Respondent operates a “stationary source” that has an RMProgram covered process, ammonia refrigeration, which stores or otherwise uses anhydrous ammonia, in an amount exceeding its applicable threshold of 10,000 pounds. Respondent has submitted and registered an RMPlan to the EPA for the stationary source. Respondent has developed an RMProgram accidental release prevention program for the stationary source. Based on an RMProgram compliance monitoring investigation initiated on August 21, 2013, the EPA alleges that the Respondent violated the codified rules governing the CAA Chemical Accident Prevention Provisions, because Respondent did not adequately implement provisions of 40 CFR Part 68 when it:
- Failed to document that equipment complies with recognized and generally accepted good engineering practices as required by 40 CFR § 68.65(d)(2)
- Failed to establish a system to promptly address the team’s PHA findings and recommendations; assure that the recommendations are resolved in a timely manner and that the resolution is documented; document what actions are to be taken; complete actions as soon as possible; develop a written schedule of when these actions are to be completed; communicate the action to operating, maintenance and other employees whose work assignments are in the process and who may be affected by the recommendations or actions as required by 40 CFR § 68.67(e)
- Failed to annually certify that operating procedures are current and accurate as required by 40 CFR § 68.69(c)
- Failed to initially train each employee presently involved in operating a process in an overview of the process and operating procedures as required by 40 CFR § 68.71(a)
- Failed to provide refresher training at least every three years, to each employee involved in operating a process to assure that the employee understands and adhere to the current operating procedures of the process as required by 40 CFR § 68.71(b)
- Failed to have the frequency of inspections and tests of process equipment be consistent with applicable manufacturers’ recommendations and good engineering practices, and more frequently if determined to be necessary by prior operating experiences as required by 40 CFR§ 68.73(d)(3)
Respondent agrees to pay a civil penalty of THIRTY SIX THOUSAND SIX HUNDRED SIXTY TWO DOLLARS ($36,662), to be paid within thirty (30) days of the effective date of this CAFO.
Supplemental Environmental Project
Respondent shall undertake and complete the following Emergency Planning and Preparedness project within 45 days of the effective date of this CAFO. Respondent shall expend no less than TEN THOUSAND FOUR HUNDRED TWENTY TWO DOLLARS ($10,422) for the purchase of a 2015 Mercury 430 HD PVC Boat with a 2015 25 HP EFI 4 Stroke Motor, and a Tennessee Trailers, Inc., Trailer (Model E19), including appropriate permanent Chattanooga Fire Department decals and emergency lights on each, for the Chattanooga Fire Department.
CLICK HERE (pdf) to see this agreement.