Respondent is a company doing business as a cold storage facility. The Respondent has an RMProgram covered process, ammonia refrigeration, which stores or otherwise uses ammonia, in an amount exceeding its applicable threshold of 10,000 pounds. Based on an RMProgram compliance monitoring investigation initiated on October 29, 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 use the most recent Census data, or other updated infonnation, to estimate the population potentially affected in defining offsite impacts as required by 40 CFR § 68.30(c)
- 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 annually certify that operating procedures are current and accurate as required by 40 CFR § 68.69(c)
- Failed as the owner or operator to ascertain in a training record that each employee involved in operating a process has received and understood the training as required by 40 CFR § 68.71(c)
- Failed to perform inspections and tests on process equipment as required by 40 CFR § 68.73(d)(1)
- Failed to implement inspection and testing procedures that follow recognized and generally accepted good engineering practices as required by 40 CFR § 68. 73(d)(2)
- Failed to assure authorization requirements were addressed prior to any changes as required by 40 CFR § 68.75(b)(5)
- Failed to confirm a pre-startup review that prior to the introduction of regulated substances to a process, construction and equipment is in accordance with design specifications; and that safety, operating, maintenance, and emergency procedures are in place and are adequate as required by 40 CFR § 68.77(b)
- Failed to certify evaluation of compliance with risk management program provisions at least three years as required by 40 CFR § 68.79(a)
- 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 as required by 40 CFR § 68. 79(d)
- Failed to periodically evaluate the performance of the contract owner or operator in fulfilling their obligations specified in 40 CFR § 68.87(c) as required by 40 CFR §68.87(b)(5)
- Failed to implement emergency response program procedures for inspection, testing and maintenance as required by 40 CFR § 68.95(a)(2)
- Failed to implement training for all employees in relevant procedures of the emergency response program as required by 40 CFR § 68.95(a)(3)
Respondent agrees to pay a civil penalty of FORTY THREE THOUSAND FIVE HUNDRED DOLLARS ($43,500).
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