Respondent operates a beverage production plant with the capacity to produce energy drinks, teas and beer. The production plant uses 160,300 pounds of anhydrous ammonia in its refrigeration system to provide cooling capabilities for its beverage products. On August 22, 2013, the EPA conducted an onsite inspection of Respondent’s RMProgram related records and equipment for the purpose of assessing Respondent’s compliance with the RMProgram requirements including applicable recognized and generally accepted good engineering practices (RAGAGEP) for its covered process at its stationary source. EPA alleges for the purpose of this Agreement:
Respondent has one RMProgram level 3 covered process, which stores or otherwise uses anhydrous ammonia in an amount exceeding its applicable RMProgram threshold of 10,000 pounds.
- 40 C.F.R. § 68.15(c) – Respondent’s accident prevention program documentation identified various accident prevention program individual responsibilities, but Respondent’s documentation did not define the lines of authority through an organization chart or similar management system document.
- 40 C.F .R. § 68.65(d)(2) – As of the date of inspection, Respondent had not documented, and could not document, that the covered ammonia process equipment, including ammonia compressors and associated controls, high and control pressure ammonia receiver groups, and ammonia accumulator control groups, was in compliance with RAGAGEP. On October 31, 2016, Respondent notified EPA that the covered ammonia process equipment was “now in compliance with [RAGAGEP]” following the completion of improvement projects on that equipment.
- 40 C.F.R. § 68.71(c) – Respondent did not have the necessary training records for several employees involved in operating the covered ammonia process that included the identity of the employee, the date of the training, and the means used to verify that the employee understood the training.
- 40 C.F.R. § 68.73(d)(4) – Respondent’s process equipment inspection and test documentation for several compressor inspections and systems analyses on the ammonia process equipment did not include the date of the inspection or test or the name of the person who performed the inspection or test.
Respondent agrees to pay the civil penalty of EIGHTY-ONE THOUSAND TWO HUNDRED DOLLARS ($81,200) within 30 calendar days of the Effective Date of this Agreement.
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