Respondent is the owner and operator of a pork manufacturing and supply business. As reported in the Respondent’s risk management plan, anhydrous ammonia, Chemical Abstract Service (“CAS”) Number 7664-41-7, is used at the Facility to cool and freeze its pork products. The Facility’s freezing and cooling system holds 201,852 pounds of anhydrous ammonia. On August 13, 2023, Respondent reported the release of approximately 160 pounds of anhydrous ammonia from the Facility due to an operator error, causing pressure in the lines to build and a PRV to vent to the roof. The release caused the building to be evacuated and
the initiation of the emergency notification process. This release led the EPA to initiate CAA Section 112(r) offsite compliance monitoring activities, including the issuance of the Information Request Letter to Respondent on March 14, 2024, pursuant to CAA Section 114. On April 19, 2024, Respondent provided the requested information to the EPA.
On August 23, 2024, Respondent submitted to the EPA a replacement schedule for the 375 PRVs in use at the Facility. Respondent also provided a chart of all PRVs in use at the Facility, including the date of installation; the chart indicated 145 PRVs had been installed more than five years earlier than the date of submission. On September 13, 2024, Respondent reported to EPA that 145 PRVs remained out of compliance. Thereafter, Respondent provided regular updates to the EPA on the number of PRVs remaining out of compliance. On July 8, 2025, Respondent reported to the EPA that all PRV replacements had been completed.
Count I – Failure to Timely Certify Compliance Audits
On January 16, 2021, Respondent certified a Compliance Audit for the Facility. However, Respondent did not certify the subsequent Compliance Audit until August 10, 2024, which exceeded the three-year period within which Respondent was required to certify its compliance with the RMP Regulations pursuant to 40 C.F.R. § 68.79(a). From January 17, 2024, until August 10, 2024, Respondent violated 40 C.F.R. § 68.79(a).
In failing to comply with 40 C.F.R. § 68.79(a), Respondent violated Section 112(r)(7) of the CAA and is subject to the assessment of penalties under Section 113(d) of the CAA, 42 U.S.C. § 7413(d).
Count II – Failure to Timely Recertify or Replace Pressure Release Valves
On September 13, 2024, the Respondent reported to EPA that it failed to recertify or replace 145 PRVs in the Facility within the previous five years. From at least September 13, 2024, until July 8, 2025, Respondent violated 40 C.F.R. § 68.73(d)(2), by failing to recertify or replace all PRVs in accordance with the relevant RAGAGEP.
In failing to comply with 40 C.F.R. § 68.73(d)(2), Respondent is in violation of Section 112(r)(7) of the Clean Air Act and is subject to the assessment of penalties under Section 113(d) of the Clean Air Act, 42 U.S.C. § 7413(d).
CIVIL PENALTY
In settlement of the EPA’s claims for civil penalties for the violations alleged in this Consent Agreement, Respondent consents to the assessment of a civil penalty in the amount of ninety thousand dollars ($90,000).