Respondent is the owner and/or operator of a facility that uses anhydrous ammonia in its chemical manufacturing process. EPA conducted an inspection of the Facility on April 13, 2016, to assess compliance with Section 112(r)(7) of the CAA (the “Inspection”) and the regulations at 40 C.F.R. Part 68. Respondent filed an RMP for the Facility with EPA on June 20, 2013, that, among other things, identified a covered anhydrous ammonia process at the Facility as a Program 3 process, and that specified a quantity of 44,000 pounds of anhydrous ammonia for this process. Respondent filed an updated RMP for the Facility with EPA on October 30, 2018.
As described in the Order, at the time of the Inspection, EPA identified the following:
- Respondent failed to fully comply with the process hazard analysis requirements of 40 C.F.R. § 68.67(f);
- the operating procedures for the covered process did not address steps for each operating phase, including emergency shutdown procedures and emergency operations procedures, as required by 40 C.F .R. § 68.69(a)(1)(iv) and (v), and there was no documentation showing that Respondent annually certified that the operating procedures for the covered process are current and accurate, as required by 4,0 C.F.R. § 68.69(c);
- Respondent failed to fully comply with the training requirements of 40 C.F.R. § 68.7 1(b) and (c); and
- Respondent failed to promptly determine and document an appropriate response to each of the findings of the 2013 compliance audit, pursuant to 40 C.F.R. § 68.79(d).
Respondent also failed to fully comply with the requirements of 40 C.F.R.§ 68.190(b)(1), by failing to update and resubmit the RMP within 5 years of its initial submission or most recent update, as Respondent’s October 2018 RMP submission was made more than five years after Respondent’s June 2013 RMP submission.
EPA has determined that Respondent’s failures to comply fully with the requirements of 40 C.F.R. Part 68 regarding the Facility constitute violations of Section 112(r) of the CAA. Respondent is therefore subject to the assessment of penalties under Section 113(d) of the CAA.
This CAFO and any provision herein shall not be construed as an admission in any criminal or civil action or another administrative proceeding, except in an action or proceeding to enforce or seek compliance with the provisions of this CAFO.
Respondent consents to the issuance of this Consent Agreement and consents for the purposes of settlement to the payment of the civil penalty cited herein. Respondent agrees to pay a civil penalty in the total amount of $98,900.00.
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