Respondent is the owner and operator of a food service distribution facility. On October 18, 2017, EPA conducted an inspection of the Facility to determine the Facility’s compliance with Section 112(r)(1) and (7) of the CAA, 42 U.S.C. § 74 12(r)(l) and (7), and the Chemical Accident Prevention Provisions of 40 C.F.R. Part 68 (“Inspection “). On May 24, 2018, EPA issued an Administrative Settlement Agreement and Order on Consent, EPA Docket No. CAA-03-20 l 8-0096DA (“Order “) to Respondent, in order to have Respondent address alleged violations of Section l 12(r)(7) of the CAA regarding its storage of anhydrous ammonia at the Facility. Respondent submitted an initial risk management plan for the Facility in 2003. Several resubmissions and corrections have been made since the original submission, with the latest update submitted to EPA in 2016. According to Respondent’s risk management plan, anhydrous ammonia has been present in its ammonia refrigeration system at the Facility since at least 2003 and handles approximately 12,000 pounds of anhydrous ammonia.
Count 1 – Failure to Comply with Process Safety Information Requirements