cape Cod Ice repaired the corroded receiver and certified to OSHA that it had corrected the cited violations, according to the press release. However, the recommendations of a preventative maintenance program contract and a process hazard analysis, both handled by outside consultants, were never implemented.

In January of 2017, EPA sent a letter to Cape Code Ice, urging Cape Cod Ice to ensure compliance with the RMP requirements. In April of 2017, EPA inspected the facility and again observed regulation violations and issued an Administrative Compliance Order in June of 2017.

In May of 2017, the East Providence Fire Department inspected the Cape Cod Ice facility in May of 2017, issuing a Notice of Violation finding and ordering the facility to comply.

Cape Cod Ice has submitted reports to the East Providence Fire Department and EPA indicating that it is working towards bringing the facility into compliance, according to the press release.