EPA is tracking complaints as it seeks settlement with Grafton & Upton Railroad over safety plan

The EPA has a question for Grafton residents: What affect has the Grafton & Upton Railroad had on you?

This isn’t a matter of idle interest. The Environmental Protection Agency is negotiating a settlement with the short-haul rail company for alleged violations of the Clean Air Act’s chemical accident prevention requirements, which include failure to file a risk management plan before opening its propane facility and questions about fire controls.

Back in 2018, the Grafton & Upton Railroad opened its propane distribution terminal, which includes four 80,000 gallon propane storage tanks. The town of Grafton sought to block the facility but ultimately lost the court battle.

“Under Section 112(r)(7) of the Clean Air Act, 42 U.S.C. §7412(r). A facility storing more than 10,000 pounds of propane in a covered process must file a risk management plan (“RMP”) with EPA and comply with the other chemical accident prevention and mitigation requirements of 40 C.F.R. Part 68,” a fact sheet about the case included in EPA materials sent to the town reads. “An RMP is important because it identifies the potential effects of a chemical accident, identifies steps the facility is taking to prevent an accident, and contains some information for emergency responders.”

As part of its preparation, the railroad had every intention of complying, but the railroad’s manager overseeing the process died before filing an RFP and completing some of the steps required by 40 C.F.R. Part 68 for opening the facility.

“On January 23, 2018, EPA learned that the Facility was about to open for business — without a filed RMP,” the fact sheet reads. “EPA also learned that there was leakage from one of the tanks as the company was preparing to open the Facility, resulting in an emergency response. EPA was concerned about these developments. EPA notified G&U that the company had not filed an RMP, and the company promptly filed it on February 8, 2018.”

While EPA inspectors found “in general, the facility was well designed with state-of-the-art, redundant, safety controls,” the EPA questioned in December 2020 if the facility’s water cannons, used to cool down the tanks in the event of a fire, would be able to activate quickly enough in winter, when employees or responders must turn on water manually before water can fill the cannons.

“EPA met with the company to discuss alleged violations and the water cannon issue,” the fact sheet notes. “G&U currently is undertaking work that it believes goes beyond industry standards to improve water delivery to the facility’s water cannons in the winter.”

Before formally commencing a penalty enforcement action, the EPA is offering Grafton & Upton Railroad Company the opportunity to resolve the case through a pre-filing settlement before taking a penalty enforcement action.

“However, given significant public interest in the siting of the propane terminal, the EPA case team would like to hear the perspective of any interested parties before providing the company with a specific penalty offer,” an EPA letter sent to the Grafton & Upton Railroad reads.

Select Board Chair Peter Carlson suggested that a public meeting should be set up on or before September 9, possibly in the high school auditorium to accommodate a socially distanced crowd. Zoom would likely be included as an option, in addition to written correspondence.

Select Board member Doreen DeFazio stressed that the meeting would not be a question-and-answer session. Residents would be asked to limit their statements to two minutes.

The town administrator’s office will be releasing more details about the meeting.

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