Tyson Foods, Hazardous Chemical Release, Kansas 2023

CRIME SCENE IN KANSAS: Tyson Foods faces charges over multiple incidents of anhydrous ammonia release

Tyson Foods Inc., the world’s largest processor and marketer of chicken, beef and pork, has been hit with a $3.95 million penalty for its involvement in multiple incidents of anhydrous ammonia release at its facilities in Kansas, Missouri, Iowa, and Nebraska. This comes after the U.S. Environmental Protection Agency (EPA) and the U.S. Environmental agencies announced a settlement with Tyson Foods Inc. and several of its affiliate corporations to address the threats of accidental chemical releases.

According to the settlement, Tyson Foods is required to conduct third-party audits of its current compliance with the Clean Air Act’s Risk Management Program requirements at all 23 facilities in Kansas, Iowa, Missouri, and Nebraska. 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.

Under the terms of the consent decree, Tyson Foods will also 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. Additionally, 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.

Anhydrous ammonia is a poisonous gas and considered an extremely hazardous substance under the Clean Air Act. Exposure to vapors can cause temporary blindness and eye damage, as well as irritation of the skin, mouth, throat, respiratory tract, and mucous membranes. Prolonged exposure to anhydrous ammonia vapor at high concentrations can lead to serious lung damage and even death.

The Clean Air Act’s Risk Management Program requires owners and operators of facilities that exceed a threshold quantity of a regulated substance, such as anhydrous ammonia, to develop and implement a risk management plan that must be submitted to EPA. 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 Foods Inc. is headquartered in Springdale, Arkansas, and has agreed to pay a $3.95 million penalty as part of the settlement. 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.

DEFENDANT INFO: Tyson Foods Inc., Hazardous Chemical Release, Kansas 2023 – $3.95 million penalty

DEFENDANT NAME: Tyson Foods Inc.

CRIMINAL CHARGES: Multiple incidents of anhydrous ammonia release at facilities in Kansas, Missouri, Iowa, and Nebraska.

CITY AND STATE: Springdale, Arkansas, with facilities in Kansas, Missouri, Iowa, and Nebraska.

DATE: No specific date mentioned in the source, but the settlement was announced in 2023.

SENTENCE OR OUTCOME: $3.95 million penalty, plus implementation of additional safety measures and purchase of emergency response equipment.

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