Respondent is the owner and/or operator of a facility that sells anhydrous ammonia to farmers for use as a fertilizer. At all times relevant to this action, Respondent processed, handled and stored anhydrous ammonia at its facility. On or about May 29, 2013, and April 29, 2014, EPA conducted inspections of Respondent’s facility to determine compliance with Section 112(r) of the CAA and 40 C.F.R. Part 68. Information collected as a result of these inspections revealed that Respondent had greater than 10,000 pounds of anhydrous ammonia in a process at its facility. Respondent failed to develop and implement a risk management program for its facility that complied with all the requirements of 40 C.F.R. Part 68. Specifically:
COUNT I
Respondent failed to develop a management system to oversee the risk management program elements, as required by 40 C.F.R. § 68.15(a).
COUNT II
Respondent failed to conduct a hazard assessment in accordance with 40 C.F.R. Part 68, Subpart B, as required by 40 C.F.R. § 68.12(c)(2), as follows:
(a) Respondent failed to use the correct worst-case release quantity, which is the greatest amount of substance held in a single vessel, as required by 40 C.F.R. § 68.25(b)(1).
(b) Respondent failed to estimate in the RMP the population within a circle with its center at the point of the release and a radius determined by the distance to the endpoint, as required by 40 C.F.R. § 68.30(a).
(c) Respondent failed to review and update the offsite consequence analyses at least once every five years, as required by 40 C.F.R. § 68.36(a).
COUNT III
Respondent failed to implement prevention requirements of 40 C.F.R. §§ 68.48 through 68.60 as required by40 C.F.R. § 68.12(c)(3), as follows:
(a) Respondent failed to compile the safety information required by 40 C.F.R. § 68.48(a)(2)-(5);
(b) Respondent failed to ensure that the process is designed in compliance with recognized and generally accepted good engineering practices, as required by 40 C.F.R. § 68.48(b);
(c) Respondent failed to conduct a review of the hazards associated with the regulated substance, process, and procedures, as required by 40 C.F .R. § 68.50(a);
(d) Respondent failed to prepare written operating procedures that address the information required by 40 C.F.R. § 68.52(b)(l) and (b)(3)-(8);
(e) Respondent failed to certify that the owner or operator has evaluated compliance with the provisions of the Program 2 Prevention Program requirements at least every three years, as required by 40 C.F.R. § 68.58(a).
COUNT IV
Respondent failed to update and submit the Risk Management Plan at least once every five years, as required by 40 C.F .R. § 68.190.
Respondent shall pay a civil penalty of Twenty-Six Thousand Dollars ($26,000) within thirty days of entry of this Final Order.
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