Respondent is the owner and operator of a facility that has more than 10,000 pounds of anhydrous ammonia and Hydrogen in processes. Information gathered during the EPA inspection revealed that Respondent uses anhydrous ammonia in the production of food ingredients and produces and stores hydrogen, and therefore, is engaged in a process at its facility.
Allegations of Violation
COUNT 1
The EPA inspection revealed that Respondent failed to implement the Program 3 prevention requirements of 40 C.F.R. §§ 68.65 through 68.87, as required by 40 C.F.R.
§ 68.12(d)(3). Specifically:
a. Respondent failed to compile written process safety information pertaining to the technology of the covered process, specifically a block flow diagram or simplified process flow diagram, as required by 40 C.F.R. § 68.65(c)(1)(i);
b. Respondent failed to establish a system to promptly address process hazard analysis findings and recommendations in a timely manner and update the process hazard analysis, as required by 40 C.F.R. § 68.67(e);
c. Respondent failed to update and revalidate the process hazard analysis at least every 5 years after completion of the initial process hazard analysis, as required by 40 C.F.R. § 68.67(f);
d. Respondent failed to perform and certify appropriate compliance audits at least every three years, as required by 40 C.F.R. § 68.79(a); and
e. Respondent failed to promptly determine and document an appropriate response to each of the findings of the compliance audit, and document that deficiencies have been corrected, as required by 40 C.F.R. § 68.79(d).
Respondent’s failures to comply with Program 3 prevention requirements of 40 C.F.R. §§ 68.65 through 68.87, as required by 40 C.F.R. § 68.12(d)(3), violate Section 112(r)(7) of the CAA.
COUNT 2
The EPA inspection revealed that Respondent failed to correct the Risk Management Plan within one month of any change in the emergency contact information required under 40 C.F.R. § 68.160(b)(6). Specifically, the emergency contact listed in the Risk Management Plan was no longer accurate as of April 2020.
Failure to correct the Risk Management Plan within one month of a change in the emergency contact information, as required by 40 C.F.R. § 68.195(b).
Respondent’s failure to correct the Risk Management Plan within one month of any change in the emergency contact information required under 40 C.F.R. § 68.160(b)(6), violates Section 112(r)(7) of the CAA.
Penalty Payment
Respondent agrees that, in settlement of the claims alleged herein, Respondent shall pay a compromised civil penalty of two hundred seven thousand four hundred and eight- eight dollars $207,488.
Respondent shall complete the following SEP:
Purchase two pickup trucks, outfit them with emergency response equipment, and then donate the vehicles to the XXXXXX Fire Department, as detailed in the SEP Proposal attached to this Consent Agreement and Final Order.
Respondent shall spend no less than one hundred and twenty-two thousand, eight hundred and fifty-two dollars ($122,852) on implementing the SEP. Respondent agrees that the SEP shall be completed within six (6) months of the Effective Date of this Consent Agreement and Final Order.
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