The Respondent is poultry processing business. On April 14-15, 2015, EPA conducted a compliance inspection of the Respondent’s facility to determine compliance with the Risk Management Plan (RMP) regulations promulgated at 40 C.F.R. Part 68 under Section 112(r) of the CAA. The EPA found that the Respondent had violated regulations implementing Section 112(r) of the CAA by failing to comply with the regulations as noted on the enclosed Risk Management Program Inspection Findings (RMP Findings)…
VIOLATIONS
Risk Management Plan [68.190(b)(1)] No penalty assessed
The owner or operator failed to revise and update the RMP at least once every five years from the date of its initial submission or most recent update.
RMP was submitted March 27, 2015
Prevention Program
Safety Information [68.65(d)(1)(i)] $600
The owner or operator failed to provide Materials of construction on its piping system and components.
Prevention Program
Process Hazard Analysis [68.67(c)(2) & (5)] $600
The owner or operator failed to address in their 2013 PHA identification of any incident that had a likely potential for catastrophic consequences and Stationary source siting.
Facility addressed this post inspection.
Prevention Program
Operating Procedures [68.69(a)(1)] $1,500
The owner or operator failed to address all seven operating phases in its operating procedures.
Facility addressed this post inspection.
Prevention Program
Mechanical Integrity [68.73(b)] $1,500
The owner or operator failed to include written procedures for maintaining piping in its mechanical integrity program.
Facility addressed this post inspection.
Prevention Program
Compliance Audits [68.79(a)] $1,200
The owner or operator failed to certify that the stationary source has evaluated compliance with the provisions of the prevention program at least every three years to verify that the developed procedures and practices are adequate and being followed.
Facility addressed this post inspection.
Prevention Program
Compliance Audits [68.79(d)] No penalty assessed
The owner or operator failed to promptly determine and document an appropriate response to each of the findings of the audit and documented that deficiencies had been corrected.
Facility addressed this post inspection.
Prevention Program
Incident Investigation [68.81(e)] $1,200
The owner or operator failed to establish a system to address and resolve the report findings and recommendations, and are the resolutions and corrective actions documented.
Facility addressed this post inspection.
Contractors [68.87(b)(3)] $600
The owner or operator failed to explain to the contract owner or operator the applicable provisions of the emergency response or the emergency action program.
Facility addressed this post inspection.
Contractors [68.87(b)(4)] $600
The owner or operator failed to develop and implement safe work practices consistent with §68.69(d), to control the entrance, presence, and exit of the contract owner or operator and contract employees in the covered process area.
Facility addressed this post inspection.
Contractors [68.87(c)(1-4)] No penalty assessed
The owner or operator failed to ensure contractor compliance with requirements to train employees in safe work practices, hazard of the process, and applicable provisions of the emergency action plan; documentation of training completion; and that contract employees follow safety rules of the stationary source.
Facility addressed this post inspection.
Contractors [68.87(c)(5)] No penalty assessed
The owner or operator failed to ensure that contractor advised the facility of unique hazards posed by the contract work or hazards found by the contractor’s work.
Facility addressed this post inspection.
TOTAL $7,800
In consideration of Respondent’s size of business, its full compliance history, its good faith effort to comply, and other factors as justice may require, and upon consideration of the entire record, the parties enter into the ESA in order to settle the violations, described in the enclosed RMP Findings, for the total penalty amount of $4,680.
CLICK HERE for the CAFO