Respondent owns and operates an agricultural storage, feed, and supply business. On or about August 13, 2019, EPA conducted an inspection of Respondent’s Facility to determine compliance with Section 112(r) of the CAA and 40 C.F.R. Part 68. Information gathered during the EPA inspection revealed that Respondent had greater than 10,000 pounds of anhydrous ammonia in a process at the Facility. Respondent was subject to Program 2 prevention program requirements because pursuant to 40 C.F.R. § 68.10(h), the process does not meet the eligibility requirements of either Program 1 or Program 3, as described in 40 C.F.R. § 68.10(g) and (i), respectively.
Complainant hereby states and alleges that Respondent has violated the CAA and federal regulations promulgated thereunder as follows:
NOTE: pay close attention to the citations regarding the failure to maintain the Emergency Shutdown Valves pull cables! I have written a lot about these requirements this summer. Seems COVID has infected ESD systems at these fertilizer facilities.
Count 1
The EPA inspection revealed that Respondent did not implement the Program 2 prevention requirements of 40 C.F.R. §§ 68.48 through 68.60, as required by 40 C.F.R. § 68.12(c)(3).
Specifically:
(a) Respondent failed to ensure that the process is designed in compliance with recognized and generally accepted good engineering practices as required by 40 C.F.R. § 68.48(b), including an out-of-date hose in ammonia service on the riser; flammable material under the ammonia storage tank; and disconnected pull cables for emergency shutoff valves;
(b) Respondent failed to conduct a review of the hazards associated with the regulated substances, process, and procedures at least once every five years, as required by 40 C.F.R. § 68.50(d); and
(c) Respondent failed to certify that it had evaluated compliance with the Program 2 prevention requirements at least once every three years, as required by 40 C.F.R. § 68.58(a).
Count 2
The EPA inspection revealed that Respondent did not revise and update the RMP for the Facility at least once every five years.
Respondent’s failure to revise and update the RMP submitted under 40 C.F.R. § 68.150 at least once every five years, as required by 40 C.F.R. § 68.190(b)(1), violates Section 112(r)(7) of the CAA, 42 U.S.C. § 7412(r)(7).
CONSENT AGREEMENT
Respondent shall pay a mitigated civil penalty of $20,000 based on a substantiated ability to pay the claim.
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