EPA found that Respondent, a fertilizer business, had violated regulations implementing Section 112(r) of the Act at 40 C.F.R. Part 68 by failing to comply with the regulations as noted on the enclosed “Risk Management Plan Inspection Findings and Alleged Violations Summary”. 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 Summary for the total penalty amount of $8,500.
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REGULATED SUBSTANCE: Ammonia (cone. 20% or greater) MAX. QUANTITY IN PROCESS: 913,200 (lbs) PROCESS/NAICS CODE: 325311 PROGRAM LEVEL: 3 |
REGULATED SUBSTANCE: Anhydrous Ammonia MAX. QUANTITY IN PROCESS: 623,343 (lbs) PROCESS/NAICS CODE: 325311 PROGRAM LEVEL: 3 |
DESCRIPTION OF ALLEGED VIOLATIONS CAA Section 112(r) and its implementing regulations in 40 C.F.R. Part 68 require an owner or operator of a stationary source that has more than a threshold quantity of a regulated substance (listed in § 68.130) in a process, to develop a Risk Management Plan (RMP) and Risk Management Program. Four EPA representatives inspected the facility on August 3, 2016. Based upon this inspection the facility is in violation of the following risk management program elements: Specifically, at the time of inspection: