The CAFO resolves the following CAA and CERCLA violations that EPA alleges occurred in conjunction with Respondent’s handling of ammonia at its cold storage warehouse:
- Failure to Comply with RMP emergency contact requirements, in violation of 40 C.F.R. § 68.160(b)(6);
- Failure to comply with Program 3 safety information requirements, in violation of 40 C.F.R. 68.65;
- Failure to comply with Program 3 training documentation requirements, in violation of 40 C.F.R. § 68.71(c);
- Failure to comply with Program 3 hot work permit requirements, in violation of 40 C.F.R. § 68.85(a);
- Failure to comply with Program 3 compliance audit requirements, in violation of 40 C.F.R. § 68.79;
- Failure to comply with Program 3 revalidation requirements for the process hazard analysis, in violation of 40 C.F.R. § 68.67; and
- Failure to failure to timely report a March 27, 2015, release of ammonia to the National Response Center, in violation of Section 103(a) of CERCLA.
The company owns and operates a blueberry processing plant and controlled temperature storage warehouse in the state of Maine. The company also owns a recently constructed dry storage building and an old house on the property. The Facility is located near a main road in a mixed business-residential area and approximately 1.5 miles from a Hospital.