The Respondent receives, repackages, freezes, and stores meat and meat by-products used for human and animal consumption. Its refrigeration system holds 17,609 pounds of anhydrous ammonia and is a Program 3 facility under 40 C.F.R. § 68.10(d). Respondent employs between 40 and 60 employees and operates two shifts per day. On or about May 7, 2013, EPA conducted an inspection of Respondent’s facility to determine compliance with Section 112(r) of the Clean Air Act and 40 C.F.R. Part 68. EPA alleges that Respondent has violated the CAA and federal regulations promulgated pursuant to the CAA, as follows:
COUNT I
Respondent failed to develop and implement a management system as provided in 40 CFR 68.15.
COUNT II
Respondent failed to update and revalidate its process hazard analysis within five (5) years of the October 2009 PHA, referred to in paragraph 23 above, per 40 CFR 68.67(f), and failed to retain process hazard analyses and updates or revalidations for each process for the life of the process per 40 CFR 68.67(g).
COUNT III
Respondent failed to provide clear instructions of the assignment of shutdown responsibility to qualified operators in the emergency shutdown portion of the Operating Procedure to ensure that emergency shutdown is executed in a safe and timely manner per 40 CFR § 68.69(a)(l)(iv). Further, Respondent failed to provide clear instructions of the control measures to be taken if physical contact or airborne exposure occurs per 40 CFR §68.69(a)(3 )(iii).
COUNT IV
Respondent failed to establish and implement written procedures to maintain the ongoing mechanical integrity of process equipment per 40 CFR § 68. 73(b). Further, Respondent failed to correct deficiencies in equipment that are outside acceptable limits before further use or in a safe and timely manner when necessary means are taken to assure safe operation per 40 CFR § 68.73(e).
COUNT V
Respondent failed to perform and certify a compliance audit at least every three (3) years per 40 CFR § 68.79(a). Additionally, 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 per 40 CFR § 68. 79(d).
COUNT VI
Regarding its Risk Management Plan (RMP), Respondent failed to address all six elements in the RMP Executive Summary per 40 CFR § 68.155(a)(d)(e)&(f); Respondent failed to correct its RMP to included new accident history information within six (6) months of the release or by the time the RMP is updated, whichever is earlier per 40 CFR § 68.195(a); and Respondent failed to correct its RMP within one ( 1) month of any change in the emergency contact information per 40 CFR § 68.195(b).
Respondent shall pay a civil penalty of Ninety-Eight Thousand, One Hundred Fifty-Three Dollars ($98, 153) within thirty days of entry of this Final Order.
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