EPA alleges that Respondent has violated EPCRA Section 312 and the federal regulations promulgated pursuant to EPCRA; and Section 112(r) of the CAA. On or about February 12-13, 2013, EPA conducted an inspection of Respondent’s facility to determine compliance with EPCRA and Section 112(r) of the CAA. Respondent stores approximately 924,000 pounds of natural gasoline for use as a denaturant, in excess of the 10,000 pound reporting threshold of 40 C.F.R. 370.10(a)(2)(i). Records collected during the inspection showed that Respondent has exceeded the threshold quantity for anhydrous ammonia, storing approximately 97,200 pounds. Respondent’s denaturant process stores approximately 924,000 pounds, with the entire weight of the mixture being treated as a regulated substance.
Records collected during the inspection demonstrated that Respondent did not file 2008, 2009, 2010, 20 ll, and 2012 Tier II reports with the State of Missouri for the denaturant used at Respondent’s facility.
Anhydrous ammonia is a regulated substance pursuant to 40 C.F.R. § 68.3. The threshold quantity for anhydrous ammonia, as listed in 40 C.F.R. § 68.130, Table 1, is 10,000 pounds. Pursuant to 40 C.F .R. § 68.115(b)(2), the entire weight of a mixture shall be treated as a regulated substance, unless the owner or operator can demonstrate that the mixture itself does not have a National Fire Protection Association (NFPA) rating of 4. Records collected during the inspection showed that Respondent has exceeded the threshold quantity for anhydrous ammonia, storing approximately 97,200 pounds.
Respondent’s denaturant process contains a mixture containing greater than one percent of pentane, isopentane, and/or butane with a NFP A rating of 4, and is therefore a flammable mixture as specified in 40 C.F.R. § 68.115(b)(2). Records collected during the inspection showed that Respondent’s denaturant process stores approximately 924,000 pounds, with the entire weight of the mixture being treated as a regulated substance.
Respondent was required under Section 112(r) of the CAA, 42 U.S.C. § 7412(r), and 40 C.F.R. Part 68, to develop and implement a Risk Management Program that includes a hazard assessment, a prevention program, an emergency response program, and to file a Risk Management Plan. Records collected during the inspection showed that Respondent failed to comply with portions of 40 C.F.R. Part 68, specifically:
- failure to estimate the population based on the point of release in the Risk Management plan, as required by 40 C.F.R. § 68.30(a)
- failure to maintain records of the offsite consequence analysis date used to estimate population and environmental receptors, as required by 40 C.F.R. § 68.39(e);
- failure to include in its compilation of process safety information the design codes and standard employed and the material and energy balances, as required by 40 C.F .R. § 68.65(d)(l)(vi) and (vii);
- failure to document that an ammonia storage tank complies with recognized and accepted good engineering practices, as required by 40 C.F.R. § 68.65(d)(2);
- failure to fully document operating procedures that address the consequences of deviating from operating limits, as requirement by 40 C.F.R. § 68.69(a)(2)(i); and
- failure to certify the compliance audit or document the appropriate response to and correction of each of the findings, as required by 40 C.F.R. § 68.79(a) and (d).
Each of Respondent’s alleged failures to comply with 40 C.F.R. Part 68, as set forth above, are violations of Section 112(r) of the CAA, 42 U.S.C. § 7412(r).
Respondent shall pay a civil penalty of Forty-One Thousand Three Hundred and Ninety-Three Dollars ($41,393) within 30 days of entry of this Final Order.
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