Respondent owns and operates an agricultural supply business. Respondent began operations in or around 1970. On or about February 22, 2023, representatives of the EPA and Nebraska Department of Energy and Environment conducted an inspection of the Respondent’s Facility to determine compliance with Section 112(r) of the CAA and 40 C.F.R. Part 68 (the Inspection). At the time of the Inspection, Respondent was storing a quantity of anhydrous ammonia in excess of 10,000 pounds and, therefore, was subject to the requirements of Section 112(r) of the CAA and 40 C.F.R. Part 68. Information gathered during the EPA inspection revealed that Respondent stored and distributed agricultural products, including anhydrous ammonia, at its facility, and therefore was engaged in a process at its facility. From the time Respondent first had onsite greater than 10,000 pounds of anhydrous ammonia in a process, Respondent was subject to Program 2 prevention program requirements because, pursuant to 40 C.F.R. § 68.10(k), the process does not meet the eligibility requirements of either Program 1 or Program 3, as described in 40 C.F.R. § 68.10(j) and (l), respectively.
Allegations of Violation
Count 1: Failure to Meet Recognized and Generally Accepted Good Engineering Practices (CGA 2.1)
During the Inspection, Respondent provided EPA inspectors with the industry standards and codes that Respondent used to design, build, and operate its process.
Respondent failed to ensure and document that its process was designed in compliance and operate its process, and to perform inspections and tests on process equipment consistent with RAGAGEP and industry standards or codes by:
a. Failing to replace pressure relief valves before the “change by” date as required by section 5.18.1.15;
b. Failing to install barriers to protect the bulk anhydrous ammonia tanks that would be sufficient to prevent damage to the tanks from vehicle impact as required by section 6.7.1;
c. Failing to maintain the integrity of the tank supports and footings as required by section 6.4.1;
d. Failing to install emergency shutoff valves in the liquid and vapor fixed piping of the transfer system within 5 lineal feet or within reasonable distance of where the hose or swivel piping is attached to the fixed piping as required by section 5.10.8.1; and
e. Failing to inspect the underground piping at least every five years as required by section 5.6.11.
During the Inspection, EPA personnel discovered that anhydrous ammonia was actively leaking from a vapor line of Respondent’s piping on the riser adjacent to the 30,000-gallon tank.
Respondent’s failures to ensure and document that its process was designed in compliance and operate its process and to perform inspections and tests on process equipment consistent with RAGAGEP and industry standards or codes are violations of 40 C.F.R. §§ 68.48(b) and 68.56(d) and Section 112(r)(7) of the CAA.
Count 2: Failure to Correct or Avoid Deviations in the Operating Procedures
During the Inspection, Respondent personnel provided EPA with their written standard operating procedures.
The standard operating procedures did not address common potential deviations, such as:
1) not opening a vapor line during a transfer;
2) a low flow rate caused by a system malfunction; or
3) contamination of the anhydrous ammonia either from the supplier or due to an unknown breach in the system.
Respondent’s failures to address known, potential consequences of deviations and steps required to correct or avoid deviations are violations of 40 C.F.R. § 68.52(b)(7) and Section 112(r)(7) of the CAA.
CONSENT AGREEMENT
Respondent agrees that, in settlement of the claims alleged herein, Respondent shall pay a civil penalty of twenty-four thousand one hundred six dollars ($24,106)
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