Respondent is a cooperative with two (2) facilities that store ammonia. On June 26th and September 6, 2012, EPA conducted inspections of the facilities to determine the Respondent’s compliance with the Risk Management Program 2 Prevention Program requirements. The inspections confirmed that the facilities had more than a threshold amount of anhydrous ammonia.
Facility #1 failed to:
- document names or positions of people responsible for the implementation of the facility’s RMP Program elements and to document the lines of authority between them, as required by 40 C.F.R. § 68.15(c).
- maintain records of the off-site consequence analysis, as required by 40 C.F.R. § 68.39
- document information pertaining to the process and equipment, including safe upper and lower parameters, equipment specifications, and the codes and standards used to operate the process, as required by 40 C.F.R. § 68.48(a)
- conduct a hazard review, as required by 40 C.F.R. § 68.50.
- prepare written operating procedures, as required by 40 C.F.R. § 68.52.
- train employees operating the process on operating procedures, as required by 40 C.F.R. § 68.54.
- prepare and implement procedures to maintain the on-going mechanical integrity of process equipment, as required by 40 C.F.R. § 68.56(a)
- train each employee involved in maintaining the on-going integrity of the process, as required by 40 C.F.R. § 68.56(b)
- conduct an audit evaluating compliance with the provisions of the prevention program at least every three years, as required by 40 C.F.R. § 68.58(a)
- investigate each incident which resulted in, or could have resulted in, a catastrophic release, as required by 40 C.F.R. § 68.60.42
Facility #2 failed to
- document names or positions of people responsible for the implementation of the facility’s RMP Program elements and to document the lines of authority between them, as required by 40 C.F.R. § 68.15(c)
- The facility failed to document information pertaining to the process and equipment, including safe upper and lower parameters, equipment specifications, and the codes and standards used to operate the process, as required by 40 C.F.R. § 68.48(a).
- conduct a hazard review, as required by 40 C.F.R. § 68.50.
- prepare written operating procedures, as required by 40 C.F.R. § 68.52.
- train employees operating the process on operating procedures, as required by 40 C.F.R. § 68.54.
- to prepare and implement procedures to maintain the on-going mechanical integrity of process equipment, as required by 40 C.F.R. § 68.56(a).
- to train each employee involved in maintaining the on-going integrity of the process, as required by 40 C.F.R. § 68.56(b).
- conduct an audit evaluating compliance with the provisions of the prevention program at least every three years, as required by 40 C.F.R. § 68.58(a).
Accordingly, the above-described violations of 40 C.F.R. Part 68 and Section 112(r) of the Act is subject to the assessment of a civil penalty under Section 113(d) of the Act. Based on an analysis of the factors specified in Section 113(e) of the Act, the facts of this case, and other factors as justice may require, the EPA has determined that an appropriate civil penalty to settle this action is $120,000.00.
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